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*Aisle Say is updated bi-weekly. Depending upon the
variables of staff schedules, official opening dates of new
productions, and accessibility of the website's Internet service
provider, each new edition will appear in the time-window between
Sunday night and Wednesday morning. The Home Page will always display
the date of upload..
Aisle Say welcomes reader response.
or write to aislesay@aol.com
Aisle Say
is a main listing, under "Magazines" at Theatre Central the 'net's primary Guide to Web
Theatre pages.
AISLE SAY is not, nor has ever
been, nor would ever be, under any circumstances you could possibly
devise, imagine or postulate, in this or any alternate universe,
connected to or associated with the similarly titled column by Carolyn
Albert, appearing in the monthly hard copy publication Singles
Almanac
In 1996, Carolyn Albert,
plaintiff, began legal proceedings against David Spencer, defendant,
the webmaster of this 'zine, claiming trademark infringement
(specifically deliberate misappropriation and likelihood of confusion)
over the use of the phrase AISLE SAY as an identifying mark. The case
ultimately went to trial in U.S. District Court, Southern District of
New York, on February 24,1998. There was no immediate decision rendered
on that date; nonetheless Ms. Albert's claim of misappropriation
(understood as theft with conscious intent to capitalize on the
plaintiff's "good name") was dismissed out of hand. To settle the
"confusion" issue, two noble young attorneys (Eric Weinstein on behalf
of Carolyn Albert, Jon Muskin on behalf of David Spencer), were
instructed by the judge to prepare briefs.
In a decision rendered
subsequently by the Honorable John S. Martin, on August 20, 1998, the
charges brought about by Ms. Albert against Mr. Spencer were dismissed
-- and it was deemed legally proper for the AISLE SAY website to
continue using its title. Ms. Albert would, likewise, continue using
the title to identify her column; for the record, her right to do so
was never challenged by Spencer or any representative of the AISLE SAY
cyber-zine. Basically because we couldn't have cared less. Life is just
too damn short for some things. In any event, we went along for the
ride, and she had her day in court. It was worth the two grand in fees
and court costs to be rid of her. Which we, happily, remained until her
passing in 2010. Actually, we're still rid of her. May she rest in
peace.
It is worth noting that the
attorneys for both parties were obtained through the New York
City-based Volunteer Lawyers for the Arts, which is herewith
recommended to any financially qualifying person in an artistic bind
requiring legal remedy.