Friday, 5 September 2014

Charity walking on thin ice over hot trend

Charity walking on thin ice over hot trend

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Charity walking on thin ice over hot trend
Courtesy of Greg Myers
It started off as a warm, fuzzy worldwide trend of pouring ice water over someone or on ourselves, to raise money for the ALS Association.
Even our very own NSW Attorney-General Brad Hazzard took up the challenge on a cold Sydney day, and challenged former premier Barry O’Farrell to do the same.
But it seems the ALS Association has poured cold water over the ice bucket challenge, and has shown it may have slight issues with sharing.
The association had filed applications to trademark the phrases “ice bucket challenge” and “ALS ice bucket challenge”.
They filed two trademark applications claiming they own the phrases for charitable giving, theWashington Post reports.
But when the move was met with an avalanche of backlash and ice-cold reception from the public, the association went cold on its own bid and decided to revoke its application.
The application has got one trademark attorney particularly fired up, who called it “shameful” when he found the applications last week.
“The reasons in general one seeks to protect a trademark is to prevent others from using it,” trademark attorney Eric Pelton told the Post.
“I find this to be shameful because I hope that they would never consider…preventing some other charity from using the phrase.
If the applications got the go-ahead, the charity could have used the registration to attempt to take other groups to court that use it without a permit, they can pounce on social media accounts using the phrases and they can “potentially stop other charities from using it”.
Pelton wrote in a blog post that he is unsure if the charity “can claim real ownership” of the phrases, and said many others have done the challenge for charities.
In a statement the ALS Association said it had “secured the blessing of the families who initiated the challenge”, before lodging the trademark applications.
“The Association did this as a good faith effort to protect the integrity of the Ice Bucket Challenge,” the Association said.
“We are intent on preventing for-profit companies from capitalising on this amazing, almost wholly grass-roots, and charitable campaign to raise money and awareness for the fight against ALS.”
The charity has collected more than $100 million in donations in the past month, and the charity says it’s mainly because of thousands of people pouring ice water on themselves.
This isn’t the first time someone has tried to file trademark applications. Two parties tried to trademark the slogan “Boston Strong” just two days after the Boston Marathon bombing last year.
The slogan went viral on Twitter, and was a rally cry at public events and on T-Shirts.
T-Shirt company Born Into It, and one Kerim Senkal of Massachusetts registered with the U.S. Patent and Trademark Office, seeking the right to use the slogan on clothes and accessories.
By the way…
Lawyers Weekly got an interesting e-mail from the Sydney office of US legal firm, Jones Day, about how a couple of its partners and some staff took part in the ice bucket challenge.
Folklaw loves it when lawyers do fun stuff, particularly for others.
When Folklaw went about its business of trying to chat to them about their chilling experience, the response was the US office no longer wanted to do the story.
Hmmm, who ever said the local outposts of global firms are run from foreign HQs?
Why the cold feet Jones Day?

Plant waters like coconut, maple grow into hot beverage market trend

Plant waters like coconut, maple grow into hot beverage market trend
First Published Sep 04 2014 10:46 am • Last Updated Sep 04 2014 10:46 am
Coconut water, maple water, even birch and cactus waters — a quick inventory of beverages in the produce section makes it clear: Plant waters are rising.
Soda and non-fresh juice sales are flat or slipping slightly, but plant-based products such as coconut water — along with other alternative beverages such as kombucha and tea-based drinks — are growing, particularly those sold alongside your fruits and veggies, according to data compiled by market research firm Nielsen.
 
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"The one area of the store where we are just seeing phenomenal growth is the produce department," says Sherry Frey, health and wellness expert for Nielsen.
Introduced several years ago, coconut water has been big for a while. Maple water is a newer entry and is essentially maple sap, the stuff that normally is boiled down to syrup.Brands include Vertical Water and SEVA. And that’s not the only tree water on the market. There are also birch water and, on the plant side, cactus, barley and artichoke waters.
Sales of all waters, including the new products, "fitness" and enhanced waters, as well as regular sparkling and still, grew 4 percent by value and nearly 7 percent by volume since July 2013.
Coconut water is not yet being tracked specifically, but totals for beverages in the produce department, which is where much coconut water is sold, showed double-digit growth. The value jump for all produce section beverages — which includes smoothies, fresh juices and teas as well as water — was nearly 13 percent.
Why the sudden thirst? Nutrition expert and registered dietitian Tina Ruggiero sees it as a trend driven by the beverage industry’s desire to find the next big thing, as well as consumers’ interest in finding natural alternatives to soda. "This natural beverage market just presents a tremendous opportunity," she says. "There is a fight to create the next best-selling natural water."
All of the brands promise unique nutrition benefits, but Ruggiero advises clients to read labels carefully, beware of the hype and watch for calorie content. Chocolate "healthy" waters may not be any better for you than some other sweetened drink.
Plant waters are fine for recreational athletes, i.e. people who exercise less than 90 minutes a day, says Ruggiero. On the other hand, you’re also fine with good old tap water — which is much, much cheaper — and maybe a banana and/or some salted pretzels.

Two Hot Fall Fashion Trends to Copy From Taylor Swift

Two Hot Fall Fashion Trends to Copy From Taylor Swift

Whether it's the way she carries her designer handbag or what she's wearing on a paparazzi-hounded walk through Manhattan—whatever Taylor Swift is rocking and how she's rocking it, we're interested. Sometimes it's a bedazzled onesie, other times, an affordable outfit from the high street, but we like the latter because that means we can buy it too.
taylor-swift-black-guess-top-mini-skirt-london
The pop star-slash-actress private-jetted over to London this week and was caught by the paps in this sassy little outfit, which incorporates two hot trends for fall: an off-the-shoulder cut on top and flounced hem on the mini. And while, on Taylor, the matched set looks like it's by some big-name (and expensive) designer, it's actually by Guess. The pairing is definitely perfect for a night out partying, but the "Shake It Off" singer made the outfit daytime-friendly by accessorizing with wide-strap sandals and a structured pink, ladylike top-handle tote by Prada. (And, yup, still carrying the bag that way. Man, she must have strong forearms.)
Check out Taylor's off-the-shoulder and flounced-hem mini outfit below, plus a few other similar options—yes, all from the high street.

“Gourmet sightseeing trains” are Japan's newest hot trend

“Gourmet sightseeing trains” are Japan's newest hot trend

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“Gourmet sightseeing trains” are Japan's newest hot trend
Image via The Yomiuri Shimbun
Aug 28, 2014
TOKYO, Japan - “Gourmet sightseeing trains” that run on local lines across the nation are a hot trend, allowing passengers to go sightseeing while dining on authentic dishes using locally produced ingredients.
As many of them operate only on weekends or limited schedules, seats are sometimes very difficult to reserve. The concept of dining leisurely while enjoying the scenery seen from a train window, which has broad appeal, has contributed to a recovery in the declining number of riders on local trains.
Shikoku Railway Co. began operating the Iyonada Monogatari sightseeing train on July 26. On weekends and national holidays, the train travels mainly around the coastal area of Ehime Prefecture. The two-car train with a capacity of 50 passengers was remodelled at a cost of about 150-million yen.
On its inaugural day, family passengers boarded the train at Matsuyama Station.
“This line hasn't been profitable, so I hope many people will ride the train and enjoy the splendid landscape along the railway track,” said JR Shikoku President Masafumi Izumi at the inauguration ceremony held at the station in the morning.
Dishes served on the train include a salad using locally grown lettuce and tomatoes, breaded fried uchiko pork featuring a local pork brand and red sea bream, which came from the nearby Seto Inland Sea, steamed in wine.
“I'm looking forward to trying the dishes made with local ingredients,” said Masako Yoneda, 50, a piano teacher in Yufu. “I like the train's old-fashioned decor, which uses plenty of wood.”
In May, Kitakinki Tango Railway Co. began operating the Tango Kuromatsu train, another gourmet sightseeing train that plies the 54-kilometre distance between Ama no Hashidate Station in Kyoto Prefecture and Toyooka Station in Hyogo Prefecture.
Passengers can dine on a salad of locally grown vegetables and roasted Kyoto beef, among other specialties. The ingredients are partially prepared at gourmet inns in the region and finished in the train's on-board kitchen.
Yukiko Saiga, 73, a homemaker in Yabu, took the train with three of her family members.
“I could tell that a lot of time and energy went into all the dishes. It's like an upscale restaurant,” she said. “The scenery you see out a train window is usually nothing special, but it seems like a different world to me now.”
The Kuromatsu train comes in three types — trains that specialise in lunches, sweets or locally brewed sake, which are offered mainly on weekends. Although the cost runs from 4 000 yen to 10 000 yen per passenger, including train fare, it is so popular that getting a reservation can be difficult.
Sightseeing trains for enjoying local delicacies are also diverse in their offerings.
Shinano Railway, which operates in Karuizawa, started operations of their Rokumon train in July, serving local specialty gourmet ham and wines made at wineries along the railway line.
Ohmi Railway Corp., which operates in eastern Shiga Prefecture, is running the Ohmi Biaden-Hoshizora Nama Biru Go (Ohmi beer train-starry sky draft beer) train until August 30. Passengers are served frozen beer.
The Tsudoi train operated by Kintetsu is equipped with seats facing windows. Ise ebi lobster soup and other local dishes are served at the counter on board.
East Japan Railway’s Tohoku Emotion train operates between Hachinohe Station in Aomori Prefecture and Kuji Station in Iwate Prefecture and provides a dessert buffet and a lunch menu featuring seafood caught off the Sanriku region.
Isumi Railway's Restaurant Kiha train operating in Chiba Prefecture serves Italian dishes, curry and rice and sashimi.
Showa Retoro Biru de Densha (Showa retro beer and train), operated by Keihan Electric Railway, travels in Shiga Prefecture and serves a bottomless mug of beer.
A Ressha de Iko (Take the A train), operated by Kyushu Railway, runs in Kumamoto Prefecture. Passengers are served highballs using locally grown dekopon citrus fruit to the sounds of jazz music.
According to the Land, Infrastructure, Transport and Tourism Ministry, of 91 companies operating local trains, including semiprivate companies, 69 were in the red in fiscal 2012. The poor results were attributed to a decrease of about 20 percent in ridership caused by a population decline outside of metropolitan areas compared to that of 20 years ago.
Meanwhile, Kitakinki Tango Railway attracted about 17 000 more passengers in fiscal 2013 by launching two types of sightseeing trains that have elaborately designed interiors.
“The total number of passengers last fiscal year fell slightly from the previous year,” said company president Kiyokazu Ueda. “So I hope it will increase this fiscal year with the popularity of gourmet sightseeing trains.”
Few trains operate on local railway lines, making it possible to run trains at slower speeds so passengers can enjoy leisurely dining. Many such routes are located in areas rich with nature, a boon for attracting tourists.
“Local railway lines have been shifting from a means of transportation to a sightseeing attraction,” said Yoko Hayano, a research fellow of Japan Tourism Marketing Co. “Gourmet sightseeing trains are a good way to get people interested in areas along the lines.”

Joan Rivers' New York medical clinic under investigation after her death

Joan Rivers' New York medical clinic under investigation after her death

Joan Rivers. (AP file photo
NEW YORK (ABC News) -- The clinic where Joan Rivers was undergoing a procedure prior to her hospitalization and death is now under investigation -- though wrongdoing is not suspected.

As of now, there is no suspicion of wrongdoing and the investigation is routine, a source briefed on the case told ABC News. The investigation was triggered automatically by a complication during a procedure at an outpatient clinic, the source added.
The New York State Health Department told ABC News that it has opened a "full investigation" into Yorkville Endoscopy Center in New York City to determine whether the clinic would be cited for violations.
Investigators have already visited the clinic.
There are certain types of incidents that must be reported to the state and the events surrounding Rivers' emergency was one of those, though health officials declined to elaborate what specifically triggered the investigation.
Yorkville Endoscopy was established in 2013 and was inspected by the State Health Department prior to opening. To date, there have been no complaints or violations regarding the facility.
A woman who answered the phone at the clinic told ABC News the clinic had no comment.
Rivers, 81, was taken to Mount Sinai Hospital in Manhattan on Aug. 28 after an emergency call reported she was in cardiac arrest at Yorkville Endoscopy.
Rivers had been unconscious and sedated since her arrival at Mount Sinai, but died Thursday.


Joan Rivers: My loyal, mad, generous, galactic friend

Joan Rivers: My loyal, mad, generous, galactic friend

Joan Rivers, who has died at the age of 81, made the world laugh for six decades. Kit Hesketh-Harvey, due to perform with the comedienne at the Royal Albert Hall next month, isn't ready to say goodbye

Joan Rivers: My loyal, mad, generous, galactic friend
Joan Rivers, the American comedienne, has died aged 81 from a heart attack during a routine throat operation Photo: GETTY IMAGES
Poor old girl. We honestly thought she’d pull through. She’d been fighting battles all her life, and won most of them. Now she’s lost the battle for hers. For more than a week, her exhausted daughter Melissa and her loyal PA Jocelyn Pickett had maintained a quiet courage and steadfast dignity, refusing to articulate the unthinkable.
The tour’s off. It was due to start next month: a dozen vast theatres, all the major cities of the UK, culminating, as usual, at the Royal Albert Hall. It had sold out quicker than you can say Kate Bush. It was to have been the sixth I’ve done with Joan Rivers, here and internationally, in the 15 years I’ve known her. She would introduce us as 'The Best Opening Act In Their Price Range’. Our first number? 'Good Heavens, I’d Assumed That She Was Dead...’ ("The woman must be in her upper 80s/The only Rivers older are the Nile and the Euphrates"). They were going to call this one 'Before They Close The Lid’, with a strap-line: 'Seriously, this could be it’.
She’s jumped the gun. This last week, while she lay unconscious on the life-support system, ABC and CNN were giving twice-daily bulletins. The internet was ablaze. I was praying. Hell, even Sharon Osborne was praying. Things went wrong when an operation to her vocal cords went awry. (And that brought to mind one of her funniest routines: answering the phone to a growling basso voice saying “Hello, Joan”. “Hi, Julie? Julie Andrews?” “How could you tell it was me?”) Not so funny now.
She’d joked with us about the "routine surgical procedure", mock-confessing that it was actually yet another pre-tour face-lift. For all her savaging of celebrity, she turned her most merciless barbs upon herself.
I did my first gig of hundreds with her at the Haymarket Theatre, London. It was in 2001, a few weeks after 9/11. I watched astounded from the wings as a ranting grandmother, half a century older than the smuggest "alternative" comedian, reduced the house to puddles with volley after volley of furious, jugular wit. Seventy-five minutes, non-stop. And then it did stop. She became quiet.
"No, it’s good that we can laugh," she murmured. "After what America has just been through."
The audience froze, obediently. She carried on. "I was there in New York that day. The day the Twin Towers came down. Three thousand people died." The silence was absolute. "That’s three thousand widows." A shake of her head. Angels passed.
"Each of whom got three million dollars..."
You could hear the knuckles whitening. Christ, I thought, she’s not going to go there, surely?
"And do you know, maybe two, maybe three of those widows weren’t so very unhappy?"
Rivers in 1966, and at the height of her fame in 2004 (Images by Getty/WireImage/REX)
Like a bomb it came: the biggest laugh of the evening, the biggest laugh I’ve ever heard. As she came offstage I passed her a towel. "Bloody hell, Joan, that was brave. No other comedian would dare go there."
Dripping with sweat, shaking with excitement and rage, she held my face. "But we have to, don’t you see? You do see that? I live in Manhattan, I’m Jewish, I’m a woman against all these stupid men. I’ve got to do it. Because unless somebody does, America will go mad. Unless we laugh, they’ve won!"
News raced around the world that Rivers was "doing 9/11 jokes". For a couple of years, work for her in her home country proved harder to come by. She was quite right: America did go mad. The same thing happened again recently, on this side of the Atlantic. Her remarks on Gaza, taken out of their blackly comedic context, threatened the tour. Demonstrations, we were warned, had been planned outside every theatre we were booked to play. A notably sententious Newcastle City Council threatened to pull the venue.
I was working on a new opener: 'She’s Old And She’s Confused’. But Joan knows what governments, terrorised by posturing baboons, have forgotten: that against fear, ridicule is the most powerful weapon we have.
Touring with Rivers was like travelling with Graham Greene’s ever more demented Aunt. Just half a dozen of us, in a bus built for 40, weeping with hilarity as we zig-zagged across the counties. Joan, swathed in glamour, trolley-dollied, or re-dubbed the ever-more-convoluted plotlines ofDownton Abbey which played permanently on the video.
Her energy was galactic. Every day had to have its memorable treat. In Melbourne it meant getting up at 4am to go and look at penguins on St Philip’s Island. She loved penguins, but even the penguins were asleep. Stonehenge was opened up especially for her. ("Nice," she remarked to the stones, "having something of my own generation to talk to.") In Manhattan, when we did our own modest season at Michael Feinstein’s cabaret club, she opened for us.
Joan Rivers performing on stage in one of her sold-out shows
To her inner circle she was kind to a fault, and loyal as a limpet. She was after all a Jewish Mom. She picked up the tab for every meal. One didn’t dare admire an object in a shop window: if one did, it would be delivered to one’s room.
We were put into the same hotels: Cliveden, the Balmoral, the Ritz, for which she, not the producer, privately paid. For this upcoming tour, the booking at one such had been thrown into doubt after its unexpected occupation by the exiled Thai royal family. Joan was planning, she told me, to growl excerpts from The King And I beneath her usurped bedroom window.
Her own enormous apartment off Park Avenue was actually a ballroom nicked by JP Morgan from a French chateau, furnished in flawless Louis Quinze and Aubusson, and festooned with photographs of the Prince of Wales. (The admiration was mutual.)
Yet she never forgot her tough early days, the dips in her own career which followed her husband’s suicide and her accountant’s embezzlement - the source of some of her fiercest humour. She retained a passion for free food. In the VIP lounge at Kuala Lumpur airport, our heads cracked together as we simultaneously lunged for the complimentary olives. Onto the plane we staggered, racked with laughter and holding bloodied handkerchiefs to our heads.
In Southend, in a futile effort to repay her generosity, we treated her to a Local Experience: fish and chips and a trip to Poundland. She adored Poundland and the Poundlanders adored her. She was never aloof, never remote from her public. Face to face with those who intercepted her getting into limousines, or with tear-stained nutcases at stage doors, she was attentive, compassionate, and considerably more patient with the selfies than Our Own Dear Queen. "Never forget," she rasped, "who is paying for all this."
On Wednesdays, when in Manhattan, she’d go to a scruffy comedy club on 23rd Street and do an hour. The door money went to charity. "Why, Joan?" I asked her. "You’re a prime-time TV star, you’re a multi-millionairess from your jewellery empire, you’re in the Hollywood Hall of Fame, you’re adored the planet over. You’re 81. Why don’t you just have a night off?" "Ah, but Kit, you know and I know, that in that hour’s stand-up, one new joke will come to you unprompted. And that’s the joke I take to Vegas. And if I don’t, it dies. And if it dies, then I die."
Rivers on the Graham Norton Show on BBC 1 (Image by Ian West/PA Wire)
For all her foul-mouthed tirades, she was very much the gentlewoman offstage. She liked Country Life, dogs, old pewter. Her deep Anglophilia was inculcated by her husband, a Rugby College alumnus. Maybe that’s why she favoured us, as (her words) her Paid Escorts.
She sought out antique shops everywhere we went: even in Canberra, where, let’s face it, antiques are scarce. She loved a stately home, particularly if it was not generally open to the public.
James McConnel, my cabaret partner, is well-connected. He could telephone battalions of grandees in decaying piles. On our last tour, Joan was lapping him up, and I was getting furious. Then (Peterborough to Southampton it was) I had a brainwave. I knew the chatelaine of Highclere Castle, the equally energetic Lady Carnarvon, from charity gigs. “Fi. Big favour. Lunch, for Joan Rivers. And not just lunch. The Full Downton. State dining-room. Footmen behind each chair. Carson and Mrs Patmore a-bobbing."
The only problem was that there was a local ladies’ fundraising party going around the house at the same time. “Don’t worry,” growled Joan. “I’ll lie low. I’ll remain incognito”. Incognito? Joan had perhaps the most distinctive face in show-business. We managed to keep the two parties apart until finally they colliided at the door to the Tutenkhamen exhibition in Highclere’s cellars. There was no escape.
“Look out ladies!” I yelled in mock horror. “One of the mummies has broken loose!” There were the howls of delighted recognition and disbelief to which we had become used. Joan was adorable to them, and the charity raised a great deal more than it would otherwise have done.
Rivers and Kit Hesketh-Harvey at Highclere (Image by Kit Hesketh-Harvey)
Always, always, there was laughter. Joan, seated after-show between Baz Luhrmann and Mick Jagger above Bondi, setting the table a-roar, as she nibbled her usual broccoli and Altoids. Joan, greeting a stadium full of young people howling for her as she judged a Dog Fancy Dress Competition. (The Boston Terrorist won). Joan, on the stage of the Royal Albert Hall as she was given a 10 minute standing ovation. "Old Woman Rivers/That Old Woman Rivers/She just keeps rolling along...."
She never said goodbye at the end of a tour: she couldn’t bear it. No emotion dared she display, because that warm-hearted lady felt it too much. Just a mock mwah-mwah, and then with a snap of her Manolo Blahniks, off to another airport gate, another gig.
I don’t want to say goodbye either. More than ever the world needs somebody to explode the towering vanities of Putin, of fundamentalists, and of the Kardashians.

1965: Indian Army invades W Pakistan

1965: Indian Army invades W Pakistan
Indian troops have invaded West Pakistan, crossing the border at three points in an attack which appears to be aimed mainly at the city of Lahore.
Authorities in Delhi say their action was intended to prevent a direct attack by Pakistani forces against India.
On 25 August, Pakistani soldiers launched a covert operation across the ceasefire line, established in 1949 after the first Indo-Pakistani war, into Indian-administered Jammu and Kashmir.
Since then there have been a number of clashes along the ceasefire line, but this is the first time Indian troops have crossed into West Pakistan in what is being seen as an act of war.
Air attacks
Since the first Indo-Pakistan war, both countries have continued to lay claim to the entire state of Kashmir. Currently Pakistan controls the smaller, northern sector of Azad Kashmir and the remaining area of Jammu and Kashmir, known commonly as Kashmir, is held by India.
Details of today's invasion are sketchy. There have been reports of the Indian Air Force in action, striking against military targets, including an oil tanker train, a group of military vehicles, a goods train carrying supplies, an army camp and some gun positions.
A spokesman for the Indian government said: "Our policy is that when Pakistan has bases from which it is mounting attacks on our territory we have to destroy those bases."
The Defence Minister Yashwantrao Chavan blamed recent attacks by Pakistani forces for the invasion.
Although there have been a number of air attacks against Indian installations in Punjab, these seem to have been mostly by single aircraft.
But Mr Chavan said: "It was quite apparent Pakistan's next move was to attack Punjab across the international frontier."
Reports from the Pakistani city of Karachi say forces have beaten back the Indian Army from Lahore.
They said advances at the border towns of Jasar, Wagah and Bedian had all been "fully stopped".
Pakistani officials say the number of Indian dead in the Lahore sector is 800, their own casualties are reported to be "very light".
The Pakistani President Ayub Khan has made an emergency broadcast to the nation saying, "We are at war".
He said the Indian attack was proof of the evil intentions which India had always harboured against Pakistan.
Reports from Delhi say Pakistani paratroopers have landed in the Punjab. Small groups have dropped in three places, Pathankot, Patiala and Ambala in an apparent attempt to damage military installations.
After three weeks of warfare both countries agreed to a UN-sponsored ceasefire.
In January 1966 they met at Tashkent and signed a declaration agreeing to resolve their dispute by peaceful means. They also agreed to withdraw to their pre-August positions.
It meant Pakistan retained control of the northern third of the state while India held the larger, southern and eastern section.
In 1972 the ceasefire line was renamed the Line of Control. Ever since this time most analysts believe India would accept the line to become the internationally-recognised boundary.
But Pakistan remains opposed to this idea as it would leave the predominantly Muslim Kashmir Valley as part of India. It also takes no account of Kashmiris who would like the whole state to be given its independence.
In 1989 armed resistance in Kashmir erupted against the Indian authorities. Pakistan supported the Kashmiri insurgents, leading to a further deterioration in relations between the two sides.
Throughout the early 1990s there were numerous uprisings against the Indian government.
In May 1999 the conflict reached a head again as India launched air strikes against Pakistani-backed Kashmiri militants.
Indian and Pakistani foreign ministers began a new series of talks in September 2004 aimed at resolving the Kashmiri dispute diplomatically.