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bobdylanrevisited · 3 years

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Highway 61 Revisited

Released: 30 August 1965

Rating: 10/10

My favourite album of all time. Released just five months after BIABH, this is another unforgettable record which defines the 1960s. Unlike the previous album, this one is almost entirely electric, minus the closing song, and it was clear that Bob couldn’t be further from his folk roots. This is, for me, the pinnacle of music and song writing, and whilst I consider many of his albums to be masterpieces, this is the one that truly makes him a god in my eyes. He would tour following this release, with so-called fans hatefully booing at the sight of a drum kit or an amplifier. This only confirmed to Dylan that he had to continue revolutionising his sound, and if these people didn’t like it then he must be doing something right.

1) Like A Rolling Stone - Judas! How dare he open with one of the greatest songs ever recorded. A needling, accusatory, schadenfreude attack of ‘Miss Lonely’, which relishes in a fall from grace. There’s been much speculation as to her identity, but it’s the refrain of ‘How does it feel?’ that will get under your skin and stay with you. The angry snarling of Dylan is both exhilarating and intense and it never gets old, the song sounds fresh every single time you hear it. Alongside the perfect lyrics, the crashing guitars and Al Kooper’s irregular organ chords give the track a uniquely jarring sound, and it’s breathtaking. It’s no wonder it’s often voted the greatest song ever made, and Dylan has enjoyed playing it live ever since, in many different styles. But nothing will ever top the Free Trade Hall 1966 performance, which is the greatest moment in musical history. If you haven’t heard it, go and listen to it immediately and prepare for your jaw to hit the floor. Oh, and don’t forget, play it fucking loud.

2) Tombstone Blues - Dylan parades historical and pop culture figures in this fast paced song, which has been analysed as being about the Vietnam War or the absurdity of the zeitgeist. Another track that has remained popular in live sets for decades, it’s a brilliantly worded piece that is both amusing and confusing. The screeching guitar solos from Mike Bloomfield are pure rock ‘n’ roll and elevate the song to another level, although the whole band are phenomenal throughout the album. It’s just another brilliant track that couldn’t be further from his earlier work, but cements Dylan as a rock star.

3) It Takes A Lot To Laugh, It Takes A Train To Cry - Although many quick tempo versions were rehearsed, this final recording was reworked by Dylan over a lunch break, because he’s a fucking genius. To create this beautiful song in under an hour is ridiculous, and it’s a lovely, bluesy tune which is less angry and cynical than many other songs on the album. The Newport Folk Festival 1965 version, which is hard to hear over the screams of those feeling betrayed, is great, but the Rolling Thunder Revue 1975 version is truly magnificent

4) From A Buick 6 - Whilst this is the weakest song on the album, it’s still an incredible blues track with some brilliant singing from Bob. The lyrics aren’t as deep as the other songs, it’s basically about a woman who gives Bob life and potentially will cause his death, but the instrumentation is fun and it sounds like everyone is having a blast playing it. It’s a great tune that is a fun couple of minutes and there’s nothing wrong with that.

5) Ballad Of A Thin Man - Poor Mr. Jones, probably Dylan’s most fully formed and completely repugnant character. This is my favourite track on the album and probably my favourite Dylan song (I know I say that about a lot of songs). It’s a brutal, depressing, bleak assassination of someone who has wronged Bob, with haunting piano that echos around the menacing words that send shivers down your spine. It’s most likely aimed at the reporters and the media who misunderstood Bob, or pretend to be cool and up to date with the culture, and here Bob unmasks them and publicly annihilates their fraudulent disguises. As with much of this album, it has remained in his live sets since release, but again no performance ever topped the Free Trade Hall 1966 one, the booing made Dylan’s words and delivery even more sinister and shocking.

6) Queen Jane Approximately - Another needling song in the same vein as ‘Like A Rolling Stone’, though this one is more sympathetic to the subject. However, it is once again a classic track which sounds absolutely beautiful. Potentially about Joan Baez, though Dylan claims it actually about a man, it’s a fantastic piece that is both mellow and devastating at the same time.

7) Highway 61 Revisited - The whistle on this song is iconic, as is the screamed refrain which is basically impossible to not shout at the top of your lungs with each listen. Biblical lyrics and dark imagery are contrasted by the upbeat tune, and it’s interesting that in reality, Highway 61 leads back to Dylan’s birth place, potentially making himself the true subject of the song. Another example of his advances in storytelling through references and metaphor, this is a deep and vivid song that Dylan still belts out on tour to this day.

8) Just Like Tom Thumb’s Blues - Despite being a brilliant song, which creates an atmosphere of tiredness and surrender, the story Dylan tells here is both fascinating and, not surprisingly, fantastically written. Starting in Juarez and returning to New York City, the protagonist must fight off women, booze, drugs, and the police on his journey, and it’s a riveting tale. As there is no chorus or refrain, this could easily be a Kerouac short story, but it really works as a track you can lose yourself to. You’ll be wrapped up in your own imagination of the events, described in an incredibly personal way by Bob, as if he’s telling you this story directly. I know I’ve mentioned this a lot, but the Free Trade Hall 1966 version sounds like it’s not of this world and should be mandatory listening.

9) Desolation Row - This is the true showcase of Bob’s skill with the english language, an 11 minute acoustic song, which is more like an epic poem of old. Again peppered with pop culture references, it was released during a period where 3 minute love songs were topping the charts, and shows how much Bob was challenging the notion of what music could be about, and really mastering it as a literary art form. It begins with infamous lynchings from Bob’s birthplace, before moving on to fairy tale characters, biblical figures, authors, poets, scientist, and the victims of the Titanic, to name but a few. The lyrics are so engrossing, and the delivery is almost hypnotic, that the 11 minutes feel like mere seconds, as he paints a tapestry in your mind that is exciting, vivid, and yet tinged with a bleakness as no one is happy in the song. It’s an incredible way to end the album, though you’d wish it went on forever.

Verdict: Obviously, I consider this the definition of perfection. For an album that largely focuses on sadness, feeling lost, anger, and cynicism, no other record makes me feel as joyous as this one. It’s the culmination of everything that came before it, from the dense verses of ‘A Hard Rain’s A-Gonna Fall’, to the audience rejection of ‘My Back Pages’, to the new sound on ‘Subterranean Homesick Blues’, and it comes together to create this perfect album. It’s unfathomable that a human created this, it seems more like a gift from the universe made especially for me, and I implore you to listen to it on repeat. Each time you’ll discover something new and your favourite song will change numerous times. Bob’s next outing would be of a similarly astonishing quality, and whilst he was touring the world to a chorus of jeers, he was about to record another album that would continue to push the boundaries of popular music.

#bob dylan #highway 61 revisited

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ostrichmonkey-games · 5 years

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RPG Highlights: Troika! Numinous Edition

Next up on the list is one of my current favorite games, Troika! Numinous Edition.

Quick Summary: Troika! is a science-fantasy, relatively “rules-lite”, random character creation-driven, wild ride of a game. d66 out of 10 stars. Play it.

Longer-Form What It Is: Troika! (the exclamation is important) is an excuse to go wild and explore a gonzo-weird science-fantasy, plane-hopping maelstrom of a game. I love it. I’m going to just quote the entire introduction, because it does some very heavy lifting in setting your expectations and welcoming you to the game.

“You are reading a tabletop role-playing game (RPG) in which one player takes the part of the games master (GM) and prepares the world and controls the people and peril in it while the other players create characters on a journey through that self same world.

You now have the context and key terms to explore the medium independently and nothing I say here can fully instruct you on what is a deep and rich form of entertainment on par with cinema or fly fishing. Treat it like you would any new hobby.

Beyond that what you have here is Troika!: a science-fantasy RPG in which players travel by eldritch portal and non-euclidean labyrinth and golden sailed barge between the uncountable crystal spheres strung delicately across the hump-backed sky.

What you encounter on those spheres and in those liminal places is anybody’s guess — I wouldn’t presume to tell you, though inside this book you will find people and artefacts from these worlds which will suggest the shape of things. The adventure and wonder is in the gaps; your game will be defined by the ways in which you fill them.”

Lovely.

At its core are a few pretty straightforward mechanics. You have some numbers established at character creation that you add to skill rolls to roll under that skill total with 2d6. So, if you have Skill 4 (base stat) and 5 Gambling (a skill) you need to roll under a 9 to succeed on a gambling check. In combat or in contests, each party involved rolls using the same procedure, but the win goes to the higher roller. Pretty straightforward.

There are some extra rules you can layer on top, as well as an explicitly stated expectation that you will be creating your own rules as you play. The “chassis” for Troika! just begs to be hacked, and it really does lend itself to that. Skills in particular make up a big part of this. The given skill list is limited, really on purpose, and you get to come up with more skills as you go.

Another part that makes Troika! unique is the initiative system. Instead of rolling for an initiative, you assemble a pool of tokens representing both players, enemies equal to initiative scores, and an “end of round” token. You then pull at random from that pool to see who goes or when the round ends. Its, admittedly odd, but it works surprisingly well and adds some randomness and tension to initiative orders.

The highlight of Troika! is undoubtedly the backgrounds. Backgrounds function like a class or playbook, they come with a set of starting possessions, skills, sometimes spells, and a short description. Skills and spells help define what your character can do, and offer all sorts of implied hints as to the “lore” of that background. But what does the most heavy lifting is that description. Individually they’re filled with potential hooks and stories, but if you read all the included backgrounds as a unit, it creates this wildly flavorful setting without having an actual setting section. It’s fantastic and more games should do the “implied setting” thing.

Some backgrounds you can pick from (or roll for) include;

Ardent Giant of Corda

Claviger

Gremlin Catcher

Journeyman of the Guild of Sharp Corners

Parchment Witch

Sorcerer of the Academy of Doors

Vengeful Child

Yeah. It’s great.

Quick tangent, but Troika! is also just a great design space to tool around in. You might recall I dabbled in some background making, if you want to get a sense for the flexibility that this system allows for.

Anyways, lastly, I would just like to wax poetically about the art in this book (you can see some examples in the image at the start). There are several artists in this book, and all of them do a real fucking good job. Poetic.

Final Verdict: You should 100% get Troika! Do it now. I’ll wait. If you ever wanted to experiment in systems outside of dnd (and you should do that, there are multitudes out there and chances are one will fit you better than dnd might), Troika! is a great place to start (or end, but really, go on a ttrpg journey. it’ll be fun).

You can pick up a pdf here, as well as check out the free SRD it has all the rules in it seriously. If you prefer dead tree versions, you can pick up a physical copy here. The quality of the hardcover is great, and it definitely feels sturdy and like it wont fall apart at the bindings like certain hardcovers of certain systems. Also, the pdf? Fully hyperlinked. Not even paizo does that for you.

#rpg highlights #play troika!!!!!!!!!!#troika rpg #expect some fitd stuff up next

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edh-a-to-z · 6 years

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17 - Anax and Cymede

LORE:

Go tell the Spartans. It’s time to abuse the Heroic mechanic.

Anax and Cymede are the King and Queen of Akroas, AKA Theros version of Sparta. Except with less slavery and more noble warrior stuff.

From here:

Anax is a burly man in his late 40s, once a follower of Iroas. In his later years he has turned to Purphoros as he steers his people through the creation of a small empire. This shift is reflected in the trend in art now seen from Akroan artisans. Swords and armor are now decorated. Pottery, clothing, wall paintings, and weaving show ancient Akroan patterns and symbolism handed down for generations. To his people, Anax is a great leader to be followed without question. To other poleis, he is known as a skilled tactician and heartless killer.

Cymede worships Keranos primarily. She is a skilled warrior but a more powerful seer. Having herself been struck by lightning and given a glimpse of the future, Cymede is seen by some as being partly responsible for her husband's effectiveness as king. Cymede is beginning to become aware of the power of godly creatures such as nymphs. She has seen abstract glimpses of their power and feels the gods are bestowing gifts on the faithful. Because of this, the cult of Keranos is gaining a foothold in the Kolophon. Cymede has even had a special temple built on a distant mountain summit where the storms are particularly severe. During the storm season, she visits there, meditating on a silver platform.

THE CARD:

Though it takes a bit jumping through a hoop, Anax and Cymede offer something rather rare in Boros colors - Trample.

The card is also pretty solid for a 3 drop - First Strike and Vigilance are great on a 3/2 three drop, and the aforementioned buff will be how we win.

BUILDS:

We want to abuse Anax and Cymede’s Heroic ability. For that, we need combat tricks, Auras that can be cast multiple times, and the ability to go wide. And we need them to stay alive.

Luckily, we’re in Boros colors. We have plenty of cheap and effective combat tricks and auras that we couldn’t use elsewhere. We’ll have plenty of tokens, and we’ll use an equipment fetching tech to keep out commander alive.

This deck is also super budget. The basic version can be done for under $100 (probably lower, but I’m not in the mood for math), and can be easily upgraded.

BATTLE PLAN:

We want things that work like Heroic (Anax and Cymede plus the best of the Heroic cards).

Then we want things that target - multi targeting cards with Strive, Enchantments that can bounce to hand and target again, anything to activate heroic. Then, we need to make use of A&C’s ability - we need to go wide. Lots and lots of tokens to throw at the enemy, that get buffed and have trample.

Akroan Crusader, by Johann Bodin

First we want Akroan Crusader, Akroan Conscriptor, Akroan Line-Breaker, Dawnbringer Charioteers, Fabled Hero, Favored Hoplite, Hero of Iroas, Leonin Iconoclast, Phalanx Leader, Tethmos High Priest, and Vanguard of Brimaz are all great Heroic choices (most of the remaining just have some +1/+1 counter syngery, which is a little underwhelming).

We also want Mirrorwing Dragon and Zada, Hedron Grinder. We cast battle tricks and buffs on them, and they copy it for the whole team.

EDIT: Whoops! Looks like I got that wrong, the copies Mirrorwing and Zada make won’t trigger Heroic for your whole team, as Heroic works on a casting trigger, not just being the target. They’re still amazing cards to play with since we’re running this many combat tricks, so try them out! Thanks for the catch, @imadrewid!

For spells we want two groups: reusable enchantments, and combat tricks that can target multiple creatures (alternatively, you can just do single targets with the desire to hit Anax and Cymede and nothing else).

I wish this card wasn’t 10 dollars. - R Angelic Destiny, by Jana Schirmer & Johannes Voss

Conviction, Crown of Flames, Flickering Ward, Ghitu Firebreathing, Mark of Fury, and Sun Clasp are all enchantments that can be cast more than once. They’re all super cheap, and if you have more money to burn, there’s Angelic Destiny and Eldrazi Conscription.

Next, we have the instants and sorceries. We want the best of the Strive cards, plus some fun combat tricks, preferably ones that replace themselves or hit multiple targets.

Ajani’s Presence, Desperate Stand, Launch the Fleet, Phalanx Formation, Rouse the Mob, and Twinflame are some of my favorite instants. Check here for some more ideas.

C’mon guys, we’re almost at Arbys! Launch the Fleet, by Karl Kopinski

Finally, we need an army. Any token generators, especially ones that make multiples or can do it repeatedly, are great choices. We already have Akroan Crusader and Vanguard of Brimaaz, and there’s Assemble the Legion, Hanweir Garrison (don’t forget Hanweir Battlements too!), Captain of the Watch, Hero of Bladehold, Monastery Mentor, and Sram’s Expertise. There are more, but these are my favorites.

THE REST:

If the deck has one weakness, it’s the Boros color’s aggro - weak draw. We can make up for this with a few cards.

We also want to protect Anax and Cymede - our deck is really designed around them not dying. So a basic equipment package is our go-to, so check this out here. Plus, anything that adds hexproof or indestructible are great choices. The Kaldra trio, Darksteel Plate, Mask of Avacyn, Swiftfoor Boots are great equipment.

On the enchantment side of things, try Shielded by Faith, Unquestioned Authority, Indestructible, Spirit Mantle, and Holy Mantle - a mix of Protection from Creatures and Indestructible works great on the battlefield. Add some enchantment tutors to speed things up.

“Alright peasants, this is a sword. Hold it like this” - Mentor Mentor of the Meek, by Jana Schirmer & Johannes Voss

We can draw with the White classic of Mentor of the Meek (given all the tokens we’ll be making). Plus Sram, Senior Artificer works great with our auras that jump around. Also to consider - Mesa Enchantress and Kore Spiritdancer for more draw.

There’s also spell doublers. Chandra, the Firebrand, Dual Casting, Primal Amulet/Wellspring do it on the cheap, and Dualcaster Mage, Fork, Reverberate, Howl of the Horde, Increasing Vengeace are more doublers, but need mana to fire off to make copies. Extra copies is extra heroic triggers. May or may not work with the deck.

There’s always classic Boros Legendaries like Aurelia, Blade of the Legion, Iroas, God of Victory, and Gisela, Blade of Goldnight. I just love having these guys around, and they work in any Boros deck.

WEAKNESSES:

Heavy reliance on the board state leaves us vulnerable to Board Wipes, and Boros colors has a hard time recurring that.

”SCREW YOU, STUPID SWORD!!!” - That guy, probably Disenchant, by Andrew Goldhawk

Defensive measures likes Propaganda or Silent Arbiter hurt our efforts. We need to bring White’s responses of Disenchant, Oblivion Ring effects, and Return to Dust. Plus any artifacts that can do they same are also good.

We can’t wipe the board easily. While Mass Calcify can be an option, the presence of red cards in our deck, plus White creatures potentially being in other players decks, makes this card less reliable than I like. Alternatively, you can run Avacyn, Angel of Hope, Thalia’s Lancers (to tutor her), plus as many Board wipes as you want.

Boros also lags behind in ramp, so add in the normal - Boros Signet/Cluestone/Keyrune are great, as are basic fetches of Evolving Wild and Terramorphic Expanse. Knight of the White Orchid is great, Land Tax, Solemn Simulacrum, Burnished Heart, Weathered Wayfarer all pricey, all great.

Knight of the White Orchid, by Mark Zug

RATINGS:

Control: 4/10

You don’t have a lot of options outside of White’s Hate creatures and Board wipes, but you can’t use the latter whenever you want since you’re married to the board.

With the exception of the Avacyn + board wipes, you’re relying almost 100% on the board, aside from whatever white single target removal you run.

Aggro: 9/10

This deck rewards aggressive behavior, and does it great. With evasion and team buffs, Anax and Cymede go for the throat. The cards I reccommend are heavily influenced by this idea.

Combo Potential: 7/10

Depends what you mean my combo. There’s lots of potential here without insane levels of power. The commander itself has combo synergy, but doesn’t break the game.

Overall Power: 4/10

While a decent choice for EDH, and great in Tiny Leaders, it’s a cEDH Tier 4 leader, and lags behind the pack in most respects. And Boros is the weakest EDH color pair.

Versatility: 6/10

There’s a lot of way to build it for a Boros deck. Not unlimited, but they’re there. Unfortunately they’re all limited to aggro versions.

Affordability: 10/10

This is one of the fiscally cheapest commanders I have covered. Easy manabase, easy mechanic to abuse, a lot of stuff at low rarities.

Overall Score: 40/60

A surprisingly respectable score. Anax and Cymede offer aggressive players a lot to work with, and a lot of room to work in. Plus, cards that work well with them are super-budget, or work excellent in other Boros aggro commander decks.

One of the 99: Decent

While it takes some buildaround to use Heroic, Anax and Cymede have a decent body for a creature, and can add a lot of value to an Aggro Boros build.

FINAL VERDICT:

While a little small, with some work, they make a solid workhorse of a Boros commander. While not a powerhouse, they can hold their own against a lot of decks.

That’s it for now campers! Stay tuned for Angus Mackenzie, Bant god of turbofog decks!

#mtg #edh #edhatoz #commander #theros #anax and cymede #atoz commander

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changingfacestt · 5 years

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The verdict!

This was by far my personal worse executed project I have done since attending SBCS with the best concept and that was all because of the following reasons.

1) I underestimated the fast pace of the entire event which limited the number of pictures I was able to take and the information I could get from the persons who were being photographed. I should have outsourced more photographers but I could not afford to pay for their ticket to attend the event. The one photographer I did outsource has issues with framing the photos which made many of his photos unusable.

2) The date for the cover page photo shoot was too close to the date of the submission. If it was done sooner, print trials could have been done and I would know that the prints would fail.

3) The photographer for the cover page shoot was very skilled however I should have used an outsider. The photographer was more concerned with the pictures for their own project that the pictures were rushed but acceptable.

4) The page design looked so amazing on the mac, every design looked amazing on the mac, and horrid on every other computer. This was so discouraging but is not a valid reason for not finishing the project.

5) Bad choice of background paired with a bad choice of paper. The printer that was used to print the final design messed up the quality of the pictures to the point that most were so badly done, they don’t look human. The design will be posted after so the true quality can be seen. I could not afford to have it professionally printed so I got a friend to print it which might now cost me a passing grade.

6) Not every DIY method is a good method. Self-binding was not the best idea but it got the job done for now,

7) Not only did the print run but it stained the hands of everyone who touches it so I had to place wipes on the table so the person can clean their hands after as an apology for this unforeseen outcome.

8) The magazine can be made better if a next submission is necessary, the design would be adjusted. The black background on every page would be removed. The picture borders would be changed to red or a red yellow gradient in colour to complement the flames on the cover page. The cover page would remain the same because it blends the background for the photo with that paper. The paper, however, will be changed to poster paper and then cut down to the desired size. The printer will be changed just in case it was at fault too.

9) I forgot to factor in the pages being printed on both sides meaning that the 20 pages I designed would now be cut down to 10 pages. I was supposed to design 40 to keep the page size at 20 once folded,

10) The paper was legal size however it was larger than the printer could handle and was not able to be printed border to border so it had to be trimmed.

11) I don't know if I stated this previously but changing the concept to only cosplay as opposed to cosplay and body art was a good idea. It may have resulted in less picture but it would have been a bigger workload on my part and it would take away from the cosplay aspect and I could not find anyone who did body art that I had access too but I did have a costume that I was working on and could be used for the cover. I believe it was a better option.

Overall the concept was great, it was something that should boost cosplayers confidence as well as promote those who may never get recognition. The page design was also nice and made the pictures look like posters which was the intention but not being able to print professionally and a bad choice in paper due to ignorance could probably cost me a shot at a distinction,

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yatharthmk · 4 years

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13 Secrets of Closing the Sales Who Must Get Others to Say Yes!

Zig Ziglar, he can definitely be regarded as the guru of sales training. According to me, just writing a blog on something that he has already done is amazing. He has the power to convince you to sell anything to a customer. All he asked you to do is believe in your product, question your product, and have the correct voice inflection.

‘Secrets of closing the sale’, this is surely one of his best books he has written. It is used most widely by many organizations. The people who have read the book know how it can drive you to sell anything you want.

Many people have listed down a few points from the book that really stand out. Even I have taken the leverage to do so;

Take a look at the few quotes or important points.

1. Asking Questions

If only you ask questions you will find answers. Which really makes sense. Question the product as to why it should be sold and to whom it should be sold. ‘By asking questions, there is no way you can get unhappy with me about the answers you give to those questions’.

Only when you have the answers to these questions, you will know whether it’s worth investing time and energy in selling the product.

For example, if your organization is in the process of manufacturing a new variety of mobile. You need to have questions like, what age group to target for the mobile?

What key features should be used to promote the product?

2. Five basic reasons for a customer to say NO

Firstly lets list down the five reasons; “no need, no money, no hurry, no desire, and no trust”.

This is something that even Zig Ziglar took seriously. At the end of the day, you have to know why a customer would even want to buy your product. A customer will have a million reasons to say no. In reply to that, you have to make the customer change his/her mind.

Customers are kings of the market. No matter what, you have to please the king first, to be successful in the market.

There are times when customers don’t need a product.

For e.g. a customer already owns a motor vehicle, which means he does need to buy a new one. Your company has launched the latest model of the same motor vehicle. Now you as a salesperson have to be able to convince the customer, to make an upgrade. Tell him about the new safety features, better mileage, more power, etc.

The same goes for the other four reasons as well. Like, if the customer tells you that he has no money, give him schemes. Schemes like, he can pay in installments.

If the customer says he is in no hurry to buy a product. Make him feel like he will regret missing out on your product. You can use the same for no desire as well.

In terms of trust, yes, customers do take this seriously. If a customer does not have trust in you or your product he will not buy your product. Therefore, the first thing that you need to do before introducing your product is to win your customer’s trust.

3. Buyer’s buying Psychology

‘People buy what they want when they want it more than they want the money it costs’. This is totally on how you can make a greater profit.

The most recent example of this would be the situation of onions in India. The price for onions had gone up to 120rs/kg. Which is more expensive than normal but that did not stop people from buying onions.

This will relate mostly to daily needs goods and luxurious goods. For example, if a rich man wants to buy a new house in another city, he will buy it at any cost. This is because he has the money and it is his need or wants to buy the house. So as a salesman, you need to take advantage of the situation and make the best of it, to get maximum profit.

5 Reasons to Invest in Corporate Training to Improve Soft Skills Faster

4. Be A Helper

For once try acting like a helper and not a salesman. Changing your own psychology as a salesman is always helpful as it will bring in new ways of selling. ‘You can get everything in life you want if you will just help enough other people get what they want’. As a salesman, your first priority is that you want your product to be sold.

So in Zig Ziglar’s words what he says is to be a helper and help your customer get what he wants. With this even you get your sale.

For example, if a customer walks into a store looking for some new cutlery, make sure to ask ‘what he needs’? Then try and be helpful and give the customer what he wants. So automatically you have sold a product and you became a helper in getting the customer what he wants.

5. Believe in what you do

It does not make sense of being a salesman if you don’t believe in yourself or the product. Every salesman needs to have the drive to be able to convince the customer. That is only possible if you have self-confidence.

‘You must believe in what you are doing, that you are interested in serving your client and that you do feel you are offering the best product or service at the best price which will do the most for your client and their needs’.

Let’s explain the quote with an example. Let’s say, you have been asked to sell an insurance policy to an electronics shop, that covers the damage of goods. It is very clear that the policy will surely benefit the shopkeeper. But why should your policy be the best for him is what you have to prove to him. This has to be done with full belief in your product and yourself.

6. Persuading prospect

‘The prospect is persuaded more by the depth of your conviction than he is by the height of your logic’.

Basically, the meaning of the quote is that the client is interested more in your final judgment. He does not believe in the logic you put behind to sell the product. It’s like when you watch a movie, all you are bothered about is what the climax will be.

For example, if I, as a customer, have come to buy a smartwatch. I would like to know what use can the watch be to me and how is it different from regular watches. Not listening to things like it will look good on me or it suits me well, those are all secondary thoughts.

One more thing to add to this is that always compare two products while selling something. Then all the customer is waiting for, is your verdict on which product is better.

7. The price

‘I am glad you are concerned about the price….because that’s one of our most attractive advantages. Would you agree that, as a practical matter, a product is worth what it can do for you and not what you have to pay for it? Our company has the choice between providing coaching as cheaply as possible and selling it as a get by service, or providing coaching that teaches you how to create long-lasting results, profits, and growth’.

Pricing plays an important role in sales. You as a salesman, need to acquire the power of convincing the customer about the price of the product. Price is something that he should not focus on but rather focus on the service it will provide.

For example, let’s say a taxi driver has come to buy a MUV. Now your top-notch MUV costs 6 lakhs INR ex-showroom. Which he finds a little expensive. So to convince him about the price, as a salesperson. You can tell him that, ‘if he pays 6 lakhs INR now, the business he makes with the help of the car will give him complete profit within two years’.

8. Believers are closers

‘Selling is essentially a transference of feeling….believers are closers…c stands for conviction’.

The best sales results come only when you feel for the product. Only then can you praise the product to its highest values. It’s the customers who you sell the products to. So only if you can put across your feelings about the product to the customer they will believe in the product. This helps you succeed in closing the deal.

For example, if I was asked to sell football t-shirts of Lionel Messi I would instantly look for football fans. Then make them connect with the product by telling them about how great Messi is. This will cause an emotional attachment to the product. Which will be helpful for me to close the deal.

Best 7 Reasons Why Corporate Training Program is Important For Corporate Companies

9. The salesman as a person

How you are as an individual plays a major role in your sales techniques. It also affects the customer’s buying psychology. If a customer finds a salesperson genuine and honest, it is sure that the customer will surely make a deal.

‘A calm, confident, positive, reassuring salesperson working from a base of honesty and integrity is the most effective tool to calm the fear of the prospect and get the sale’.

A customer needs to find some trust and connect before buying a product. The trust and connection can only be passed on by the salesperson. For e.g., “Why do people refuse to buy policies online”? -” Because they don’t feel safe right”. Yet, if they had to buy a policy on a face-to-face basis, they would feel more secure. With this, there is a 98% chance they would take the policy.

10. The use of reasons

Customers will always make reasons for not buying a product. But if you want to be a good salesperson, you need to learn the art of using reasons to sell your product.

‘Take the reason why he could not buy and use it as the reason why he must buy’.

What does the quote say? It says, ‘you need to make the customer believe that the reason he is giving for not buying the product is the actual reason he should buy the product’.

There is a day to day example of this situation. People often refuse to eat ice cream during winters. Saying they will get a cold or flu. As ice-cream sellers, you have to inform the customer that ice cream is a heat generator. Once it is in the body, it keeps the body warm.

11. Identify problems and find solutions

‘Move to the prospect’s side of the table, identify the problem, get involved in the solution, and your closing percentage will increase’.

‘All is only well in heaven and not on earth’. There can be problems every day and there can be a continuous patch of bad sales days. But, you cannot just sit and cry about your problems. If you want to succeed you need to find solutions to those problems.

For e.g, your company has held a flea market. You have been having a problem with giving clear information about your product. Which is causing a problem in closing your sale. You need to take a break, relax, boost yourself and practice well before you get back. This will surely increase the closing percentage.

12. Take suggestions but don’t make them final decisions

It’s definitely good to take suggestions from the world. Although, it becomes a problem when you start working only according to those suggestions.

‘Your business is never really good or bad out there. Your business is either good or bad right between your own two ears’.

According to Zig, you should always do what you think is right and correct. As then if at all something goes wrong, you know you can only blame yourself.

For e.g., if you are a tobacco seller and your close people tell you it’s a wrong business to do. You need to block your ears because if the government does not have an issue with tobacco then it is not the wrong business at all.

13. Self Image

‘Improve your self-image and you will improve your sales performance’.

Your self-image will affect the product you are selling. For e.g., If you think you are a serious kind of person, you cannot sell tickets to a stand-Up comedy show.

You need to identify first what your personality and traits are. Then improvise on them, to meet the requirements to sell a particular product.

An example of this would be a fashion designer. Most fashion designers wear the flashiest of clothes. Why?- So that people notice them. Which means that people will also check their line of brands.

That’s the most I have made off the book and put it across to you. Do give it a read and reflect on it. I am sure it will be of great help if you wish to improvise on closing sales. Also, you can tell me in the comments which of these pointers do you feel are most appropriate.

Source: https://www.yatharthmarketing.com/sales-closing-tips-zig-ziglar/

#Sales Closing #Sales Closing Tips

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footyplusau · 7 years

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Ranking the top 10 greatest rookie draftees

Dean Cox and Aaron Sandilands are among the best ever rookies

THERE has been debate in recent years about the relevance of the rookie list, but there can be no questioning some of the great players to have started their careers on it.

On Friday night, Western Bulldogs veteran Matthew Boyd – after a three-week exhile in the reserves – is set to run out for his 291st game, breaking West Coast ruckman Dean Cox’s record (290 games) for the most games by a player who started on the rookie list.

Here AFL.com.au ranks the best 10 graduates of the rookie list.

Don’t agree? You can have your say on history’s best rookie via the poll below.

1. Dean Cox (West Coast)

The West Coast ruckman was the best big man of his generation, in some ways reinventing the role and changing the impact expected of players his size. Cox came to the Eagles as a gangly and uncoordinated prospect but turned into a champion, leading the club’s brilliant midfield to its 2006 premiership. Cox became a high possession winner himself and was named an All Australian in six seasons, including four consecutively from 2005-08. He retired at the end of 2014 as the Eagles’ leading games holder (290 games).

2. Matt Priddis (West Coast)

Priddis became the first rookie to win the Brownlow Medal when he claimed football’s highest individual honour in 2014 in a surprise result. The consistent midfielder has built a career on finding the ball at stoppages and being a clearance expert. Now into his 12th season, Priddis remains a key cog in West Coast’s midfield unit and is averaging 26 disposals in 2017.

3. Josh Gibson (Hawthorn/North Melbourne)

The former Roo made a big decision to depart North Melbourne and join Hawthorn, but it paid off handsomely. Gibson’s importance to the Hawks’ historic three-straight premierships between 2013-15 was underlined by the defender winning two of the club’s best and fairest awards in the flag years. His capacity to zone off in defence and effect a spoil on forwards has made him a difficult opponent over a long period of time.

4. Stephen Milne (St Kilda)

Milne began his brilliant career on the Saints’ rookie list, having impressed previously when starring for Essendon’s 1999 reserves premiership. Milne went on to play 273 games and kick 574 goals for the Saints, the fifth-most goals on the club’s all-time list. The small forward was one of the best at his craft in the competition and an integral member of St Kilda’s successful era that came so close to clinching a flag.

Stephen Milne enjoyed an outstanding career. Picture: AFL Photos

5. Aaron Sandilands (Fremantle)

The Fremantle giant has been a dominant force in the ruck for 15 seasons, using his 211cm stature to palm the ball down to his midfield. Some injuries have hampered him in the latter stages of his career including his season-ending hamstring injury last week, but the two-time best and fairest winner and four-time All Australian has signed on to play again in 2018.

6. Matthew Boyd (Western Bulldogs)

Boyd’s longevity will be made clear this week when he breaks the all-time games record for a rookie, but the tough and determined Western Bulldog has been plenty more than that. A ball magnet at his peak, Boyd’s career was on the verge of collapse before Luke Beveridge took over as coach and reinvented him as a half-back, where he offered vital experience in last year’s premiership.

• The Chase: Can Boyd become footy’s most durable underdog?

7. Tadhg Kennelly (Sydney)

Sydney took a risk on the Irish-born Kennelly and he repaid them with a terrific career for the Swans over 10 years. Kennelly’s vibrant running, pace and brilliant foot skills were a key element of the club’s breakthrough premiership in 2005, when he played every game in the year. He retired at the end of 2011 as the League’s best international rookie.

Brett Kirk was a heart-and-soul player for the Bloods. Picture: AFL Photos

8. Brett Kirk (Sydney)

The heart and soul of Sydney’s 2005 premiership, Kirk grew to epitomise the club’s hard, tough and selfless culture. He played 241 games for the Swans after fighting his way onto the senior list, and was also named an All Australian in 2004. His CV includes two best and fairests as well.

9. Dale Morris (Western Bulldogs)

Morris was a hero of last year’s Bulldogs premiership win, playing in the Grand Final with two broken vertebrae. His tackle on Lance Franklin late in the game, which led to Tom Boyd’s sealing goal, will go down in finals folklore. Morris played 17 games in his debut 2005 season and never looked back to become one of the Dogs’ most reliable players.

10. Nick Maxwell (Collingwood)

From being lifted off the rookie list to lifting the premiership cup as Collingwood skipper, Maxwell’s career had a startling rise. The defender was never the prettiest player but helped reinvent the art of ‘dropping off’ in the backline and intercepting opposition forward forays. He captained the Pies for five seasons, including their 2010 flag triumph.

• More mid-season reviews and fans’ verdicts

• Your club’s mid-season player awards

The post Ranking the top 10 greatest rookie draftees appeared first on Footy Plus.

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ronlofland · 7 years

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Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP lawyers know about. This anxiety led me to put together the Sue-per Bowl Shuffle I and Sue-per Bowl Shuffle II: guides to trademark, copyright, patent and other intellectual property disputes concerning the NFL during 2014 and 2015 respectively.

We’ve got you covered again for 2016. NFL ratings may be down a bit, but intellectual property lawsuits related to the NFL most certainly are not, so there is a lot of ground to cover. As usual, we recommend that you laminate this article and put it next to the garlic-herb dip. If your guests have discussed the heck out of Deflategate but still can’t seem to get enough law-talk, just grab the article and start reading

The “Washington Football Team”

The WASHINGTON REDSKINS trademark continued to be the biggest IP football story in 2016. Native American groups have been complaining about the team’s name since the early 1970’s, and litigating it since at least the 1990’s. Amanda Blackhorse and other Native Americans argue that any registration of the name as a mark is invalid pursuant to Section 2(a) of the Lanham Act, which precludes registration of marks that “disparage . . . persons, living or dead.” Blackhorse convinced the TTAB and the Eastern District of Virginia that the team’s mark should be canceled and that Section 2(a) does not violate the First Amendment. Pro-Football, Inc. v. Blackhorse, 2015 U.S. Dist. LEXIS 90091 (E.D. Va. July 8, 2015). The “Washington football team,” as the squad has come to be called by those supporting a name change, appealed to the Fourth Circuit.

In the meantime, the similar matter of In re Tam (the case regarding whether the SLANTS trademark is disparaging) also has been winding its way through the federal courts. Before the Fourth Circuit could take up the WASHINGTON REDSKINS case, the Federal Circuit heard the SLANTS case and held that Section 2(a) did indeed violate the First Amendment. When the Supreme Court allowed a certiorari petition to review the SLANTS case, the Washington football team sought permission to skip its Fourth Circuit appeal and go straight to the Supreme Court so both cases could be decided together. The Supreme Court denied this request, so the Washington team had to sit on the sidelines during the January, 18 2017 oral argument in the SLANTS case.

A Gronking to Remember

In 2014, Lacey Noonan (a pseudonym for a guy named Greg McKenna) published A Gronking to Remember, an erotic fiction in which a young couple’s relationship is torn apart by a woman’s sexual obsession with New England Patriots tight end Rob Gronkowski and “the primal power of the Gronk spike.” The cover of the book featured a photograph of a young couple, with Gronkowski goofily looming in the background. The book claims to be only the first in a series of Gronk-inspired erotica, and somewhat charmingly advertises itself on Amazon.com thusly: “If you read two books about Rob Gronkowski this year, make the second one A Gronking to Remember.”

However, the actual Ohio couple that was depicted on the cover didn’t find anything about the book charming, because they hadn’t given permission for the image (which was from their wedding) to be used. The couple filed a complaint, alleging violation of their right of publicity, against the author and against the online retailers of the book, including Amazon.com. In March, the Southern District of Ohio denied the author’s motion for judgment on the pleadings, rejecting the author’s argument that the use of the image was not commercial in nature. Meanwhile, the online retail defendants moved for summary judgment on other grounds, claiming that they were shielded from liability under Section 230 of the Communications Decency Act. The Court sidestepped the issue of Section 230 immunity by holding that the online retailers were not “publishers” for purposes of Ohio right of publicity law, and granted summary judgment on that basis. In July, the Court certified an appeal by plaintiffs to the Sixth Circuit Court of Appeals, which will allow the couple to determine the potential liability of the online retailers before proceeding with their claims against the author. Roe v. Amazon, 170 F. Supp. 3d 1028 (S.D. Ohio 2016).

“The Case Against Olivia Munn”

Perhaps the ugliest dispute this year between a team and its fans stems from the website www.totalpackers.com, which was founded by a bunch of Green Bay Packers boosters in 2008. The site, which generates revenue through pop-up ads, offers news and commentary about the team and, over the years, has become well known among the “Packers family.” The site also includes a “Broads” section (later renamed “WAGs & Such”), which features photos of and commentary about the female companions of team members. These days, the “Broads” section appears to be primarily dedicated to Olivia Munn or, more specifically, obsessive hand-wringing over Olivia Munn’s alleged impact on the performance of her boyfriend, quarterback Aaron Rodgers (stories include: “The Dream is Over: The Case Against Olivia Munn” and “Have we mentioned that Olivia Munn is a horrible person?”).

In 2016, the Packers purportedly became fed up with the “Broads” section and, allegedly for that reason, initiated a UDRP arbitration to wrestle away the <http://ift.tt/2kk5Qhx; domain. The arbitration panel rejected the website’s laches argument (i.e., that the Packers waited too long to file the complaint), because the UDRP does not recognize such a defense. However, the panel found that the site, although commercial, offered actual news and commentary about the team, and this demonstrated a legitimate interest in the <http://ift.tt/2kk5Qhx; domain, thus precluding a finding of bad faith. The Packer’s complaint was denied: Let the puerile scapegoating of Olivia Munn continue! Green Bay Packers, Inc., v. McMahon, Case No. D2016-1455 (WIPO Oct. 21, 2016).

Madden NFL

Robin Antonick, a computer programmer and former college football player, created the underlying source code for the first version of the EA Sports Madden NFL game, released in 1988 for the Apple II. However, when EA Sports moved on from Apple II and introduced new versions of the game for the Sega and Nintendo platforms, it hired someone else to write the code. In 2011, Antonick filed suit against EA Sports, claiming that these new codes were copied from his original, in violation of a contract and copyright law. However, by this time, Antonick’s original source code no longer existed. So, in order to prove his case, Antonick recreated for the jury visual representations of the Apple II version of the game and, using expert testimony, worked backwards to establish what his original source code contained and to argue that the later EA Sports codes were substantially similar. The jury returned a verdict for Antonick, but the District Court nixed the jury’s verdict and granted EA Sports’ motion for judgment as a matter of law. In November, the Ninth Circuit affirmed. According to the Court, a jury can only determine that two works are substantially similar in “total concept and feel” if it has both works in front of it, and that wasn’t the case here because the Apple II source code was never in evidence. Antonick is seeking en banc review from the Ninth Circuit. Antonick v. Electronic Arts, Inc., Case No. 14-15298 (9th Cir. 2016).

The Right of Publicity

Meanwhile, EA Sports wrapped up a dispute with Cleveland Browns legend Jim Brown. EA Sports had sought permission to use Brown’s name and image for the “historic teams” feature of the game. Brown declined and EA Sports didn’t use his name, but allegedly nevertheless used his likeness, specifically by incorporating into the game “a virtual player on the historic 1965 Cleveland Browns team with a profile of characteristics substantively identical to those of Brown,” including his “approximate height, weight, age, home state, skin color, handedness, as well as relative skill level,” such that fans would easily recognize the character as a virtual depiction of Brown. EA Sports’ motion to strike was denied last year, and this year Brown settled for a reported $600,000, a sum that includes attorneys’ fees. Brown v. Electronic Arts, Inc., Case No. BC520019 (Los Angeles Superior Court).

A similar case brought by a group of former players who found themselves on Madden NFL “historic teams,” including former Cincinnati Bengals running back Tony Davis, is still alive in federal court. Last year, the Ninth Circuit held that the First Amendment did not bar right of publicity claims over realistic portrayals of former players in the game. EA Sports’ petition for certiorari to the Supreme Court was denied, sending the parties back to the Northern District of California to conduct discovery and fight over the propriety of class certification. Davis v. Electronic Arts, Inc.,Case No. 3:10-cv-03328 (Northern District of California).

A different right of publicity lawsuit involving former NFL players looks like it has finally come to an end. In 2009, a group of 23 retired players — led by actor and former LA Rams defensive end Fred Dryer – brought a putative class action against NFL Films, which creates various documentaries and other programs about the NFL. The suit alleged that NFL Films’ use of footage of games in which the class members appeared constituted a violation of their publicity rights under the laws of various states. After most of the class members settled, Dryer and a few others proceeded as individuals, but the District of Minnesota allowed the league’s motion for summary judgment. In February 2016, the Eighth Circuit affirmed, agreeing with the District Court that the NFL’s use of the game footage was not commercial speech, and in addition was protected by the “newsworthiness” and “consent” defenses applicable to common law right of publicity claims. The lower court dismissed the case with prejudice in December. Dryer v. National Football League, 814 F. 3d 938 (8th Cir. 2016).

The 12th Man and Other Unlicensed Uses

Texas A&M University’s 12TH MAN trademark is ninety-five years old but continues to be the subject of IP disputes. The school began using the mark in 1922, in commemoration of a student who voluntarily suited up on short notice to fill in during a football game against Centre College. The slogan later came to be used by both the Indianapolis Colts and the Seattle Seahawks as a gushing tribute to their fan bases. In February 2016, Texas A&M settled a trademark infringement action against the Colts. Texas A&M University v. Indianapolis Colts, Inc., Case No. 4:15-cv-03331 (S.D. Tex.). Meanwhile, the Seahawks have been using the mark under a series of agreements with the school, the latest of which involved a $140,000 payment for limited use in the Pacific Northwest during a five-year term. The Seahawks are reportedly attempting to transition away from the 12th MAN mark and towards other marks it has registered for its own use, such as 12, THE 12S and WE ARE 12. In June, the Seahawks moved to protect these marks by opposing a Washington company’s application to register 12 DYNASTY for sporting events and beer. That application was abandoned. Football Northwest LLC v. Creative Concepts, Opposition No. 91228332 (Trademark Trial & App. Bd.).

After serving time in prison on drug-related crimes, former Dallas Cowboys running back Sherman Williams decided to turn his life in a positive direction and co-founded The Palmer Williams Group, a non-profit youth athletic organization in his hometown of Prichard, Alabama, which includes a football team called the “Prichard Cowboys.” Whether or not the Dallas Cowboys mind that a bunch of kids are using the same name for a youth football team, they weren’t too thrilled about Palmer Williams’ recent application to the USPTO. The application sought to register the words PRICHARD COWBOYS, along with a stylized star logo very similar to the NFL team’s well-known sigil, for t-shirts and other apparel. The Dallas Cowboys opposed the Prichard Cowboys’ application. No doubt finding themselves somewhat overmatched, the Palmer Williams Group abandoned its attempt to register the mark. NFL Properties LLC v. The Palmer Williams Group, Opposition No. 91229911 (Trademark Trial & App. Bd.).

Many of this year’s NFL-related IP disputes arose from the actions of opportunistic and/or slightly overzealous fans. The Carolina Panthers successfully opposed a fan’s application to register the mark I GOT THE PANTHERS FEVER PANTHERS FEVER BABY for t-shirts. Panthers Football LLC v. Cunningham, Opposition No. 91230043 (Trademark Trial & App. Bd.). Meanwhile, a group of Buffalo Bills fans, calling themselves the Bills Mafia, applied to register a stylized logo with the word MAFIA superimposed on a buffalo. According to the application, the group intended to use the mark to sell merchandise featuring the logo (such as footballs and helmets) and then donate the proceeds to charity. The team opposed, and the fan group has since withdrawn the application. Buffalo Bills, LLC v. Buffalo FAMbase, Inc., Opposition No. 91225627 (Trademark Trial & App. Bd.).

The Oakland Raiders made some headlines this year by applying to register the LAS VEGAS RAIDERS mark, fueling speculation about the team’s move to Sin City. After another rumor had the team moving to San Antonio, a Raiders fan attempted to register the SAN ANTONIO RAIDERS mark, with the idea of using it as part of an attempt to block the team’s move. In June, the USPTO issued an office action refusing the mark on the ground that it suggests a false connection with the Raiders football team (and, of course, that suggestion was the whole point of the mark). The fan has not responded to the office action within the allotted time, and the application appears headed towards abandonment. The Oakland Raiders themselves have not yet opposed this or other SAN ANTONIO RAIDERS applications by fans, but they have opposed an application to register a logo (the phrase ONE NATION BC in a black and silver shield featuring a Grim Reaper caricature) for the service “non-profit fan club for Oakland Raiders fans.” After the Raiders filed its opposition, the applicant discharged its attorney and failed to respond, resulting in the issuance of a default on the grounds of “apparent loss of interest in this proceeding.” The Oakland Raiders v. Bre’haut, Opposition No. 91230143 (Trademark Trial & App. Bd.). M

And speaking team moves, just before we went to press on this article, the San Diego Chargers announced that they are planning to move to Los Angeles, and will start the 2017-2018 season as the Los Angeles Chargers. This was not entirely shocking since the team had applied for the LA CHARGERS mark the prior year. However, that application is in some jeopardy at the moment, because the L.A. Gear apparel company has opposed the LA CHARGERS mark on the grounds of likely confusion with its L.A. GEAR, L.A. GIRL and other “L.A.” marks. The apparel company has not opposed the team’s application to register the more cumbersome LOS ANGELES CHARGERS mark, which is just as good but probably harder to fit on a hat. L.A. Gear, Inc. v. Chargers Football Company, LLC, Opposition 91232118 (Trademark Trial & App. Bd.).

The Fifty-Six Foot Photo Bomb and Other Sponsorship Disputes

As part of its preparations for a new stadium in the Downtown East neighborhood of Minneapolis, the Minnesota Vikings entered into agreements with its would-be neighbors to prevent them from building giant rooftop signs intended to “photo bomb” the area around the facility, thus diminishing the value of stadium sponsorships and naming rights. One of those neighbors, Wells Fargo, was in the process of building large office towers right next door, and ended up installing a fifty-six-foot wide rooftop sign consisting of its name in eight-foot long illuminated letters, clearly visible in aerial photographs during stadium events. The Vikings, claiming that the sign violated the agreement and detracted from the “broader holistic stadium and district” image, filed suit in the District of Minnesota. In June, the Court agreed with the team and ordered that the signs be removed. Minnesota Vikings Football Stadium, LLC v. Wells Fargo Bank, N.A., 2016 U.S. Dist. LEXIS 82430 (D. Minn. June 23, 2016).

Meanwhile, the Kellogg company hit on the idea of registering the mark OFFICIAL SNACK OF FOOTBALL in connection with potato chips and cereal bars. This caught the attention of the Frito-Lay company, which is the actual “Official Salty Snack of the NFL,” and spent quite a bit of money to obtain that sponsorship. Frito-Lay therefore opposed Kellogg’s application, arguing that the Kellogg mark is deceptively misdescriptive because it gives the false impression that Kellogg also is an NFL sponsor. The matter has been suspended while the parties are engaged in settlement negotiations. PepsiCo, Inc. v. Kellogg North America Company, Opposition No. 91226866 (Trademark Trial & App. Bd.).

Super Bowl ads also continue to be a hotbed for intellectual property wrangling. Pepsi’s 2016 Super Bowl ad began with the close up of a jukebox, followed by the transcendent Janelle Monae dancing from room to room, each room encompassing the music and style of a different decade. This advertisement prompted a copyright infringement lawsuit from advertising agency Betty, Inc., which alleged that the ad was derived from a written proposal it pitched to Pepsi the previous year. That proposal included a “human jukebox” and a “hero character” moving from location to location within the jukebox, each location featuring the “Joy of Pepsi” jingle in a different musical genre. Pepsi has moved to dismiss, arguing that the only similarities between the works are not protected by copyright, such as the idea of a character dancing through various musical genres, and the scénes á faire necessary to depict each genre. The motion is pending. Betty, Inc. v. PepsiCo, Inc., Case No. 7:16-cv-04215 (S.D.N.Y.).

Hey, that was my idea!

In 2007, Everette Silas and Sherri Littleton shopped around their idea and screenplay for a program called Off Season, which told the story of a morally bankrupt NFL quarterback who owned a nightclub at which other players indulged in all sorts of nasty and illegal activity. Silas and Littleton met with HBO and with a group of producers, one of who shared the materials with actors Mark Wahlberg and Dwayne Johnson. Wahlberg and Johnson allegedly came close to signing an agreement to produce the show, but negotiations broke down over who would get the “Created By” credit. Several years later, HBO introduced the pilot episode of Ballers, starring Johnson and produced by Wahlberg, which tells the story of a retired NFL linebacker now working as a financial manager for young players. Silas and Littleton filed a copyright infringement action in the Central District of California against Johnson, Wahlberg and HBO, alleging that Ballers was derived from Off Season. The defendants moved to dismiss, arguing that Ballers simply is not similar to Off Season. The District Court agreed with the defendants. The two works were only similar in the most general ways. For example, Plaintiffs contended that both works “follow an African American football player who is essentially a business man who tried to monetize his friendships with other professional football players.” The Court found that, even if this was a protectable element (and not an unprotectable abstract idea), it was not an accurate characterization of the two works or their similarities. The Court came to similar conclusions with regard to the rest of Plaintiffs’ alleged similarities, including the assertions that both works included a player being interviewed by the press, another player dying, and the main character at some point bribing a police officer. The complaint was dismissed, and the Plaintiffs have appealed to the Ninth Circuit. Silas v. HBO, Inc., 2016 U.S. Dist. LEXIS 107944 (C.D. Cal. Aug. 17. 2016).

Attorney Nick Katsoris also alleges that his idea was stolen. Katsoris is the author of a series of children’s books featuring Loukoumi the Lamb, a substantial portion of the profits from which Katsoris donates to the Make-A-Wish foundation and other charities. In 2007, Katsoris launched a competition in which children were encouraged to draw a picture of the themselves with Loukoumi and complete the phrase: “I want to be a ________ because _____”. Katsoris later pitched the idea of turning this contest into a television program to various entities, including Nickelodeon. Nickelodeon didn’t want to work with Katsoris, but in 2016 did launch the program “I wanna be…” (later renamed “All in”) starring and executive produced by Carolina Panthers quarterback Cam Newton. Katsoris filed a complaint in the Southern District of New York, alleging that the program infringes both his copyrights and trademarks. Motions to dismiss are pending. Katsoris v. WME IMG, LLC, Case No. 1:16-cv-00135 (S.D.N.Y.).

Hastily Borrowed Photographs

Last year, New York Jets quarterback Geno Smith suffered a broken jaw during the pre-season when he was walloped during a locker room altercation. The following week, photographer Angel Chevrestt snapped some photos of Smith playing catch with a friend outside his apartment, and then licensed those photos to the New York Post, which printed them as the “exclusive” first photographs of Smith since his jaw surgery. CBS wanted in on the story, and reprinted the images without permission on a website and on screen during a game telecast. Chevrestt filed a copyright infringement complaint against CBS, alleging both infringement and improper removal of copyright management information (specifically, the gutter credit that had been included in the Post story). CBS initially indicated an intent to assert a fair use defense, but the matter settled this July. Chevrestt v. CBS Broadcasting, Inc., Case No. 1:16-cv-00523 (S.D.N.Y.).

Meanwhile, the Bleacher Report was so excited about the news that Patriots Tight End Rob Gronkowski was starring as a police officer in the upcoming film You Can’t Have It, that the popular sports website appears to have inadvertently published some production stills owned by BWP Media, a photographic services company and frequent copyright litigator. BWP Media filed a copyright infringement action in the Central District of California. The matter quickly settled, and Bleacher Report removed its article about the film. BWP Media USA v. Bleacher Report, Inc., Case No. 2:16-cv-00196 (C.D. Cal.).

Football Technology

FieldTurf USA (of Montreal) brought a patent infringement claim against rival UBU in the Northern District of Illinois. FieldTurf is the exclusive licensee of a patent for a particular synthetic turf product used by many NFL teams for their practice facilities. According to the complaint, the success of this product has led to many “me-too” infringers, including UBU’s “Speed Series” synthetic grass surface, which UBU has installed or is planning to install at facilities owned by the Arizona Cardinals, Chicago Bears and others. UBU fired back with counterclaims alleging invalidity and inequitable conduct. Specifically, UBU alleges that the inventor of the FieldTurf patent lied to the patent examiner about the dates the product was first offered for sale. The matter is pending. FieldTurf USA, Inc. v. UBU Sports, Inc., Case No. 1:16-cv-05572 (N.D. Ill.).

Meanwhile, Lynx Systems of Massachusetts has been pursuing claims in the District of Massachusetts for misappropriation of trade secrets. Lynx’s IsoLynx system, an alternative to GPS technology, involves ultra-wide band radiofrequency tags worn by players, which transmit tracking data back to a central location, thus providing analytics on things like how far and how fast a player traveled during a play or a game. Lynx alleges that, after the NFL expressed interest in the technology, California’s Zebra Enterprise Solutions tried to acquire Lynx. The complaint further alleged that, when the acquisition attempt failed, Zebra hatched a scheme to steal Lynx’s technology while pretending to partner with it under a non-disclosure agreement. Zebra went on to become the “official on-field player-tracking provider” to the NFL, allegedly using Lynx’s technology. This year, the Court denied Zebra’s motion to dismiss, holding that the claims were “plausible.” Lynx Sys. Developers, Inc. v. Zebra Enter. Solutions Corp., 2016 U.S. Dist. 37777 (D. Mass. March 23, 2016)

Helmet maker Xenith also found itself involved in a false advertising case after it created ads that proudly announced its helmet was the top performer (“#1”) in a recent NFL-sponsored lab test. Rival helmet maker Schutt Sports filed a complaint against Xenith in the Southern District of New York, alleging that Xenith’s claims to have been the top performer were false because there was no single top performer in the test; rather, both parties’ helmets were placed in a ten-member “top-performing group,” among which there was no statistically significant safety difference. The case settled shortly after it was filed. Kranos I.P. Corporation v. Xenith LLC, Case No. 1:16-cv-00837 (S.D.N.Y.)

Rounding out the football technology category is the long-running dispute involving sports memorabilia collector Eric Inselberg, whose 2014 state court complaint alleged that the New York Giants and several team employees falsely implicated him in a fraudulent memorabilia scam. Inselberg also alleged that the organization misappropriated his “innovative portfolio of media-related patents,” which apparently included a system for allowing “wireless audience participation” at live events (i.e., transmitting ads to the cellphones of stadium attendees). Inselberg’s complaint included claims for unjust enrichment and misappropriation, but the Giants argued that these were really patent infringement claims which belonged in federal court, and attempted to remove the action. However, the District Court held that the state law claims were not preempted and granted Inselberg’s motion to remand the case back to state court. Inselberg asked for attorneys’ fees in connection with the motion to remand, but the District Court refused. Earlier this year, the Third Circuit affirmed the denial of fees. Inselberg v. New York Football Giants, Inc., 2016 U.S. App. LEXIS 18156 (3d Cir. 2016).

Stop Wining

Winemaking has become a popular avocation for many celebrities, including professional athletes, and this year two successful former NFL vintners found themselves involved in trademark disputes. In May, the Salvatore Ferragamo fashion company filed a trademark infringement action in the Southern District of New York against former NFL quarterback Vince Ferragamo, who opened up the Ferragamo Winery in about 2010. The fashion company takes issue with the winery’s prominent use of the same name, especially since the fashion company actually registered the FERRAGAMO for wine back in 2006. A pre-motion letter filed by the winery’s attorneys alleged that, although the fashion company may have registered the mark for wine, it has never sold wine in the United States and has not demonstrated an intent to do so. The letter also argued that there was no personal jurisdiction in New York because the only sale made by the defendant into the jurisdiction was to the plaintiff, who allegedly purchased a bottle just to set up the lawsuit. The docket indicates that the parties have been engaged in settlement discussions. Ferragamo S.p.A. v. Ferragamo, Case No. 1:16-cv-03313 (S.D.N.Y.).

Meanwhile, former Philadelphia Eagles safety Terry Hoage and his Terry Hoage Vineyards is battling Chilean winery Viña Undurraga over the TH mark for wine. Last year, the TTAB canceled Viña Undurraga’s TH registration on the grounds that Hoage had priority rights. This year, Viña Undurraga sought to undo that decision by filing an action in the Central District of California. Hoage’s motion to dismiss was denied, and jury trial has been scheduled for June 2017. Viña Undurraga S.A. v. Serine Cannonau Vineyard, Inc., 2016 U.S. Dist. LEXIS 82141 (C.D. Cal. June 2, 2016)

Take it From Me

Two football legends have found themselves involved in recent false advertising lawsuits over dietary supplements. In one case, a group of consumers filed a putative class action lawsuit in the Northern District of California, asserting false advertising claims against the makers of Joint Juice, which allegedly was promoted as a remedy for joint pain and stiffness. Former San Francisco 49ers quarterback Joe Montana acts as a spokesperson for the product, and is featured in television advertisements in which he proclaims that, ever since his doctor told him about Joint Juice, he now drinks a botte every day because “the glucosamine and chondroitin lubricates and cushions the cartilage in my joints, so I can move more easily all day long.” The class action plaintiffs alleged that this and other advertising messages were false, because the product does not contain sufficient amounts of those ingredients to have any positive effect on joint health. In April 2016, the Court denied the defendant’s motion for summary judgment, holding that there were genuine disputed issues as to the state of the scientific evidence regarding these health claims. Mullins v. Premier Nutrition Corp., 178 F. Supp. 3d 867 (N.D. Cal. 2016).

In a twist on the typical class action claim, a group of plaintiffs in the Eastern District of California decided to sue not just the manufacturer of a dietary supplement, but the celebrity endorser as well, in this case former Washington quarterback Joe Theismann. According to the complaint, Theismann endorsed Super Beta Prostate, which is marketed as a treatment for the symptoms of benign prostate hyperplasia, but is actually an “elaborate hoax” perpetrated by a “convicted felon” passing himself off as a “research chemist.” In 2014, the Court dismissed the matter because the plaintiffs had all received refunds and therefore had no standing. This year, the Ninth Circuit reinstated the claims as to one of the plaintiffs, because he had received his refund after joining the lawsuit. The Court made it clear, however, that no claims by any plaintiffs were appropriate against Theismann, who was merely a spokesperson and thus not an appropriate defendant under California false advertising law. Luman v. Theismann, 647 Fed. Appx. 804 (9th Cir. 2016).

Valuable Nicknames

Retired San Diego Chargers Linebacker Shawne Merriman, and his company, Lights Out Holdings, are becoming frequent trademark litigators in the Southern District of California. LIGHTS OUT was Merriman’ nickname as a player, and now it’s his registered trademark for clothing. Last year, we reported on Merriman’s suit against Nike, which was using the same phrase to market an all-black line of apparel. Lights Out Holdings, LLC. v. Nike, Inc., Case No. 3:14-cv-00872 (S.D. Cal.). That case settled in February on undisclosed terms, but then Merriman’s company filed two more trademark infringement complaints in 2016. The first was against the Vermont Teddy Bear Company, which was selling “Lights Out” pajamas on pajamagram.com. Lights Out Holdings, LLC. v. The Vermont Teddy Bear Company, Inc., Case No. 3:14-cv-00813 (S.D. Cal.). That case settled quickly, and then Merriman filed another case against a Maryland company called “Lights Out Apparel,” which had just opened a new website specializing in clothing related to billiards, and had recently inked an endorsement deal with teenage billiards phenome Chezka Centeno of the Philippines. That case is still pending, although the Lights Out Apparel website had already been taken down when we checked. Lights Out Holdings, LLC. v. Lights Out Apparel, LLC, Case No. 3:16-cv-02195 (S.D. Cal.)

When recently retired Seattle Seahawk Marshawn Lynch sought to follow in Merriman’s merchandising footsteps by filing an application to register his nickname, BEAST MODE, as a trademark for sports drinks, it was only a matter of time before the litigious Monster Energy Company, owner of the UNLEASH THE BEAST mark for sports drinks, stepped in and filed an opposition to the application. Lynch initially fought back with an answer to the opposition, but in March the parties settled, and Lynch withdrew his application. Monster has not attacked Lynch’s applications to register BEAST MODE as a mark for other items, including headphones, apparel, sunglasses and watches. Lynch also tried to register BEAST MODE as a service mark for “conducting and participating in football games,” but that application was rejected in light of the already-registered BEASTMODE USA mark for a fitness company in Wyoming. Monster Energy Company v. Lynch, Opposition No. 91220172 (Trademark Trial & App. Bd.).

The nickname “Orange Crush” was popularized in the 1970’s and 1980’s by sports writer Woody Paige and others to describe the Denver Broncos’ stalwart defense. By contrast, Orange Crush soda has been around since about 1916 and is now owned by Dr. Pepper, which holds several marks related to the beverage, the first of which was registered in 1924. Last year, the Broncos finally got around to applying to register ORANGE CRUSH for sports events and apparel. Dr. Pepper opposed, alleging confusion with its long history of commercial use of the same mark. This history of commercial use by Dr. Pepper and its predecessors in interest apparently included a marketing campaign in the 1970’s in which several Broncos appeared on official Orange Crush soda cans. In August, the Broncos abandoned the application. Dr. Pepper/Seven Up, Inc. v. PDB Sports, Ltd., Opposition No. 91228229 (Trademark Trial & App. Bd.).

Since retiring from the NFL in 2007, former New Orleans Saints offensive lineman LeCharles Bentley has been offering athletic training services under the O-LINE brand in association with an “LB” logo. In January 2016, Bentley brought a trademark infringement action against the maker of The Biggest Loser reality show, arguing that the program’s logo infringed his LB logo (both depict the letter “B,” the lower left corner of which also serves as an “L”). In September, the Court dismissed Bentley’s trademark dilution claim because he had failed to allege sufficient facts demonstrating that his mark was famous. A separate motion to dismiss the remaining claims, including for trademark infringement, is pending. Bentley v. NBC Universal, LLC (C.D. Cal. Sept. 28, 2016).

Psst . . . Wanna Buy a Super Bowl Ticket?

Each year, “large-scale, professional counterfeiters” of tickets and merchandise descend on the Super Bowl to make some extra cash. Days before last year’s Super Bowl L in Santa Clara, California, the NFL filed a preemptive trademark lawsuit against “Does 1 through 100,” unnamed counterfeiters the NFL suspected were on their way to the city to sell fake stuff. On February 2, 2016, days before the event, the Northern District of California issued a temporary restraining order against the manufacture or sale of counterfeit items, and further authorized the Department of Homeland Security to seize any offending goods it located. The NFL’s private investigators located 82 instances of counterfeit apparel and tickets at the game itself and, after the event was over, the NFL amended the complaint to add the names of the actual alleged counterfeiters who had been caught. The named defendants defaulted and, in May, the Court granted the NFL’s motion for a default judgment. The Court’s final order allows the NFL to dispose of the offending items, including by donating any counterfeit apparel to international charities. NFL Properties, LLC v. Humphries, 2016 U.S. Dist. LEXIS 61273 (N.D. Cal. May 6, 2016).

Previous Sue-per Bowl Shuffle articles are available at the links below:

Sue-per Bowl Shuffle I (January, 2015)

Sue-per Bowl Shuffle II (February, 2016)

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