Oops, left off my closing argument: http://markets.ft.com/research/Markets/Tearsheets/Summary?s=IB.1:IEU (May have to change view to 3 or 5 days to see the recent trend) There is no spike in the price at the time of the tweet, and the only rise for the first part of the day was correcting for the previous day's downturn at the end. Once again, no story.
"Front-month Brent crude prices rallied from $110.40 a barrel at 10:20 a.m. EDT -- just before the Tweet -- to as high as $111.50 just after 11 a.m., as trading volumes rose. By 1 p.m. oil was up $2.68 a barrel to $111.74, its highest in a month."
If at one point was up 2.68 to 111.74, then it opened at 109.06. Further, if trading opens at 9am, then in the first hour - BEFORE THE TWEET - it was up 1.23%. In the hour after the tweet, it went up almost exactly 1%. In other words, there is absolutely no evidence to suggest that the tweet had any effect on the prices.
This seems like a 'blame the scary technology' article more than any real story. See also
Agree with this.
I'm certainly no fan of trademark bullies, but this is almost EXACTLY the sort of case trademark law is actually useful for.
Similar name, chosen specifically to evoke the good reputation of the larger company.
If somebody were to have a bad experience, or get sick from poor quality control (expired goods), it poses a risk of coming back on TJs.
Obviously the venue is a problem, and this could be handled more simply by refusing to sell to the guy, but brand confusion is the whole point of TM.
...in this day and age when you need a team of lawyers and judges to determine what the meaning if 'is' is. The greatest tragedy in all this, to me, is that a handful of old guys can sit around and pat themselves on the back for coming up with a legal parsing of 'Expectation of Privacy.'
If anything, the reaction to all this has shown that the people - drum roll please - expect privacy.
Consent of the Governed my ass.
The calls for him to get fired are coming from the people who bought overvalued Facebook stock. Those people are now, essentially, Ebersman's bosses.
To continue your analogy above, selling the painting for $10 billion to somebody who can only get $5 billion on resale seems like a great idea until you realize that not only did you sell a painting, you took the job to act as the agent promising to resell it later for more.
He should take his (considerable) payday, and move on.
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