Academic literature on the topic 'Renowned trademark'

This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: "Possessing a right does not mean that it is a good idea to enforce it always, and to the hilt. Discretion may be nine parts of possession". It provides some prominent, recent examples of trademark bullying or overly-aggressive enforcement in the IP law context. These examples are mainly from other jurisdictions but they are directly relevant to some of the IP law challenges present in South Africa at the moment. The article further examines why lawyers and rights' holders engage in trademark bullying (why it's done), and start to deal briefly with some of the legal implications. A future article is to examine the legal aspects of trademark bullying in much more detail and considers its legitimacy within the context of IP law, more generally, and some other areas of law, more specifically.

Abstract The present paper studies the way intellectual property rights may encourage sustainable medical tourism, meaning the advantages that a patent, traditional knowledge, a trademark, or other IP right may offer to a hospital in order to attract foreign patients. The analysis is done trough the Institute of Gerontology and Geriatrics “Ana Aslan” case study, seen not from a medical point of view but from the perspective of the intellectual property importance for the development of medical tourism. The Institute of Gerontology and Geriatrics “Ana Aslan” was founded in 1952 and become an international renowned center in the study and the diminishing of old age effects. Many celebrities (artist and state presidents) came to receive treatment here, even though Romania had, at that time, a communist regime.

The main reason for the decline of craft guilds in Antwerp should not be sought in the labour market but rather in the product market. Apprenticeship systems, master pieces, and trademarks were conducive to a labour market monopsony but at the same time to the representation of product quality. On the one hand, product quality was legitimized through the superior manual skills of masters; on the other, it was objectified through the attribution of quality marks to the characteristics of the raw material used. This strategy was successful for the sale of the durable, expensive, luxury products Antwerp was renowned for until the first half of the seventeenth century, but economic elites and customers stopped favouring corporative regulations when demand shifted towards less expensive and more fashionable products. As guild-based skills were not necessarily superior in reality, and consumer loyalty ultimately depended upon the masters' trustworthiness, the craft guilds were bound to lose credibility.

Trademark law recognizes that the same word can mean different things in different commercial contexts. Legal protection might extend to two or more owners who use the same symbol (like Delta) to indicate different sources of disparate goods or services, such as airlines and faucets. Generally, only those uses that threaten to confuse consumers—the use of similar symbols on identical or related goods—are subject to legal sanction.
 But the law extends special protection to famous trademarks, not only against confusing use, but also against dilution: non-confusing use that blurs or tarnishes the distinctiveness of the famous mark. The result of protection against blurring is that the law treats the famous mark as if the sole proper use of the term in the commercial context is to designate goods and services from the famous mark’s owner.
 Protection against dilution extends only to famous marks, but courts and scholars apply differing standards for assessing fame. Nonetheless, the trend over time has been to treat fame as a threshold requiring both sufficient renown—the famous mark must be a household name—and relatively singular use.
 This article argues that corpus linguistic analysis can provide evidence of whether a mark is sufficiently prominent and singular to qualify for anti-dilution protection. Corpus linguistics detects language patterns and meaning from analyzing actual language use. This article draws data primarily from two large, publicly accessible databases (corpora) to investigate whether litigated trademarks are both prominent and unique. Courts and parties can consider frequency evidence to establish or refute prominence, and contextual evidence like concordance and collocation to establish relative singularity.
 Corpus evidence has some advantages over standard methods of assessing fame. Corpus evidence is cheaper to generate than survey evidence but may be equally probative. Corpus analysis can help right-size dilution litigation: A litigant could estimate the prominence and singularity of an allegedly famous mark using corpus evidence prior to discovery and better predict whether the mark should qualify for anti-dilution protection. Judges should be able to rely on the results of corpus analysis with reasonable confidence. Additionally, corpus evidence can show use of a mark over time, providing courts with tools to assess when a mark first became famous, a question that a survey generated for litigation cannot readily answer.


 
 
 Introduction It has frequently been noted that ICTs and social networking applications have blurred the once-clear boundary between work, leisure and entertainment, just as they have collapsed the distinction between public and private space. While each individual has a sense of what “home” means, both in terms of personal experience and more conceptually, the following three examples of online interaction (based on participants’ interest, or involvement, in activities traditionally associated with the home: pet care, craft and cooking) suggest that the utilisation of online communication technologies can lead to refined and extended definitions of what “home” is. These examples show how online communication can assist in meeting the basic human needs for love, companionship, shelter and food – needs traditionally supplied by the home environment. They also provide individuals with a considerably expanded range of opportunities for personal expression and emotional connection, as well as creative and commercial production, than that provided by the purely physical (and, no doubt, sometimes isolated and isolating) domestic environment. In this way, these case studies demonstrate the interplay and melding of physical and virtual “home” as domestic practices leach from the most private spaces of the physical home into the public space of the Internet (for discussion, see Gorman-Murray, Moss, and Rose). At the same time, online interaction can assert an influence on activity within the physical space of the home, through the sharing of advice about, and modeling of, domestic practices and processes. A Dog’s (Virtual) Life The first case study primarily explores the role of online communities in the formation and expression of affective values and personal identity – as traditionally happens in the domestic environment. Garber described the 1990s as “the decade of the dog” (20), citing a spate of “new anthropomorphic” (22) dog books, Internet “dog chat” sites, remakes of popular classics such as Lassie Come Home, dog friendly urban amenities, and the meteoric rise of services for pampered pets (28-9). Loving pets has become a lifestyle and culture, witnessed and commodified in Pet Superstores as well as in dog collectables and antiques boutiques, and in publications like The Bark (“the New Yorker of Dog Magazines”) and Clean Run, the international agility magazine, Website, online book store and information gateway for agility products and services. Available online resources for dog lovers have similarly increased rapidly during the decade since Garber’s book was published, with the virtual world now catering for serious hobby trainers, exhibitors and professionals as well as the home-based pet lover. At a recent survey, Yahoo Groups – a personal communication portal that facilitates social networking, in this case enabling users to set up electronic mailing lists and Internet forums – boasted just over 9,600 groups servicing dog fanciers and enthusiasts. The list Dogtalk is now an announcement only mailing list, but was a vigorous discussion forum until mid-2006. Members of Dogtalk were Australian-based “clicker-trainers”, serious hobbyist dog trainers, many of whom operated micro-businesses providing dog training or other pet-related services. They shared an online community, but could also engage in “flesh-meets” at seminars, conferences and competitive dog sport meets. An author of this paper (Rutherford) joined this group two years ago because of her interest in clicker training. Clicker training is based on an application of animal learning theory, particularly psychologist E. F. Skinner’s operant conditioning, so called because of the trademark use of a distinctive “click” sound to mark a desired behaviour that is then rewarded. Clicker trainers tend to dismiss anthropomorphic pack theory that positions the human animal as fundamentally opposed to non-human animals and, thus, foster a partnership (rather than a dominator) mode of social and learning relationships. Partnership and nurturance are common themes within the clicker community (as well as in more traditional “home” locations); as is recognising and valuing the specific otherness of other species. Typically, members regard their pets as affective equals or near-equals to the human animals that are recognised members of their kinship networks. A significant function of the episodic biographical narratives and responses posted to this list was thus to affirm and legitimate this intra-specific kinship as part of normative social relationship – a perspective that is not usually validated in the general population. One of the more interesting nexus that evolved within Dogtalk links the narrativisation of the pet in the domestic sphere with the pictorial genre of the family album. Emergent technologies, such as digital cameras together with Web-based image manipulation software and hosting (as provided by portals like Photobucket and Flickr ) democratise high quality image creation and facilitate the sharing of these images. Increasingly, the Dogtalk list linked to images uploaded to free online galleries, discussed digital image composition and aesthetics, and shared technical information about cameras and online image distribution. Much of this cultural production and circulation was concerned with digitally inscribing particular relationships with individual animals into cultural memory: a form of family group biography (for a discussion of the family photograph as a display of extended domestic space, see Rose). The other major non-training thread of the community involves the sharing and witnessing of the trauma suffered due to the illness and loss of pets. While mourning for human family members is supported in the off-line world – with social infrastructure, such as compassionate leave and/or bereavement counselling, part of professional entitlements – public mourning for pets is not similarly supported. Yet, both cultural studies (in its emphasis on cultural memory) and trauma theory have highlighted the importance of social witnessing, whereby traumatic memories must be narratively integrated into memory and legitimised by the presence of a witness in order to loosen their debilitating hold (Felman and Laub 57). Postings on the progress of a beloved animal’s illness or other misfortune and death were thus witnessed and affirmed by other Dogtalk list members – the sick or deceased pet becoming, in the process, a feature of community memory, not simply an individual loss. In terms of such biographical narratives, memory and history are not identical: “Any memories capable of being formed, retained or articulated by an individual are always a function of socially constituted forms, narratives and relations … Memory is always subject to active social manipulation and revision” (Halbwachs qtd. in Crewe 75). In this way, emergent technologies and social software provide sites, akin to that of physical homes, for family members to process individual memories into cultural memory. Dogzonline, the Australian Gateway site for purebred dog enthusiasts, has a forum entitled “Rainbow Bridge” devoted to textual and pictorial memorialisation of deceased pet dogs. Dogster hosts the For the Love of Dogs Weblog, in which images and tributes can be posted, and also provides links to other dog oriented Weblogs and Websites. An interesting combination of both therapeutic narrative and the commodification of affect is found in Lightning Strike Pet Loss Support which, while a memorial and support site, also provides links to the emerging profession of pet bereavement counselling and to suppliers of monuments and tributary urns for home or other use. loobylu and Narratives of Everyday Life The second case study focuses on online interactions between craft enthusiasts who are committed to the production of distinctive objects to decorate and provide comfort in the home, often using traditional methods. In the case of some popular craft Weblogs, online conversations about craft are interspersed with, or become secondary to, the narration of details of family life, the exploration of important life events or the recording of personal histories. As in the previous examples, the offering of advice and encouragement, and expressions of empathy and support, often characterise these interactions. The loobylu Weblog was launched in 2001 by illustrator and domestic crafts enthusiast Claire Robertson. Robertson is a toy maker and illustrator based in Melbourne, Australia, whose clients have included prominent publishing houses, magazines and the New York Public Library (Robertson “Recent Client List” online). She has achieved a measure of public recognition: her loobylu Weblog has won awards and been favourably commented upon in the Australian press (see Robertson “Press for loobylu” online). In 2005, an article in The Age placed Robertson in the context of a contemporary “craft revolution”, reporting her view that this “revolution” is in “reaction to mass consumerism” (Atkinson online). The hand-made craft objects featured in Robertson’s Weblogs certainly do suggest engagement with labour-intensive pursuits and the construction of unique objects that reject processes of mass production and consumption. In this context, loobylu is a vehicle for the display and promotion of Robertson’s work as an illustrator and as a craft practitioner. While skills-based, it also, however, promotes a family-centred lifestyle; it advocates the construction by hand of objects designed to enhance the appearance of the family home and the comfort of its inhabitants. Its specific subject matter extends to related aspects of home and family as, in addition to instructions, ideas and patterns for craft, the Weblog features information on commercially available products for home and family, recipes, child rearing advice and links to 27 other craft and other sites (including Nigella Lawson’s, discussed below). The primary member of its target community is clearly the traditional homemaker – the mother – as well as those who may aspire to this role. Robertson does not have the “celebrity” status of Lawson and Jamie Oliver (discussed below), nor has she achieved their market saturation. Indeed, Robertson’s online presence suggests a modest level of engagement that is placed firmly behind other commitments: in February 2007, she announced an indefinite suspension of her blog postings so that she could spend more time with her family (Robertson loobylu 17 February 2007). Yet, like Lawson and Oliver, Robertson has exploited forms of domestic competence traditionally associated with women and the home, and the non-traditional medium of the Internet has been central to her endeavours. The content of the loobylu blog is, unsurprisingly, embedded in, or an accessory to, a unifying running commentary on Robertson’s domestic life as a parent. Miles, who has described Weblogs as “distributed documentaries of the everyday” (66) sums this up neatly: “the weblogs’ governing discursive quality is the manner in which it is embodied within the life world of its author” (67). Landmark family events are narrated on loobylu and some attract deluges of responses: the 19 June 2006 posting announcing the birth of Robertson’s daughter Lily, for example, drew 478 responses; five days later, one describing the difficult circumstances of her birth drew 232 comments. All of these comments are pithy, with many being simple empathetic expressions or brief autobiographically based commentaries on these events. Robertson’s news of her temporary retirement from her blog elicited 176 comments that both supported her decision and also expressed a sense of loss. Frequent exclamation marks attest visually to the emotional intensity of the responses. By narrating aspects of major life events to which the target audience can relate, the postings represent a form of affective mass production and consumption: they are triggers for a collective outpouring of largely homogeneous emotional reaction (joy, in the case of Lily’s birth). As collections of texts, they can be read as auto/biographic records, arranged thematically, that operate at both the individual and the community levels. Readers of the family narratives and the affirming responses to them engage in a form of mass affirmation and consumerism of domestic experience that is easy, immediate, attractive and free of charge. These personal discourses blend fluidly with those of a commercial nature. Some three weeks after loobylu announced the birth of her daughter, Robertson shared on her Weblog news of her mastitis, Lily’s first smile and the family’s favourite television programs at the time, information that many of us would consider to be quite private details of family life. Three days later, she posted a photograph of a sleeping baby with a caption that skilfully (and negatively) links it to her daughter: “Firstly – I should mention that this is not a photo of Lily”. The accompanying text points out that it is a photo of a baby with the “Zaky Infant Sleeping Pillow” and provides a link to the online pregnancystore.com, from which it can be purchased. A quotation from the manufacturer describing the merits of the pillow follows. Robertson then makes a light-hearted comment on her experiences of baby-induced sleep-deprivation, and the possible consequences of possessing the pillow. Comments from readers also similarly alternate between the personal (sharing of experiences) to the commercial (comments on the product itself). One offshoot of loobylu suggests that the original community grew to an extent that it could support specialised groups within its boundaries. A Month of Softies began in November 2004, describing itself as “a group craft project which takes place every month” and an activity that “might give you a sense of community and kinship with other similar minded crafty types across the Internet and around the world” (Robertson A Month of Softies online). Robertson gave each month a particular theme, and readers were invited to upload a photograph of a craft object they had made that fitted the theme, with a caption. These were then included in the site’s gallery, in the order in which they were received. Added to the majority of captions was also a link to the site (often a business) of the creator of the object; another linking of the personal and the commercial in the home-based “cottage industry” sense. From July 2005, A Month of Softies operated through a Flickr site. Participants continued to submit photos of their craft objects (with captions), but also had access to a group photograph pool and public discussion board. This extension simulates (albeit in an entirely visual way) the often home-based physical meetings of craft enthusiasts that in contemporary Australia take the form of knitting, quilting, weaving or other groups. Chatting with, and about, Celebrity Chefs The previous studies have shown how the Internet has broken down many barriers between what could be understood as the separate spheres of emotional (that is, home-based private) and commercial (public) life. The online environment similarly enables the formation and development of fan communities by facilitating communication between those fans and, sometimes, between fans and the objects of their admiration. The term “fan” is used here in the broadest sense, referring to “a person with enduring involvement with some subject or object, often a celebrity, a sport, TV show, etc.” (Thorne and Bruner 52) rather than focusing on the more obsessive and, indeed, more “fanatical” aspects of such involvement, behaviour which is, increasingly understood as a subculture of more variously constituted fandoms (Jenson 9-29). Our specific interest in fandom in relation to this discussion is how, while marketers and consumer behaviourists study online fan communities for clues on how to more successfully market consumer goods and services to these groups (see, for example, Kozinets, “I Want to Believe” 470-5; “Utopian Enterprise” 67-88; Algesheimer et al. 19-34), fans regularly subvert the efforts of those urging consumer consumption to utilise even the most profit-driven Websites for non-commercial home-based and personal activities. While it is obvious that celebrities use the media to promote themselves, a number of contemporary celebrity chefs employ the media to construct and market widely recognisable personas based on their own, often domestically based, life stories. As examples, Jamie Oliver and Nigella Lawson’s printed books and mass periodical articles, television series and other performances across a range of media continuously draw on, elaborate upon, and ultimately construct their own lives as the major theme of these works. In this, these – as many other – celebrity chefs draw upon this revelation of their private lives to lend authenticity to their cooking, to the point where their work (whether cookbook, television show, advertisement or live chat room session with their fans) could be described as “memoir-illustrated-with-recipes” (Brien and Williamson). This generic tendency influences these celebrities’ communities, to the point where a number of Websites devoted to marketing celebrity chefs as product brands also enable their fans to share their own life stories with large readerships. Oliver and Lawson’s official Websites confirm the privileging of autobiographical and biographical information, but vary in tone and approach. Each is, for instance, deliberately gendered (see Hollows’ articles for a rich exploration of gender, Oliver and Lawson). Oliver’s hip, boyish, friendly, almost frantic site includes the what are purported-to-be self-revelatory “Diary” and “About me” sections, a selection of captioned photographs of the chef, his family, friends, co-workers and sponsors, and his Weblog as well as footage streamed “live from Jamie’s phone”. This self-revelation – which includes significant details about Oliver’s childhood and his domestic life with his “lovely girls, Jools [wife Juliette Norton], Poppy and Daisy” – completely blurs the line between private life and the “Jamie Oliver” brand. While such revelation has been normalised in contemporary culture, this practice stands in great contrast to that of renowned chefs and food writers such as Elizabeth David, Julia Child, James Beard and Margaret Fulton, whose work across various media has largely concentrated on food, cooking and writing about cooking. The difference here is because Oliver’s (supposedly private) life is the brand, used to sell “Jamie Oliver restaurant owner and chef”, “Jamie Oliver cookbook author and TV star”, “Jamie Oliver advertising spokesperson for Sainsbury’s supermarket” (from which he earns an estimated £1.2 million annually) (Meller online) and “Jamie Oliver social activist” (made MBE in 2003 after his first Fifteen restaurant initiative, Oliver was named “Most inspiring political figure” in the 2006 Channel 4 Political Awards for his intervention into the provision of nutritious British school lunches) (see biographies by Hildred and Ewbank, and Smith). Lawson’s site has a more refined, feminine appearance and layout and is more mature in presentation and tone, featuring updates on her (private and public) “News” and forthcoming public appearances, a glamorous selection of photographs of herself from the past 20 years, and a series of print and audio interviews. Although Lawson’s children have featured in some of her television programs and her personal misfortunes are well known and regularly commented upon by both herself and journalists (her mother, sister and husband died of cancer) discussions of these tragedies, and other widely known aspects of her private life such as her second marriage to advertising mogul Charles Saatchi, is not as overt as on Oliver’s site, and the user must delve to find it. The use of Lawson’s personal memoir, as sales tool, is thus both present and controlled. This is in keeping with Lawson’s professional experience prior to becoming the “domestic goddess” (Lawson 2000) as an Oxford graduated journalist on the Spectator and deputy literary editor of the Sunday Times. Both Lawson’s and Oliver’s Websites offer readers various ways to interact with them “personally”. Visitors to Oliver’s site can ask him questions and can access a frequently asked question area, while Lawson holds (once monthly, now irregularly) a question and answer forum. In contrast to this information about, and access to, Oliver and Lawson’s lives, neither of their Websites includes many recipes or other food and cooking focussed information – although there is detailed information profiling their significant number of bestselling cookbooks (Oliver has published 8 cookbooks since 1998, Lawson 5 since 1999), DVDs and videos of their television series and one-off programs, and their name branded product lines of domestic kitchenware (Oliver and Lawson) and foodstuffs (Oliver). Instruction on how to purchase these items is also featured. Both these sites, like Robertson’s, provide various online discussion fora, allowing members to comment upon these chefs’ lives and work, and also to connect with each other through posted texts and images. Oliver’s discussion forum section notes “this is the place for you all to chat to each other, exchange recipe ideas and maybe even help each other out with any problems you might have in the kitchen area”. Lawson’s front page listing states: “You will also find a moderated discussion forum, called Your Page, where our registered members can swap ideas and interact with each other”. The community participants around these celebrity chefs can be, as is the case with loobylu, divided into two groups. The first is “foodie (in Robertson’s case, craft) fans” who appear to largely engage with these Websites to gain, and to share, food, cooking and craft-related information. Such fans on Oliver and Lawson’s discussion lists most frequently discuss these chefs’ television programs and books and the recipes presented therein. They test recipes at home and discuss the results achieved, any problems encountered and possible changes. They also post queries and share information about other recipes, ingredients, utensils, techniques, menus and a wide range of food and cookery-related matters. The second group consists of “celebrity fans” who are attracted to the chefs (as to Robertson as craft maker) as personalities. These fans seek and share biographical information about Oliver and Lawson, their activities and their families. These two areas of fan interest (food/cooking/craft and the personal) are not necessarily or always separated, and individuals can be active members of both types of fandoms. Less foodie-orientated users, however (like users of Dogtalk and loobylu), also frequently post their own auto/biographical narratives to these lists. These narratives, albeit often fragmented, may begin with recipes and cooking queries or issues, but veer off into personal stories that possess only minimal or no relationship to culinary matters. These members also return to the boards to discuss their own revealed life stories with others who have commented on these narratives. Although research into this aspect is in its early stages, it appears that the amount of public personal revelation either encouraged, or allowed, is in direct proportion to the “open” friendliness of these sites. More thus are located in Oliver’s and less in Lawson’s, and – as a kind of “control” in this case study, but not otherwise discussed – none in that of Australian chef Neil Perry, whose coolly sophisticated Website perfectly complements Perry’s professional persona as the epitome of the refined, sophisticated and, importantly in this case, unapproachable, high-end restaurant chef. Moreover, non-cuisine related postings are made despite clear directions to the contrary – Lawson’s site stating: “We ask that postings are restricted to topics relating to food, cooking, the kitchen and, of course, Nigella!” and Oliver making the plea, noted above, for participants to keep their discussions “in the kitchen area”. Of course, all such contemporary celebrity chefs are supported by teams of media specialists who selectively construct the lives that these celebrities share with the public and the postings about others’ lives that are allowed to remain on their discussion lists. The intersection of the findings reported above with the earlier case studies suggests, however, that even these most commercially-oriented sites can provide a fruitful data regarding their function as home-like spaces where domestic practices and processes can be refined, and emotional relationships formed and fostered. In Summary As convergence results in what Turow and Kavanaugh call “the wired homestead”, our case studies show that physically home-based domestic interests and practices – what could be called “home truths” – are also contributing to a refiguration of the private/public interplay of domestic activities through online dialogue. In the case of Dogtalk, domestic space is reconstituted through virtual spaces to include new definitions of family and memory. In the case of loobylu, the virtual interaction facilitates a development of craft-based domestic practices within the physical space of the home, thus transforming domestic routines. Jamie Oliver’s and Nigella Lawson’s sites facilitate development of both skills and gendered identities by means of a bi-directional nexus between domestic practices, sites of home labour/identity production and public media spaces. As participants modify and redefine these online communities to best suit their own needs and desires, even if this is contrary to the stated purposes for which the community was instituted, online communities can be seen to be domesticated, but, equally, these modifications demonstrate that the activities and relationships that have traditionally defined the home are not limited to the physical space of the house. While virtual communities are “passage points for collections of common beliefs and practices that united people who were physically separated” (Stone qtd in Jones 19), these interactions can lead to shared beliefs, for example, through advice about pet-keeping, craft and cooking, that can significantly modify practices and routines in the physical home. Acknowledgments An earlier version of this paper was presented at the Association of Internet Researchers’ International Conference, Brisbane, 27-30 September 2006. 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The Wired Homestead: An MIT Press Sourcebook on the Internet and the Family. Cambridge, MA: MIT Press, 2003. 
 
 
 
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In the contemporary era, media spectacle organizes and mobilizes economic life, political conflict, social interactions, culture, and everyday life. My recently published book Media Spectacle explores a profusion of developments in hi-tech culture, media-driven society, and spectacle politics. Spectacle culture involves everything from film and broadcasting to Internet cyberculture and encompasses phenomena ranging from elections to terrorism and to the media dramas of the moment. For ‘Logo’, I am accordingly sketching out briefly a terrain I probe in detail in the book from which these examples are taken.1 During the past decades, every form of culture and significant forms of social life have become permeated by the logic of the spectacle. Movies are bigger and more spectacular than ever, with high-tech special effects expanding the range of cinematic spectacle. Television channels proliferate endlessly with all-day movies, news, sports, specialty niches, re-runs of the history of television, and whatever else can gain an audience. The rock spectacle reverberates through radio, television, CDs, computers networks, and extravagant concerts. The Internet encircles the world in the spectacle of an interactive and multimedia cyberculture. Media culture excels in creating megaspectacles of sports championships, political conflicts, entertainment, "breaking news" and media events, such as the O.J. Simpson trial, the Death of Princess Diana, or the sex or murder scandal of the moment. Megaspectacle comes as well to dominate party politics, as the political battles of the day, such as the Clinton sex scandals and impeachment, the 36 Day Battle for the White House after Election 2000, and the September 11 terrorist attacks and subsequent Terror War. These dramatic media passion plays define the politics of the time, and attract mass audiences to their programming, hour after hour, day after day. The concept of "spectacle" derives from French Situationist theorist Guy Debord's 1972 book Society of the Spectacle. "Spectacle," in Debord's terms, "unifies and explains a great diversity of apparent phenomena" (Debord 1970: #10). In one sense, it refers to a media and consumer society, organized around the consumption of images, commodities, and spectacles. Spectacles are those phenomena of media culture which embody contemporary society's basic values, and dreams and nightmares, putting on display dominant hopes and fears. They serve to enculturate individuals into its way of life, and dramatize its conflicts and modes of conflict resolution. They include sports events, political campaigns and elections, and media extravaganzas like sensational murder trials, or the Bill Clinton sex scandals and impeachment spectacle (1998-1999). As we enter a new millennium, the media are becoming ever more technologically dazzling and are playing an increasingly central role in everyday life. Under the influence of a postmodern image culture, seductive spectacles fascinate the denizens of the media and consumer society and involve them in the semiotics of a new world of entertainment, information, a semiotics of a new world of entertainment, information, and drama, which deeply influence thought and action. For Debord: "When the real world changes into simple images, simple images become real beings and effective motivations of a hypnotic behavior. The spectacle as a tendency to make one see the world by means of various specialized mediations (it can no longer be grasped directly), naturally finds vision to be the privileged human sense which the sense of touch was for other epochs; the most abstract, the most mystifiable sense corresponds to the generalized abstraction of present day society" (#18). Today, however, I would maintain it is the multimedia spectacle of sight, sound, touch, and, coming to you soon, smell that constitutes the multidimensional sense experience of the new interactive spectacle. For Debord, the spectacle is a tool of pacification and depoliticization; it is a "permanent opium war" (#44) which stupefies social subjects and distracts them from the most urgent task of real life -- recovering the full range of their human powers through creative praxis. The concept of the spectacle is integrally connected to the concept of separation and passivity, for in passively consuming spectacles, one is separated from actively producing one's life. Capitalist society separates workers from the products of their labor, art from life, and consumption from human needs and self-directing activity, as individuals passively observe the spectacles of social life from within the privacy of their homes (#25 and #26). The situationist project by contrast involved an overcoming of all forms of separation, in which individuals would directly produce their own life and modes of self-activity and collective practice. Since Debord's theorization of the society of the spectacle in the 1960s and 1970s, spectacle culture has expanded in every area of life. In the culture of the spectacle, commercial enterprises have to be entertaining to prosper and as Michael J. Wolf (1999) argues, in an "entertainment economy," business and fun fuse, so that the E-factor is becoming major aspect of business.2 Via the "entertainmentization" of the economy, television, film, theme parks, video games, casinos, and so forth become major sectors of the national economy. In the U.S., the entertainment industry is now a $480 billion industry, and consumers spend more on having fun than on clothes or health care (Wolf 1999: 4).3 In a competitive business world, the "fun factor" can give one business the edge over another. Hence, corporations seek to be more entertaining in their commercials, their business environment, their commercial spaces, and their web sites. Budweiser ads, for instance, feature talking frogs who tell us nothing about the beer, but who catch the viewers' attention, while Taco Bell deploys a talking dog, and Pepsi uses Star Wars characters. Buying, shopping, and dining out are coded as an "experience," as businesses adopt a theme-park style. Places like the Hard Rock Cafe and the House of Blues are not renowned for their food, after all; people go there for the ambience, to buy clothing, and to view music and media memorabilia. It is no longer good enough just to have a web site, it has to be an interactive spectacle, featuring not only products to buy, but music and videos to download, games to play, prizes to win, travel information, and "links to other cool sites." To succeed in the ultracompetitive global marketplace, corporations need to circulate their image and brand name so business and advertising combine in the promotion of corporations as media spectacles. Endless promotion circulates the McDonald’s Golden Arches, Nike’s Swoosh, or the logos of Apple, Intel, or Microsoft. In the brand wars between commodities, corporations need to make their logos or “trademarks” a familiar signpost in contemporary culture. Corporations place their logos on their products, in ads, in the spaces of everyday life, and in the midst of media spectacles like important sports events, TV shows, movie product placement, and wherever they can catch consumer eyeballs, to impress their brand name on a potential buyer. Consequently, advertising, marketing, public relations and promotion are an essential part of commodity spectacle in the global marketplace. Celebrity too is manufactured and managed in the world of media spectacle. Celebrities are the icons of media culture, the gods and goddesses of everyday life. To become a celebrity requires recognition as a star player in the field of media spectacle, be it sports, entertainment, or politics. Celebrities have their handlers and image managers to make sure that their celebrities continue to be seen and positively perceived by publics. Just as with corporate brand names, celebrities become brands to sell their Madonna, Michael Jordan, Tom Cruise, or Jennifer Lopez product and image. In a media culture, however, celebrities are always prey to scandal and thus must have at their disposal an entire public relations apparatus to manage their spectacle fortunes, to make sure their clients not only maintain high visibility but keep projecting a positive image. Of course, within limits, “bad” and transgressions can also sell and so media spectacle contains celebrity dramas that attract public attention and can even define an entire period, as when the O.J. Simpson murder trials and Bill Clinton sex scandals dominated the media in the mid and late 1990s. Entertainment has always been a prime field of the spectacle, but in today's infotainment society, entertainment and spectacle have entered into the domains of the economy, politics, society, and everyday life in important new ways. Building on the tradition of spectacle, contemporary forms of entertainment from television to the stage are incorporating spectacle culture into their enterprises, transforming film, television, music, drama, and other domains of culture, as well as producing spectacular new forms of culture such as cyberspace, multimedia, and virtual reality. For Neil Gabler, in an era of media spectacle, life itself is becoming like a movie and we create our own lives as a genre like film, or television, in which we become "at once performance artists in and audiences for a grand, ongoing show" (1998: 4). On Gabler’s view, we star in our own "lifies," making our lives into entertainment acted out for audiences of our peers, following the scripts of media culture, adopting its role models and fashion types, its style and look. Seeing our lives in cinematic terms, entertainment becomes for Gabler "arguably the most pervasive, powerful and ineluctable force of our time--a force so overwhelming that it has metastasized into life" to such an extent that it is impossible to distinguish between the two (1998: 9). As Gabler sees it, Ralph Lauren is our fashion expert; Martha Stewart designs our sets; Jane Fonda models our shaping of our bodies; and Oprah Winfrey advises us on our personal problems.4 Media spectacle is indeed a culture of celebrity who provide dominant role models and icons of fashion, look, and personality. In the world of spectacle, celebrity encompasses every major social domain from entertainment to politics to sports to business. An ever-expanding public relations industry hypes certain figures, elevating them to celebrity status, and protects their positive image in the never-ending image wars and dangers that a celebrity will fall prey to the machinations of negative-image and thus lose celebrity status, and/or become figures of scandal and approbation, as will some of the players and institutions that I examine in Media Spectacle (Kellner 2003). Sports has long been a domain of the spectacle with events like the Olympics, World Series, Super Bowl, World Soccer Cup, and NBA championships attracting massive audiences, while generating sky-high advertising rates. These cultural rituals celebrate society's deepest values (i.e. competition, winning, success, and money), and corporations are willing to pay top dollar to get their products associated with such events. Indeed, it appears that the logic of the commodity spectacle is inexorably permeating professional sports which can no longer be played without the accompaniment of cheerleaders, giant mascots who clown with players and spectators, and raffles, promotions, and contests that feature the products of various sponsors. Sports stadiums themselves contain electronic reproduction of the action, as well as giant advertisements for various products that rotate for maximum saturation -- previewing environmental advertising in which entire urban sites are becoming scenes to boost consumption spectacles. Arenas, like the United Center in Chicago, America West Arena in Phoenix, on Enron Field in Houston are named after corporate sponsors. Of course, after major corporate scandals or collapse, like the Enron spectacle, the ballparks must be renamed! The Texas Ranger Ballpark in Arlington, Texas supplements its sports arena with a shopping mall, office buildings, and a restaurant in which for a hefty price one can watch the athletic events while eating and drinking.5 The architecture of the Texas Rangers stadium is an example of the implosion of sports and entertainment and postmodern spectacle. A man-made lake surrounds the stadium, the corridor inside is modeled after Chartes Cathedral, and the structure is made of local stone that provides the look of the Texas Capitol in Austin. Inside there are Texas longhorn cattle carvings, panels of Texas and baseball history, and other iconic signifiers of sports and Texas. The merging of sports, entertainment, and local spectacle is now typical in sports palaces. Tropicana Field in Tampa Bay, Florida, for instance, "has a three-level mall that includes places where 'fans can get a trim at the barber shop, do their banking and then grab a cold one at the Budweiser brew pub, whose copper kettles rise three stories. There is even a climbing wall for kids and showroom space for car dealerships'" (Ritzer 1998: 229). Film has long been a fertile field of the spectacle, with "Hollywood" connoting a world of glamour, publicity, fashion, and excess. Hollywood film has exhibited grand movie palaces, spectacular openings with searchlights and camera-popping paparazzi, glamorous Oscars, and stylish hi-tech film. While epic spectacle became a dominant genre of Hollywood film from early versions of The Ten Commandments through Cleopatra and 2001 in the 1960s, contemporary film has incorporated the mechanics of spectacle into its form, style, and special effects. Films are hyped into spectacle through advertising and trailers which are ever louder, more glitzy, and razzle-dazzle. Some of the most popular films of the late 1990s were spectacle films, including Titanic, Star Wars -- Phantom Menace, Three Kings, and Austin Powers, a spoof of spectacle, which became one of the most successful films of summer 1999. During Fall 1999, there was a cycle of spectacles, including Topsy Turvy, Titus, Cradle Will Rock, Sleepy Hollow, The Insider, and Magnolia, with the latter featuring the biblical spectacle of the raining of frogs in the San Fernando Valley, in an allegory of the decadence of the entertainment industry and deserved punishment for its excesses. The 2000 Academy Awards were dominated by the spectacle Gladiator, a mediocre film that captured best picture award and best acting award for Russell Crowe, thus demonstrating the extent to which the logic of the spectacle now dominates Hollywood film. Some of the most critically acclaimed and popular films of 2001 are also hi-tech spectacle, such as Moulin Rouge, a film spectacle that itself is a delirious ode to spectacle, from cabaret and the brothel to can-can dancing, opera, musical comedy, dance, theater, popular music, and film. A postmodern pastiche of popular music styles and hits, the film used songs and music ranging from Madonna and the Beatles to Dolly Parton and Kiss. Other 2001 film spectacles include Pearl Harbor, which re-enacts the Japanese attack on the U.S. that propelled the country to enter World War II, and that provided a ready metaphor for the September 11 terror attacks. Major 2001 film spectacles range from David Lynch’s postmodern surrealism in Mulholland Drive to Steven Spielberg’s blending of his typically sentimental spectacle of the family with the formalist rigor of Stanley Kubrick in A.I. And the popular 2001 military film Black-Hawk Down provided a spectacle of American military heroism which some critics believed sugar-coated the actual problems with the U.S. military intervention in Somalia, causing worries that a future U.S. adventure by the Bush administration and Pentagon would meet similar problems. There were reports, however, that in Somalian cinemas there were loud cheers as the Somalians in the film shot down the U.S. helicopter, and pursued and killed American soldiers, attesting to growing anti-American sentiment in the Muslim world against Bush administration policies. Television has been from its introduction in the 1940s a promoter of consumption spectacle, selling cars, fashion, home appliances, and other commodities along with consumer life-styles and values. It is also the home of sports spectacle like the Super Bowl or World Series, political spectacles like elections (or more recently, scandals), entertainment spectacle like the Oscars or Grammies, and its own spectacles like breaking news or special events. Following the logic of spectacle entertainment, contemporary television exhibits more hi-tech glitter, faster and glitzier editing, computer simulations, and with cable and satellite television, a fantastic array of every conceivable type of show and genre. TV is today a medium of spectacular programs like The X-Files or Buffy, the Vampire Slayer, and spectacles of everyday life such as MTV's The Real World and Road Rules, or the globally popular Survivor and Big Brother series. Real life events, however, took over TV spectacle in 2000-2001 in, first, an intense battle for the White House in a dead-heat election, that arguably constitutes one of the greatest political crimes and scandals in U.S. history (see Kellner 2001). After months of the Bush administration pushing the most hardright political agenda in memory and then deadlocking as the Democrats took control of the Senate in a dramatic party re-affiliation of Vermont’s Jim Jeffords, the world was treated to the most horrifying spectacle of the new millennium, the September 11 terror attacks and unfolding Terror War that has so far engulfed Afghanistan and Iraq. These events promise an unending series of deadly spectacle for the foreseeable future.6 Hence, we are emerging into a new culture of media spectacle that constitutes a novel configuration of economy, society, politics, and everyday life. It involves new cultural forms, social relations, and modes of experience. It is producing an ever-proliferating and expanding spectacle culture with its proliferating media forms, cultural spaces, and myriad forms of spectacle. It is evident in the U.S. as the new millennium unfolds and may well constitute emergent new forms of global culture. Critical social theory thus faces important challenges in theoretically mapping and analyzing these emergent forms of culture and society and the ways that they may contain novel forms of domination and oppression, as well as potential for democratization and social justice. Works Cited Debord, Guy. Society of the Spectacle. Detroit: Black and Red, 1967. Gabler, Neil. Life the Movie. How Entertainment Conquered Reality. New York: Alfred A. Knopf, 1998. Kellner, Douglas. Grand Theft 2000. Lanham, Md.: Rowman and Littlefield, 2001. Kellner, Douglas. From 9/11 to Terror War: Dangers of the Bush Legacy. Lanham, Md.: Rowman and Littlefield, 2003. Kellner, Douglas. Media Spectacle. London and New York: Routledge, 2003. Ritzer, George. The McDonaldization Thesis: Explorations and Extensions. Thousand Oaks, Cal. and London: Sage, 1998. Wolf, Michael J. Entertainment Economy: How Mega-Media Forces are Transforming Our Lives. New York: Times Books, 1999. Notes 1 See Douglas Kellner, Media Spectacle. London and New York: Routledge, 2003. 2 Wolf's book is a detailed and useful celebration of the "entertainment economy," although he is a shill for the firms and tycoons that he works for and celebrates them in his book. Moreover, while entertainment is certainly an important component of the infotainment economy, it is an exaggeration to say that it drives it and is actually propelling it, as Wolf repeatedly claims. Wolf also downplays the negative aspects of the entertainment economy, such as growing consumer debt and the ups and downs of the infotainment stock market and vicissitudes of the global economy. 3 Another source notes that "the average American household spent $1,813 in 1997 on entertainment -- books, TV, movies, theater, toys -- almost as much as the $1,841 spent on health care per family, according to a survey by the US Labor Department." Moreover, "the price we pay to amuse ourselves has, in some cases, risen at a rate triple that of inflation over the past five years" (USA Today, April 2, 1999: E1). The NPD Group provided a survey that indicated that the amount of time spent on entertainment outside of the home –- such as going to the movies or a sport event – was up 8% from the early to the late 1990s and the amount of time in home entertainment, such as watching television or surfing the Internet, went up 2%. Reports indicate that in a typical American household, people with broadband Internet connections spend 22% more time on all-electronic media and entertainment than the average household without broadband. See “Study: Broadband in homes changes media habits” (PCWORLD.COM, October 11, 2000). 4 Gabler’s book is a synthesis of Daniel Boorstin, Dwight Macdonald, Neil Poster, Marshall McLuhan, and other trendy theorists of media culture, but without the brilliance of a Baudrillard, the incisive criticism of an Adorno, or the understanding of the deeper utopian attraction of media culture of a Bloch or Jameson. Likewise, Gabler does not, a la cultural studies, engage the politics of representation, or its economics and political economy. He thus ignores mergers in the culture industries, new technologies, the restructuring of capitalism, globalization, and shifts in the economy that are driving the impetus toward entertainment. Gabler does get discuss how new technologies are creating new spheres of entertainment and forms of experience and in general describes rather than theorizes the trends he is engaging. 5 The project was designed and sold to the public in part through the efforts of the son of a former President, George W. Bush. Young Bush was bailed out of heavy losses in the Texas oil industry in the 1980s by his father's friends and used his capital gains, gleaned from what some say as illicit insider trading, to purchase part-ownership of a baseball team to keep the wayward son out of trouble and to give him something to do. The soon-to-be Texas governor, and future President of the United States, sold the new stadium to local taxpayers, getting them to agree to a higher sales tax to build the stadium which would then become the property of Bush and his partners. This deal allowed Bush to generate a healthy profit when he sold his interest in the Texas Rangers franchise and to buy his Texas ranch, paid for by Texas tax-payers (for sources on the scandalous life of George W. Bush and his surprising success in politics, see Kellner 2001 and the further discussion of Bush Jr. in Chapter 6). 6 See Douglas Kellner, From 9/11 to Terror War: Dangers of the Bush Legacy. Lanham, Md.: Rowman and Littlefield Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Kellner, Douglas. "Engaging Media Spectacle " M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0306/09-mediaspectacle.php>. APA Style Kellner, D. (2003, Jun 19). Engaging Media Spectacle . M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0306/09-mediaspectacle.php>

This chapter considers a project from renowned architect Daniel Libeskind: a shopping mall opened in Las Vegas in 2009, deploying what have become the architect's trademark crystalline shapes. Named ‘Crystals at CityCenter’, the mall's branding derives its name and its luxury credentials from Libeskind's signature contribution. The chapter examines Crystals at CityCenter as an example of the millennial phenomenon of the ‘starchitect’-designed iconic luxury building. It explores the origins of Libeskind's architectural brand forms in the architecture of trauma in Berlin and, by contrast, the re-use of those forms in service of high-end retail on the Las Vegas Strip. In addition, the chapter argues that Crystals at CityCenter is also an example of architecture as sign — a sign of architecture referring only to itself, of architecture imagined as a luxury commodity.