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by 03.09.2010
Posted In: Media, Internet, Courts at 09:11 PM | Permalink | Comments (1)
 
 

Enquirer Profits from Trademark Flap

Anyone who looked at the front page of today's Cincinnati Enquirer saw a prominent advertisement along the bottom featuring an image of a treasure chest and announcing, “Roadshow is in town all week in Cincinnati!”

To the uninitiated, it might appear as if the popular TV show Antiques Roadshow is taping an episode in the Queen City. The program uses a similar image and logo, after all. And that’s exactly why WGBH-TV in Boston filed a federal lawsuit Feb. 23 in Illinois against the company that placed the ad, Treasure Hunters Roadshow.

Treasure Hunters used the ad to publicize its event this week at the Duke Energy Convention Center. Unlike Antiques Roadshow, Treasure Hunters doesn’t appraise items and tries to buy some antiques that people bring in for the lowest price possible.

WGBH, which produces the show seen on PBS outlets across the nation, including WCET-TV (Channel 48), alleges the company is guilty of trademark infringement through its name and marketing tactics. It has sued the Illinois-based firm and its owner, Jeffrey Parsons, seeking an injunction to prevent use of the name and image.

As first noted by Bill Sloat on his Daily Bellwether blog, the flap over “fair use” issues has received extensive media coverage in Illinois.

Ironically, The Enquirer ran the ad just days after its editor, Tom Callinan, wrote a column criticizing unnamed blogs, Web sites and radio stations of unfairly and illegally using the newspaper’s content.

“(O)thers are profiting from our work,” Callinan wrote. “We're no longer willing to idly watch our good efforts stolen.”

As a result, The Enquirer is using a software program called Attributor to track users of its contents, gauge if the use is improper and issue warnings to alleged violators.

“In an attempt to track down such content parasites, The Enquirer and Cincinnati.Com now employ technology that scours the media landscape for illegal use of our content,” Callinan wrote. “In recent weeks, we have sent warnings to several blogs, Web sites and radio stations.

“We're mad as hell and we're not going to take it anymore.”

Callinan didn’t, however, attribute that last line to Network, the Oscar-winning 1976 film about a banal media outlet run amok in pursuit of profits and ratings. The line is uttered by unhinged TV talk show host Howard Beale, famously played by Peter Finch.

Several local bloggers were upset by Callinan’s column, calling it heavy-handed and reminding them of Big Brother with its weird “we’re watching you” vibe. They’re wondering who – exactly – he’s alleging has made improper use of the newspaper’s content. Several blogs often post items commenting on news reported by The Enquirer or criticizing its coverage, but they generally attribute the newspaper and help drive Internet traffic to its site.

Sloat e-mailed Callinan asking for more details, but the editor remained vague.

“(T)he recent ones have been small blogs and websites who may simply not know better. I don't want to out them. We handle it with automated warnings (via a program called Attributor) and it usually goes away without escalation,” Callinan responded. “My threshold for getting into a public outing of the issue would be pretty high — repeated incidents, warnings and letters from our lawyers. Just hasn't risen to that level.”

Of course, if the problem hasn’t risen to that level, why write such a high-profile and accusatory column about it?

So far, The Enquirer hasn’t reported on the lawsuit against its advertiser. Maybe the dispute “just hasn’t risen to that level” either.

 

 
 
by Kevin Osborne 03.30.2012
 
 
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Morning News and Stuff

Ending months of speculation about why a special prosecutor was investigating her, a Cincinnati Ben-Gals cheerleader was indicted Thursday for allegedly having sex with an underage student while she was a teacher at Dixie Heights High School in Edgewood. A grand jury indicted Sarah Jones on first-degree sexual abuse and a charge of unlawful use of electronic means to induce a minor to engage in sexual acts. The charges are felonies that are punishable by up to five years in prison. She resigned from her teaching job in November. Jones won $11 million in a default judgment in summer 2010 arising from a libel lawsuit she filed against Thedirty.com, a gossip website. An online post had claimed Jones had two venereal diseases and was having sex in her high school classroom. The website has asked that the judgment be dismissed, while Jones has appeared on TV shows like ABC’s 20/20 to discuss cyber-harassment.

Cincinnati officials are touting how the violent crime rate in Over-the-Rhine has dropped in recent months, on the heels of the FBI and local police arresting five alleged gang members Thursday that are accused of committing crimes there. Police note there hasn't been a homicide in Over-the-Rhine in the past seven months, adding stepped up patrols partially are responsible..

Gov. John Kasich signed an executive order Thursday that is designed to crack down on human trafficking. His order creates a task force to coordinate statewide rescue efforts, law enforcement investigations and prosecutions, and services for victims. The task force is scheduled to report back to Kasich within 90 days on the problem's scope and how best to address it.

As The Enquirer's parent company this week sheds numerous employees by offering a voluntary “early retirement” severance deal, a union representing reporters at The Dayton Daily News are fighting efforts to replace older, more highly paid workers. The Dayton Newspaper Guild rallied outside the Cox Media Center on Wednesday, as the union resumes contract negotiations with the media company. Guild leaders said newspaper executives are seeking unlimited power to use freelancers to replace professional journalists, along with wanting to abolish job security for its most experienced workers by eliminating seniority-based layoffs. Cox also owns newspapers in Mason, West Chester, Hamilton and Middletown.

A Columbus man is crediting his friend for saving his life after a freak accident involving a turkey. Ohio State University “super fan” John Chubb, who also is known as “Buck i Guy,” was recently driving home on Interstate 79 from Pittsburgh after the Buckeyes’ win over Gonzaga when a turkey crashed through his windshield and knocked him unconscious. Chubb's friend, a retired Columbus firefighter, grabbed the steering wheel and safely brought the car to a stop. (Shades of Arthur Carlson on WKRP in Cincinnati: “As God is my witness, I thought turkeys could fly.”)

In news elsewhere, a group launching a $3.6 million advertising campaign criticizing President Obama for high gasoline prices is connected to the notorious Koch brothers. The American Energy Alliance is the political arm of the Institute for Energy Research, and sources told Politico that both groups are funded partly by industrialists Charles and David Koch and their donor network. In all, the brothers’ network is aiming to steer significantly more than $200 million to conservative groups for political advertising and organizing ahead of Election Day.

A conservative think tank with ties to local politicians has been drawn into the controversy over Florida teenager Trayvon Martin's shooting death. The unarmed 17-year-old was killed last month by a neighborhood watch volunteer who is expected to use Florida's “stand your ground” law as his defense. The American Legislative Exchange Council (ALEC), which drafts model legislation for state lawmakers, promoted "stand your ground" laws. A statement issued by ALEC said the law probably is being misapplied in Martin's case: “It does not allow you to pursue another person. It does not allow you to seek confrontation." State Sen. Bill Seitz (R-Green Township) is among ALEC's leaders, as CityBeat has previously reported here and here.

Meanwhile, the police reports from the two officers who first responded to the scene of Martin's shooting have been posted online. They reveal what the officers encountered and how shooter George Zimmerman reacted upon being confronted by police.

Newt Gingrich's recent casual attitude toward his supposed presidential campaign might now have an explanation. The Washington Times has revealed that Gingrich secretly met with GOP rival, Mitt Romney, on Saturday. The ex-House Speaker said he has made no deal to end his bid for the Republican nomination, adding he hasn’t been offered a position in a potential Romney administration in exchange for dropping out. Curiouser and curiouser.

The Human Rights Campaign has obtained confidential documents from a prominent anti-gay rights group that indicates its legislative strategy includes trying to divide African-American and gay voters and pit them against one another. The documents, from the National Organization for Marriage (NOM), were unsealed this week in a Maine court case. “The strategic goal of this project is to drive a wedge between gays and blacks — two key Democratic constituencies,”the NOM report states. “Find, equip, energize and connect African American spokespeople for marriage, develop a media campaign around their objections to gay marriage as a civil right; provoke the gay marriage base into responding by denouncing these spokesmen and women as bigots.” Seems like that strategy worked with our local NAACP president, Christopher Smitherman.
 
 
by 12.09.2010
Posted In: City Council, Public Transit, Courts, Protests at 04:47 PM | Permalink | Comments (2)
 
 

Groups Target Berding, He Threatens Lawsuit

In the heated debate over budget cuts at City Hall, several groups are alleging Cincinnati City Councilman Jeff Berding is “two-faced” and told various individuals during his 2009 campaign that he would end his support for the proposed streetcar project.

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by Hannah McCartney 04.06.2012
Posted In: Courts, News at 08:53 AM | Permalink | Comments (0)
 
 
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Ohio Executions Back On

Judge rules state again capable of carrying out death penalty

Ohio can now resume carrying out executions for the first time since November 2011, after a ruling Wednesday from U.S. District Judge Gregory Frost of Newark.

In January, Frost halted the Ohio execution of condemned murderer Charles Lorraine in light of several slip-ups by the state in following its own execution protocol. On Feb. 8, the U.S. Supreme Court upheld Frost’s decision, ruling that the number of documented failures to follow procedure were enough to place an official moratorium on executions.

The failures to follow protocol were reportedly mostly minor paperwork technicalities, including not properly documenting that an inmate’s medical files were reviewed and switching the official whose job it was to announce the start and finish times of the lethal injection.

The state argued that the errors were minor, and didn’t legitimately affect the state’s ability to carry out humane executions. Frost, however, expressed frustration at the state’s failure to follow codes it had set itself. "Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," Frost wrote in his January ruling.

Frost's ruling means that the state will move forward with the April 18 execution of Mark Wiles, who was found guilty for stabbing a 15-year-old boy to death in1985. Frost recently denied Wiles' request for a stay of execution. Although his ruling sided with the state, Frost seemed somewhat wary of the state's promises to reform.

Since the moratorium, the Ohio Department of Rehabilitation and Correction has allegedly scrutinized its procedural policies and implemented a new "Incident Command System," which sounds like an initiative for ORDC Director Gary Mohr to more closely micromanage the processes during state executions.

"This court is therefore willing to trust Ohio just enough to permit the scheduled execution," Frost wrote regarding his rejection of Wiles' stay of execution. "The court reaches this conclusion with some trepidation given Ohio's history of telling this court what (they) think they need to say in order to conduct executions and then not following through on promised reforms."

To date, Ohio has executed 386 convicted murderers. Click here for a schedule of upcoming executions in Ohio.
 
 
by James McNair 12.14.2012
Posted In: News, Women's Health, Courts at 03:37 PM | Permalink | Comments (0)
 
 
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Judge Who Sealed Miami Rape Flier Case Defends Decision

Lawyer denies a plea occurred, contradicting previous explanation

The Butler County judge who granted the anonymity of a former Miami University student convicted of posting a rape tips list on campus is standing by his decision.

Area 1 Court Judge Robert Lyons ordered all case records sealed Nov. 8 after the student pleaded guilty to disorderly conduct and agreed to pay an undisclosed fine. Six days later the Cincinnati Enquirer sued Lyons in the Ohio Supreme Court, arguing that the case file is a public record.

Lyons, represented by Butler County Prosecuting Attorney Mike Gmoser, filed his answer Thursday. He denied violating the Enquirer’s claim of a constitutional right to a hearing where it could have argued against secrecy.

That Lyons is standing his ground comes as no surprise, but his answer contains one head-scratching statement. He — that is, Gmoser — wrote that “there was no plea” in the case. Yet in a first-person account of the case in the Miami University Student on Nov. 8, Gmoser wrote that the defendant pleaded guilty. The court’s own schedule for Nov. 8 says the case was up for the entry of a guilty plea.

 
 
by 10.07.2010
Posted In: Courts, County Commission, 2010 Election at 02:56 PM | Permalink | Comments (3)
 
 

Dem Chairman Wants Court Records

Amid rumors that the FBI is investigating the Republican-controlled Hamilton County Courthouse, the local Democratic Party chairman Tuesday made a public records request to Clerk of Courts Patricia Clancy seeking all documents pertaining to uncollected bail bonds.

Sources at the courthouse have said up to $4 million in forfeited bail bonds that should've gone into Hamilton County's coffers hasn't been collected by the Clerk of Court's Office.

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by German Lopez 06.26.2013
Posted In: News, LGBT Issues, Courts at 12:05 PM | Permalink | Comments (1)
 
 
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Local, State Leaders React to LGBT Rulings

U.S. Supreme Court strikes down federal ban on same-sex marriage

The U.S. Supreme Court today struck down the federal Defense of Marriage Act (DOMA) in a ruling that effectively requires the federal government to recognize same-sex marriages for couples who reside in states where same-sex marriage is legal.

The DOMA ruling also sets a powerful historical precedent by extending equal protection rights to gay and lesbian individuals.

In another ruling, the Supreme Court vacated a case on California’s Proposition 8, which banned same-sex marriage in that state, and effectively sent the case back down to a lower court that deemed Proposition 8 unconstitutional. The ruling means California will likely begin giving marriage licenses to same-sex couples, but the ruling’s effects will not go beyond California’s borders.

For gay and lesbian Ohioans, the DOMA ruling adds yet another incentive to legalize same-sex marriage in the state. If FreedomOhio’s efforts to get the issue on the ballot in 2014 are successful, Ohio’s gay couples will have their marriages recognized at all levels of government. (The group previously aimed for 2013, but it now says it needs more time.)

So far, it remains unclear whether the ruling will extend to same-sex couples who get married in other states but live in Ohio. If so, Ohio gay couples could get married in Massachusetts, return to Ohio and be eligible for federal marriage benefits — but not state marriage benefits. Legal experts and federal officials will surely debate the issue in the coming months to develop a clearer answer.

Still, there’s been a lot of cheering and jubilation about the historical rulings, which are widely seen as victories for LGBT rights. Below are some of those reactions from local and state leaders, gathered through interviews and statements.

Also, make sure to check out CityBeat's Pride Issue for more coverage on LGBT issues.

Councilman Chris Seelbach, Cincinnati’s first openly gay council member:

“It’s pretty amazing. Just as President Obama when he announced his support for marriage equality, this feels like just as much of a milestone, if not more because of the legal significance of the rulings. This is proof that the tides have turned and the laws are changing. We are realizing full equality for LGBT people across this entire country.”

“The fact that they used the equal protection clause means this case will be used across the country for every type of law that has an impact on LGBT people. The Supreme Court just set a new precedent for the rights of any government to discriminate against gays and lesbians. It’s far broader than just the repeal of DOMA, which in itself is an incredible feat. But the precedent that it’s setting for scrutiny on the basis of sexual orientation will have an effect on laws throughout this country for decades to come.”

Ian James, co-founder of FreedomOhio:

“We are elated that the Supreme Court has repealed DOMA and in effect rejected Proposition 8. These decisions are proof that the tide of acceptance for all couples is turning in this country, and we have taken two more important steps toward true equality.

“This important moment, however, does not change the reality that Ohio still has a constitutional amendment banning same-gender marriage. Ohio voters can address the civil rights issue of our generation by voting for the Freedom to Marry and Religious Freedom amendment. We are elated and our resolve has been doubled to collect signatures. The journey continues. We will bring marriage equality to Ohio in November, 2014.”

Chris Redfern, chairman of the Ohio Democratic Party:

“I’m deeply thankful that the Defense of Marriage Act has finally been struck from our country’s books, and that millions across the nation and Ohio are one step closer to equal and fair treatment under the law. DOMA implemented discrimination into the highest law of the land, and it’s a great day that this ugly reminder of a different time is finally gone.

“Ohio Democrats are honored to stand with our LGBT brothers and sisters in the fight to earn marriage equality for all, and continue our march to overcome the prejudice of the past. But despite our victories across the nation, Ohio Republicans in the Statehouse and Governor’s office remain committed to keeping prejudice enshrined in law.”

John Boehner, U.S. Speaker of the House and Republican from West Chester, Ohio:

“Congress passed the Defense of Marriage Act on an overwhelmingly bipartisan basis and President (Bill) Clinton signed it into law. The House intervened in this case because the constitutionality of a law should be judged by the Court, not by the president unilaterally. While I am obviously disappointed in the ruling, it is always critical that we protect our system of checks and balances. A robust national debate over marriage will continue in the public square, and it is my hope that states will define marriage as the union between one man and one woman.”

German Lopez, gay staff writer at CityBeat:

“Cool.”

Danny Cross, CityBeat editor:

DOMA was a real horseshit piece of legislation, and we're happy those old bastards in the Supreme Court did the right thing.

Update (1:47 p.m.): Added more reactions.

 
 
by German Lopez 08.03.2012
Posted In: Media, Media Criticism, News, Courts at 10:59 AM | Permalink | Comments (1)
 
 
gannett_logo

Gannett Weekly Found Guilty of Defamation

Judge orders $100,000 in damages for newspaper’s defaming of police officer

A federal judge announced Wednesday that the Milford-Miami Advertiser, a Gannett-owned suburban weekly newspaper, was guilty of defaming police officer James Young.

Judge Michael Barrett affirmed the jury’s award for $100,000 in damages.

In an article published on May 27, 2010, the Milford-Miami Advertiser wrote that “Young had sex with a woman while on the job.” The accusation was found to be incorrect.

According to court documents, Young was initially fired from his job in 1997 after an internal investigation found semen in Marcey Phillips’s home after Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. But a DNA investigation found that the semen found in Phillips’s home did not belong to Young, and Young was eventually given his job back.

The court documents say the Milford-Miami Advertiser article was written by Theresa Herron, the newspaper’s editor, but online archives of the article “Cop’s suspension called best move for city” say the article was written by Kellie Geist. Update: Herron wrote the section of the article that went to trial, while Geist wrote the rest.

Young testified that Herron never attempted to contact him before publishing the article, according to court documents. Herron testified that she did not fully read the documents for Young’s case, but she said she knew about the DNA testing and did not think it was important to the story.

When contacted by CityBeat, Herron said she did not feel comfortable discussing the case. The story was first reported by Courthouse News Service.

Gannett also owns the Cincinnati Enquirer. The Milford-Miami Advertiser covers community news in Miami Township and Milford, and it is part of the Cincinnati.com network.

 
 
by Kevin Osborne 02.21.2012
 
 
towing

Morning News and Stuff

If you've ever felt like your car was held hostage by a towing company wanting an exorbitant fee before it would release your vehicle, this will sound like sweet justice. The city of Cincinnati's prosecutor has begun a criminal investigation of Kenwood Towing, based on allegations of overcharging. The firm, which has locations in Northside and South Cumminsville, also has been indefinitely suspended from its city contracts pending the investigation's outcome. Ohio law limits how much towing companies can charge, but residents have complained that Kenwood routinely violates the law, in some cases charging 400 percent more than is allowed.

Leasing issues with some current tenants at Corryville Plaza could delay parts of a major redevelopment project near the University of Cincinnati. The $78 million first phase of U Square @ The Loop is underway, with construction of shops and apartments along William Howard Taft Road. But plans to demolish and revamp the plaza where a Kroger grocery store and a Walgreen's pharmacy are located might be postponed. That's because three tenants — a chiropractic center, furniture store and clothing retailer – remain under lease under 2015. Developers are negotiating for their earlier departure.

The recent, unexpected death of Hamilton County Coroner Anaht Bhati means local Democratic officials have until Thursday to find a replacement candidate to put on the November ballot. Besides investigating suspicious deaths, the coroner can act as a de facto commissioner if two of the three Hamilton County commissioners are unavailable to conduct business for some reason.

Ongoing construction at the Horseshoe Casino on downtown's eastern edge will cause some detours for motorists. Beginning today, the work will close Eggleston Avenue between Central Avenue and East Court Street for about four months.

In news elsewhere, the super PAC supporting Mitt Romney’s presidential campaign raised $6.6 million last month and spent $13.9 million, according to a report filed Monday with the Federal Election Commission. Politico reports the paperwork reveals 25 six-figure donations, many from repeat donors, which accounted for $4.9 million of Restore Our Future’s January haul. Money might not buy love, but it can give new life to a lackluster candidate.

More than 2,000 angry Afghans gathered outside a US military base to protest the allegedly inadvertent burning of Korans and other Islamic religious materials. The items are thought to have been burned as part of routine disposal of garbage at Bagram Air Field. (Yep, we're winning hearts and minds over there, don'tcha know.)

DSK is in trouble yet again. Dominique Strauss-Kahn, the former head of the International Monetary Fund, is being detained for questioning by French police investigating a prostitution ring. Strauss-Kahn, once a front-runner for the French presidency, was charged last year in New York with the attempted rape of a hotel maid. Prosecutors later dropped the case, stating it would be difficult to win a conviction.

Government officials are offering a reward of nearly $1 million for the capture of 30 inmates who broke out of a prison in Mexico on Sunday. The governor said the inmates staged a riot, during which 44 people died, to create a diversion for their escape. The fugitives are gang members involved in the Mexican drug trade, he added.
 
 
by 04.12.2011
Posted In: Congress, Republicans, Courts, Ethics at 02:21 PM | Permalink | Comments (1)
 
 

Schmidt's Lawsuit Gets Nat'l Attention

A congresswoman's lawsuit against a local businessman and onetime political opponent is featured in an article today on the popular Politico website.

U.S. Rep. Jean Schmidt (R-Miami Township) is suing David Krikorian, who ran as an independent against Schmidt in 2008 for Ohio’s 2nd Congressional District and also unsuccessfully ran in the Democratic primary for the same seat last year. He lost that race to Surya Yalamanchili, a former contestant on a reality TV show who lost the general election to Schmidt by capturing 35 percent of the vote.

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