Octopus Intelligence #nature #ocean #octopus #biology #intelligence

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Octopuses are weird, but studying them has a lot to teach us.

Yeah, I said “octopuses,” bitches.

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Cake @TheAndrewNadeau #aging #happybirthday #birthday #cake

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No, not them!

I don’t really celebrate my birthday, but . . . .

Go ahead and check, motherfuckers!

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In case the tweet is ever deleted.

I’m About to Turn 54 @blink182 #aging #happybirthday #birthday #music

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Once a decade for an entire year, I get to make myself the subject when I sing Blink 182’s What’s My Age Again? Today is the last day of that year. Sing it for me as well. See you in 9 years.

0:57

I’m still a child.

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Aging #aging #happybirthday #birthday

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My birthday is coming up next month. Fun fact: My birthday is as far from today as it was from 1914. What was going on in 1914 (no earlier than May 17)?

  • England passes the Irish Home Rule Bill. My maternal, maternal, great grandmother was probably pleased.
  • Honus Wagner becomes the first baseball player in the 20th century with 3,000 career hits.
  • Archduke Franz Ferdinand of Austria is assassinated.
  • The Royal Naval Air Service is established.
  • Babe Ruth makes his Major League debut.
  • World War I begins.
  • A ton of other war stuff.

How about some innovations and inventions?

  • The first electric traffic light is installed at Euclid Ave. and East 105 St. in Cleveland, OH.
  • Oxymorphone (related to morphine) is developed.
  • Stainless steel items spread through the general public.
  • A perfumer, Puig, is founded.
  • Woodman’s of Essex, a Boston clam shack, opens.

Births of people (no one of note on May 17)

  • Superman actor George Reeves (died before I was born).
  • Boxer Jersey Joe Walcott
  • Actor Alec Guinness
  • Actor Ray Walston
  • Baseball’s Joe DiMaggio

Source: Wikipedia. So, perhaps none of this is true.

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The Curious Legality of the Aspirin Trademark @bayer #trademark #ip #aspirin #Bayer #TrademarkTuesday

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Blog posts cannot substitute for legal advice. If the topics discussed in this post are relevant to a real case you have, please consult an attorney.

I’ve previously dispelled a common misconception between copyrights and trademarks. In summary, the “doctrine of laches” does not apply to copyrights. That is, if a copyright holder doesn’t enforce their copyright, they don’t lose the copyright. The doctrine of laches does apply to trademarks. Bayer’s Aspirin is an example of a trademark that fell prey to the doctrine of laches and was subsequently “genericized.” But there’s a legal twist to this story.

The German company, Bayer, held a patent in acetyl salicylic acid (“ASA”), and a trademark in Aspirin to identify it. The patent expired in 1917, but they continued to sell it under the brand name Aspirin, so the trademark lingered. Due to World War I, Bayer lost all its assets including its intellectual property. A new, company, bought those assets (including the trademarks “Bayer” and “Aspirin”) and continued selling ASA using the Aspirin trademark. Unfortunately, “considerably more than 220 tons” of counterfeit Aspirin flooded the U.S. market. This ASA was sold as “aspirin” throughout the general public, but with perhaps only an insignificant percentage of exceptions, manufacturing chemists, retail druggists, and physicians didn’t use or sell the infringing ASA.

In Bayer Co. v. United Drug Co., 272 F. 505 (S.D.N.Y. 1921), Bayer sued to enforce the trademark, and the result was, despite the Honorable Learned Hand’s claim, a first in the law. Here’s the relevant quote, which I’ll next explain.

The case, therefore, presents a situation in which, ignoring sporadic exceptions, the trade is divided into two classes, separated by vital differences. One, the manufacturing chemists, retail druggists, and physicians, has been educated to understand that “Aspirin” means the plaintiff’s manufacture, and has recourse to another and an intelligible name for it, actually in use among them. The other, the consumers, the plaintiff has, consciously I must assume, allowed to acquaint themselves with the drug only by the name “Aspirin,” and has not succeeded in advising that the word means the plaintiff at all. If the defendant is allowed to continue the use of the word of the first class, certainly without any condition, there is a chance that it may get customers away from the plaintiff by deception. On the other hand, if the plaintiff is allowed a monopoly of the word as against consumers, it will deprive the defendant, and the trade in general, of the right effectually to dispose of the drug by the only description which will be understood. It appears to me that the relief granted cannot in justice to either party disregard this division; each party has won, and each has lost.

Id. at 513-14.

What all of this means is that, to the general public, aspirin was no longer a trademark. Anyone could sell ASA to the general public and call it aspirin (with a small A), because to the general public, they were the same thing. However, Aspirin (with a capital A) was still a distinctive mark among manufacturing chemists, retail druggists, and physicians, because they never treated it as a generic term. As professionals in the industry, they weren’t burdened by having to call the generic drug acetyl salicylic acid (or monoaceticacidester of salicylicacid), so they continued to do so. Also, those professionals weren’t willing to trade in infringing goods, so they never did.

The net result was that the trademark was no longer applicable to the general public, but it was still valid when selling to manufacturing chemists, retail druggists, and physicians.

Weird, huh?

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Men Are Pigs #DnD #ADnD #gaming #TTRPG

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Men will say anything to get some action, won’t they?

I don’t buy it.

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Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to, nor endorsed, the contents of this post. (Okay, jackasses?)

Animal Alignment Chart #Caturday #ADnD #DnD #RPG #TTRPG

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I saw a few of these online and didn’t agree with any of them. I took it upon myself to make my own. My explanations follow. Your bullshit complaints will follow that.

LG: Dogs. They follow rules without ever questioning them, and they’re annoyingly sweet. Lawful good is always annoying.

NG: Hamsters. They’re largely chaotic, but they like their hamster wheels and other routines. They’re also never mean.

CG: Weasels. These creatures cannot be contained, but they’re always cool. Unless you’re a rabbit.

LN: Cow. Cows also follow the rules without question, and that’s the extent of their entire philosophy of life.

N: Goldfish. Too stupid for anything else. If you want something smarter, I’ll stick a human in there. Be careful what you wish for, disphit.

CN: Cat. I’ve seen dog lovers characterize them as chaotic evil. That’s only because those low-ego fools can’t handle anything but unearned and unquestioned loyalty. Any independent thought on the part of the pet is considered “evil.” The truth is that cats randomly alternate between sweet and mean, but always have an air of IDGAF.

LE: Ants. The colony will eat you, but always by the book.

NE: Rat. You have a rat as a pet? WTF you thinking? I hope you get the plague.

CE: Honey badger. These guys are like cats, but are never sweet.

Final answer.

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Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to nor endorsed the contents of this post. (Okay, jackasses?)



The Pufferfish Lich #science #biology #gaming #DnD #ADnD #RPG #TTRPG #pufferfish

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Sundays now are lazy days for me. I either post something silly or other people’s work. Usually both. Today, it’s (loosely) using science to imagine a D&D creature. I did that with the Ixitxachitl and now do it with the pufferfish. Behold the pufferfish lich!

I don’t care what spells it casts. I’m not afraid.

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Help!

Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to, nor endorsed, the contents of this post. (Okay, jackasses?)

Mountain Lions @NatGeo @dodo #Caturday #ADnD #DnD #RPG #TTRPG

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Today’s the day! I’m playing 1st Edition D&D for the first time in almost a decade and running it for the first time since 1982. (I’m old.) I’m starting them out with B2: The Keep on the Borderlands, and it’s Caturday, so I thought I’d give you something on mountain lions today. No particular reason. 🙂

Ssshhhh! My players may be listening!

Here’s a video comparing them to yeti. They’re so mysterious that they almost qualify as cryptids. They don’t because, well, they’re real.

Okay, it’s kind of dumb to compare them to a yeti, but everyone likes to be dramatic. Don’t shoot the messenger. Here’s a completely unrelated cat video from the DoDo that hit my stream today.

I’m interrupting the gaming session to post this.

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Help!

Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to nor endorsed the contents of this post. (Okay, jackasses?)



Mushroom “Art” @guardian #art #mushroom

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Sundays now are lazy days for me. I either post something silly or other people’s work. Usually both. Today is dedicated to gearing you up for the following two days that, for reasons I don’t understand, I’m dedicating to mushrooms. Here’s an article from two years ago care of the Guardian discussing a mushroom-obsessed trend among artists.

I’m not fashion expert — I consider myself lucky if my tie matches my shirt — but this doesn’t seem like something to wear when you’re out on the town.

Now that I would wear. To the Renaissance Faire.

Truth be told, I hate mushrooms.

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