Source: http://www.thehollywoodgossip.com/2013/01/cats-kill-billions-of-animals-study-finds/
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Wednesday, January 30, 2013
Tuesday, January 29, 2013
Military suicides show signs of spreading in families
Erin Trieb for NBC News
Monica Velez, pictured in Austin, Texas, had two brothers, Jose "Freddy" Velez and Andrew Velez, both of whom served the U.S. military and both are now dead -- Freddy was killed in action in Iraq, and Andrew took his own life.
By Bill Briggs, NBC News contributor
Before Army Spc. Andrew Velez left Texas for the final time, he asked his fragile sister to write him a promise ? a vow he could carry with him to Afghanistan.
Monica Velez knew she owed him that much. In the horrid weeks after each had lost their beloved brother, Freddy Velez, to enemy fire in Iraq, Monica tried to end her life with pills and alcohol. Now, she put pen to paper: ?I will not hurt myself. I will not do anything crazy. I know that Andrew loves me. I know that Freddy loved me.? Andrew folded her note and slipped it into his pocket.
?Don?t break your word to me,? he told her before heading back to war.
Seven months later, Andrew, 22, sat alone in an Army office at a base in Afghanistan. He put a gun to his head and committed suicide. Back in Texas, word reached Monica Velez who, once again, found herself in a dangerous place. Only now, she was alone. Days of alcohol and anti-depressants. Nights of dark thoughts: ?It would just be better if I was gone.?
'The storm' is coming
As the U.S. military suicide rate soared to record heights?during 2012, the families of service members say they, too, are witnessing a silent wave of self-harm occurring within their civilian ranks: spouses, children, parents and siblings.?
Some suicides and suicide attempts ? like those that ravaged the Velez family???are spurred by combat losses.
Others?may be?triggered by exhaustion and despair: As some veterans return debilitated by anxiety, many spouses realize it's now up to them???and will be for decades???to hold the family together.
Specific figures are lacking as no agency tracks civilian suicides within military families.
However, Kristina Kaufmann, a long-time Army wife, knows of three other Army wives, all friends, who took their lives in recent years.
Courtesy Kristina Kaufmann
"When you know that you are the anchor ? and if you go down, the family's going down ? the problem is that you can only do that for so long," said Kristina Kaufmann.
One was Faye Vick, described by Kaufmann as ?the perfect picture of an Army wife???pretty, nice, always with a smile.? Vick and her family lived around the corner from Kaufmann and near Fort Bragg, N.C. In 2006, when Kaufmann?s husband was in Afghanistan and Vick?s husband was deployed overseas, the 39-year-old mother placed herself, her infant and her 2-year-old son in a car inside a closed garage and started the engine, asphyxiating all three with carbon monoxide, according to Kaufmann and to local news reports at the time.
?And I know of too many others through the grapevine,? said Kaufmann, executive director of Code of Support, an Alexandria, Va.-based nonprofit that seeks to bridge the gap between civilians and military America.
?When you know that you are the anchor???and if you go down, the family?s going down???the problem is that you can only do that for so long,? said Kaufmann. ?That population (of spouses) is at the most risk. Because the storm is going to happen when everybody comes home. That?s where we are, unfortunately, going to see an uptick in lots of negative outcomes, including suicide, including suicide among the spouses.?
On Jan. 14, Department of Defense officials acknowledged that during 2012, service members committed suicide at a record pace as more than 349 people took their own lives across the four branches.?The military suicide rate is slightly lower than that of the general public. However, one active-duty member died by suicide every 25 hours last year.?
The Army sustained the heaviest branch toll at 182 suicides, which ??as NBC News reported Jan. 3?? meant that soldier suicides outpaced combat deaths for the first time, according to Pentagon officials.
Defense Secretary Leon Panetta informed Congress last July that American armed forces are in the grip of a suicide "epidemic."?
One of the darkest undercurrents of the glaring statistics is that one suicide in a family boosts future suicide risks for everyone else inside the home.?They can be contagious, say experts like Dr. Barbara Van Dahlen, a psychologist in the Washington, D.C., area and the founder of Give an Hour, which develops networks of mental-health volunteers who respond to both acute and chronic situations.
Numerous researchers have explored the so-called contagion effect of suicides within families and ?there?s no question the data supports there?s at least a doubling of risk,? among surviving family members, said Dr. Alan L. Berman, Ph.D., executive director of the American Association of Suicidology. The organization strives to better understand and prevent suicide.
?It?s understood that risk, in part, is biological,"?Berman said, given that disorders like depression have a genetic component.?
?But it?s also based on social modeling behavior: The suicide of a parent presents a model (for children in that family) of how to deal with problems, and that?s no less true for a spouse.?
Added Van Dahlen: "The closer that family member is to you, the greater risk you?re at. We believe, psychologically, it opens the possibility and ends a taboo."
?The thousands of service members who have killed themselves,? she added, ?they leave in their wake thousands of family members who are now at risk for that same kind of decision."
'I completely lost myself'
The cascade of Velez family tragedies began with pure valor.
On Nov. 13, 2004, Army Cpl. Jose ?Freddy? Velez, 23, sprayed bullets at insurgent forces???covering fire to allow other U.S. soldiers time to retreat from an enemy strong point in Fallujah, Iraq. After his ammo ran dry, Freddy Velez was shot and killed. The Army awarded him the Bronze Star and Silver Star.
Courtesy Monica Velez
"There are days I'm still overwhelmed. And if I sit and think about it, I feel like I wouldn't have to live through all this pain if I just let myself go," said Monica Velez, who shared family photos of brothers Freddy and Andrew.
Andrew, then serving with another unit in Iraq, told Monica of escorting his brother?s body home to Lubbock, Texas ? a job, he said, that required unzipping his brother?s body bag at every stop to re-verify Freddy?s identity.
During the trip, Andrew called his sister repeatedly while en route home and screamed into the phone for nearly two consecutive hours, ?like somebody was killing him,? she said.
?There was nothing I could do,? Monica Velez recalled. ?The operator kept cutting in (to request additional payment for the call) and I just said, ?Add it to my credit card.? He just wailed. That travel home, I think is what eventually broke him.?
Weeks later, Monica broke.
She doesn?t know how close she came to death the first time she tried to end her life. She never was told how slow her pulse became that night. She just remembers regaining consciousness at a hospital in Killeen, Texas???home to Fort Hood, where Freddy was based. She awoke with an IV plugged into her arm. A doctor handed her a list of local psychiatrists then discharged her.
Velez tried, she said, to seek help for her deepening depression but was told that her health insurance would not cover counseling.
Her grief was rooted in a difficult childhood, she said, that forged "tighter than tight" emotional bonds between Velez and her two brothers, turning the siblings into a mutual support group.
?When Freddy passed away, I went through a really hard depression,? she said. ?I went to the emergency room for anxiety attacks. I couldn?t breathe. But nobody knew how to deal with me so they just gave me Ativan (an anti-anxiety drug) and Hydrocodone (a pain killer).
?I started drinking heavily and taking the prescriptions. And one day, I just felt it would be better off if I wasn?t around and decided to take all of the pills. Grief can bring you to that breaking moment.?
Soon after, in February 2005, Andrew sent his older sister (then 25) an email: ?We need to be stronger. We need to protect each other.?
Though he was the youngest of the siblings, Andrew always was ?the strong one,? his sister said. ?But he and Freddy were inseparable.? Near the end of 2005, Andrew told his sister he was redeploying to Afghanistan because, she said, ?I think he felt closer to Freddy there.?
From March through July of 2006, the two swapped calls and emails. In Afghanistan, Andrew grew increasingly despondent, she said, over the unraveling of his marriage and family in Lubbock. He had three children. But he worried, too, about his sister?s state of mind.
?We could both hear it in each other?s voices. He was scared I was going to do something. I was scared he was going to do something.?
He did. Andrew?s suicide on July 25, 2006, drove Monica, at first, into 20-hour workdays at a domestic violence shelter. She wasn?t sleeping or eating. Eventually, she was drinking again, ?from the morning until I passed out,? she said. ?Then, doing it again the next day.
?I completely lost myself. I resigned my job. I stopped paying my bills. I got evicted. I was prescribed anti-depressants. I noticed taking the pills and drinking got me out of the emotions. So I found myself in a dangerous place very quickly.
?Again???several trips to the ER (for overdoses). I?m not sure why I wasn?t ever held there. In my down periods, I would tell myself it would just be better off if I was gone.?
In 2008, a friend at Fort Hood, Texas, connected Velez with the Tragedy Assistance Program For Survivors (TAPS), a resource for anyone who suffers the loss of a military loved one.
?That was the first time anybody had offered to help me with the depression and the grief.? she said.
'Family units breaking down'
Kaufmann, who lost three Army-spouse friends to suicide, argues that military-family suicides should be tracked and researched by the Department of Defense to help mental-health experts begin to slow or stop the problem. She knows, however, such an accounting is not likely.?
?I get the sense that people in the military think that by including families into this kind of discussion ? particularly when you?re talking about the (broader) mental-health impacts on family members ? they look at that as something that will only add to the problem. Whereas, we believe that it would prove to be a solution,? Kauffman said.
?We?ve approached this very myopically. More than half of soldiers are married. Soldiers come with families. And the military has a maddening way of both dismissing families and holding them accountable at the same time. It?s frustrating for us, not only when we?re trying to get our husbands help, but also when you have the family units breaking down,? she added.?
NBC News requested to speak with officials at the newly formed Department of Defense suicide-prevention office about the issue of suicides within military families and whether tracking is needed. A DOD spokeswoman said, however, that the office is only working to address active-duty suicides. The interview request was not granted.
Van Dahlen, meanwhile, believes that asking DOD to track military families is an unreasonable expectation to place on the agency when it already is facing budget cuts.
Even if the DOD wants to ? and many of my colleagues there desperately would want to devote resources to this???those resources are not going to be there,? she said. Rather than putting "the screws to DOD" and doing "even more with even less," Van Dahlen believes public-private partnerships should be encouraged "to figure out how we can (address) this together."
'Like an airborne disease'
More than eight years after Freddy?s combat death, and more than six years removed from Andrew?s suicide, Monica Velez annually runs the Marine Corps Marathon in Washington, D.C., in honor of her fallen brothers.
Matt Slocum / AP file
Monica Velez cleans her brother's name, engraved in a memorial at Fort Hood, Texas.
But, now living in Austin, she acknowledges she still struggles with what she calls, ?those thoughts.?
?There are days I?m still overwhelmed. And if I sit and think about it, I feel like I wouldn?t have to live through all this pain if I just let myself go. It doesn?t just go away. But you learn how to cope. You learn better coping skills,? she said, adding she gained those tools from TAPS.
Army officers at Fort Hood have occasionally asked her, she said, for ideas to help them prevent the rising military suicide rate. She watches that tally, too.
?The numbers take my breath away. I know it can be overwhelming for the Army generals on the other end of the table trying to figure this problem out. Because it?s like an airborne disease going through the building and you?re trying to figure out how to stop it before it gets to you," she said.?
?But it?s coming at a really fast rate, and it?s inevitable.?
Related stories:
Military suicide rate set record high in 2012
The enemy within: Soldier suicides outpace combat deaths in 2012
Some wounded vets shine on 'Alive Day,' others wear black?
Kitty Wells Marissa Mayer Jon Lord Colorado shootings dark knight rises Aurora shooting James Eagan Holmes
Monday, January 28, 2013
Stan Musial remembered during funeral Mass
ST. LOUIS (AP) -- Stan Musial was remembered during a funeral and memorial outside Busch Stadium on Saturday as a Hall of Famer and a St. Louis icon embraced by generations of fans who never had the privilege of watching him play.
Broadcaster Bob Costas, his voice cracking with emotion at times, pointed out during a two-hour Mass that in 92 years of life, Stan the Man never let anyone down.
Costas noted that even though Musial, who died Jan. 19, was a three-time NL MVP and seven-time batting champion, the pride of Donora, Pa., lacked a singular achievement. Joe DiMaggio had a 56-game hitting streak, Ted Williams was the last major leaguer to hit .400, and Willie Mays and Mickey Mantle soared to stardom in the New York spotlight. Musial didn't quite reach the 500-homer club - he finished with 475 - and played in his final World Series in 1946, ''wouldn't you know it, the year before they started televising the Fall Classic!''
''What was the hook with Stan Musial other than the distinctive stance and the role of one of baseball's best hitters?'' Costas said. ''It seems that all Stan had going for him was more than two decades of sustained excellence as a ballplayer and more than nine decades as a thoroughly decent human being.
''Where is the single person to truthfully say a bad word about him?''
There was enough room in the large Roman Catholic church for a handful of fans. One of them wore a vintage, No. 6 Musial jersey. Another clapped softly as pallbearers carried the casket from the church to the hearse to the tune of bagpipes.
Among those in attendance were baseball Commissioner Bud Selig, former St. Louis standout Albert Pujols and Hall of Famers Bob Gibson, Lou Brock, Ozzie Smith, Bruce Sutter, Whitey Herzog and 90-year-old Red Schoendienst, who once roomed with Musial. Joe Torre, a former MVP and manager in St. Louis, and Tony La Russa, who became close with Musial during his 16 seasons managing the Cardinals, sat near the front along with current manager Mike Matheny.
Pujols, who had been on track to challenge many of Musial's franchise records before signing with the Angels 13 months ago, exchanged hugs with Fred Hanser, a member of the Cardinals ownership team, before taking his seat.
Jim Edmonds, a star center fielder for two World Series teams in the 2000s, has the same last name as one of Musial's sons-in-law. He said Musial informed him that they were distant relatives, and greeted him as ''Hey, Cuz!''
''I thought he was kidding at first,'' Edmonds said. ''That's pretty cool.''
Jack Clark, a slugging first baseman for the Cardinals during the 1980s, said he perhaps respected Musial most for his decency during baseball's sometimes difficult period of integration in the 1940s and 1950s.
''Stan kind of crossed that color barrier. When people were getting on the African-American players, he stuck up for them. It was a time when you could kind of get your finger pointed at you for that stuff,'' Clark said. ''People loved him, and he loved them right back.''
Bishop Richard Stika, pastor at Musial's' church in suburban St. Louis for several years, speculated during the homily about why Musial was never ejected from a game during his career: ''I think deep down, that was because he didn't want to go home and face Lil.''
Musial's wife of nearly 72 years, Lillian, died last year.
Grandson Andrew Edmonds said the public Musial was no different from the private Musial, the grandpa who bought McDonalds for the family every Sunday. He recalled a fan telling him, ''Your grandpa's best attribute is he made nobodies feel like somebodies.''
Pallbearers included Cardinals President Bill DeWitt III, Musial grandsons Andrew Edmonds and Brian Schwarze, and the retired star's longtime business partner in Stan the Man Inc., Dick Zitzmann.
After the service, the hearse and vans filled with the Cardinals' delegation drove to Busch Stadium, where Musial's family laid flowers at the base of one of his statues - the one that made the move across the street from the old Busch - while being serenaded by ''Take Me Out to the Ball Game.'' Color guards from the city's fire and police departments flanked the statue, along with more than a dozen ballpark ushers. A single Clydesdale walked slowly down the street.
Cardinals closer Jason Motte shook his head.
''This is nothing like I've ever seen,'' he said.
During a funeral that was almost entirely upbeat, son-in-law Martin Schwarze got the biggest laugh when he recounted a 1995 radio interview with Jack Buck during which Musial was asked how good of a hitter he'd have been had he played in the modern era. Musial, who finished with a .331 career batting average, replied he probably would have batted about .275, and Buck said ''Whoa, whoa, whoa,'' that's way too low.
Then Musial added with a chuckle, ''Hey, Jack, I'm 75!''
Thousands filed through the Cathedral Basilica at Musial's six-hour public visitation on Thursday, and hundreds more attended the service.
Hundreds more were waiting at the more prominent of the two Musial statues outside Busch Stadium, where fans have gathered since Musial died after several years of declining health. Next to the statues were flowers, balloons, teddy bears, helmets, autographed items and a homemade sign that read ''Thanks for the memories. You live in our hearts, No. 6.''
''He's been a hero to us for four generations,'' Kathy Noorman of Wentzville, Mo., said, speaking near the statue. ''He was such a good man, somebody you can hold up to grandkids and your own kids as an example of who they should be.''
Mark Springman, 57, of Alton, Ill., brought a bottle of champagne to the statue shrine. He saw Musial play in 1963, Stan the Man's final season, and has been a season-ticket holder for about 15 years.
''He was more than a ballplayer,'' Springman said. ''He was the man.''
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Friday, January 25, 2013
Public Speaking Tips: It's OK to Use Notes | BulletProof Presentations
Remember the minor scandal that erupted when President Obama and Chief Justice John Roberts flubbed the lines of the Oath of Office in 2009? Afterward I suggested that it would have been wise for Roberts to have used a script or at least had some notes handy if he needed to consult them. The problem with reciting legalistic language like an oath?or wedding vows, for that matter?is that?you have to get it exactly right, even though it doesn?t exactly sound or feel natural. Otherwise you run the risk of having to redo the ceremony (like they did at the White House in 2009), just to make sure it takes.
So I was excited to see that the official swearing on Sunday went off without a hitch, and that Roberts had come to his senses and used notes. Too bad they didn?t leave it at that. Unfortunately, the big ceremonial oath that was televised on Monday didn?t go quite as smoothly. Obama gets a little lost and swallows his words on the phrase ?the office of President of the United States.? It wasn?t a disaster, but I?m sure it wasn?t the performance he wanted to give. Especially after what happened four years ago. At least this time they had the sense to hold the legal ceremony the day before.
It just goes to show you that even talented people who are used to speaking in public can get flustered by the stress of important events. If you have to make a public statement that you have to get exactly right, if the stakes are high or if the words you have to say are complicated or hard to remember because they aren?t your own, there?s no shame in using notes to help you keep your place. If you?re introducing someone and there?s even a remote chance that you?ll get their name wrong, please just write it somewhere that you?ll have it in front of you. I can?t tell you how many times I?ve been introduced as ?Corey.?
You certainly don?t want to read an entire speech to an audience without ever making eye contact with them, but notes, an outline, or a short text that you want to quote verbatim can be very helpful. Just try to use them unobtrusively and naturally. Chances are people won?t even think twice about it, and using a few notes are definitely better than potentially provoking a constitutional crisis.
2013 Inaugural Oath of Office
Source: http://bulletproofcommunicationstraining.com/2013/01/23/public-speaking-tips-its-ok-to-use-notes/
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Wednesday, January 23, 2013
Small businesses face tax certainty, political uncertainty
3 hrs.
Jeff Schneider recently had his busiest November and December ever, as the tax preparer?s small business clients clamored for information about how the fiscal cliff negotiations could impact their taxes.
?It was unbelievable,? said Schneider, who runs SFS Tax and Accounting in Port St. Lucie, Fla.
The last-minute deal to avert the fiscal cliff left clients at least knowing what their tax bills would look like.
But Schneider said he?s still hearing some gripes amid the continued political bickering over the debt ceiling, spending cuts and other issues. That?s despite the fact that some also are talking about expanding their businesses or opening new locations.
??When you talk to people they tell you face to face that the economy stinks, but they?re talking more politically than economically,? said Schneider, whose clients include doctors, dentists, a pawn shop and even an oxygen bar.
It?s no secret that Americans are fed up with all the political squabbles over taxes, spending and the federal debt load. For some small-business owners, the frustration is also tinged with fear: They?re worried that Congress?s inability to find common ground will hurt the economic recovery, and cut into their business.
Bill Dunkelberg, chief economist with the National Federation of Independent Businesses, said one in four businesses told the small business trade group in December that it was a bad time to expand because of political uncertainty. That?s despite other signs that the economy is slowly improving in areas like housing and employment.
He said many small businesses also reported that their top problems involved issues like uncertainty about government policy and health care costs.
?The things you think businesses should worry about were way down on the list,? he said. ?Government dominates the top part of the list.?
Taxes aren?t the only issue it says has the potential to hurt small businesses. The small business trade group has been a staunch opponent of President Barack Obama?s health care plan, the Affordable Care Act. The group was a lead plaintiff in the Supreme Court lawsuit that sought to halt the plan.
Dunkelberg said it?s too early to say whether concerns about political and government issues will ease in January, now that the fiscal cliff issues are resolved. Congress is still wrangling over other issues, such as the nation?s borrowing limit and possible federal spending cuts. Both could hurt small businesses owners who contract with the government or otherwise rely on government spending.
But some say that for many small business owners they work with, the fiscal cliff negotiations were the major potential distraction because it most directly impacted their taxes.
??When finally the compromise was struck, I think there was an overall sigh of relief that at least there was something that had happened,? said Kim Loewer, a tax practitioner who runs Loewer and Associates in Weyridge, Vt. ?The uncertainty had gone away.?
Now that many of the mom and pop shops he works with know what their tax liabilities are, Loewer said they are able to better plan for things like hiring and expansion.
?In general, Loewer said his clients ? who run the gamut from consultants to retailers ? are mostly reporting that business is going well.
?I don?t hear as much about where the economy is heading anymore,? he said. ?I think that right now, from my clients? point of view, we have seen an uptick in the economy (and) their businesses are doing better this year.?
Schneider, the tax preparer in Florida, said he is expanding the advertising and social media efforts for his own small accounting and bookkeeping business. That?s on the theory that spending more on marketing will draw in more clients even when the economy isn?t as strong.
He?s even called in his wife, an interior designer, to help fight the effects of the recession and weak economic recovery.
?I made her feng shui my office so I could get rid of the bad vibes,? he said.
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Tuesday, January 22, 2013
Gay Australian Wants Gay Australians To Be Monogomous ? No ...
danielhg.blogspot.com
Monogamous Gay Australia is a not-for-profit support group for gay, lesbian, bisexual and transgender people, celebrating and promoting monogamous, loving and faithful gay relationships. ?We encourage singles to take a stand, go beyond one night and hold out for ?the one?,? he says. ?We support new couples in getting to know each other before intimacy.? It?s early days yet for the fledgling group, but Andy hopes he?ll find many like-minded people out there. He invites all interested people to join him ? take a look at his introductory letter below. ?Hold off, don?t sleep with him on the first date. If you want a lasting relationship get to know each other first.? It?s the advice my Mum Suzie provided to my four straight sisters and all the more importantly to her only son ? even though I?m gay, it?s all the same, she insists. ?Mum,? I used to say, ?it doesn?t work like that in the gay world.? While it?s confronting, she?s right. I never had a role model as a kid, teenager nor adult as to how I should live my life as a gay man. Instead it?s something we kept quiet about, yet I felt embarrassed. My love for a man is as worthy as my best friend?s love for her husband.
Why do gay men have such difficulty with monogamy, yet yearn to be loved in a relationship? Can?t a man give them all the love they need or are we greedy? Or is there just too much temptation out there?
READ THE REST HERE.
Well this seems a strange waste of energy. Not that I do not think monogamy has worth. Oh, right, obviously, like any thinking human, monogamy has no worth. It is not a moral, or a sin, or any thing with worth. Just think this is a silly thing for gay Australian gay press to even cover. Australian gays have zero rights.
And this is the ?stuff? Same/Same post on their site? This is what they think needs to be shared? This is worth making people aware of in a country where gay people are on a par with Aborigines in relation to rights. They think this is worth covering?
Organize rights for yourselves, and keep heteronormative lifestyle choices for gay blogs from America. You should be fighting and demanding rights. Not pissing around covering this shit. Sort your shit out. I feel ashamed to think an Australian website would cover this kind of total shit. Just foul.
But then, Australia is a little backwards. I always think of them like an episode of ?Fast, Forward?.
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Monday, January 21, 2013
Batmobile on Trial for Copyright, Trademark Infringement ...
DC Comics, a subsidiary of Warner Bros., is pushing a lawsuit against California custom paint and auto body shop, Gotham Garage. Owned and operated by Mark Towle of Santa Ana, Gotham Garage specializes in customizing replicas of the various Batman vehicles. To date, Towle has sold two replicas of the original Batmobile, which was designed by a legend in the custom car business, George Barris. The cars have sold for $80,000 and $90,000, and Towle has also sold another replica that was based off the Batmobile version that was featured in the 1989 movie.
This lawsuit started nearly 2 years ago, when Warner Bros. claimed that Towle?s business was violating copyrights and trademarks that are owned by DC Comics. Both sides have been arguing their case, with DC Comics claiming that the copyright protection includes not only the actual Batmobile, but also the overall look and feel of the car.
Backing up his business, Towle refuses to give in claiming that, ?this is a very important case that has far-reaching implications. While it is true that this case is ostensibly about the Batmobile, which some may find to be trivial, the fact is that the issues that will be decided will have a significant impact on automobile makers and manufacturers.?
Batman was introduced to the world in 1939 in a comic books series called Detective Comics. In 1940, he earned his own comic book title; and a year later, acquired his gadget-filled ride. Since the induction of the first Batmobile, the vehicle has gone through numerous transformations. In the 1960s, Barris built the now-famous real-life model for the TV series. Over the years, Batman and his car have gone through different looks, but remain fan favorites. Live-action movies produced by Warner Bros. have contributed to the continuing popularity of the character.
In official legal papers, DC Comics? Vice President and deputy general for counsel for intellectual property Jay Kogan stated that the DC Comics has reserved trademark, copyright and merchandising rights to the aforementioned car.
DC Comics attorney J. Andrew Coombs argues that the Batmobile includes trademarks that have secondary meanings, and by Towle selling an unauthorized replica, he is likely to confuse consumers as to whether his cars are DC Comics products or not.
Coombs also claims that the Batmobile is a part of the entire Batman franchise, which in itself is protected by copyright. In legal papers, Coombs states:
?These are not merely vehicles with customized paint and trimmings; these are interactive, highly advanced automobiles equipped with futuristic gadgetry and aesthetics uncommon to vehicles of their time. The Batmobile Vehicles are never referred to simply as ?cars? but rather always by name ? BATMOBILE. They interact with the Batman and Robin characters and serve as integral parts of the stories being told by the respective comic books, television programs and motion pictures in which they appear.?
Towle?s stands strong in his position that the vehicles aren?t subject to copyrighting. According to his argument:
?It is black letter law that useful articles, such as automobiles, do not qualify as ?sculptural works? and are thus not eligible for copyright protection. However, despite this clear, bright line standard, DC believes that there is an exception to this rule. The exception being that if a different version of the vehicle (not even the same version that Defendant sells) once appeared in a comic book, then the rule does not apply. The implications of a ruling upholding this standard are easy to imagine. Ford, Toyota, Ferrari and Honda would start publishing comic books, so that they could protect what, up until now, was unprotectable.?
The judge must decide whether or not the design elements that Towle is mimicking are more than just elements of any automobile. Just as you can?t copyright a basic car hood but you can possibly copyright a unique pattern on that hood, the question here is whether the Batmobile has elements than can be conceptually separated from the functionality of the car.
DC Comics argues that they answer is yes, and of course, Towle argues no. Towle claims that:
?DC may argue that they are not seeking protection for the entire design of the vehicle, only the separable, non-functional, artistic elements. This is a lie. Because when asked which parts of the car it considered to be separable, non-functional and artistic, it did not limit its? answers to one or two design features. Instead, DC listed every visible part of the car from the design of the front grill, to the fenders, to the wheels, to the fins, the cockpit, and the exhaust pipe. DC even claims that the color of the Batmobile is copyrightable.?
A hearing scheduled for January 30th could possibly end this battle. Both Warner Bros. and DC Comics have made millions of the Batman franchise and are understandably protective of it. On the other hand, Towle is standing his ground against them and doesn?t seem to want to back down. This case could possibly end with a decision in favor of either side, or the case could go to trial. We shall have to wait to see what the judge says.
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