Destination: Maui

A brief but enjoyable visit to Maui before the kids get back from camp provided not only relaxation but also some excellent blog fodder.

Did you know that wine is made in every state in the US?  Well, it is, and we certainly weren't about to miss Maui's Tedeschi Vineyards, despite a drive that had me closing my eyes and popping ginger candies along the way.  We learned about Hawaiian agricultural history from our engaging guide Nani, and tasted some surprisingly delightful wines, particularly the sparkling pineapple wine:

Marc is pictured here holding a bottle of it.  The sparkler bears the charming moniker "Hula O'Maui." We couldn't resist bringing a bottle home in the suitcase.

What else?  Well, one of my betes noires as a trademark attorney is the continuing ability of the National Association of Realtors to be able to convince relevant adjudicative bodies that the term "realtor" is indeed a trademark despite clear evidence that the non-real-estate-professional public uses the term generically.  Apparently the fact of the term's coinage back in 1916 wasn't even enough to convince the TTAB in the linked opinion.  Well, I was able to locate some more evidence of that genericness - in a ladies' room stall at Mama's Fish House outside of Paia:

The photo was from a 1938 Honolulu newspaper.  And I merely affected an air of supreme confidence when the other woman in the bathroom looked at me quizzically when I exited the stall.  Not everyone is a trademark geek like I am, alas.

I loved the name of this store - Endangered Pieces - but even a brief glance while stopped at a traffic light assured me that there was a reason these pieces were endangered!

On our last day, we strolled Front Street in Lahaina desperately looking for somewhere decent for lunch.  We couldn't locate our first choice, so we gave in to thirst, heat and exhaustion and plopped ourselves down at the Hard Rock Cafe.  In our defense, they were advertising ono tacos as their catch of the day special, and they were just delicious, as was the Maui Brewing Co. Bikini Blonde Lager. The hostess was kind enough to drop off this flyer advertising the logowear we could purchase there:

The oxymoronic nature of the phrase "Hard Rock Couture" was nowhere more evident than on that same hostess, who was lavishly face-painted, tattooed and pierced.  But she did carry her pen in her more than ample cleavage, which I did find quite resourceful.  I'll store that tidbit away for that day when I have my hands literally full and stowing a pen behind my ear just won't work!

Finally, a tribute to my early legal career in Seattle:

And so castles made of sand fall in the sea, eventually.  And so do vacations come to an end and kids come back from camp.  But it was a lovely stay and we'll dream of returning.  I leave you with the trip's beautiful earworm: Over the Rainbow, by Israel "IZ" Kamakawiwoʻole - which we now own on CD, thanks to Marc's winning answer in the "Guess the Midpoint of the Flight" contest on our LAX-OGG flight.



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  • 7/15/2010 3:21 PM Bob Cumbow wrote:
    But how do you know those whose ads said "Realtor" were not licensed members of the NAR? My understanding is that NAR itself coined and adopted the word precisely to distinguish its members from ordinary "real estate agents". Am I wrong about that?
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  • 7/15/2010 3:44 PM Jessica Stone Levy wrote:
    That may be, Bob, but those ads don't communicate that affiliation; plus, could Hawaiian real estate agents be members of the NAR when Hawaii wasn't even a state in 1938? This post was really my opening to rant about the term and its continuing protection.  I think the fundamental flaw in the linked TTAB decision upholding the registration of the term was the reliance on what the real estate industry thinks - an industry that the NAR has hammered with its claims of ownership.  Of course the industry recognizes the trademark nature of the term - if they don't honor it, they will get a cease and desist letter from the NAR.  I think the petitioner in this case didn't have the firepower behind it that the NAR did and was left with an attackable survey.  Ask the public - they have zero perception that the term "realtor" has trademark significance.  They just believe it's another term for real estate agent.  And that's what counts in a genericness finding.
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  • 10/13/2010 3:46 PM Fritinancy wrote:
    And then there are Realtists®, members of the National Association of Real Estate Brokers. The association was formed in 1947 by African-American RE professionals who were shut out of the NAR.
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