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G-Man's Boring Lawyer Blog
May 24th 2007, 05:31 CEST by Gabe I'm kind of curious. |
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Part VI, where my wife bogies with the Masaai We received our wake up call at 6:30. The Sopa lodge isn’t as service orientated as the Migration Camp so they bang on the door until you yell back at them before they continue on their way. Good that I don’t have anyone calling my wife Mama and telling her to wake up, but bad in that we don’t get coffee. I woke up with an achy back as the bed was not very comfortable. I also accidentally took down the mosquito netting during the night getting up to use the bathroom. Thankfully it was snap buttons and I didn’t rip anything. We showered and packed up our things. Leaving the Sopa there were a bunch of porters waiting for people to leave. Two spotted us and came right over to help. The staff at the Sopa Lodge is mixed, so we had some women to carry our bags. They were slight, but handled it well. We went to the restaurant for breakfast and were seated at the same table as the night before. Our waiter remembered us by name and got us coffee and toast. Breakfast was a buffet with all the usual items. We ate and met up with our guide who already got our bags and loaded them into the jeep. At this hotel everything was included in the price so we didn’t have to pay a bill and only had to hand in the key and leave. Our agenda was to leave the Serengeti and go to the Ngorongoro crater for an afternoon game drive with stops at Olduvai Gorge (site of the Leaky’s archeological digs) and a Masaai village along the way. We started at 7:30 in the morning and were on a game drive on our way to the parks exit. Our first eventful find was a hippo out of water. It was late in getting back to its pool and we found it crossing the road in front of us. Our guide told us it was at situations like this that would get people killed by surprising the hippo out of water. The hippo was quickly lost in the bush and we continued on our way. An hour after seeing the hippo we saw our first pack of Hyena. They were close to the road in a large open plain. The females are the larger of the sexes and dominate the pack. Next to the hyenas we sported some more striped mongooses. We were getting closer to the area of the park that has the kopje when we crested a hill and saw thousands of wildebeest on the great migration. We had heard it was in the area but had not seen these great herds. In front of us was a river of animals crossing the plain. We drove forward and broke the herd up and stopped. Pockets of animals dotted the landscape in each direction all the way to the horizon. We stopped and took pictures and video of the herd. Due to the sheer number of animals their bleating never stopped. We recorded our video, took our pictures and left. We had reached the line of kopje that we first saw when we found the great migration and turned right to follow them. Our guide looked for lions on the rocks and found a pride not 15 minutes after we left the wildebeest. They were lounging on the rocks. It was difficult to see at first, but after a while they would lift up their heads to look around before putting them back down. We had spotted at least 5 of them but our guide told us that there were probably more scattered about that we couldn’t see. We left and continued to the exit. The last game of note we saw before leaving the Serengeti was an unusually large herd of gazelles. They’re usually in a harem of 15-20 animals with one male, but this harem was several times that size. We didn’t think anything special of it, but the guide stopped the vehicle for us to take pictures. We figured that it must have been something worth taking a picture of if he stopped the car. It was not long before we were at the gate to the Serengeti. I had wanted to take a picture of it, but there is nothing of note to take a picture of. We stopped to use the bathroom and visit the snack shop while Firoz took care of the necessary paperwork to exit the park. The gate is a pair of guard houses and a gate barring entry. There is no great sign that say “Welcome to the Serengeti National Park” which was a small disappointment. Leaving the Serengeti you enter into the Ngorongoro conservation area. The difference between a conservation area (I think Ngorongoro is the only one in TZ) is that people, Masaai only, can live there, while they are barred from doing so in the parks. The road from the Serengeti to the crater is a gravel road with not much to see on the way. There were a few animals by the road but the speed limit is much higher so they don’t stay near it. Cars, trucks and buses kick up tremendous clouds of dust in the air and the odd rock will hit the windshield every so often. Firoz told us that the average lifespan of a safari vehicle windshield is 3 – 4 months. The top had to be to be close for this part of the journey. During the drive the landscape changed dramatically. It was in the rain shadow of the mountain range that Ngorongoro was a part of. The ground was a lot drier and dustier. Vegetation was limited to small shoots of grass and there were few trees to see. As we passed cars along the way I had to close to window to avoid getting a face full of dirt. We had about a 90 minute drive until we turned off for the Olduvai Gorge. The ‘road’ to the gorge was not marked by a sign but relied upon local knowledge to recognize the ruts that lead to the area. We saw Masaai Broma’s (the name of the structures that make up a village) on the road to the gorge, and even saw a few people walking around. We arrived at the Olduvai Gorge and museum at 10:30. It’s a small museum and half of it is devoted to a gift shop. The site of Leaky’s dig is actually 30km away from where the museum is. Inside they had various animal fossils and bones but the main attraction was the information about the early hominids they found. There was a cast replica of the 3 million year old hominid walkway they found. The actual walkway is covered up to preserve it and closed to the public. You walk outside the back to the museum to listen to a 5 minute lecture on the gorge. The area that the lecture is given in looks out over the gorge where they talk about the different geological eras represented in the area. We listed to that and looked at the museum, but we were finished in 20 minutes. We got back into the jeep and left for the Masaai village. I was nervous about visiting the Masaai village because I didn’t know what to expect. Part of me felt like I was treating them like animals, something to see, and even our guide said as much, but the other part was that I would be out of our element and in a different culture much like when we walked through the market in Arusha. We had a half hour drive from the gorge to the Masaai village and came to one that our guide has visited in the past. When we arrived there was another group inside which put me a little at ease since all the attention wouldn’t be focused on us. We left our jeep and were greeted by 3 villagers who asked us our name and told us theirs (which I cannot remember for the life of me). One of the men was the village elder who was covered up in a blanket and wearing a ski hat like it was snowing out. The greeted us and took us to outside the gate where a welcoming party of men and women were gathered. The women were adorned with bright jewelry and collars. Men and women had stretched earlobes, and some had, of all things, locks hanging from their ears. There was not a lot of western influence in their clothing but there were a few modern items. Beside the locks a few people had on digital wristwatches and their shoes were simple rubber soles lashed to their feet. Their cloth was a bright blue robe that is common among the Masaai. They started singing a welcome song and dance where at the end we were to follow them in. Part of me felt it was highly staged. I don’t know if they only do this for the tourists, or if there is something in their culture they would do if getting visitors for other tribe. We followed them in through the thorny wall that encircles the village where the broke up into groups of men and women. The women continued to sing and dance for us. The dancing mostly involved them jumping high into the air. It was here that Firoz suggested that my wife dance with them. She was nervous for a second or two, but threw caution to the wind and dived full on into the experience. They put a collar necklace around her and a hat on her head and they started jumping up into the air. Walking over there and getting ready she decided to do our dances and the cheesy ones as that, with them and not to try and emulate theirs. As they jumped up and down she danced like she used to in her clubbing day. She mixed it up a bit and threw in there the running man and cabbage patch. As I was watching this I could see the men jumping up in the air. The men compete to see who can jump the highest, and they could jump high. It looked like their feet flicked them off the earth over a foot in the air. I was getting nervous that when my wife was done that they would ask me to jump with the men. Even if I squatted down and jumped with everything I wouldn’t have been a quarter of what they were doing. The women finished dancing and thankfully I wasn’t asked to jump with the men. The village is encircled by a wall of thorny branches. After that the houses are built next to the wall. They are similar to what we saw in Arusha at the N’Girishi village, but much cruder constructed. Outside the houses were displays of souvenirs that they had for sale. In the middle were a couple of trees, but it was otherwise open for the people to congregate. A woman with a baby had come over to my wife and let her hold her baby. It was a little one, but very dirty. It was a bit sad as it was very dusty and the children got messy, but she loved holding the baby. There were welts on the baby’s head from the bugs. She did get creeped out when she felt the kids’ bottom and there wasn’t a diaper there. After hanging out in the middle with the villagers they took us to one of their homes to show us. The home was quite a bit smaller than the one in N’Girishi. The door was shorter and narrower. If you didn’t watch your head entering you would likely gate a face full of stick. Inside it was very hot, very dark and very cramped. There were only two small windows for light. We were given buckets to sit on as our guide told us about the house and how people live here. We were leaving when I tried to navigate though the door. It was very narrow and a tight squeeze. I almost fell over on my way out taking off the door, and possibly a wall. I caught myself and only had some minor embarrassment. We were escorted through the back of the broma to the school where all the children from ages ~4-7 were assembled for school. Immediately they went into a dog and pony show for us. They all said hello in unison and sang us a song. They had one child come up to the blackboard that was completely filled with material to ‘learn.’ It had the numbers up to 10, and then from 20 - 50 by tens, the alphabet, simple English words, simple Swahili words, and a list of sounds (Ba, Be, Bi, Bo, Bu for each consonant) to say. The child took a pointing stick and whacked each item on the list for the class to recite. I don’t if they’re taught this or just use it to put on a show for the tourists. Regardless it was cute to see them going through all their sounds. After they were done they hit us up for a donation to the school. My wife felt very bad for them and gave $40. We came back to the village to buy some souvenirs before leaving. We were immediately set upon like vultures to carrion. They were all hawking some jewelry and stuff. My wife was looking at some items when we were told we were looking at the wrong stuff. You’re supposed to go to the house that you visited and buy from them. So we left where we were and crossed to the house we visited. In the middle area underneath the trees my wife spotted an old battery that the kids were playing with. She picked it up, aghast, that they would be playing with something that is so toxic. She showed it to our guide and said they don’t understand and were using it as a toy. She asked what to do and he said to drop it, so she did. Outside the house we visited we were mobbed again. Women were walking up to me and putting their bracelets on me to get me to buy them. I didn’t want them and had to keep taking them off and saying no. One of the men tried to sell me a club and a machete. Needless to say, either one would not have been acceptable to take home. My wife wrapped up the business and we were escorted by a few men to leave the village. We said good bye and left the village. My overall impression is that it’s a lot more commercial than the village in Arusha we visited. I do understand that they need to take advantage of tourism, but having seen it once I don’t think I would bother again if put in the same situation. We got back in the jeep and continued on to the Ngorongoro crater. We passed more Masaai villages and even took some pictures of them herding their cattle. You’re not supposed to do that, but we did it anyway. We had a climb up some hills to the edge of the crater. We saw some wildlife along the way. We saw our first, and only, eland on the hills going up to the crater. Unfortunately it was far away and did not get a chance at some good pictures. The crater is at a high elevation, and despite being noontime with few clouds it was not very hot. At around 11:30 we arrived outside the entrance to the crater. We were peering inside and were able to see the whole of it. It was awesome. There was a bit of haze and weren’t able to see clearly to the other side, but that did nothing to take away from the beauty of it. The guide told us it was 12 miles across and the result of a collapsed volcano. Three separate volcanoes made up the caldera and you could see the remnants of them in hills inside the crater. Due to the large number of tourists coming to see the crater you are no longer allowed to say inside the whole day. People are allowed inside in half day game drives; either 6AM – 12PM, or 12PM – 6PM. While our driver got out at the gate to handle the paperwork we were left to look at the crater. Out of the bush we were approached by some Masaai that wanted to sell us some more of the same trinkets that we already bought at the other place. We balked, and they tried to have us buy some photos of them, but we passed at that too. It was getting tiresome, but soon another vehicle pulled up and they went over to accost them. It was only a few minutes more before Firoz came back and we were going into the crater. It was approximately a 300 meter descent from the crater rim to the floor. We could see the road out before us the whole way down. The crater was on our left and varied between a deep drop off to a gentle slope. The eastern rim that we were on was very dry, much like the land leading up to the crater. There were pockets of thick vegetation on the valleys leading down to the crater where rain water would collect and run down. We were told by the guide that during the dry season the Masaai would bring their cattle down into the crater for water and take them out by evening. The crater is not so steep that animals become trapped inside, but due to the year round availability of water they don’t migrate out of it. The same variety of animals exists in the crater as in the other parks with a couple of exceptions. Inside the crater are black Rhinos, the only rhinos in Tanzania. The other exception is that you will only find solitary male elephants at the end of their life. Females won’t bring their babies into the crater so the herds don’t enter. Older male elephants live there because they are on their last set of teeth (they have 6 pairs in their lifetime) and when these teeth are ground down too far they move to the crater to eat the soft grasses. Soon, though, their teeth will be too short to chew anything and will die of starvation. The animals in the park are a lot more docile towards people. Since it is a much smaller area with a lot of visitors they are used to the safari vehicles. In the Serengeti the hoofed animals were always quick to get out of our way on the roads, but here they would take their sweet ass time. It did not take very long to reach the bottom of the crater (it would have been faster but some jerk in front of us was flipping through a bird book while we waited to pass). It was not long after that we reached a pool that a couple of lions were resting at. It was a male and a female, and presumably, there were a mating couple as the male usually is alone. Some number of yards away behind them we saw the rest of the pride hanging out. We decided to park and eat our boxed lunch while watching to see what they would do. Our jeep was equipped with a fridge that operated on the jeeps electrical system, but our guide didn’t feel it necessary to put our boxed lunches in there. Instead they were in the foot well of the passenger seat in front. For lunch we had both gotten chicken and mustard, which was sitting un-refrigerated since we left the lodge at 7:30, including the time the vehicle was locked up at the Olduvai Gorge and Masaai village. When I got my lunch I was hesitant about eating it, who wouldn’t be? But, foolishly perhaps, I threw caution to the wind and figured they must use some method of perpetration that would render it safe for those hours out in the sun and ate it. It was OK, nothing special. The rest of the box had fruit, some nut mixture, a box of juice, some sort of fried chicken in a batter (more caution to the wind), and something else that I forgot. It was all pretty good and didn’t taste funny. Watching my wife I saw she was similarly nervous about eating, but as I found out later for different reasons. We hadn’t a chance to wash up since we left the Masaai village and she was worried about the sanitary condition of the people we met, not to mention the bare baby buttocks she held. We did not have any Purell, which despite what you think about killing the bad and good bacteria, may have been a good investment for the trip. She was trying to eat by using the napkins to hold her food, but it didn’t go so well. In any event neither of us ended up getting sick (and we never did for any part of the trip, too). After lunch we left the lions and were on another mission. Firoz never told us what these missions were, but the only logical choice was that someone radioed where a rhino was and we were on our way. It was a good distance away taking us 45 minutes to get there. We did not stop to look at anything along that way, which including driving through the only forest area of the crater. When we got to the area there were four or five jeeps there, but nothing at all like when we were looking for the leopard. The rhino wasn’t being very cooperative this day though and kept its distance from the road. I am terrible at estimating distance, but I would say it was about 100 yards, +- 20, from us. It was far enough away that looking at the animal through our zoom lenses it looked wavy from the heat. We were glad to have the 12x zoom on our camera, and a 20x zoom on the video to be able to take the pictures/video that we did. The animal was walking parallel to the road and we followed it for some time to see if it would get closer, but it didn’t. So we left to look at the rest of the park. Driving around we were able to see our first good view of cape buffalo. There were a few of them mixed in with a herd of zebra and wildebeest. We were also able to see our first warthogs up close. The first one we found was a juvenile that was eating along. The guide theorized that its mother had been killed by a predator because it wasn’t at the age too be alone. It was old enough to eat, though, so it may have had a chance to eat. We were able to get relative close as it was near the road and watched it eat. The warthog loves to eat new grass shootings and will get down on its front knees to be closer to the ground, which this warthog was doing. We drove around the park looking at different game. It was nearing the end of the day when Firoz decided to stop at a picnic site so we could use the bathroom. The bathroom had flushable toilet, but it wasn’t anything great and smelled a little bit. I am only glad that I didn’t see the spider in the corner until I was done peeing. These toilets don’t have soap, and I was always a bit concerned about the water supply so I did with that we brought Purell around for occasions like these. The picnic area was nice and near a lake. Around the tables were a collection of cape buffalo skulls that were impressive. We left and were beginning to make our way slowly to our hotel. Along the way we stopped at another lake and were able to see some various waterfowl, an African Spoonbill, greater and lesser flamingos, ducks and teals. In the lake were some hippos. A male was defending his territory and we were able to watch him open his mouth wide. While driving about we were also able to meet one of the only female guides working in Tanzania. As all the lodges and hotels out in the bush only have facilities for men, they can’t guide a safari. In the Ngorongoro crater are two woman guides that are affiliated with a hotel and are able to guide people into the crater. I had not notice there were not woman guides until we had seen her. It was getting late so we left the lake and made our way up the western side of the crater rim to the Sopa Lodge. The western part of the rim is very, very lush. It was overpoweringly green. I had a hard time imagining all the effort that would have gone into clearing the vegetation to build a road. It was a sharp contrast to the other side of the rim. The Ngorongoro Sopa lodge is on the northern side of the western rim. It is the only hotel in that area as the other Ngorongoro lodges are located on the southern part of the rim. We arrive at the hotel around 6:00 and were greeted with the usual facecloth and juice. We checked into room number #44. We had time before dinner and decided that we would take a shower and wear something nicer than our safari clothes. Our first impressions of the room were positive. It was large and had a great view of the crater. The bathroom had been remodeled and looked very new and western. Unfortunately like the other Sopa it was two double beds and not queens. We took a shower and the sheen on the room began to wear off. They must not have installed a trap in the shower because there was a nasty odor emanating from the bathroom. In addition whenever another room had flushed their toiled we could hear gurgling coming from the shower. Not good signs. In addition the only usable outlet was in the foyer and we had to leave our electronics on the floor to charge. There was no safe in the room and so we had to bring a bag with our expensive and don’t lose items. We left the room at around seven and headed to the bar. We were warned that it could be cold at night, but I would have welcomed the cold. It was cool, but nothing uncomfortable. The bar was very nice. In the middle of the room was one fire place portioned into four units. We sat in front of one of the fireplaces and felt the heat coming from the fire. They did not but wood, but instead used the more efficient and hotter charcoal. We order some wine and beer. It was busy that night and we were able to secure one of the last seats near the fireplace. Unfortunately for us it was near the entrance so some clueless people coming in would walk in front of us looking for a seat. The lodge was very full that night and when 7:30 came everyone went to dinner. The upside to the Sopa Lodges running their restaurants like quasi banquet halls is that they can sit everyone at once and be able to get the meals out. The downside is that the food is mediocre. The Ngorongoro Sopa Lodge tried to be chic when buidling their restaurant by making the whole building and dining room round. Unfortunately it doesn’t allow for good placement of the tables and getting to ours near the window took quite a bit of maneuvering around them and people. Our waiter for the evening was an effeminate fellow with a passing resemblance to a young funny looking Sydney Poitier. We were seated and given our menus. I was daring and decided to order the local dish, a beef stew with coconut rice. For appetizers we both got spring rolls. Our hopes for a romantic dinner were soon dashed when seated to our right was a family of 10. No grandpa’s here, about six kids and four adults. We got our appetizer and it was decent enough. It was quickly followed by our soup and then, nothing. Meanwhile the family next to use got their appetizers and soups and were onto their main course. The effeminate Sydney Poitier was no where to be seen. When we finally did see him he began to clear off the table asking how we like our dinner. We both got indignant and said that we didn’t know, because we haven’t gotten it yet. He went into the back to get the staff to bring them out right away. Things were not going well at this lodge. Our dinners came out and they were passable, but nothing to write home about. We ate and soon ordered our desserts. We both go the chocolate mousse. It came out quickly and it was very good. It was piped into a Champaign glass (read: small) and was very sweet and chocolaty. We were finished and were waiting, and waiting for the drink runner to bring the check to sign when we saw the table next to us get their desserts. The people that got the chocolate mousse there got them in what looked like red wine glasses. We were angry. The smelly bathroom and the slow service this pushed us over the edge. We got up and left to speak with the manager. He was ineffective and could only apologize, so we left. The drink wench had to come run us down to sign the check. We went to the front desk to request some extra towels and put in our wakeup knock for 6:30. It was cool out, but not very cold. I found it refreshing. When we got back to the room we found they turned down the beds, but turned the heat on. It was sweltering. I guess Africans don’t suffer ‘cold’ weather well. We turned the heat off, but there was only a small window to open for outside air. The good thing about Ngorongoro is that it’s too high for mosquitoes to live so we didn’t have to worry about them coming in the window. The best window was in the bathroom, but that smelled so we had to keep that door closed. After a few minutes we got a knock at the door with housekeeping delivering our towels, or I should say, towel. Before I could say anything the deliverer dismissed himself and he was lost in the inky darkness. My initial impression of the Ngorongoro crater was that I could spend a couple days there, not just six hours, but after staying at the Sopa I was glad that we would be leaving. Here's hoping that the Tarangire lodge wouldn’t suck like this one. Part VII to be continued... <Hugin_len> Basically, cheesy doesn't have awful taste in music, he's simply very white.
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cheesy is going for the longest actual post of the site's existence award. |
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Awesome. It sounds like this lodge is pretty sucky, was it cheaper than the others you stayed at, or was this just bad luck? Actually, the liberalism of the media - as a general thing - IS a major fallacy. What the media is, is a whore. -LP Johnsen Family
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This was pretty sucky. I don't know if it was cheaper than the other Sopa we stayed at, but it has to be cheaper than the first two. We booked it as a package and the costs weren't broken down for us so we don't know exactly how much each thing cost. If I was going to do it all over again I would avoid the Sopa lodges and stay at the Serona ones, except in Tarangire I would opt to stay at the Tarangire Treetops. <Hugin_len> Basically, cheesy doesn't have awful taste in music, he's simply very white.
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I kind of hope Cheesy is just making all this up so he can kick Joker out of position of Most Third World Troll. - words and stuff -
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#1011 by bishop cheesy is going for the longest actual post of the site's existence award. I don't think mcgrew's old record is in any danger of even remotely being challenged. And there used to be a way to stick it to the Man. It was called rock 'n roll, but guess what, oh no, the Man ruined that, too, with a little thing called MTV!
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You just wait, those stats will be ready soon*. *Not soon. Lady, people aren't chocolates. But you know what they are, mostly? Bastards. Bastard-coated bastards with bastard filling.
Blog. 203 lbs. 23 to go. |
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Right after the pictures, probably. |
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I scrollwheeled but the word "buttocks" jumped right out of the screen at me. |
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I scrollwheeled and saw sopa but thought bago. Democracy is the theory that the common people know what they want and deserve to get it good and hard.
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There's a new armadillo update for those who care. I have the suspicion Carmack is recreating one of those 1930s' science fiction sets. 2005 TOTY 10000 badge winner and proud carrier.
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I thought this pic was quite funny. |
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Aww, I thought you meant an Armadillo Run update. "Games are not novels, and the ways in which they harbor novelistic aspirations are invariably the least interesting thing about them." - Steven Johnson
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Why, is there an Armadillo Run update? Actually, the liberalism of the media - as a general thing - IS a major fallacy. What the media is, is a whore. -LP Johnsen Family
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I didn't even know there was such a thing as Armadillo Run until now. Looks groovy. Apparently an OSX port is in development. |
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It's fun, I was hoping Bob was talking about a new version or something. Actually, the liberalism of the media - as a general thing - IS a major fallacy. What the media is, is a whore. -LP Johnsen Family
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I was hoping Anonymous was talking about a new version. "Games are not novels, and the ways in which they harbor novelistic aspirations are invariably the least interesting thing about them." - Steven Johnson
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This seems as good a place as any to ask: My wife's business is named the Groom Stop. It was named as much due to its location in the heart in the historic, downtown area it's located. A new business, a restaurant, is coming in next door. They just put up their signage. They have named their business The Whistle Stop. Not only is this retardedly confusing, but I feel it dillutes her branding and can lead to a loss of business or, at least, mind share. What a collosally stupid thing for them to do! Do you think there might be legal grounds? |
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...the heart of... |
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I do think you have legal grounds, big time. What bastards. Maybe G-Man can help out here but if I'm not mistaken, there are these red octagonal signs all over the place which also say Stop on them. I believe they are put up by the government. though I have never seen it being done. I would make an appointment with a lawyer right away, I imagine you could sue for millions maybe even billions in brand dilution damages as well as mental anguish. |
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They're five feet away from us and have half the same name. This certainly is annoying at the very least. |
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I agree it is certainly rude. I don't think you have much of a legal case though. Your best bet is probably through old time Ray style intimidation and badgering. How many people call your wife's place up asking about tuxedo rental? |
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How many people call your wife's place up asking about tuxedo rental? Never happened. I was trying to go legit on this one and avoid the face-slamming rhetoric. |
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I'm imagining a conversation about this between Mrs Px and the Fucko who did this. "But... but... you don't even sell whistles!" "You don't sell grooms!" "GAH!" /killfrenzy |
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But, you are such a skilled rhetor. |
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Unless the restaurant actually sells whistles, which would completely nullify any legal case. |
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Well, the first best step would be to avoid the lawyers and try a friendly face to face chat. If they rebuff you then talk to a lawyer. <Hugin_len> Basically, cheesy doesn't have awful taste in music, he's simply very white.
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Well, obviously. Knowing the area, though, and the fact that they've already put their signage up (not cheap to do), I think a chat won't help. That's why I figured I'd see if there was a G-Man in the audience today. |
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You should just get up there with a can of spraypaint and redo their signage for them. Before they order the new sign, just casually go over there and say, "Oh, my, how fortuitous an event. I was just going to come over and ask you whether you might consider a name change." Nudge them in the ribs with your elbo while saying this. If they point out that they already have business cards and stationary, burn down the building. Lady, people aren't chocolates. But you know what they are, mostly? Bastards. Bastard-coated bastards with bastard filling.
Blog. 203 lbs. 23 to go. |
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The elbo is a martial arts weapon that looks just like an elbow, but it's made out of sturdy wood. Lady, people aren't chocolates. But you know what they are, mostly? Bastards. Bastard-coated bastards with bastard filling.
Blog. 203 lbs. 23 to go. |
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I'm gonna need some gasoline... |
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Ray, you're looking at this in the totally wrong way. What you need to do is change the name on YOUR sign. Maybe to something like "I Saw Rats in the Restaurant Next Door To This Place." |
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It's a little surprising they put so little thought into their name. They have the same problem you do, however they actually had a choice in the matter. Is it possible they're slightly retarded and you'll look mean suing half-wits? Actually, the liberalism of the media - as a general thing - IS a major fallacy. What the media is, is a whore. -LP Johnsen Family
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Well, the last restaurant only lasted six months, so there IS that... |
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Jamie, I lol'ed heartily. |
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Ray said in #1027: Not only is this retardedly confusing, but I feel it dillutes her branding and can lead to a loss of business or, at least, mind share. What a collosally stupid thing for them to do! Do you think there might be legal grounds? Stop talking like a lawyer just because you read a few Wikipedia entries on trademark law. First, this isn't legal advice yada yada. Second, you have no case.* You very likely didn't register the trademark (the words as words, or the logo as an image) and use them for five consecutive years in commerce, which means you have to establish the validity of the mark first in any suit before you can recover for infringement. Incidentally, it also means that it might not even be registerable because someone else might already have registered it for a similar use. This is a problem because at best "groom stop" would classify as descriptive, so to even establish an ownership interest in the mark you would need to establish secondary meaning. This means paying for surveyors to ask local people (or some other defined market) what they think of when they hear the words "groom stop" or see your logo or whatever. That is expensive and more importantly, retarded, because nobody knows who the fuck you are and you almost certainly won't be able to establish secondary meaning. Also, trademarks are limited to specific uses. So their concurrent use of your marks isn't necessarily improper - the touchstone is whether confusion to consumers will result. Confusion is very hard to prove. See the whole bit about hiring surveyors again. In any case, my personal educated view is that you wouldn't be able to show confusion under the Polaroid factors. Neither mark is strong, there is very little degree of similarity between the two marks, and the products they are attached to are not in mental proximity (physical proximity isn't so important), so the net result is it is unlikely that any confusion would result from concurrent use. Lack of good faith on the part of the restaurant owners, even if you could prove it, wouldn't change anything. Finally, because your mark is weak you can't even try to recover on a dilution theory. And even if you could, you would lose because you have to show very similar marks (which you can't) and prove a strong likelihood of dilution (if not actual dilution). Not to mention, you would have some serious problems establishing your damages. Although it sounds like you would be happy with just injunctive relief so maybe this doesn't matter so much. * There may be some bullshit state dilution or whatever law that you might have a cause of action under. I didn't want to waste time looking but I doubt there is, or that even if there is, that it isn't preempted by federal law. Caveat emptor etc. |
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I can advise you, however, not to follow Jamie's advice. There most definitely are libel laws in your state and besides, most people probably wouldn't get it. |
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Oh, shit, I'll have to take down the sign I just made that called them all rapists. I'm not a total moron. Thanks for the reply, though. I appreciate it. I'm reading it over and sending it along to the missus. I assumed a lot of what you wrote was likely the case, but it still irks me that this place had so little foresight. Whatta buncha maroons. Aside from loss of business, the rest of my statement is design/marketing terms as well. I didn't read up on it at all. |
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Hey, just doing my job. You keep cranking out "art" of dubious value and I'll keep issuing armchair "legal advice" of questionable worth. |
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Haha, sounds like a plan! |
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Have you talked to them at all? Maybe they thought they were being cute. |
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They named their restaurant Whistle Stop? That's like naming a bar "Cheers". Is it frequented by hobos? |
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They aren't open yet. The possibility of hobo patrons is entirely in the air. |
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Enh, I'd talk to the owners about some kind of mutual promotional material thing. Some kind of signage or business cards or whatever for you in their place and vice versa. You're not actually competing for customers, so there's no point going to war. |
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Merge and conglomerate. |
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I hope a tool store opens up next door which calls themselves Stop Hammertime. |
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I should have figured G-Man would side with the evil corporate interests of The Whistle Stop. Fucking big time lawyers Lady, people aren't chocolates. But you know what they are, mostly? Bastards. Bastard-coated bastards with bastard filling.
Blog. 203 lbs. 23 to go. |
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Ray- How is the wife's shop doing, anyway? I watched Aliens, and I didn't even get a lousy t-shirt.
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I'm not really seeing the problem. They probably thought they could trade on any name recognition you guys may have and get there restaurant going a little faster. But it's not like they're actually competing with you. If someone came in, opened a doggy barber called the Groom Stop Awesome Edition I could see your point. But just having two Stops on one corner isn't a big deal. Hugin's on the right track with mutual promotion. People eating while their dog gets its highlights done seems like a natural partnership. See if you can't direct some customers each other's ways. |
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That's a good point, Shadarr. Maybe a lunchtime promotion or something. I watched Aliens, and I didn't even get a lousy t-shirt.
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