316 THE ADVOCATE
VOL. 77 PART 2 MARCH 2019
(“once upon a time, in a place now known as Montana, dinosaurs roamed
the land. On a fateful day, some 66 million years ago, two such creatures, a
22-foot-long theropod and a 28-foot-long ceratopsian, engaged in mortal
combat. While history has not recorded the circumstances surrounding this
encounter, the remnants of these Cretaceous species, interlocked in combat,
became entombed under a pile of sandstone”: Murray v. BEJ Minerals,
LLC (9th Cir., 2018)).
Seema Lal was reappointed as a public member to the board of the College
of Denturists of British Columbia for a term ending December 31, 2020.
The website Gizmodo recently reported on the perils of fitness wrist pieces,
in this particular instance a Garmin Forerunner—a GPS-linked fitness
watch. In addition to being an avid runner, Mark “Iceman” Fellows was also
apparently a hitman. Recently convicted in the U.K. of two murders, it
appears Mr. Fellows was tied to the crimes largely by the GPS data obtained
from his watch.
The United States Court of Appeals for the Fifth Circuit noted that Barney
is “a six-foot tall purple ‘tyrannosaurus rex’” who “entertains and educates
young children. His awkward and lovable behavior, good-natured disposition,
and renditions of songs like ‘I love you, you love me,’ have warmed the
hearts and captured the imaginations of children across the United States”:
Lyons Partnership v. Giannoulas, Doing Business as Famous Chicken, 179 F.3d
384 (1999). Lyons Partnership, which owned the rights to Barney, sued the
creator of “a sports mascot—The Famous Chicken (‘the Chicken’)—because
the Chicken had incorporated a Barney look-alike in its act”. Lyons Partnership
claimed trademark infringement among other grievances. The court
noted that Lyons Partnership had “regaled” it with stories of children horrified
by the spectacle of the Chicken seemingly assaulting Barney (“in one
poignant account related by Lyons, a parent describes how the spectacle
brought his two-year-old child to tears. In fact, we are told, only after several
days of solace was the child able to relate the horror of what she had
observed in her own words—‘Chicken step on Barney’—without crying”).
The Court of Appeals nonetheless affirmed the District Court’s dismissal of
Lyons’ claims, noting that the Chicken (who apparently claimed to be presenting
“a sophisticated critique of society’s acceptance of this ubiquitous
and insipid creature Barney”) was engaged in parody.
Robert J. Kiesman was reappointed as a voting member to the Provincial
Health Services Authority and the British Columbia Emergency Health
Services for a term ending December 31, 2020.