Wednesday, May 21, 2008

I am not sh*tting you

So we sat down to watch our TiVo'd "American Idol" results show. Just as Ryan Seacrest was about to announce the winner, I told my husband, "I don't think there's enough time." He's like, "What do you mean?" I said, "Well, it says '1:59', so if Ryan doesn't tell us, TiVo's going to cut out." He's like, "No, it won't." I said, "It's going to be, 'David....' and then we won't know!"

So Ryan says, "The winner of American Idol is.... David..."

Ding!

TiVo cuts out.

We burst out laughing.

My husband said, "Do you know how many TiVo users who taped this are screaming, "NOOOOO!" at their TVs right now?

So I went online, naturally.

And now I know who won.

And on to tomorrow, which starts my truly favorite time of the year: "So You Think You Can Dance" premieres!

But, of course, I'm going to be at dance class.

I guess I'll have to.... TiVo it!

Tuesday, May 20, 2008

Coochuleta!

It's David vs. David! I wouldn't call myself a die-hard "American Idol" fan, but even this competition has my husband interested. Will it go to experience or baby-faced innocence?

Edit on Wed. 5/21: Check out Defamer's take on the battle - if even just for the title and the reader comments.

Monday, May 19, 2008

"Baby Got Back" is NOT one of the tracks

Ever since we got Colin his MP3 player for kids, he's been listening to music - at a responsible volume, at appropriate times - and remembering to turn it off when he's done. (We enjoy this now, as we're sure it will end.)

But he is very particular about his music.

I tried loading some "childreny" music on there, like the free Baby Einstein CD I had, or the "Linus and Lucy" theme... but no. Results ranged from, "Mommy, that not my song," to trying to kick the table. He only responded positively to pretty much straight-up rock and alt-rock songs... and a little R&B and Cajun music.

His current playlist includes:

"Charm Attack" by Leona Naess
"Here Comes the Sun" by the Beatles
"Caring is Creepy" by the Shins
"Float On" by Modest Mouse
"Big Me" by the Foo Fighters
"J'ai vu le loup, le renard et la belette" by the Balfa Brothers
"Feel Good, Inc." by Gorillaz
"Use Me" by Bill Withers

I still need to buy a non-iTunes version of "Soul Meets Body" by Death Cab for Cutie - one of his favorite songs - because iTunes files won't play on the MP3 player.

Don't worry - when I was three, I doubt I would have known what "And he numbs himself with weed" meant. At that age, I was listening to the "Grease" movie soundtrack endlessly ("And no customer would go to you unless she was a hooker!"), as well as the soundtrack to the Broadway hit "A Chorus Line" (including "Dance 10, Looks 3", which has a chorus I can't even mention here, much less in polite company).

And I turned out JUST FINE!

Sunday, May 18, 2008

Toddler talk RULES!

Two days ago, Colin and I had this conversation (with my name listed as "someonesmom" here for blogging purposes) as we were doing an alphabet puzzle:

Me: What's Mommy's name?

Colin: Someonesmom.

Me: That's right! What letter does "someonesmom" start with?

Colin: S!

Me: Good! What's Daddy's name?

Colin: Honey.

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Tonight, as the sun was going down and we were in the gloaming:

Colin: No more sunshine. My eyes open, but I can't see.

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Tonight, as we listened to Colin's new MP3 player for kids (which you can load with whatever music you want!) and the digital DJ announced the song's title:

Colin: I love "Charm Attack".

Me (as song begins to play): This song *is* "Charm Attack".

Colin: No, this song "Colin little".

Saturday, May 17, 2008

I feel better

Now shall I wear shorts in public?

Thanks, Mischa!

Friday, May 16, 2008

I don't know what to SAY

Oh my. Now Mattel can sue me, apparently. THIS IS FREAKIN' UNBELIEVABLE. As one of the many, many, MANY professionals who uses Super Duper Products - with great success, I might add - I am APPALLED that Mattel is doing this. Utterly unbelievable. Please read and then WRITE SOME E-MAILS!!!!

-----------------------------------
If you want to contact Mattel about the article below, here are some of Mattel's Major Investors and Board of Directors members.

p.coyne@delinvest.com Institutional Investor
james.kennedy@troweprice.com Institutional Investor
scott.powers@ssga.com Institutional Investor
lloyd.blankfein@goldmansachs.com Institutional Investor
michael.dolan@trm.com Board Member
dominic.ng@eastwestbank.com Board Member
vmprabhu@starwoodhotels.com Board Member
kwhite@ruralsource.com Board Member
dean.scarborough@averydennisonm.com Board Member

--------------------------------

Mattel Wants Small Special Education Company Super Duper Publications
to Pay $5.46 million and Stop Selling SAY Products

Apparently not satisfied with the $400,000 judgment against small special education company Super Duper Publications, Mattel Toy Company has now asked the trial court to make Super Duper pay $5.46 million dollars of Mattel's attorneys' fee and costs. This is all based upon Super Duper using the word SAY in some of its speech and language product titles.

In addition, Mattel has asked the trial court to permanently prohibit Super Duper from selling seven lines of its SAY products until Super Duper changes the names in the titles of these products to something that does not use the word SAY. If the court grants this request, Super Duper will have to destroy hundreds of thousands of dollars in special education product inventory, stop selling these products indefinitely, and spend hundreds of thousands to replace these products with ones that have new titles.

Super Duper, a publisher of special education materials, has been in a four-year long legal battle with the world's largest toy company, Mattel, over the right to use the words "AND SAY" on its educational materials. The final outcome of this case will have widespread impact on the rights of special needs and other educational companies to protect trade names on their materials against attacks from huge companies like Mattel.

Super Duper, started by Thomas and Sharon Webber 22 years ago in Greenville, South Carolina, has provided tens of thousands of autistic and other learning disabled children with helpful educational products. Since 1987, the Webbers have used the words "AND SAY" and "SAY AND" in the titles of their speech and language materials, including workbooks, card decks, and games.

In March, 2004, Mattel opposed a trademark registration the Webbers had filed for use for the name "SORT AND SAY" on a line of special education magnetic games. A year later, Mattel filed to cancel three other Super Duper registered marks , FISH & SAY, FOLD AND SAY, and SEE IT!, SAY IT!.

Super Duper then filed a lawsuit in federal court, seeking a finding that its 15 SAY trademarks did not infringe on any of Mattel's trademarks. Mattel responded by claiming Super Duper's use of these SAY marks on its special education products amounted to trademark infringement and dilution of Mattel's SEE 'N SAY electronic pull toy. Mattel asked the court to prevent Super Duper from publishing any of its materials using the 15 marks, and sought $10 million in damages.

The case recently went to trial where Super Duper showed that, unlike Mattel, it is a direct mail order seller, has no retail outlets, does not compete in the toy industry, and makes only therapy materials for highly trained professionals and parents to use with autistic and other special needs children.

Nevertheless, the trial court, ignoring the usual practice of ruling on complicated trademark issues from the bench, submitted the case to the jury. Mattel lost on two of the claims it brought against Super Duper (alleged unfair competition, and alleged fraud before the Federal Trademark Office), and also lost on its trademark and infringement claims relating to eight (8) of Super Duper's fifteen (15) SAY titles. However, the jury found that seven of Super Duper's SAY marks had infringed upon and diluted Mattel's mark. It awarded the $5.6 billion dollar (annual income) toy company $400,000 in damages.

The Webbers insist that none of their marks infringe upon or dilute the Mattel toy trademarks, and that nothing that they have done has hurt Mattel in any way. They plan to appeal the verdict to the Fourth Circuit Court of Appeals and continue to fight for the right to use "AND SAY" on their special education products.

Mr. Webber also stated that should the trial court grant Mattel's request for $5.46 million in attorneys' fees and costs, Super Duper will ask the Appeals Court to suspend collection of this sum until the appeal is heard. He further indicated that if the trial court orders that Super Duper stop selling any SAY titles, he will ask the Appeals Court to allow Super Duper to continue selling these products until the Court renders its decision on appeal.

The decision by the Appeals Court will affect all businesses in general, and educational publishers in particular, as it will spell out just how far monster-sized businesses like Mattel can use their limitless resources to try and take away everyday words like SAY from smaller companies and individuals.

Contact: Thomas Webber, Chairman/CEO attn: twebber@superduperinc.com or his cell 864.918.4373
Case Details:
Super Duper, Inc. d/b/a Super Duper Publications vs. Mattel, Inc.

CA # 6:05-1700
United States District Court for the District of South Carolina Greenville Division

Plaintiff Attorney: Steve LeBlanc of Dority and Manning, Greenville SC

Defendant Attorney: Frank Holleman of Wyche Burgess Freeman and Parham, Greenville, SC and Jill Pietrini of Manatt Phelps and Phillips, Los Angeles, CA

Tuesday, May 13, 2008

Keebler and Lucerne (Safeway) Allergen Labelling: YAY!

More progress in my search for safer foods for Colin...

I called Keebler's toll-free number. Their easy-to-follow automatic directory led me (in minimal keystrokes) to their allergen information. They list the top allergens on their label, and if there's a chance of cross-contamination (in that the foods are processed in a facility that also processes the top allergens), that is noted on the packaging as "may contain..."

This means that I can keep chocolate-covered graham crackers at school for Colin for when there are birthdays and the teacher can't give me advance warning to bring a safe treat to school for him.

Unfortunately, the ones I bought today at Safeway must go back... I didn't notice the date on them was February '08. Ewwwwwww!

Then I called Lucerne (the Safeway store brand) regarding their packaging. Hummus doesn't contain one of the top allergens, so there wasn't anything on the label. (And I'm extra careful, as Colin had a reaction when eating hummus about a year ago that was cross-contaminated - watch out for those Trader Joe's foods!) After a two-minute wait for the next customer service rep to be available, I was told that if there was a chance of cross-contamination due to processing, it would be noted on the label as, "Processed in a plant that also processes...."

Feeling relief... I "taste-tested" the Lucerne hummus for lunch... so much deliciousness and protein for just two grams of fat per serving! I'm excited that Colin will be able to eat hummus again, because he loves it!

Monday, May 12, 2008

Friday, May 09, 2008

Allergen labelling and General Foods

Thank you for contacting General Mills concerning ingredients in our products. As manufacturers and consumers, we understand your concern about potential allergens in the foods you eat. Our primary goal is to provide accurate information; and we believe this is best accomplished by referring to the specific ingredients listed on each product package. This is the most current information for your needs.

If one of our products contains any of the top 8 allergens (peanuts, tree nuts, dairy products, eggs, soy, wheat, crustaceans, and fish) or if it contains sesame, sunflower or mollusks, that ingredient is always listed in the ingredient panel, and also in bold letters just below the list of ingredients. If a product is exposed to any of these allergens in the manufacturing facility the allergen will be listed in bold in the 'Contains Statement' just below the list of ingredients. This list is your ingredient assurance for that package. It is not intended for other packaging of the same product. Ingredients may vary from one package to another due to product reformulation. If you have allergy concerns, please read each package ingredient panel.

We hope this information helps you. You may also want to contact the Food Allergy & Anaphylaxis Network (FAAN) at 1-800-929-4040, or visit their web site at www.foodallergy.org. Although they cannot provide specific ingredient information regarding a particular product, they are a good resource to help in the management of your allergies and sensitivities.

We appreciate your interest. Please contact us again with any further questions or comments.

Sincerely,

Katie Gafler
Consumer Services

Tuesday, May 06, 2008

General Mills and Ghirardelli: Allergy Labelling Heroes!

As I prepare to make six gajillion cupcakes for Colin's birthday party next month, I was already feeling wan and tired thinking about doing them all from scratch.

So I perused online stores and found Cherrybrook Farms... peanut/nut-free mixes!

But I like to order online only as a last resort. So I went to the supermarket to see what I could see.

Ghirardelli clearly marks "Contains: Wheat, soy. This product is manufactured on machinery that also processes peanuts and tree nuts." So that's out... (but thanks for the great allergy labelling!)

Betty Crocker products had the "Contains wheat and milk ingredients" printed, but none of the cross-contamination info. So I gave General Mills a call.

The nice customer service rep said that they do not take any risks, so if there's even the smallest chance that there might be cross-contamination, they put it in the bolded "contains" area of the packaging. In addition, they work closely with FAAN, and will send to allergic consumers any information about changes in their products that influence allergen ingredients.

So Colin will get Betty Crocker cupcakes for his birthday party.

According to Hershey's website, they are so worried about cross-contamination that they process their nut-free products in a different facility. But I'm going to give them a call before I use any Hershey's Chocolate in anything...

Monday, May 05, 2008

Quoth Beyonce: Uh-oh, uh-oh, uh-oh, OH NO NO

So now I've gotta be careful as to which songs I sing as I go about my daily chores.

This morning, while eating breakfast, Colin started singing (as he often does). But this time, he sang this ditty:

"Bum, bum bum, she freak in da nose..."

Which roughly translates as "Bum, buhda bum, bum, BUM bum - she's freaky and she knows it..." - a.k.a. Justin Timberlake's "LoveStoned".

I can't help it! It's catchy! It got the theme song for "Johnny and the Sprites" out of my head!

But everyone knows that Colin's favorite JT song is "Rock Your Body", anyway.

Saturday, May 03, 2008

Portrait of an allergic kid at a birthday party



Colin went to his best friend's birthday party, which was held at one of those kids' gyms. He saw everyone else's cake, pointed and said, "I want... pancake." (Can you tell he doesn't eat a lot of sweets?) I said, "Hey, remember what we made last night? I brought your chocolate chip muffins!" He said, "Yeah, I want choc chip muffin." So he sat down and ate with the rest of the kids, and had the same juice as everyone else. I even brought him some light whipped cream as "dipping sauce". He ate everything right up, wiped his mouth and hands, then went back out to play.

Now why, you might ask, did I not make cupcakes, so they'd be more similar to the cake the kids were eating? Because when I told him, "Hey, Colin, we're going to make cupcakes to take to Gunnar's birthday party," he said, "No - I want muffins." So we made Oatmeal Banana Applesauce Chocolate Chip Muffins - his favorites! And yes, he helped me put all of the ingredients in the bowl and everything. He was completely part of the process!

And at the party, not one kid said, "Why don't you have cake?" (They're only three years old, of course - I know that the teasing is coming, though hopefully it will never come to this.) Not one parent mentioned it. It was obvious that he was not eating cake, but he was not left out by any means because I had come prepared, and shown Colin how to prepare himself. Yet everyone had the courtesy to not single him out.

THANK YOU!

Friday, May 02, 2008

Can you smell what the mom is cooking?

Colin (completely seriously, while eating my Chicken Tortilla Soup): Mommy, I like soup. I eat soup, I get taller. Now I almost 22.