We all know retail is hell we’re just not quite sure it has ever been so eloquently stated as it is here in this Mollusk Minute.
[Link: Mollusk via The Vans Blog]
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When former Quiksilver retail store employee Lynn Adams filed a wrongful termination suit against her former employer Quiksilver filed a motion claiming that when Adams was hired she signed a electronic arbitration agreement and waived her rights to a jury trial. The court granted the motion, according to an opinion released February 22, 2010 on Leagle.com.
Adams then filed a “petition for extraordinary relief” with the Court of Appeals of California, Fourth Appellate District, Division Three saying she “never agreed to arbitrate claims against Quiksilver and she never signed the electronic document containing the arbitration clause” and the court agreed with her.
Adams contends there is no substantial evidence to support the trial court’s finding that she entered into an agreement to arbitrate her claims against Quiksilver. She argues there is no evidence she typed in the electronic signature and, even if she did, there is no evidence she actually agreed to arbitrate. We agree.
Guess that means Adams can continue on with her legal action and Quik has one more appellate reversal and Adams legal costs to pay.
[Link: Leagle.com]
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| The Colbert Report | Mon – Thurs 11:30pm / 10:30c | |||
| Shaun White | ||||
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Shaun White’s comfortable, witty appearance actually makes it worth watching Stephen Colbert for more than three minutes. No joke, Shaun is that good. To watch the entire Colbert Report episode, click the link.
[Link: Hulu.com]
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Last night, on an otherwise terrible night of NBC Olympic coverage, the network aired an amazingly heart-felt feature on Kevin Pearce, his accident, his family, and his near miraculous recovery process. The piece shows how important family is in the rehabilitation of tramatic brain injury patients and how well Kevin is responding.
If you watch nothing else today, watch this clip.
[Link: NBCOlympics]
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Maui’s Ho’okipa Beach Park was closed for two hours yesterday after a 12-foot-long Tiger shark was spotted about 150 yards from the break according to a story in the Honolulu Advertiser.
Ho’okipa, a popular surfing spot, was closed from 11:30 a.m. to 1:30 p.m. for one mile both north and south of the surfing reef. . . The beach park remained open. . . Warning signs were posted in the area, and no injuries were reported.
Wonder if it was the same one Mark Healey spotted earlier this month?
[Link: Honolulu Advertiser]
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Last week Kymsta Corp., announced that they had won the latest and what they hoped would be the final round in their trademark dispute with Quiksilver over their Roxywear line of junior’s clothing. An appelate court overturned a previous judgement that required Kymstra to cease production on Roxywear and allowed Kymstra to begin producing their brand again.
Yesterday, Quiksilver released a press release claiming they had won the most recent round saying that their recently overturned ruling what actually what they were hoping for all along. Bob McKnight explains:
“From the beginning we had proposed a co-existence agreement that offered Kymsta the ability to retain their then-current use of the ‘Roxywear’ name. It’s unfortunate that Kymsta has caused each of us to expend significant time and financial resources to arrive at a conclusion that is more restrictive on Kymsta than the original offer we made to them nearly ten years ago. Nevertheless, we are pleased to have had an opportunity to successfully defend our corporate reputation and principles and to receive the court’s validation of our ‘Roxy’ trademark rights. We also thank the jury and the court for their hard work and feel totally vindicated with an outcome that significantly restricts Kymsta’s use of the ‘Roxywear’ name and thus serves to prevent any future confusion with our ‘Roxy’ trademark, and that appropriately holds Kymsta responsible for our court costs.”
Let’s review: Quik sued Roxywear in 2002 to try to stop them from making Roxywear clothing. Quik was given a judgement. That judgement was overturned when an appeals court said the matter should have been decided by a jury. A trial was held and Kymstra was again found to be infringing on Quik’s trademark and was asked to stop producing Roxywear. Kymstra appealed that decision and it was overturned again allowing them to produce Roxywear in a limited fashion.
If both sides are claiming victory it sounds like a win-win. We’re kind of surprised that the lawyers didn’t send out a press release claiming victory because it would appear they are the real winners.
Follow the jump for the entire release.
[click to continue…]
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Ed Templeton’s The Seconds Pass opens at the Roberts & Tilton Gallery in Los Angeles on Friday, February 26th at 6PM. The showing is an extension of Ed’s soon-to-be released book by the same name.
Roberts & Tilton, 5801 Washington Blvd, Culver City, CA 90232
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On Thursday, Febraury 25, 2010 Ozzie Wright kicks off his two week show Frankenstien’s Dream in Brisbane, Australia’s Fortitude Valley at Nine Lives at 6 PM.
Nine Lives, 694A Ann Street, Fortitude Valley.
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Tonight at 9:10 PM PT/ET on NBC television, Kevin Pearce’s parents, Pia and Simon, will sit with Tom Brokaw to discuss Kevin’s current rehabilitation and recovery in Craig Hospital in Englewood, Colorado. Tune in for the latest update.
[Link: Well Wishes For Our Frend Kevin Pearce]
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For snowboard collectors there may be nothing more valuable than one of the original Wicklund “bunker” boards. The board, patented in 1939, featured leather straps and a nose cord. Don Burgeson, 67, the son of one of the board’s creator’s tells the the Daily Herald that he’s had one of them around for years.
Gunnar worked with his uncle’s Albin Carlson & Co. construction company, raised his family in Oak Park [Illinois{ and stuck his snowboard invention in the closet. “We just had it and used it,” remembers Don Burgeson, who turns 67 on Wednesday and is retired from the family construction business he sold in 2004. “We just thought, ‘Here’s this thing we had.'”
The authenticity of this footage has been discussed and argued in snowboarding circles since if first surfaced in the Burton Booth at the 2000 SIA Show. And yes, it still looks too modern to be shot in the 30s. . .
[Link: Daily Herald]
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