Al Pacino inhabits Phil Spector in Mamet’s HBO film

PASADENA, California (Reuters) – Playwright David Mamet had little interest in legendary music producer and convicted murderer Phil Spector, dismissing him as a “freak” – until he watched a documentary that shed light on a complicated personality.

Now, the “Glengarry Glen Ross” writer is bringing to HBO a movie inspired by Spector’s life that imagines his relationship with the attorney who defended him against charges of killing actress Lana Clarkson in Los Angeles in 2003.

The film, “Phil Spector,” written and directed by Mamet, stars Al Pacino as the music producer and Helen Mirren as his attorney.

When Mamet’s agent urged him to watch a documentary about Spector, the playwright said he felt he already knew enough about the eccentric producer who sported wild hair and was found guilty of murder.

“You start out saying this guy’s a freak,” Mamet told reporters at a Television Critics Association meeting on Friday.

Learning more about Spector, “you start to think, how could I be so prejudiced? The guy sounds brilliant.”

“Then you say, maybe he’s not guilty,” Mamet said.

In the TV film that debuts March 24 on Time Warner Inc-owned HBO, Mirren plays Linda Kenney Baden, who defended Spector in his first murder trial that ended in a mistrial with jurors deadlocked. He was convicted in a second trial in 2009 and is serving a sentence of 19 years to life.

Spector, now 73, revolutionized pop music in the 1960s with his layered “Wall of Sound” production techniques, working with the Beatles, the Ronettes, Cher and Leonard Cohen at the height of his fame. But for years before the trial, he had lived as a virtual recluse in a mock castle in suburban Los Angeles.

WORK OF FICTION

The HBO film starts with a disclaimer saying it is a work of fiction “inspired by actual persons in a trial, but it is neither an attempt to depict the actual persons, nor to comment upon the outcome.”

It tells how Baden became intrigued by Spector and the challenges of defending him. She considers how to raise reasonable doubt in the minds of the jury while the defense team wrestles with whether Spector should take the stand.

As his attorneys consider that Spector might hurt his own cause, Spector reminds them of his accomplishments. In one scene, he tells Baden: “The first time you got felt up, guess what? You were listening to one of my songs.”

The real-life Baden told reporters on Friday that, as Spector’s attorney, she couldn’t tell Mamet about any conversations with her client. Instead, they were left to the playwright’s imagination.

Baden said she felt the forensic evidence against Spector did not prove he killed Clarkson, who was found shot to death in the foyer of Spector’s home hours after the pair met in a nightclub. Spector denied murdering Clarkson but did not testify at either trial.

Pacino said he didn’t try to perfectly mimic the real-life music producer or meet with him, though he did watch video footage of his statements around the time of the murder trial.

“I would sit for hours just looking at Phil talking about things,” said Pacino, speaking via satellite from New York.

Mirren said on Friday her biggest challenge was finding the right tone to play a character in the unconventional world that Spector seemed to inhabit.

“It’s like a strange dream you are having,” Mirren said. “The nature of Phil Spector and the life that he lived encouraged that. He seemed to live in a permanent dream.”

(Reporting By Lisa Richwine, editing by Jill Serjeant and Philip Barbara)

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F.D.A. Offers Rules to Stop Food Contamination

The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, which has sickened tens of thousands of Americans annually in recent years.

Nicole Bengiveno/The New York Times

Checking the temperature of lettuce at an Arizona farm. Safety measures would start at farms.

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves taking action after contamination has been identified. It is a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Changes include requirements for better record keeping, contingency plans for handling outbreaks and measures that would prevent the spread of contaminants in the first place. While food producers would have latitude in determining how to execute the rules, farmers would have to ensure that water used in irrigation met certain standards and food processors would need to find ways to keep fresh food that may contain bacteria from coming into contact with food that has been cooked.

New safety measures might include requiring that farm workers wash their hands, installing portable toilets in fields and ensuring that foods are cooked at temperatures high enough to kill bacteria.

Whether consumers will ultimately bear some of the expense of the new rules was unclear, but the agency estimated that the proposals would cost food producers tens of thousands of dollars a year.

A big question to be resolved is whether Congress will approve the money necessary to support the oversight. President Obama requested $220 million in his 2013 budget, but Dr. Margaret Hamburg, commissioner of the F.D.A., said “resources remain an ongoing concern.”

Nonetheless, agency officials were optimistic that the new rules would protect consumers better.

“These new rules really set the basic framework for a modern, science-based approach to food safety and shift us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine, said in an interview. The Food and Drug Administration is responsible for the safety of about 80 percent of the food that Americans consume. The rest falls to the Agriculture Department, which is responsible for meat, poultry and some eggs.

One in six Americans becomes ill from eating contaminated food each year, the government estimates; most of them recover without concern, but roughly 130,000 are hospitalized and 3,000 die. The agency estimated the new rules could prevent about 1.75 million illnesses each year.

Congress passed the Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.

But it took the Obama administration two years to move the rules through the regulatory agency, prompting complaints that the White House was more concerned about protecting itself from Republican criticism than about public safety.

Mr. Taylor said that the delay was a function of the wide variety of foods and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.

The first rule would require manufacturers of processed foods sold in the United States to come up with ways to reduce the risk of contamination. Food companies would be required to have a plan for correcting problems and for keeping records that government inspectors could audit.

An example might be to require the roasting of raw peanuts at a temperature guaranteed to kill salmonella, which has been a problem in nut butters in recent years. Roasted nuts would then have to be kept separate from raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.

“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”

The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat bacterial contamination like E. coli, which is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.

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Shares in Jewel parent soar on report of deal

Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

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Alvarez to review domestic violence case

Cook County State's Attorney Anita Alvarez vowed Thursday to review how her office handled domestic-violence charges three months before authorities said a Cicero father killed his wife and daughter and critically injured his son in an alleged case of arson last weekend.

In a statement, Alvarez said she had "serious questions and concerns" about why felony charges were not brought against Nathaniel Beller, 29, last September after he allegedly poured gasoline in the bathtub of his Cicero apartment and threatened to kill his two children.

Last Saturday, after his release from a mental health facility, Beller is suspected of pouring gasoline on his two young children and wife, Taniya Johnson, 33, in a home on Chicago's West Side and igniting them, officials said. Killed were Beller, his wife, and Neriyah, 4, his daughter. Son Naciere, 9, was critically injured.

"This case is a horrific tragedy involving the extremely complicated and challenging crime of domestic violence and the troubling and increasing prevalence of mental illness in criminal defendants," Alvarez said. "...This matter will be reviewed in its entirety and if individuals in this office need to be held accountable for their judgment, that will certainly occur."

Cicero spokesman Ray Hanania said Thursday that Cicero police recommended felony charges against Beller after the September incident, but that the state's attorney's office decided not to pursue that.

A Cicero police report indicated that an assistant state's attorney rejected felony charges because of a lack of evidence and the refusal of Beller's wife to cooperate.

State child-welfare officials removed the children from the home and placed them with an aunt while Cicero police continued to investigate the September incident. Meanwhile, Beller was committed to a mental health facility for the next three months, and the case went to juvenile court to determine custody of the children.

jmeisner@tribune.com

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Google emerges from FTC probe relatively unscathed

SAN FRANCISCO (AP) — Google has settled a U.S. government probe into its business practices without making any major concessions on how the company runs its Internet search engine, the world’s most influential gateway to digital information and commerce.

Thursday’s agreement with the Federal Trade Commission covers only some of the issues raised in a wide-ranging antitrust investigation that could have culminated in a regulatory crackdown that re-shapes Internet search, advertising and mobile computing.

But the FTC didn’t find any reason to impose radical changes, to the relief of Google and technology trade groups worried about overzealous regulation discouraging future innovation. The resolution disappointed consumer rights groups and Google rivals such as Microsoft Corp., which had lodged complaints with regulators in hopes of legal action that would split up or at least hobble the Internet’s most powerful company.

Google is still trying to settle a similar antitrust probe in Europe. A resolution to that case is expected to come within the next few weeks.

After a 19-month investigation, Google Inc. placated the FTC by agreeing to a consent decree that will require the company to charge “fair, reasonable and non-discriminatory” prices to license hundreds of patents deemed essential to the operations of mobile phones, tablet computers, laptops and video game players.

The requirement is meant to ensure that Google doesn’t use patents acquired in last year’s $ 12.4 billion purchase of Motorola Mobility to thwart competition from mobile devices running on software other than Google‘s Android system. The products vying against Android include Apple Inc.’s iPhone and iPad, Research in Motion Ltd.’s BlackBerry and Microsoft‘s Windows software.

Google also promised to exclude, upon request, snippets copied from other websites in capsules of key information shown in response to search requests. The company had insisted the practice is legal under the fair-use provisions of U.S. copyright law. Nonetheless, even before the settlement, Google already had scaled back on the amount of cribbing, or “scraping,” of online content after business review site Yelp Inc. lodged one of the complaints that triggered the FTC investigation in 2011.

In another concession, Google pledged to adjust the online advertising system that generates most of its revenue so marketing campaigns can be more easily managed on rival networks.

Google, though, prevailed in the pivotal part of the investigation, which delved into complaints that the Internet search leader has been highlighting its own services on its influential results page while burying links to competing sites. For instance, requests for directions may turn up Google Maps first, queries for video might point to the company’s own site, YouTube, and searches for merchandise might route users to Google Shopping.

Although the FTC said it uncovered some obvious instances of bias in Google‘s results during the investigation, the agency’s five commissioners unanimously concluded there wasn’t enough evidence to take legal action.

“Undoubtedly, Google took aggressive actions to gain advantage over rival search providers,” said Beth Wilkinson, a former federal prosecutor that the FTC hired to help steer the investigation. “However, the FTC’s mission is to protect competition, and not individual competitors.”

Two consumer rights groups lashed out at the FTC for letting Google off too easily.

“The FTC had a long list of grievances against Google to choose from when deciding if they unfairly used their dominance to crush their competitors, yet they failed to use their authority for the betterment of the marketplace,” said Steve Pociask, president of the American Consumer Institute.

John Simpson of frequent Google critic Consumer Watchdog asserted: “The FTC rolled over for Google.”

David Wales, who was the FTC’s antitrust enforcement chief in 2008 and early 2009, said the agency had to balance its desire to prevent a powerful company from trampling the competition against the difficulty of proving wrongdoing in a rapidly changing Internet search market.

“This is a product of the FTC wanting to push the envelope of antitrust enforcement without risking the danger of losing a case in in court,” said Wales, who wasn’t involved with the case and is now a partner at the law firm Jones Day.

FTC Chairman Jon Leibowitz said the outcome “is good for consumers, it is good for competition, it is good for innovation and it is the right thing to do.” Before reaching its conclusion, the FTC reviewed more than 9 million pages of documents submitted by Google and its rivals and grilled top Internet industry executives during sworn depositions.

The Computer & Communications Industry Association, a technology trade group, applauded the FTC for its handling of the high-profile case.

“This was a prudent decision by the FTC that shows that antitrust enforcement, in the hands of responsible regulators, is sufficiently adaptable to the realities of the Internet age,” said Ed Black, the group’s president.

The FTC has previously been criticized for not doing more to curb Google‘s power. Most notably, the FTC signed off on Google‘s $ 3.2 billion purchase of online advertising service DoubleClick in 2008 and its $ 681 million acquisition of mobile ad service AdMob in 2010. Google critics contend those deals gave the company too much control over the pricing of digital ads, which account for the bulk of Google‘s revenue.

If Google breaks any part of the agreement, Leibowitz said the FTC can fine the company up to $ 16,000 per violation. Last year, the FTC determined that Google broke an agreement governing Internet privacy, resulting in a $ 22.5 million fine, though the company didn’t acknowledge any wrongdoing.

Google‘s ability to protect its search recipe from government-imposed changes represents a major victory for a company that has always tried to portray itself as force for good. The Mountain View, Calif., company has portrayed its dominant search engine as a free service that is constantly tweaking its formula so that people get the information they desire more quickly and concisely.

“The conclusion is clear: Google‘s services are good for users and good for competition,” David Drummond, Google‘s top lawyer, wrote in a Thursday blog post.

Google‘s tactics also have been extremely lucrative. Although Google has branched into smartphones and many other fields since its founding in a Silicon Valley garage in 1998, Internet search and advertising remains its financial backbone. The intertwined services still generate more than 90 percent of Google‘s revenue, which now exceeds $ 50 billion annually.

Throughout the FTC investigation, Google executives also sought to debunk the notion that the company’s recommendations are the final word on the Internet. They pointed out that consumers easily could go to Microsoft‘s Bing, Yahoo or other services to search for information. “Competition is just a click away,” became as much of a Google mantra as the company’s official motto: “Don’t be evil.”

Microsoft cast the FTC’s investigation as a missed opportunity.

“The FTC’s overall resolution of this matter is weak and — frankly —unusual,” Dave Heiner, Microsoft‘s deputy general counsel, wrote on the company’s blog. “We are concerned that the FTC may not have obtained adequate relief even on the few subjects that Google has agreed to address.”

FairSearch, a group whose membership includes Microsoft, called the FTC’s settlement “disappointing and premature,” given that European regulators might be able to force Google to make more extensive changes.

“The FTC’s inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators,” FairSearch asserted.

Yelp also criticized the FTC’s handling of the case, calling “it a missed opportunity to protect innovation in the Internet economy, and the consumers and businesses that rely upon it.”

Investors had already been anticipating Google would emerge from the inquiry relatively unscathed.

Google‘s stock rose 42 cents Thursday to close at $ 723.67. Microsoft, which is based in Redmond, Wash., shed 37 cents, or 1.3 percent, to finish at $ 27.25.

In a research note Thursday, Macquarie Securities analyst Benjamin Schachter described the settlement as “the best possible outcome” for Google. “We believe that the terms of the agreement will have very limited negative financial or strategic implications for the company.” Schachter wrote.

___

AP Technology Writer Barbara Ortutay in New York contributed to this story.

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R&B singer Frank Ocean cited for pot possession

BRIDGEPORT, Calif. (AP) — Grammy-nominated R&B singer Frank Ocean is facing a marijuana possession charge after police say he was pulled over on New Year’s Eve in California’s Eastern Sierra Nevada for driving more than 90 mph in a 65 mph zone.

The Mono County Sheriff’s Department says officers stopped Ocean’s black BMW at about 4:30 p.m. Dec. 31 as he was heading southbound on U.S. 395.

Sheriff’s spokeswoman Jennifer Hansen says a strong odor of marijuana wafted out as a deputy approached the vehicle.

Hansen says the deputy found a small bag of marijuana on the 25-year-old Ocean, whose legal name is Christopher Breaux (broh).

She says the Beverly Hills resident was cited for marijuana possession and released.

Calls and an email message sent to Ocean’s representatives Thursday were not immediately returned.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Brunswick to sell Hatteras, Cabo, lays off 105

The GT63 is the latest model of motor yacht from Hatteras, a unit of Brunswick Corp. (Hatteras Yachts / January 3, 2013)

Reuters

5:49 p.m. CST, January 3, 2013

Recreational boat maker Brunswick Corp. said Thursday that it is seeking buyers for its sportfishing convertible yacht brands Hatteras and Cabo, and that it laid off about 105 workers at its New Bern facility in North Carolina.

The facility had about 545 employees as of November.

Brunswick bought Hatteras for $80 million in 2001 and Cabo for $60 million in 2006.

"The current plan assumes that the eventual purchaser will retain both the physical plant and the workforce of Hatteras/Cabo," Chief Executive Dustan McCoy said.

Hatteras builds luxury motoryachts and sportfishing convertible yachts.

The boat maker suffered a slide in earnings as consumers turned away from splashing money on luxurious items like boats after the recession, and was forced to restructure its operations.

The lay off will affect 75 full-time and about 30 temporary workers, and help Brunswick "better adjust to market conditions," spokesperson Dan Kuberan told Reuters.

The New Bern plant makes Hatteras and Cabo Yachts.

The company said it expects to record charges of between $70 million and $80 million in relation to the changes announced today, a major part of which will be recorded in the fourth quarter ended December.

Brunswick shares were marginally down at $31.37 in trading after the bell. They closed at $31.51 on the New York Stock Exchange on Thursday.

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Chicago man charged in estranged wife's slaying in Munster

A Chicago man with a history of domestic violence arrests has been charged with the murder of his estranged wife in Munster, Ind., early New Year’s Day, authorities said.

Margarito Valdivia, 44, of the 10800 block of South Troy Street, is being held without bail in the slaying of his estranged wife, Erica Valdivia, 33, early on Tuesday, Munster Police said in a news release this afternoon. The attack at a home in the 800 block of Boxwood Drive in Munster also injured Erica Valdivia’s boyfriend, police said.

Erica Valdivia, whom the Lake County coroner’s office said suffered blunt force trauma to the head in an apparent homicide, had been separated from her husband for about four months, according to police.

Margarito Valdivia is believed to have driven to the Boxwood Drive home early Tuesday, gone in and confronted his wife and her boyfriend, police said. He hit the boyfriend in the head “numerous times” as he drove the boyfriend from the home, police said in the release.

Once the boyfriend was outside, Margarito Valdivia went back into the home and began beating his wife, police said.

Police were called to the Boxwood Drive home about 5:45 a.m. Tuesday and found the boyfriend outside with a severe cut to the head. Officers tried to go into the house, but were at first unable to, as Margarito Valdivia had barricaded himself inside. After a SWAT team was called, police sent a remote-controlled robot into the home, and he surrendered.

Police entered the home and found Erica Valdivia lying in a bathroom, with “major trauma” to the head, including her face, police said. She was taken to Community Hospital in Munster, where she was declared dead at 10:04 a.m. Tuesday, according to the coroner’s office.

The Lake County, Ind., prosecutor’s office charged Margarito Valdivia with murder and felony battery today, police said. Court information was not immediately available, but he was being held without bail in Lake County Jail.

Court records show that Margarito Valdivia has Cook County arrests dating back to 1990, when he was arrested on a domestic violence charge and an order of protection was lodged against him. The charges were later dropped. In 1994, he was charged with domestic battery and resisting arrest and was sentenced to a year’s probation after being found guilty of the resisting arrest charge, according to court records.

In 1997, Margarito Valdivia was charged with criminal damage and having a firearm without a gun owner’s permit, and given two years court supervision following a guilty plea. A 2000 domestic battery charge was dropped, but in August 2012 he was found guilty of battery after an attack July 23 in the 9800 block of South Commercial Avenue and sentenced to a year’s conditional discharge, records show.

At the time of the battery arrest, he was still living at the same home in the 10600 block of South Avenue N that the coroner’s office listed as Erica Valdivia’s home address.

lford@tribune.com

Twitter: @ltaford

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Judge rejects part of Apple App Store suit vs Amazon

SAN FRANCISCO (Reuters) – A U.S. judge on Wednesday rejected part of Apple Inc‘s lawsuit against Amazon.com Inc‘s use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.

U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon‘s motion for partial summary judgment, which only challenged Apple’s false advertising allegations. Apple leveled other claims against Amazon, including trademark infringement.

An Apple spokeswoman declined to comment, and an Amazon representative could not be reached immediately.

Amazon has stepped up competition against Apple in recent years, launching its cheaper Kindle tablet computer to go after the dominant iPad and trying to lure mobile application developers to its Kindle platform.

One of the first public clashes in their tussle was Apple’s 2011 lawsuit.

Apple accused Amazon of misusing what it calls its APP STORE to solicit developers for a mobile software download service. However, Amazon said its so-called Appstore has become so generic that its use could not constitute false advertising.

In a legal filing last year, Amazon added that even Apple Chief Executive Tim Cook and his predecessor, Steve Jobs, used the term to discuss rivals. Cook commented on “the number of app stores out there” and Jobs referred to the “four app stores on Android.”

In her ruling on Wednesday, Hamilton wrote that the mere use of “Appstore” by Amazon cannot be taken as a representation that its service is the same as Apple’s.

“Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” Hamilton wrote.

A trial on Apple’s remaining claims is scheduled for August.

The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.

(Additional reporting by Alistair Barr in San Francisco; Editing by Tim Dobbyn and Jeffrey Benkoe)

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