Wednesday, February 3, 2021

If I say the words “super” and “bowl” together as one term, will the NFL sue me?

The seemingly short-sighted and monopolistic National Football League (“NFL”) has done itself a disservice for limiting the commercial use of the term “Super Bowl.”  Before the NFL regularly seemed to enforce its copyright and/or trademark moratorium on using the “Super Bowl” name in commercial speech and discussions, during the weeks leading up to the “Super Bowl,” that game was all most anyone talked about prior to the football game.  Now, with the NFL’s hard-line copyright/trademark agenda, no one even mentions the “Super Bowl” game is nearing game time.   

For the most part, the game is no longer mentioned on radio airwaves, commercials, or anywhere else for that matter - other than news and sports broadcasts.  If the game is mentioned on the radio, it’s merely spoken of as “the big game,” or the like.  Mostly because broadcasters fear having to pay royalties for mentioning the event by its “Super Bowl” name.  (See:  “Is Super Bowl Protected by Trademark or Copyright Law? Try Both.”; located at: https://www.broadcastlawblog.com/2012/01/articles/is-super-bowl-protected-by-trademark-or-copyright-law-try-both/ .  Also see:  “Be careful with the phrase 'Super Bowl' in marketing; NFL has the trademark”; located at: https://www.startribune.com/be-careful-with-the-phrase-super-bowl-in-marketing-campaigns-nfl-has-the-trademark/446916483/ . Finally, see:  “Super Bowl Advertising Guidelines: The Do’s And Don’ts for Marketers”, located at: https://www.themotherhood.com/super-bowl-advertising-guidelines/.)

I understand the legalities of trademark law, both common law and the Lanham Act as well.  (See:  “U.S. Trademark Law: Rules of Practice & Federal Statute”, located at: https://www.uspto.gov/trademarks/laws .  Also maybe see: “U.S. Army Department Prepares for War with the “VEGAS GOLDEN KNIGHTS” – a Brief Note.”, located at: https://engineeringandcommerce.blogspot.com/2018/03/us-army-department-prepares-for-war.html .)  I likely even understand much of copyright law and copyright protection, mostly anyhow.  Of course, I also basically understand the concepts of “fair use” (See: “Fact Sheet: Protecting a Trademark. Fair Use of Trademarks”, located at: https://www.inta.org/fact-sheets/fair-use-of-trademarks-intended-for-a-non-legal-audience/ .  Also see: “More Information on Fair Use”, https://www.copyright.gov/fair-use/more-info.html .)  And. I maybe even understand any other “newsworthiness exception” – to whatever extent these doctrines might apply to this noncommercial blog topic.  

But in spite of all those legal protections, it is my opinion that the NFL has done itself no favors by stifling the free advertising it would otherwise receive when anyone would be free to relay pre-game thoughts and to address those thoughts by the game’s “Super Bowl” name.  Compound this lack of free advertisements by our awareness that the NFL may not have the unbridled clout with the nation’s populace as it once enjoyed.  That popularity with the nation was, of course, prior to the NFL introducing politics into its arenas as a precursor to the football game – with the millionaire football players kneeling and protesting against our nation during the obligatory pre-game rendition of the national anthem, for whatever the reason of the protests. 

Regardless, in my opinion, the NFL is still in the entertainment business and surely generates more dollars for its offerings by having more viewers and more advertising “buzz,” (so to speak) which typically leads to more viewers.  I mean…, the NFL is not in the business of selling “Kleenex” or “Aspirin” or novels wherein others using their products’ names cuts-into the original trademark/copyright owner’s financial bottom line or turf (pardon the lame pun, if you would).  There is still only one “Super Bowl,” in other words, after all.  Unless maybe we include the likes of Massachusetts High School football.  (See:  http://www.mhsfca.net/super-bowl-history.html .)  Then again, maybe the mighty NFL is not fearful of anyone confusing the Massachusetts State High School football championship for the NFL’s “Super Bowl.” 

Ironically, I must wonder if I am creating any personal liability with the use of the “Super Bowl” term here in this blog entry.  So, like…, maybe the NFL will sue me?   Like…., not that I really care, of course.  ‘Cause I ain't paying the NFL any royalties for using the term anyhow.  Then again, maybe the NFL will go after Google and force it to remove this blog entry.  (Google owns this blogspot/blogger platform.  Unless maybe I can purchase my blog domain names, as Google once offered long ago.)  And thereby, such thoughts and fears of liability highlight the unseemliness of the whole matter concerning the NFL’s copyright/trademark issue of forbidding the use of the “Super Bowl” term.  Maybe it is an example of such, anyhow.

The NFL’s effort to get more money or protect their copyright/trademark – or however the NFL rationalizes it all, has only worked to the detriment of all concerned if popularity of the event is what they actually seek.  In the modern world, any attempts to prevent “buzz” or talk of one’s product is only to the detriment of the entity offering the product.  Or at least so the matter seems in the case of the NFL and use of the term “Super Bowl.”

 

Adam Trotter

(February 3, 2021.  A few days before Super Bowl ?̅ ?̅ - whatever number I don’t know because nothing about the game is ever mentioned on the radio stations to which I listen -  with the "big game" being between quarterback Tom Brady’s new team, the Tampa Bay Buccaneers, and the Kansas City Chiefs.)

Thursday, January 7, 2021

Water Collecting Energy

Could it be possible for a substance such as water to capture or collect all the energy that was incident upon it?  What if the water could store and or channel that energy?  Say, if the water was able to do so more productively than a substance of a different density or different pliability.  And, possibly, what if that potential of the water was proportional to the density at the various levels of pliability? 

AVT  (January 2021)

Friday, September 18, 2020

What of Resonant Energy / Vibrations / Frequencies?

And, what of resonant energy / vibrations / frequencies?  Would such allow prehistoric man to move those massive monolithic stones and to precisely place them into massive structures?  An unlimited energy source with no negative externalities? 

AVT, P.E.  (September 2020)

 

Acient Aliens, “The Alien Frequency”  

https://www.history.com/shows/ancient-aliens/season-12/episode-8

:)

 

See also:

Rise Up…

http://engineeringandcommerce.blogspot.com/2016/07/rise-up.html

And Destroy.

https://engineeringandcommerce.blogspot.com/2016/07/and-destroy.html

Sunday, September 13, 2020

Endothermic or Exothermic?

I have to wonder in which direction the energy flow creates heat – energy flow of which I have previously blogged, at least indirectly.  I also wonder if I will ever have the opportunity to find out for myself.  Given the secretive nature of modern governments, the apparently paradigm-laden institutions of higher learning, and the costs to do anything anymore, I sort of doubt it.  Time will tell.

AVT, P.E.   (September 2020)

 

See: 

Chilean Navy helicopter pilot shoots video of UFO  (Fast forward to about 8 minute mark, maybe)

https://www.charlotteobserver.com/latest-news/article125658529.html

Watch: Chilean Navy Releases Video of UFO! What is it?

https://sofrep.com/fightersweep/watch-chilean-navy-releases-video-ufo/

 

See also:

Ancient Aliens Television Show (S-15, E-3)

https://www.history.com/shows/ancient-aliens/season-15/episode-3

 

 See also, also (for whatever it’s worth):

Free Electricity for Everyone Everywhere! It Surrounds Us!

http://engineeringandcommerce.blogspot.com/2011/05/free-electricity-for-everyone.html

Electricity from Gravity?

http://adamvernontrotter.blogspot.com/2009/11/electricity-from-gravity.html

Artificial Gravity?

http://adamvernontrotter.blogspot.com/2010/01/artificial-gravity.html

Water Answers Energy

http://engineeringandcommerce.blogspot.com/2020/01/water-answers-energy.html

Monday, June 8, 2020

The Adam Vernon Trotter Problem-Solving and Decision-Making Process

Reposted here on June 8th, 2020



January 25th, 2011



I was recently asked:

Are you familiar with/well practiced at the Kepner Tregoe problem solving and decision making process (KT)? Please briefly elaborate.

[I responded with the following:]



Yes.

At the risk of sounding arrogant, which is something I prefer not to do, I consider myself a consummate creative problem solver and a systematic, fair-minded decision maker. The real trick of it all is not to create any new problems while solving others. Ultimately, when faced with any problem, a truthful, viable, and feasible solution that reflects the utmost of technical integrity is what I seek to resolve the difficulty.

Whenever possible, I always strive to achieve ‘win-win’ solutions for all parties involved – even when faced with others who have no knowledge of ‘win-win’ possibilities or prefer/tend to deny any possible ‘win-win’ outcome of any given situation. Regardless, I am a steadfast believer in the importance of proper communication. I enjoy debating topics with others. I try to enlighten and productively persuade others. I prefer open-minded individuals over closed-minded ones. When working as a member of a team, I make a concerted effort to let all team members contribute to the task at hand – in their own fashion, if need be. I rarely, if ever, hold a grudge against anyone. Conversely, I often play ‘devil’s advocate’ concerning nearly any issue in an effort to better any necessary solution.

Consequently, I consider myself an expert at problem definition/analysis efforts – be they actual problems or potential problems and regardless of whether they are of a technical or interpersonal nature. In the end, I always strive to effect meaningful and feasible solutions that survive into the distant future. Along the way, I enjoy breaking-down problems and analyzing all potential variables that might be present. I tend to dislike and distrust any assumptions and I greatly enjoy nonstop brainstorming. As such, I am competent at correcting problems and installing/implementing solutions. Throughout the effort I continually assess and reassess the process and the outcome as necessary. I always consider Return On Investment (ROI) of decisions and life cycle costing of capital investments and improvements (and IRR and NPV, too). Every effort also must pass a simplistic real-world sanity check while being scrutinized for value-added. Furthermore, ethical actions and safety concerns are always paramount throughout any undertakings or efforts. As such, I am never perturbed by supervisory involvement or lack thereof. I am confident that I perform these problem-solving and decision-making initiatives equally well when working as a team member and also when working solo.

While this problem-solving and decision-making process may seem drawn-out or vague and even haphazard or random, such is not the case. Not at all. Problem solving is [almost always] a simplistic and systematic process, albeit possibly an iterative, consuming and involved process at times – depending on the circumstances. Such a systematic and straight-forward process is regardless of the complexity of the problem or the intricacy of the preferred solution/decision – politics and resources potentially withstanding, of course, depending on the environment, situation, and personalities involved. However, when the process functions properly and a ‘win-win’ outcome reflecting fairness, integrity, and truth is attained: the environment, the difficulty, and the situation are all, in fact, nearly and typically irrelevant to the problem-solving and decision-making process.


/// end of response///



Had I have known that I could rival Princeton professors with such an answer, or possibly made myself rich or famous with such a process, I may have written this particular blog entry much sooner. :) As might be apparent to some, what I have done here is to take what is claimed to be the Kepner Tregoe (KT) problem solving and decision making process and expanded it. What you might find here in The Adam Vernon Trotter Problem-Solving and Decision-Making Process includes much of what might be included in the common-sense KT Process with additional facets which I do not believe are addressed by the KT process.


Adam Vernon Trotter, P.E. / AVT


See also:
The Adam Vernon Trotter Theory of Business Management, located at
http://adamvernontrotter.blogspot.com/2010/11/adam-vernon-trotter-theory-of-business.html





The original post of this blog entry is located at:   
https://adamvernontrotter.blogspot.com/2011/01/adam-vernon-trotter-problem-solving-and.html

Monday, May 4, 2020