When I was freshly-landed in Hollywood and enamored by a number of my screen legend heroes, one of them was Wesley Snipes. At that time, he had been on a hot streak with hits like Major League, Mo’ Better Blues, Demolition Man, and Passenger 57. When his next film, Drop Zone, came out, I was living two blocks away from the famous Grauman’s Chinese Theatre. On opening night, back in 1994, I made sure I was there. The plot of Drop Zone was simple and fun. Wesley Snipes and company needed to parachute into a fortress that could not be infiltrated by land or any other means. Continue reading
Suicide can happen to anyone. Especially on the worst day of a person’s life. Experts, pundits, and all others who want to pretend that it is something that only happens to ‘other people’ say that there is a sickness or syndrome that causes a person to clock out. The truth… the real truth… is that the same person who made this claim is probably one step from the act themselves (now or in the past), but decided to mask it out of shame or superiority. I’m here to tell you that you need not feel shame about contemplating suicide, nor sympathizing for friends or family members who have decided to commit this ultimate act. Of course it is not a choice to aspire to make, or to be happy of the outcome. However, understanding the choice and sympathizing for those who consider or commit this act is most important to our humanity. Continue reading
In the early nineties I drove from New Jersey to Los Angeles by myself in order to pursue a career in stand-up comedy and screenwriting. I performed my stand-up routine about a hundred times, wrote two screenplays, and produced a well-received short film called “Spytown”. During that time, I also pursued a career in the family business: private investigations. Turns out, I found myself making a lot more money catching bad guys than making people laugh. So now, fast forward more than two decades, I’m the CEO of a successful private investigation firm and still have the bug for being an entertainer. In addition to developing a few writing projects while running my company, I’m also in the Los Angeles comedy scene performing the occasional stand-up spot. Continue reading
There are very few things more important to a company than reputation management and Roseanne Barr has inadvertently helped rewrite the handbook. I was in my early adulthood when Roseanne’s ground-breaking television show was in its prime. In its original nine year run, “Roseanne” led the charge in advocating homosexuality. Not only was “Roseanne” the first show to feature prominent homosexual characters, but she backed it up by stating that her two real-life siblings are gay.
As ground-breaking and inclusive as the show was, I never cared for it. Continue reading
You’ve probably heard of the General Data Protection Regulation (that is, unless you’ve been under a rock the last month). The GDPR is a law governing data privacy in the European Union that will be implemented on May 25th. If you’re online as often as I am, you’ve been bombarded with chatter declaring the end of the world not rivaled since the Y2K scare. Everyone who has something to gain from your fear is trying to capitalize on it. Charlatans, since the beginning of commerce, have been preying on the public’s fear of change. I’m here to tell you that there is nothing to worry about. Continue reading
Growing up as a kid in Southern New Jersey in the late-1970’s and early 1980’s, I was exposed to some of the coolest athletes of all time through the local television stations in Philadelphia and New York. I remember being in the grocery line while food shopping with my mother and, as any child, I was looking at the candy section by the cash register when I spotted the greatest candy bar of all time. Chocolate covered caramel and peanuts in an orange wrapper bearing the name and likeness of five-time World Series Champ and two-time World Series MVP Reggie Jackson. Still to this day, the Reggie Bar is the best candy bar I’ve ever had. Not just because those ingredients are the perfect combination of snackdom, but because Reggie Jackson was the first, and (in my opinion) only, personality in that era that transcended sports. One Sunday afternoon a pre-adolescent me was watching the kid’s television show The Baseball Bunch featuring the San Diego chicken. Continue reading
In 2004, I was thirty-three years old and just lost my father to suicide. That next year, I went through a period where I was trying to find myself and, in doing so, made a pilgrimage to visit my grandparents and other family who moved to Florida in recent years. I reconnected with my mom’s mom and stepfather (whom I know as “Grandmom and Grandpop Peterson”), my uncle Dave Smith and his family there in Panama City, in the Florida panhandle. As my Uncle Dave put it, “This is L.A. Lower Alabama.” This trip was exactly what I needed and I was able to recharge my batteries and become centered again. I learned a lot about myself during that time. Not only did I refresh my interest in being a better man, but I also came home wanting to become a Freemason like Grandpop and Uncle Dave. During the trip, I learned that Dave was Master of his Lodge and Grandpop said becoming a Mason was the best thing he ever did. That pretty much sealed it for me. I’m going to be a Mason. Continue reading
With all of the news stories being published in recent days about social media data and privacy, I cannot help but be reminded of a not-so-great, yet brilliantly prophetic, film of the 1990’s. Let me first set the table. I was twenty-four years old and had just moved to Los Angeles to become a stand-up comedian. Months earlier, when I was a busboy at a Jersey Shore bar, I was constantly barraged by drunks shouting “Fire Marshall Bill!” This was due to my uncanny resemblance to Jim Carrey, referencing his recurring character in the critically-acclaimed sketch comedy show of the time “In Living Color“. My resemblance to him was not the only connection. Ever since I saw Carrey impersonate the entire cast of “My Three Sons” on Johnny Carson in 1983, I was hooked. I wanted to be him. Continue reading
I run out of gas often. Not figuratively, as you might expect from a post like this. Literally. No kidding. There is almost no thrill greater to me than seeing the fuel gauge blink for days. I believe, in life, that risk is the reward. Yes, risk is the reward, and I will stand by that. For many years I drove an SUV and had only a few days mileage on a twenty gallon tank. What a thrill! I’d run out of gas at least once a year and I’d love it. Thanks to AAA, rescue was only thirty minutes away. In 2007, I decided that my impact on the environment was bugging me. I had just seen the documentary “Who Killed the Electric Car” and decided to stick it to big oil. Continue reading
One of the greatest reads in my entire life was Robert Louis Stevenson’s 19th century novella “Strange Case of Dr Jekyll and Mr Hyde“. In this, Stevenson tells the story of an attorney who is investigating the evil acts of a man who calls himself Edward Hyde. The investigation leads him to find that Hyde is actually an alternate personality of his old friend, Dr. Henry Jekyll. Since the publishing of this story, the Jekyll/Hyde concept is one of the most celebrated and imitated in all of literature. This is because it is, in my opinion, the most relevant piece of fiction in all of sociology, psychology and criminology. Ever. Without exception. Continue reading
I saw the classic Hollywood disaster film The Towering Inferno in my twenties, two decades after it was released. I watched it after I read Steve McQueen: Portrait of an American Rebel by author Marshall Terrill. In fact, after reading TerriIl’s book, I watched just about every Steve McQueen film that I had not yet seen. One tidbit from the book that I found interesting was that McQueen and Paul Newman were such fierce competitors that it led to McQueen counting the lines in the script and demanding to one-up his rival in order to flex his new-found star power by having one more line than Newman. Continue reading
Have you ever wondered where your next meal was coming from? Or where you’ll be sleeping next month? If you haven’t, you may not be a member of the contingent who can understand this blog. If you can’t relate, please do us both a favor and tune out now. If you are still here, and can think as deeply as required, let me fill you in on why I believe what I do.
I was born in South Jersey in 1970 and my mother committed suicide right after my eleventh birthday. I spent more than two decades trying to make sense of it until my father does the same. I guess to follow her down. I don’t know. But all I know is that, back in 2004, I was a man in his early thirties with major issues. Again, no pity. Just journey. Continue reading
It should go without saying that, in every situation where a crime is taking place, it is most desirable to catch the perpetrator. Doing anything else, including merely disrupting their operation, is simply a consolation. With this in mind, I find that best practices are not always laid out properly so that professionals going into this situation know how to meet the desired end. Even though I specialize in online investigations, I come from the old school and believe that those skills are sometimes a lost art in the new world of online investigations. We will always be investigating people, not their tools. If I hear another firm tell me they are “investigating a website” I’ll pull my hair out. Continue reading
Background Checks – Who are the Slytherin anyway? And why is Hogwarts teaching them the ancient and forbidden magic arts? My wife is going through the process of re-watching all of the Harry Potter films. She’s read all of the books ahead of the films, watched the films in the theater and now she has decided to see them all again. Perhaps this is in preparation of the grand opening of The Wizarding World of Harry Potter next year at Universal Studios Hollywood. Besides the first one that had Gary Oldman in it, I always encouraged Wifey to take a niece or nephew to see these movies. Mission accomplished. Somehow, though, I have a feeling I’m not going to be able to weasel out of attending the theme park. To quote a great song of the 1970s “The Things We Do for Love”. 10cc had it right. Continue reading
The Haystack Principle of Counterintelligence – Anyone who knows me or follows me online knows that I’m a pretty open person. I share almost everything I’m up to. Anyone I know (or any stranger for that matter) can experience with me my lunch, thoughts on a number of odd topics, and even what I’m doing with my dog, Chauncey. In fact, right now you can click any link on the right of this page and learn a plethora of details about my exploits, both past and present. You may say that this is bad for someone in the investigative profession. You are not alone. Overwhelmingly, security professionals of a certain level preach this concept as gospel. I’m here to tell you that, in the 21st century, “security by obscurity” is the most ludicrous method of keeping secrets. Continue reading
I have recently been asked several times by clients and colleagues about the dark web. When I began writing this article I was still debating whether I should use capitals when addressing the dark web. After a few thoughts, I decided that it does not warrant its own title. The dark web is as much a proper place as a dark alley. Before I discuss my reasoning here, I should give you all a quick synopsis of what the dark web actually is, and it isn’t what you may think. The Internet, as we know it, is a network of millions of servers that connect to one another and, as a result, catalog one anothers’ contents. This enables search engines like Google and Bing to index the information for free and resell it to their consumers for a profit, financed by advertisers. Continue reading
Welcome to ‘Fakes in Film’, the first in a new series of articles featuring counterfeit goods and trademark infringement featured in movies and television. More and more, this topic is being included in pop culture and we want to be there to show it to you. Some references will be old/retro and some will be completely new. So here goes…
One of my favorite crime films of the last decade is Ridley Scott’s epic “American Gangster” starring Denzel Washington and Russell Crowe. The film chronicles the rise and fall of real-life drug kingpin Frank Lucas (Washington) who is pursued by the flawed hero Richie Roberts (Crowe).
As a businessman I quickly connected with Lucas’ recognition of eliminating the middleman to connect directly with the supplier. He immediately doubled his profits after this step and gained respect from his peers by how he eliminated said middleman. As a crime-fighter I related to Roberts’ pure motives and focus on the prize. He wanted to stop Lucas’ criminal activities at all cost. He did.
What does this film have to do with trademark infringement? Of all films in recent years this sticks out with me the most. Frank Lucas (Washington) is enjoying the spoils of the success of his uncut heroine on the streets on 1970s New York City. What many may not recall is that he created a brand for this drug called “Blue Magic”. When a competitor began using his trademark to distribute substandard drugs, he quickly met with this individual and explained the situation to him as follows:
- “Blue Magic is a brand name; as much a brand name as Pepsi. I own it. I stand behind it. I guarantee it and people know that even if they don’t know me any more than they know the chairman of General Foods. What you’re doing, as far as I’m concerned, when you chop my dope down to five percent, is trademark infringement.”
This illustrates to me, more than the usual venues, how brand recognition is so important that it transcends even legal commerce. Brands rule, baby. They rule completely. Even though many of us spend our time trying to stop criminals from infringing on our clients’ trademarks, they too care about their own brands. Irony? yes. Another way to track them? Yes also.
Now I’m going to finish my coffee.
Tom Seaver was voted into the Baseball Hall of Fame in 1992 with a 98.8% vote on the first ballot. Even 21 years afterward, this is the highest consensus of all time. I know you’re asking, “Why does Rob Holmes, a private eye, care about a pitcher from the 70s in regard to being a private eye?” He was voted by his critics to be more qualified than anyone that came before, or after him, to be in the Hall of Fame. Back in the 1970s, when he was at his peak performance, a reporter asked him when he decided to change pitches. His response was, “I throw the same pitch until it doesn’t work no more.” This is the best business advice I have ever received. Still, after many years in business:
1. I develop an arsenal of weapons.
2. I decide which one is the best, then prioritize.
3. I strike the first bastard out.
4. I keep throwing the same pitch until it doesn’t work no more.
5. I throw another great pitch until it doesn’t work no more either.
6. Repeat until the opponent is defeated.
In investigations, or even business, this is always the case. I’ve read books written by great businessmen like Trump, Welch, Collins and the like. But the only thing that resonates with me is the “Seaver Method” that says sticking with what works is always the best thing to do. No matter what the theory is… what works is all you know. Keep at it until it don’t work no more. Then move on to the next idea. And so forth.
Here endeth the lesson.
Below is an example of what I observed:
elementId = Math.floor(Math.random() * 10001); document.writeln('
Now I’m going to finish my coffee.
During one of my strolls through the dark alleys of the web I came across another interesting black hat search engine optimization technique: branch offices for counterfeit luxury goods installed within legitimate sites. At first observation, the website I saw selling counterfeits looked like any other. But, after a closer look, the URL appeared to be much longer than the typical domain-based URL like fakestuffseller.com. Instead it looked like this: http://legitimatesite.com/includes/ice/ _vti_cnf/lib/ brand/boots/brand-boots.php. I noticed an extra directory ‘/includes/‘ that looked out of place and perhaps would not be in the normal structure of this particular legitimate website. My next step was to test my theory and delete the extra crap (/includes/ice/ _vti_cnf/lib/brand/boots/brand-boots.php) from the URL, leaving it to be simply legitimatesite.com. As I has suspected this led me to a perfectly legitimate university website.
The two questions you are asking right now are “how?” and “why?”. Allow me to enlighten you. The “how” is similar to what I explained in another recent article I wrote regarding black hat search engine optimization techniques where hackers find weaknesses (like unlocked doors) in websites whose security software is not up to date. Once that vulnerability is detected, the hacker can install thousands of his own websites within your website without your knowledge and, perhaps, for years before you even notice anything is strange. The reason they do it is so that they can create tens of thousands of websites selling counterfeits. Since this is done on a mass scale, the criminal is only minimally affected when your lawyer takes down poor old legitimatesite.com. He has an unlimited supply. Now I’m going to finish my coffee.
In the era of telecommuting and coffee shop branch offices, Facebook has replaced the watercooler, LinkedIn is the new resume and Skype is the new boardroom. Let’s face it. Your online ‘brand’ has become your most public persona. Along with the vast benefits that social media bring a new world has opened up for fraud, misinformation and brand abuse. Holmes is not only a top brand protection investigator. He is also the one-man marketing department for his firm. Combining his two passions of trademark investigations and social media, he will take you on his journey from creating his first blog, designing his firm’s website, and planning a social media strategy and then arm you with brand protection tactics that he employs for his clients. Rob gave this talk, entitled Brand Protection and Social Media in June 2012 in Dallas, Texas.
The reason the case against Megaupload founder Kim DotCom has hurt brand protection is because it has nothing to do with trademark enforcement and no one knows it. With all of the news this case is getting, the public-at-large does not know the difference between counterfeiting and piracy. There are many different kinds of Intellectual Property but only trademark was set up to protect the consumers before the content owner. The purpose of a trademark is to identify the origin of a good or service. The way this works is that, if you see my name or logo on my product, you can trust that it was made by me. Trademarks are set up as a seal of trust and quality between a manufacturer and a consumer. People who slap your favorite company’s logo on an inferior product deserve to be made to stop. By placing a company’s logo on a commercial work without permission helps dilute the brand. Even if your use is apparently harmless, they must enforce all unauthorized uses in order to be allowed to enforce the baddies. It’s the basic rule that your school teacher had when you were a child, “If I make an exception for you, I’d have to do it for all the other kids.” Copyright protection is quite different. It protects the creator or the owner. While that is still a noble cause, the difference needs to be made clearer to the public. The Copyright Act of 1790 granted an author up to 28 years of exclusive rights to his work as long as he was alive. In 1948 the United Nations passed The Universal Declaration of Human Rights which states ‘Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.’ I am citing this to make it clear that I vehemently support the protection of content. I do not, however, support the combining of these interests. Our founding fathers were careful to place copyright in the hands of the legislature (Library of Congress) and trademarks in the hands of the Executive Branch (US Patent and Trademark Office). This was no mistake.
In 1946 the United States passed the Lanham Act which prohibited trademark infringement, trademark dilution and false advertising. In 1984 the Trademark Counterfeiting Act established specific criminal penalties for the commercial use of a counterfeit trademark. Later, in 1999, the AntiCybersquatting Act was passed to prohibit the unauthorized commercial use of a trademark in a domain name. President George W. Bush made trademarks a priority when he appointed the first-ever Intellectual Property Czar, which was an undersecretary position within the Commerce Department. Of course trademark protection should be important. Our brands are exported all over the world and we rely on the reputation of those brands for more than a third of our economy. When President Obama was elected, he promoted the IPEC (Intellectual Property Enforcement Coordinator) position from undersecretary to full cabinet status. Somewhere between then and now this person with executive power has been dubbed the Copyright Czar. If the Executive Branch is granted to be in charge of trademarks and patents, why are they in the copyright business? Perhaps American corporations and our own government have been blurring the distinction between the two to make sloppy cases less noticeable. Or perhaps this is happening so that the specificity of Intellectual Property Rights becomes so unrecognizable that anyone can be prosecuted for almost anything. Or perhaps this is all just a completely innocent mix-up. Once we start to see copyright enforcement activity at the USPTO, we will know that our constitution is being ignored. Protection of all property needs to be respected, but the trademark community needs to stand alone in this fight if we want to bring trust back to the consumer.
Now I’m going to finish my coffee.