Let's roll some dice, watch some movies, or generally just geek out. New posts at 6:30 pm ET but only if I have something to say. Menu at the top. gsllc@chirp.enworld.org on Mastodon and @gsllc on Twitter.
Yesterday, I posted about the death of my cousin, Norma. As I continue to parse out my feelings on the matter, I decided to supplement that post with a couple of other things.
First, with respect to the Frankie Valli story, when Norma and her friend disengaged from Frankie, I told her what almost happened. She reminded me that, while she was (of course) appreciative of my concern, she wasn’t stupid. She was an adult and knew what was going on and would never have gone anywhere with the guy. She understood that I wasn’t upset with her behavior but rather concerned with his, and that leads to point number two.
Everyone fights with everyone else. Everyone gets frustrated with everyone else. This is perfectly normal, and you shouldn’t feel bad about it, even in the unfortunate instance that your anger or frustration is the last thing you experience before losing someone. What isn’t normal? Norma never once made me angry. Or frustrated. I never even surreptitiously rolled my eyes at her. She simply never annoyed me at all, and if I ever annoyed her, she never told me so. This is certainly not a testament to my character; it’s a testament to hers. Plenty of people annoy me, and plenty more are annoyed by me. I’ve never heard anyone speak poorly of anything Norma did or said. She really was someone you couldn’t help but love.
I don’t know if it’s my best memory of my cousin, Norma, but it’s the one that immediately comes to mind. Norma and a friend came to Chicago when I was in law school (1999 IIRC). We were barhopping in the Rush Street district, which was a popular weekend spot back then. Frankie Valli, a singer well-known for his small acting and large musical roles in Grease, was walking the streets, and Norma and her friend caught his eye. He was hitting on them. I was standing close by to make sure they were okay, which almost resulted in a fist fight with one of his security guards. He kept placing his hand on my chest, and I kept swatting it away. Everything worked out, though. That 60+ year old pervert didn’t get laid that night. Well, at least not by my 29/30-year old cousin. I didn’t follow him around. (EDIT: I added more to this story on tomorrow’s post.)
Last Thursday, Norma died of the same cancer that killed a handful of people in our extended family. I found out on Saturday and found her obituary at about noon today. The most difficult part of being estranged from one’s nuclear family is the loss of people who you still love. Norma was wonderful, and I loved her very much. She was only a year younger than I, but I could never imagine outliving her. I wish I could have said goodbye, not only to her but to a couple others who’ve died, but this is a consequence you sometimes must accept to keep yourself safe and sane. Leaving ties gives them a way to sneak in and do damage, and asking the ones you love to make a choice between you and the ones that harm you is not a fair thing to do. As far as I’m concerned, this is just one more thing they’ve taken from me. I’m a far happier and healthier person in general, but not today.
I used to have a nervous habit of shaking my leg and can’t count the number of times people have complained about it. I recently noticed that I no longer do it and probably haven’t for years. Based on certain changes I’ve made in my life, that’s not surprising, but its absence snuck up on me; I didn’t notice that I had stopped.
Anyway, the internet read my mind (as we know it always does) and placed a Joe Rogan video in my YouTube shorts stream. The health expert being interviewed mentioned that your calf muscles use an inordinate amount of energy relative to similarly sized muscles, and as a result, you can burn a lot of calories because of that nervous tic. I did some internet research and found several articles confirming these findings. Here’s one with six ways to burn calories.
I have a multitude of posts talking about my weight loss, weight gain, gym time, etc., and now I’m forcing myself to shake my legs with the intent to burn between 50 and 400 calories a day. These numbers represent the lowest and highest estimates I could find. Keep in mind, though, that fidgeting isn’t the solution to a slim waistline. It’s like a multivitamin: It won’t give you everything you need, but as a supplement, it can fill in some missing gaps.
Yeah, you’ve heard it all before, but now you’re hearing from someone who used to swear by daylight savings time (“DST”). In fact, I wanted the United States to switch over to DST permanently. I heard scientists claiming that it’s bad for you, but like any American, I rejected the science. I didn’t want an evening commute to be dark.
I was an idiot.
As I discussed about a year ago, I purchased a home with window treatments that let sunlight in even when they’re closed. The result has been that I wake up earlier, and the sunlight is far less jarring on the brain than an alarm clock regardless of how soft the alarm is. Humans, and every other living organism, evolved around the sun, not around alarm clocks, developing circadian rhythms (i.e., “physical, mental, and behavioral changes that follow a 24-hour cycle”).
It’s far easier to get up in the morning, and I have far more energy even after putting on a lot of my bad weight again. I also easily fall to sleep most nights, which is something that has been elusive nearly my entire life. This despite always using my cell phone when going to bed. Daylight savings time screws that up. Now I rely on an alarm to get to the gym on time, and if I had to be to work before 9 am, I’d still be in that jam.
Last Friday, I mentioned that I’m finally headed back to the gym. Despite the difficulty of doing so, there’s one thing working in my favor. My body is naturally waking up every morning at least 80 minutes earlier than necessary to get me to work on time. I don’t even sleep in on the weekends. I noted that there’s a reason for this.
I’m a very private person, but in an odd way. Much of what you might think should be private, I have no problem sharing, while things you routinely blab about, I keep to myself. Still, one thing that exemplifies my privacy kick that will come as no surprise is that I always keep my shades drawn. In my last residence, this meant that the sun never made it through. Last January, I bought a house, and the — what do you call them? — window treatments keep prying eyes at bay but allow the sunlight through.
Poop.
Well, by now you should all know the meme. Sunlight impacts your sleep cycle. It wakes you up more gradually than a jarring alarm clock. I arguably don’t need an alarm clock, but if I rely on it to wake up, it makes getting out of bed far more difficult. Sunlight really works better.
If you’re having trouble getting up in the morning, consider different coverings for your windows. It really works.
Once I was where I needed to be, I relaxed my dietary restrictions (though I can still say it’s been over five years since I’ve had a soda). I wound up having my first surgery in 2020, and the pandemic shut down all the gyms. Combined with my relaxed diet, the net result was that I fell off the fitness wagon. I’ve since put on far more weight than I wanted, and I haven’t been to the gym in over two months.
This came up yesterday with a coworker. She asked why I haven’t been to the gym in so long. I told her that when I was a kid, I loved going to the top of the Empire State Building, Sears Tower, etc. Unsurprisingly, I always wanted to go to the top of the Washington Monument but never did. Why? Because I lived here. The Washington Monument would always be there tomorrow, so I could put it off another day. And another. And another.
Now I’m less than a week from my 54th birthday, and I’ve still never been to the top of the Washington Monument. The problem is that it’s too easy. When something is too easy, it can be exceptionally hard. That’s what’s happened to my workouts. I bought a home in January and cancelled my gym membership because my HOA comes with a gym. The gym is less than 1/2 mile from my home, is open from 4 am to midnight every day, and is already paid through my dues. I can go there any time I want.
So I never do.
I hope to say that, this morning, all of that changed when I finally got back into the gym.
Proof!
I don’t have to get up until about 7:50 am every morning to get to work on time, but I’ve been waking up at 6 or 6:30 am without the help of an alarm. (There’s a reason for that.) That gives me at least 80 minutes to get to the gym and do something, so that’s what I’m going to start doing.
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.
This week I’m taking Monday, Tuesday, and Wednesday off from work. The pandemic eliminates most vacation spots of interest to me, so it’s going to be a staycation. Sadly, I have missions to complete — I got my passport renewed today, am having my annual eye appointment, etc. — but for the most part am just relaxing. As someone who used to never use my vacation hours, I can assure you that this is important, even if I’m not going anywhere.
In case a three-day vacation seems strange, the idea is to avoid making life miserable for my coworkers — Thursdays and Fridays are almost always busy — and to save a few vacation days. I can carry over only one week into the next year, and I intend to do that every year for my annual February vacation. I’ll have a little over two days left, which I’ll burn up over the holiday season. It makes sense, and I’m not going to give up any of my time.
Even if you’ve been working throughout the pandemic, take your vacation. Maybe watch some of the movies and shows I’ve been reviewing.
This past year has been a great ride. A collection of small and not-so-small things inspired me to make some changes in my life. I don’t like discussing it, but many people have credited me with inspiring them to make changes, so here I go again.
On May 21, 2017, I weighed 303 pounds. I was pre-diabetic, had high blood pressure, a B12 deficiency, and developed osteoarthritis in my hip. All of that sucked, but it didn’t inspire me to make any changes. What ultimately put me over the top was the burden I had become on society, and more severely on my friends. My gluttony and sloth were affecting others, and that wasn’t fair.
So, on May 22, I stopped drinking anything but water (occasionally with a bit of lemon or lime juice for flavor, but usually by itself). On June 5, I dropped my daily carb count to 70-75 grams per day and eliminated all but trace amounts of sugar from my diet. Everything that I eat has one of three things on the label: “0 g sugar,” “<1 g sugar,” or “not a significant source of sugars.” If it says 1 g of sugar, I won’t eat it. I don’t eat even onions and peppers because they have a higher natural sugar content then other vegetable options (spinach is your friend). To get me started, my first meal was at Wildfire in Tysons Corner. I had filet mignon and broccoli with lemon juice. Nothing wrong with that. When I had carb cravings, which happened a lot, I’d cook up an entire pack of bacon and eat that as an in-between-meals snack, and I’d still lose weight! Note: If you have certain medical conditions, my diet won’t work for you. Also, if you’re only 20 pounds overweight, things won’t move as quickly as someone needing to lose 100 pounds. Consult a doctor if you have a genuine medical condition, but if you don’t have any genuine medical conditions, don’t pretend you do. Creating excuses will doom you from the start. This took dedication and persistence.
On July 6, I went back to my martial arts dojo and started working towards my 2nd degree black belt. In late September, I added weightlifting to my regimen, which is the first time in my life that I’ve regularly lifted weights. As my endurance improved, I started running. I do interval training, alternating between a jog speed (4.5 mph) and run speed (6.5 mph), but my goal is to regularly run at 7.5 (i.e., the fabled “8-minute mile”). Because of the workouts, I’ve actually had to force myself to eat 135 g of carbs per day and drink sugar-free Power Zero to replace potassium and sodium, but I never once faltered and resumed sugar intake.
My Results So Far
Today, I turn 50, and here are the results. I’ve lost 75 pounds. All of my numbers are great, and I have no persistent joint pain. I feel better physically, emotionally, and even mentally (i.e., no more B-12 deficiency causing vertigo, etc.). Don’t get me wrong. I’m 50. That means that lifting weights for the first time in my life can cause intense soreness. Even the very familiar martial arts have resulted in a badly-pulled hamstring and other assorted aches and pains. But that’s all temporary. If I give myself a little rest, it goes away, and then it’s back to the grind.
My Goals Going Forward
All I have is MS Paint. No Photoshop.
Okay, not quite. Here are the real goals: The aforementioned 8-minute mile and 2nd-degree black belt, another 8 pounds lost, but more importantly, everyone realizing that they can do the same thing. If you want to lose weight, start dieting right now, and then when you’re ready, start working out (preferably weights first, then cardio, but do whatever you enjoy more so that you’ll stick with it). If 50 isn’t too late, 40 sure isn’t, and neither is 30. The longer you wait, the more permanent damage you’ll do to yourself that will never be undone (I’ll spare you the gory details).
Get on it! If you have any questions or need a sounding board, let me know.
A special thanks to Ben Barr, champion of the First Amendment, whose post about a year ago gave me some good ideas.
Play What You Want 