Nine Little Foot Tattoos and a Prayer for Peace

It is embarrassing to admit, I don't remember the name of today's contributor.

Normally, regular readers may know, I'm a bit more diligent about contributors to the site, but in this case, Z, as I will refer to her, gave me her card, which included her email address and website (she's an artist that works mostly in oils), and I subsequently put it somewhere safe. So safe, I forgot where.

In other words, I lost it.

But let's talk about how I met Z and came to know her tattoos.

Fate spilled me out on the 36th Street platform in Brooklyn. An express train (N) came before the local, so I hopped on, with the intention of riding to 59th, one stop away, and then grabbing an R train.

Standing on the N, I looked down and saw a tattooed foot. Not your normal tattooed foot, with a rosary (like this one), or flowers, or whatnot, but a foot with tattooed marks on it. Just the right foot. The left foot was bare, although there were symbols circumnavigating the calf, just above the ankle.

As luck would have it (Luck loves Tattoosday), Z exited the train at 59th Street and I started talking to her on the platform.

We both caught the R and talked tattoos all the way to 95th Street. Upstairs, at street level, I snapped some photos.

This is her foot:


Up close, one can see that the marks are ants.

Z grew up in New Orleans and always remembers the big, black ants that scurried about.

One day, she was bored, and drew some ants on her foot with a Sharpie. She went several days with her foot be-speckled by these ants, and they grew on her. She wandered into Cherry Bomb Tattoo in Brooklyn, and had them permanently tattooed.

There are nine ants in all.

The following tattoo is above her left ankle:


The Tibetan prayer is "om mani padme hum". She told me that this is the prayer for universal peace.

Thanks to Z for sharing her tattoos with us here on Tattoosday!

UPDATE: It took a while, but our paths crossed again, on July 2, 2010, I was hanging outside of the laundromat near home when I saw a woman with black spots on her foot crossing the street across the avenue from me. When I saw the ring of Tibetan around her left ankle, I knew it was the same person. I scurried across the street and re-introduced myself. The subject formerly known as "Z" is actually named Jeanette, and I was finally able to update this post, with her proper name attached.

RCDs get a "pick up" from MARQUES

One of the highlights of this year's MARQUES Conference was the workshop by Class 99 contributor David Stone, "Design: pick up where trade marks leave off". The format of the workshop was simple but effective. First David took the workshop participants through the main features of registered Community design (RCD) law regarding registration and scope of protection. Next, dividing the room into in-house legal teams, he gave each an item and asked the team to come up with two Community trade marks and six RCDs to protect it. Then he gave each team the lookalike product against which their theoretically protected product had been matched in recent litigation and asked them to confess as to whether their advice on registration had beenadequate to protect their product against the lookalike.

Right: Pimm's v Pitchers revisited

Although some of the products involved were alcoholic beverages the exercise was a sobering one. For one thing, you soon get the idea as to which players do the work in their offices and which do the social networking. More to the point, the exercise demonstrated how much the protection conferred by the RCD can be likened to a sort of lottery, since so much is dependent on guesswork. The manufacturer of the original product doesn't know which features of his product a me-too maker will borrow, and the lookalike producer doesn't always know which features of his target have been protected, since publication of the RCD may have been deferred.

Left: WIPO design chief Gregoire Besson watches the workshop with detached amusement

My feeling is that the "what shall we protect?" exercise is done best where the in-house team starts off by pretending it's on the other side and asking how close it can get to the original product without risk of legal action, then work backwards towards a design and trade mark registration policy. But that's another matter ...

Cenk's Skeleton Tattoo Pays Homage to Yukio Mishima and St. Sebastian

I met Cenk where I meet so many Tattoosday volunteers, outside of Penn Station on the plaza adjacent to Madison Square Garden.

He shared this, one of his four tattoos:

This is an interpretation of the depiction of St. Sebastian, as seen by the Japanese author Yukio Mishima, one of Cenk's favorite writers. A variation of the St. Sebastian imagery graced one of the many covers of Mishima's Confessions of a Mask:


Mishima even posed for a publicity photo as the martyred St. Sebastian:


This piece was tattooed by Myles Karr at Saved Tattoo in Brooklyn. According to his website, he has since left Saved, and opened Three Kings Tattoo Parlor. Mr. Karr's work has appeared previously on Tattoosday here and here.


Thanks to Cenk for sharing this tattoo with us here on Tattoosday!

Alexandra's Tattoo Asks "Whoooo ... Are ... You?"

I was walking through Penn Statiom in late August, when I stopped dead in my tracks after spotting this tattoo on the upper right section of Alexandra's back:


Tattoos are interesting to me, to begin with, but when they illustrate a work of literature, I am pleased to no end, even if the work in question is not necessarily one of my favorites.

One need not have read Lewis Carroll's classic Alice's Adventures in Wonderland to recognize that this tattoo is based on that seminal work.

Initially, Alexandra shared a bit with me. She just moved to New York from Orlando, and is a big fan of literature, in general. She is "infatuated" with the story of Alice, and the "trippy, unique" universe of Lewis Carroll.

The scene depicted is Alice's encounter with the caterpillar, from the Disney movie, Alice in Wonderland. The caterpillar asks Alice, "Whooo ... are ... you?" This could be an innocent question, but Alexandra notes that this is also a basic philosophical question about humans, in general. Thus, the "W" formed by the smoke from the caterpillar's hookah, represents that seminal question, "Who....?"



In the weeks since I met her, Alexandra has become a fan of Tattoosday, and has shared more, including some photos of the tattoo in progress. She also elaborated a bit more about the whole experience of getting this, her first tattoo.

She directed me to this link here, where she blogs about her tattoo. She added to this, by telling me, via e-mail:

"I was actually scheduled to go and get the tattoo with another popular artist in the [Orlando] area, and was with a group of friends, one whom wanted to get her tattoo touched up. The artist I was trying to work with gave me a bit of the brush off, so we were told to come back later. So we headed down the road and found Fine Ink Studios. Barnett, the owner, had literally set up shop just 5 days prior. While my friend Ashlie was asking about her Fleur de Lys tattoo, Barnett had asked what I was going to leave to get. I told him about the caterpillar, and as professional as possible he told me, "Just so you know, I'd reeeeeally love to do that for you." I went back to the other store, something went wrong, and I decided to leave and go back to Barnett! Happy days, it turns out Barnett had ALSO been employed by Disney and actually had worked on the animation for the film Aladdin. That really sold me, and it was such an amazing 2 and a half hours. I spent the entire time singing Disney songs as loud as I could to get through the pain :)"

Thanks much to Alexandra for sharing so much about the tattoo. Welcome to the Tattoosday family!

Mike's Amazing Back Piece

I had just exited from the subway station in Bay Ridge when I spotted an extremely-inked couple.

I talked with both of them, but Mike was gracious enough to share this phenomenal back piece:


Mike, a musician, has been on the receiving end of the tattoo machine for many years. He is currently lead singer/bassist for The F.T.W.'s, a New York-based rock band.

He even speaks nostalgically about the mid-90's, when tattooing was still illegal in New York City. He has a critical eye and like many people with a commitment to old school tattooing, is dismayed by the skyrocketing popularity of the art, and the subsequent deterioration of the overall quality of tattoos.

For every great tattoo you see here on Tattoosday, there are two dozen others that were inked because they are trendy, and not out of appreciation of the art.

We had a lengthy discussion about this and I worried he might not be so down with the site because I don't always feature top quality tattoos, and am oftentimes just as interested in the story behind an average tattoo as I am in a convention-quality piece.

As for Mike's back piece, he credits Miss D'Jo at the fabulous Lark Tattoo in Westbury, New York for the creation of this gigantic tribute.

See other work from Lark on Tattoosday here.

Mike spoke of a friend and tattoo artist, Chris Lewis, who committed suicide many years ago. Chris had given Mike a knife as a gift, and after his friend passed, Mike had this quasi-memorial back piece done. The knives in the tattoo are modeled after the blade in question.

The detail in this gigantic tattoo is simply phenomenal. Just take a look again at the handiwork on the knives:

Much thanks to Mike and his girlfriend Amanda for stopping and talking tattoo with me. Your contribution to Tattoosday is much appreciated!!

Li's Tattoo Recalls Saint Exupéry

A tattoo means the most to the person who has endured the process.

A tattoo often represents more than what meets the eye.

I met Li along the New Jersey Transit corridor of Penn Station.

She has five tattoos, and chose this one to share with us here on Tattoosday:


What I find intriguing about this piece is that it is not abundantly clear to a stranger what it is.

Li had this tattoo based on, she said, a drawing by Jean Piaget, that depicts the author Antoine de Saint Exupéry rolling an orange along the keys of a piano.

Saint Exupéry, most notably the author of The Little Prince, is Li's favorite author.

Li told me that the writer rolled the orange over the keys, which produced a soothing noise which helped his wife sleep at night,

I could not find the drawing to which Li refers, but I did find this reference, in Saint-Exupery: A Biography, by Stacey Schiff:

At Silvia's he devised a game he called "des oranges sur le piano." By rolling one orange up and down the black keys and a second over the white he was able to produce what sounded to most ears like honest Debussy.

This tattoo was inked by Rachel, formerly of No Ka Oi Tiki Tattoo, in Philadelphia.

Thanks to Li for sharing her fascinating tattoo with us here on Tattoosday!

RCD invalidity through the cases: Rodinger writes

The September 2009 issue of the Journal of Intellectual Property Law & Practice (JIPLAP), published monthly by Oxford University Press, leads for the first time with an article on the validity of Community designs. Entitled "Community design invalidity: the issues, as viewed through the case law", it is authored by Pedro Rodinger (right) who is known to many readers of this weblog as Director of OHIM's Design Department. According to the article's abstract:

"Legal context: In 2003, Council Regulation 6/2002 on Community designs set in motion the Registered Community Design, an IP right that is relatively easy to obtain thanks to the fact that there is no ex-officio novelty examination and to the swift and fast registration procedure. According to the regulation, problems with conflicting design or other rights are solved after registration once they effectively occur. The Community legislator followed the wishes of the European industry and after more than 5 years of experience, the fairly low number of design invalidity claims seems to confirm that this decision was a good one.

Key points: So far, only six design invalidity cases have been presented to the CFI. The basic underlying concepts of the Community Design right are at the core of these cases: the concept of the informed user, the degree of freedom of the designer, the use of proofs, the conflict between designs and trade marks, etc.

Practical significance: The RCD being still a young right, the interpretation of these concepts is of utmost importance for practitioners. The article contributes to the general debate on interpretation".

It's a little-known fact that two members of the Class 99 squad-- David Musker and Jeremy Phillips -- are also members of the JIPLAP editorial team. If you are thinking of writing an article on design law and practice, whether scholarly or practical, please feel free to contact either of them with your ideas.