CI
`
`4'!
`
`I hereby certify that this correspondence is being deposited with the
`United States Postal Service as firs! class mail in an envelope addressed
`to:
`Commissioner
`for Trademarks, P.O. Box 1451, Alexandria,
`Virgir’1iAa__223l3-1451.
`
` TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant: June Bug Enterprises, Inc.
`
`Trademark Attorney: Sonya P. Stephens
`
`Serial No.: 78/513,459
`
`Law Office 108
`
`Filing Date: January 8, 2005
`
`Mark: MAGIC JOHNSON’S
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Arlington, VA 22313-1451
`
`APPEAL BRIEF FOR APPLICANT
`
`I.
`
`INTRODUCTION
`
`Applicant appeals from the final refusal to Register the above-identified application, as
`
`set forth in the Office Action dated December 30, 2005, and respectfully requests that the
`
`Trademark Trial and Appeal Board reverse the Examining Trademark Attomey’s decision and
`
`order the approval of the application.
`
`II.
`
`BACKGROUND
`
`A.
`
`Applicant’s Mark and Services
`
`Applicant is the holding company of the intellectual property and publicity rights of
`
`Earvin “Magic” Johnson, Jr., the internationally recognized and famous former Lakers basketball
`
`star and business entrepreneur. Applicant seeks registration, on the Principal Register, of the
`
`144so0.1
`JUNBG 69903
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`llllllllllllllllllllllllllllllllllllllllllllllllll
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`11-01-2006
`U.S. Patent &TMOtcfl'M Mail RCL1 D1. #34
`
`
`
`

`
`'1
`
`word mark MAGIC JOHNSON’S for “restaurant and bar services, take-out restaurant services
`
`and catering services” in International Class 43.
`
`B.
`
`Refusal to Register
`
`In the first Office Action, dated June 20, 2005, the ‘Examining Attorney preliminarily
`
`rejected this application on the ground that
`
`the mark depicted on the drawing (MAGIC
`
`JOHNSON’S) did not agree with the mark as
`
`it appeared on the specimen (MAGIC
`
`JOHNSON’S FRIDAY’S). The subject specimen is a color photograph of the exterior signage
`
`of Applicant’s restaurant, as depicted below:
`
`
`
`The Examining Attorney based her position on the ground that “FRIDAY’S,” appearing
`
`on the specimen, was not shown on the mark on the drawing. The Examining Attorney
`
`requested that Applicant either submit a substitute specimen showing use of the mark as it
`
`appeared on the drawing, with verification that the substitute specimen was in use as of the filing
`
`date of the application, or amend the filing basis of the application to Section 1(b).
`
`Applicant
`
`filed its
`
`response on November 18, 2005, arguing that
`
`the MAGIC
`
`JOHNSON’S mark, as it appeared on the specimen, created a separate and distinct commercial
`
`impression that was readily recognized by the general public,‘particularly patrons of App1icant’s
`
`restaurant. Thus, the specimen was acceptable to establish service mark use, without resort to
`
`submitting substitute specimens. See, Response dated November 18, 2005.
`
`144800.1
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`~x
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`In response, the Examining Attorney issued an Office.Action, dated December 30, 2005,
`
`maintaining and making final her objection that Applicant’s drawing of the mark did not match
`
`the specimen because “the specimen clearly shows the unitary mark ‘MAGIC JOHNSON’S
`
`FRIDAY’S’" which was not “a substantially exact representation of the mark” depicted on the
`
`drawing.
`
`As a result of the final rejection, Applicant filed this present appeal.
`
`IH.
`
`ISSUE ON APPEAL
`
`The issue presented on appeal is whether the drawing Applicant seeks to register presents
`
`a “separate and distinct commercial impression apart from the any other matter with which the
`
`mark is or will be used on the specimen.” TMEP § 807.l2(d).
`
`IV.
`
`ARGUMENT
`
`TMEP Rule 2.51(a)(1) states,
`
`in part, that “the drawing of the trademark shall be a
`
`substantially exact representation of the mark as used on or inpconnection with the goods[.]” It is
`
`well settled that an applicant may apply to register any element of a mark if that element, as
`
`shown in the record, presents a separate and distinct commercial impression which indicates the
`
`source of applicant’s goods or services and distinguishes applicant’s goods or services from
`
`those of others. See, TMEP § 807.l2(d). See, also, Institut National des Appellations D’Origine
`
`
`v. Vintners International Co.
`Inc., 22 U.S.P.Q.2d 1190, 1197 (Fed. Cir. 1992); In Re Chemical
`
`Bank, 5 U.S.P.Q.2d 1828, 1829 (Fed. Cir. 1988) (The issue “all boils down to a judgment as to
`
`whether that designation for which registration is sought comprises a separate and distinct
`
`‘trademark’ in and of itself.,” quoting 1 J.T. McCarthy, Trademarks and Unfair Competition, §
`
`19:17 (2d ed, 1984). Applicant submits that, given the fame of Earvin “Magic” Johnson, Jr. and
`
`the MAGIC JOHNSON mark, and the placement and presentation of the MAGIC JOHNSON’S
`
`144soo.1
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`‘I
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`mark on the restaurant sign depicted on the specimen, the public readily perceives the MAGIC
`
`JOHNSON’S mark as being a separate and distinct source identifier fiom “FRIDAY’S.”
`
`A.
`
`The Fame of the MAGIC JOHNSON Mark and Brand
`
`As discussed above, Applicant is the holding company of the intellectual property and
`publicity rights of Earvin “Magic” Johnson, Jr. Earvin “Magic” Johnson, Jr. is one of the most
`
`recognized and famous sports personalities in the world.
`
`In his illustrious thirteen year
`
`professional National Basketball Association (NBA) career (1979 - 1991 and 1995 - 1996), Mr.
`
`Johnson, under the Team Number 32, led the Los Angeles Lakers to nine appearances in the
`
`NBA finals and to five NBA championships. During his thirteen year basketball career, Mr.
`
`Johnson was named NBA Most Valuable Player three times, and compiled over 17,000 points
`
`(an average of 19 points per game), 6,559 rebounds (7.2 rebounds per game), over 10,000 assists
`
`(11.2 assists per game), and over 1,700 steals.
`
`In 1996, he was selected to the NBA’s 50th
`
`Anniversary All-Time Team. Mr. Johnson has also been inducted into the NBA Hall of Fame.
`
`Additionally, Mr. Johnson is a major business entrepreneur, restaurateur and philanthropist who
`
`has partnered with some of the countries biggest businesses,
`
`including but not
`
`limited to
`
`Starbucks coffee, Washington Mutual bank, as well as T.G.I.Fridays restaurants. See, exhibits
`
`attached to Final Office Action dated December 30, 2005.
`
`Copies of dictionary and
`
`encyclopedia references referring to Earvin “Magic” Johnson, Jr. and his career are attached
`
`hereto as Exhibit A.
`
`Applicant has used EARVIN “MAGIC” JOHNSON and MAGIC JOHNSON as
`
`trademarks and service marks in connection with various goods and services and is the owner of
`
`the following United States Trademark and Service Mark registrations:
`
`144soo.1
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`REGIS. No.
`
`
`
`REGIS. DATE
`
`Em“
`
`EARVIN “MAGIC” JOHNSON
`(Stylized)
`
`2,967,096
`
`July 12, 2005
`
`MAGIC JOHNSON (Stylized)
`
`3,084,728
`
`April 25, 2006
`
`MAGIC JOHNSON
`FOUNDATION
`
`3,141,319
`
`September 12, 2006
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`*1
`
`Copies of these registrations are attached hereto as Exhibit B.
`
`Appellant’s encyclopedia and dictionary listings, extensive use, worldwide notoriety, and
`
`numerous federal trademark and service mark registrations strongly establish that the EARVIN
`
`“MAGIC” JOHNSON and MAGIC JOHNSON names and marks are famous, not only in
`
`connection with sports and basketball, but other goods and services. See, B.V.D. Licensing
`
`Corp. v. Body Action Design, Inc., 6 U.S.P.Q.2d 1719,
`
`.1720 (Fed. Cir. 1988) (“When a
`
`trademark attains dictionary recognition as part of the language, we take it to be reasonably
`
`famous.”). As such, Appellant respectfully requests that the Board take judicial notice of the
`
`fame of the MAGIC JOHNSON name and mark in these proceedings. Universig; of Notre Dame
`
`du Lac v. J.C. Gourmet Foods Imports Co., Inc., 213 U.S.P.Q. 594, 596 (TTAB 1982), a_flf’_d.,
`
`703 F.2d 1372, 217 U.S.P.Q. 505 (Fed.Cir. 1983) ([T]he Board may take judicial notice of a term
`
`in dictionaries.”); fig, 6 U.S.P.Q.2d at 1721 (“Courts may take judicial notice of facts of
`
`universal notoriety, which need not be proved, and of whatever is generally known within their
`
`jurisdictions,” and to this end dictionaries and encyclopedias may be consulted.”).
`
`144800.l
`JUNBG 69903
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`~‘)
`
`Given the international fame of Earvin “Magic” Johnson, Jr., “MAGIC JOHNSON” is
`
`readily understood by the general public as a mark they havelrecognized and encountered in the
`
`marketplace relating to goods and services provided or licensed by Applicant and Earvin
`
`“Magic” Johnson, Jr. Thus, fans of Earvin “Magic” Johnson, Jr., as well as the general public,
`
`have become accustomed to seeing the MAGIC JOHNSON name and mark associated with
`
`various other third party business names and marks, and can readily differentiate “MAGIC
`
`1/
`JOHNSON” as a separate and distinct name and mark apart from these other business names.”
`
`B.
`
`The MAGIC JOHNSON’S Mark in the Drawing Creates a Separate
`and Distinct Commercial Impression Apart from “FRIDAY’S”
`
`The Examining Attorney argues that the mark depicted in the specimen is the “unitary”
`
`mark MAGIC JOHNSON’S FRIDAY’S, rather than MAGIC JOHNSON’S as depicted in the
`
`drawing. However, a closer examination of the specimen clearly establishes that the placement
`
`and presentation of “MAGIC JOHNSON’S” on the exterior signage creates a separate and
`
`distinct commercial impression from “FRIDAY’S.” First, “MAGIC JOHNSON’S” is physically
`
`separated from “FRIDAY’S” on the sign. The mark does not overlap, and is not integrated or
`
`merged, with “FRIDAY’S.” Second, “MAGIC JOHNSON’S” appears in smaller lettering from
`
`“FRH)AY’S” (with the “JOHNSON’S” portion depicted in even smaller letters than “MAGIC”
`
`or “FRIDAY’S”). Finally, “MAGIC JOHNSON’S” and “FRIDAY’S” are lighted in different
`
`colors on the sign: “FRIDAY’S” is presented in bright yellow lights, the “MAGIC” portion of
`
`Applicant’s mark is presented in red lighting with the “JOHNSON’S” portion in white lights.
`
`The distinctly different lettering style and colors used on the exterior sign makes the MAGIC
`
`1/
`
`In this case, the “FRIDAY’S” mark, depicted in the specimen, is a trademark and service
`mark registered to TGI Friday’s of Minnesota, Inc. in connection with various restaurant
`services. Copies of these registrations are attached hereto as Exhibit C. Applicant is
`authorized by TGI Friday’s to use the FRIDAY’S mark in connection with its MAGIC
`JOHNSON’S restaurant.
`-
`
`1443001
`JUNBG 69903
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`
`W:
`
`JOHNSON’S mark stand out from “FRH)AY’S,” giving it a more noticeable commercial
`
`appearance than “FRIDAY’S.”
`
`This difference in lettering and color strongly supports
`
`Applicant’s position. See, In Re Boyd Co., 25 U.S.P.Q.2d'2052 (TTAB 1993) (“[A]pp1icant
`
`would have a stronger case for registrability of the cup and saucer design were it displayed on
`
`applicant’s goods against a sunburst design in a different color or shade, so that the cup and
`
`saucer design stood out from the rest of the design”) [Emphasis added].
`
`Moreover, the mere presence of “FRIDAY’S” on the sign depicted in the specimen does
`
`not automatically transform Applicant’s mark into the "‘unitary” MAGIC JOHNSON’S
`
`FRIDAY’S. Both the Board and the Federal Circuit have rejected the Examining Attomey’s
`
`position, holding that the appearance of additional wording, even placed in close proximity to
`other wording on a specimen, does not create a unitary marlc. See, In Re B@ Wright Corp,
`
`155 U.S.P.Q. 671, 672 (TTAB 1967) (“[I]t is clear that the notation ‘8-48’ stands out as a
`
`distinguishable element separate and apart from the statement “‘ANOTHER 8-48 FROM
`
`MATHATRONICS’“); In Re Raychem Corp., 12 U.S.P.Q.2d 1399, 1400 (TTAB 1989) (holding
`
`that “fact that hyphens connect both the part number and the generic term ‘TR06AI—TINEL—
`
`LOCK-RING’ to the mark does not, under the circumstances presented in this case, create a
`
`unitary expression such that ‘TINEL-LOCK’ has no significance by itself as a trademark”); Dena
`
`Corp. v. Belvedere International Inc., 960 F.2d 1555, 21 U.S.P.Q.2d 1047, 1052 (Fed. Cir. 1991)
`
`(mere proximity “does not endow the whole with the single, integrated, and distinct commercial
`
`impression”). Thus, the mere proximity of “FRIDAY’S” to “MAGIC JOHNSON’S” on the
`
`specimen does not create a unitary impression, particularly in light of the manner in which the
`
`words appear on the specimen (i.e., different placement, lettering style and coloring).
`
`144800.]
`JUNBG 69903
`
`-7-
`
`

`
`V.
`
`CONCLUSION
`
`For all the above reasons, the MAGIC JOHNSON’S mark presents a separate and distinct
`
`commercial impression as a mark without the word “FRIDAY’S.” Given the fame of the
`
`MAGIC JOHNSON mark, and the material differences in lettering style and colors of “MAGIC
`
`JOHNSON’S” and “FRlDAY’S” on the sign depicted on the specimen,
`
`there can be no
`
`reasonable dispute that “MAGIC JOHNSON’S” is easily recognizable to the general public
`
`(particularly basketball fans) as a unique and distinctive mark they have encountered in the
`
`marketplace relating to goods and services provided or licensed by Applicant and Earvin
`
`“Magic” Johnson,
`
`Jr.
`
`Thus,
`
`the MAGIC JOHNSON’S mark “maintains
`
`its essential
`
`characteristics and commercial
`
`impression notwithstanding the omission” of the word
`
`“FRIDAY’S” shown in the specimen.
`
`
`In Re Franklin Press Inc., 199 U.S.P.Q. 819, 823 (TTAB
`
`1978).
`
`Accordingly, the refusal to register, and requirement for a substitute specimen, should be
`
`reversed, and Applicant’s mark should proceed to registration,
`
`(310) 824-5555
`
`144800.]
`JUNBG 69903
`
`-8-
`
`

`
`EXHIBIT A
`
`

`
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`I.‘
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`_§‘.
`1'‘;
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`.. 3,.
`
`§.
`
`The New
`Encyclopzedia
`B Britannica
`
`Volume 6
`
`MICROPAEDIA
`
`Ready Reference
`
`FOUNDED I768
`15TH EDITION
`
`:
`
`.yo\|n/lg
`
`:
`
`Encyclopaadia Britannica, Inc.
`
`Jacob E. Safra, Chairman of the Board
`
`Ilan Yeshua, Chief Executive Officer
`
`. Chicago
`__
`London / New Delhi/ Paris/ Seoul
`
`Sydney] Taipei/ Tokyo
`
`

`
`war in Vietnam, Johnson suffered a heart at-
`tack at his home and died.
`BIBLIOGRAPHY. Robert "A. Caro, The Year.r_of
`Lyndon Johnson '(l982-
`); Paul K. Conkin,
`Big Daddy From Pedemole: (1986); and Robert
`Dallek, Lone Star Rising: Lyndon Johnson and His
`Times. 1908-1960 (1991), are biographies. Robert
`A. Divine (ed.), The Johnson Years, 2 vol. (1987).
`collects scholarly essays on his presidency.
`Johnson, Magic, byname of EARVIN JOHN-
`SON, JR. (b. Aug. 14, I959, Lansing, Mich.,
`U.S.), American basketball player who led the
`National Basketball Association (NBA) Los
`Angeles Lakers to five championships.
`The son of an auto worker, Johnson earned
`his nickname “Magic“ for his creative and
`entertaining ball handling. He was an intense
`competitor who won everywhere he played.
`He led his high school team to a state champi-
`onship in 1977, Michigan State University_ to
`the National Collegate Athletic Association
`championship in 1979, and the U.S. team to
`a basketball gold medal at the 1992 Olympics
`in Barcelona, Spain.
`_
`Johnson achieved his greatest success in the
`professional ranks, guiding the Lakers to NBA
`championships in 1980, 1982, 1985, 1987,
`and 1988. He was named the NBA’s Most
`Valuable Player in 1987, 1989, and 1990. He
`played point guard and brought new versatility
`to that position. At 6 feet 9 inches (2.06 in),
`he was a dangerous inside scorer and a capa-
`ble rebounder. However, he was best known
`for innovative no-look and bounce passes and
`expert floor leadership. At the time of his ini-
`tial retirement due to HIV infection in 1991,
`Johnson was the NBA's all-time leader in as-
`sists (9,921).
`‘in full EMILY PAULINE
`Johnson, Pauline,
`JOHNSON (b. March 10, 1862, Six Nation In-
`dian Reserve, Brant county, Upper Canada
`[now in Ontario]-—d. March 7, 1913, Van-
`couver, B.C.), Canadian Indian poet who cel-
`ebrated the heritage of her people in poems
`that had immense appeal in her lifetime.
`The daughter of a Mohawk chief and an En-
`glish mother, Johnson began publishing poetry
`in her teens. Using her Indian name, “Teka-
`hionwake," she toured Canada, England, and
`the United States, giving poetry recitals in a
`buckskin dress. Later she settled in Vancou-
`ver, where she wrote prose tales based on ro-
`manticized Indian life and legend: Legends of
`Vancouver (1911), The Shagganappl (1913).
`and The Moccasin Maker (1913). Her verse
`was collected as Flint and Feather (1912). Her
`poem “The Song My Paddle Sings" is familiar
`to all Canadian schoolchildren.
`
`»‘
`
`
`
`Johnson, Magic 59
`
`he created a remarkably disciplined group of
`Senate Democrats. As majority leader (I955-
`6l), he stressed consensus, and his skilled
`leadership was largely responsible for passage
`of the civil-rights bills of 1957 and I960-—the
`first in the 20th century.
`,
`By 1960 Johnson's prodigious political tal-
`ents had made him something of a legend
`in national politics, and many were surprised
`when he accepted Kennedy's invitation to join
`the national Democratic ticket as a vice pres-
`idential candidate. However, he campaigned
`energetically, and many observers felt that his
`presence on the ticket was essential
`to the
`Democratic victory.
`It was during a political tour of Johnson's
`home state of Texas in November 1963 that
`President Kennedy was assassinated, thrusting
`Johnson into the most difficult role of his
`long political career. In the tempestuous days
`after the death of Kennedy, Johnson helped
`to calm national hysteria and ensure continu-
`ity in the presidency. In his first few months
`in ofiice the new president succeeded in get-
`ting Congress to pass highly important leg-
`islation—previously stalled-—conceming civil
`rights, tax reduction, an antipoverty program,
`and conservation.
`In November 1964 Johnson won reelection
`with an unprecedented popular majority of
`more than 15,000,000 votes, which he inter-
`preted as an extraordinary mandate to pur-
`sue his domestic reform program aimed at
`creating what he called the “Great Society.T'
`Altogether, he succeeded in pushing through
`the most impressive mass of social legislation
`since the New Deal of the 1930s. Among these
`measures were the Civil Rights Act of 1964,
`which attacked racial segregation in public
`accommodations and schools and racial dis-
`crimination in employment; the Voting Rights
`Act of 1965, which outlawed the literacy tests
`used to prevent blacks from voting; and the
`Medicare bill of 1965, which provided a sys-
`tem of health insurance for the elderly under
`the Social Security program. Johnson under-
`took other important initiatives in education,
`housing and urban development, transporta-
`tion, environmental conservation, and immi-
`gration. But
`the effect of these accomplish--
`ments was vitiated by increasing U.S. military
`involvement in the war in Indochina, which
`had begun under the previous administration.
`Despite specific campaign pledges not
`to
`extend hostilities,
`the president and his ad-
`visers_—fearful
`that South Vietnam would
`fall before communist aggression——steadily in-
`creased U.S. intervention until 500,000 Amer-
`ican troops were in Indochina by -I967. As
`each new escalation met with fresh enemy
`response, and, as no end to the combat ap-
`peared in sight, the president's public support
`diminished markedly. His gravest criticism
`came from the “doves,“ those who favoured
`an early negotiated settlement of the war.
`Strident student opposition to both the war
`and the drafi system spread to include liber-
`als, intellectuals, and civil-rights leaders, while
`the administration's budget—once geared to
`the abolition of poverty and racial injustice-
`buckled under the strain of wartime spending.
`On March 31, 1968, alter three of the most
`turbulent years in U.S. political history, John-
`son startled television viewers with a national
`address that included three announcements:
`that he had just ordered major reductions in
`the bombing of North Vietnam, that he was
`requesting peace talks, and that he would nei-
`ther seek nor accept his party's renomination
`to the presidency.
`In January 1969 he returned home to oper-
`ate his ranch near Johnson City, Texas, and
`to write his version of the presidential years,
`The Vantage Point (1971). Less than one week
`before the signing of an agreement to end the
`
`
`
`‘Class House.‘ New Canaan, Conn., by
`Johnson, 1 949
`0 Bill Maris/Esta
`
`is notable for its severely simple
`structure and its use of large gla;
`walls, owed much to the precise,
`aesthetic of Mies but also alluded
`of I8tli- and 19th-century architeé
`ance between Miesian influence
`cal allusion shifled in the 1950:;
`with the Temple Krieses Tiferetli
`Chester, N.Y. (1954-55), Johnson
`use of curvilinear (particularly _
`and historical quotation, a patter
`in the art pllery at Dumbarton I
`ington, D.C. (1962-64), and the
`a multibuilding group in Minnea
`(1974). Johnson’s style took a fit
`the New York City American Te
`Telegraph headquarters (1982). D
`a top resembling a Chippendale
`building was considered by cri
`landmark in the history of postrr
`tecture. Johnson's partner in thes
`was the architect John Henry Bur
`
`Johnson, Rafer, in full iw-'i=.it
`SON (b. Aug. 18, 1935, Hillsboro,
`American athlete who won a g-
`tlie decathlon at the 1960 Olymg
`Rome.
`Johnson competed in his first
`1954 as a sophomore at the Uni‘
`ifomia, Los Angeles, and in 195
`gold medal at the Pan-America
`juries prevented him from wim
`Olympic decathlon in Melboui
`but he set a world record in 1951
`
`Johnson, Philip C., in full PHILIP CORTEL-
`vou JOHNSON (b. July 8, 1906, Cleveland,
`Ohio, U.S.), American architect and critic
`known for both his promotion of the Interna-
`tional Style and, later, for his role in defining
`postmodernist architecture.
`Johnson majored in philosophy at Harvard
`University, graduating in 1927. In 1932 he
`was named director of the Department of
`Architecture of the Museum of Modern Art
`(MOMA) in New York. With Henry-Russell
`Hitchcock he wrote The International Style.-
`Architecture Since 1922 (1932), which pro-
`vided a description of (and also a label for)
`post-World War I modern architecture.
`In 1940 Johnson returned to Harvard, where
`he studied architecture with Marcel Breuer.
`His real mentor, however, was Mies van der
`Robe, with whom he worked on the widely
`praised Seagram Building, New York City
`(1958). Afier World War II Johnson returned
`to MOMA as director of the architecture de-
`partment from 1946 to 1954. His influential
`monograph Mies van der Rohe was published
`in 1947 (rev. ed., 1953).
`the
`Johnsori’s reputation was enlarg¢d b)’
`design of his own “Glass House,” at New
`Canaan, Conn.
`(1949). The house, which
`
`
`
`.?2.~'
`Rater Johnson, putting the shot in I
`Olympic decathlon. 1960
`Mama. wmu mm
`
`closest decathlon in Olympic
`son scored 8,392 points, win:
`points over his nearest com
`Olympiad Johnson became t"
`carry the U.S. flag in the Olyi
`He received the James_E. Su
`Award as the outstanding an
`1960 and retired from sports
`He became a sports comrrie
`an executive with the Contin
`
`

`
`m,
`
`/9"S”99.13
`
`THE CAMBRID GE
`
`
`
`BIOGRAPHICAL
`ENCYCLOPEDIA
`
`DAVID CRYSTAL
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`
`CAMBRIDGE
`UNIVERSITY PRESS
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`Johnson, Hewlett
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`causes. and produced a number of novels. especially
`the Kn‘lon series (1941-3). castigating totalitarianism.
`The same humanitarian values are evident in his later
`historical novels. particularly Stréindernas Svall
`(1946.
`trans Return to lthaca). and Harts Nddes Tid (1960. trans The
`Days of his Grace). He shared the 1974 Nobel Prize
`for Literature with his fellow Swede. Harry Martinson.
`>> Martinson
`Johnson, Hewlett. nickname the Red Dean (1874-1966)
`Clergyman. born in Macclesfield. Cheshire. He studied at
`the universities of Manchester and Oxford. became an
`engineering apprentice. and did welfare work in the
`Manchester slums. He joined the Independent Labour
`Party. entered the Church. and was ordained in 1905. He
`became dean of Manchester (1924) and dean ofCanterbury
`(1931-63). In 1938 he visited Russia. and became an untiring
`champion of the Communist state and Marxist policies.
`which involved him in continuous and vigorous contro-
`versyin Britain. He received the Stalin Peace Prize in 1951.
`His publications include Cliristiarts and Communism (1956)
`and the autobiographical Searchingfor Light (1968).
`Johnson. Howard (Deerlng) (1896-1972) Business exec-
`utive. born in Boston. MA Uneducated beyond elementary
`school. he developed 28 flavours of icecream for his
`Wollaston. MA. drugstore soda fountain. and by 1929 was
`franchising his name and products. He won exclusive
`catering rights on thousands of miles of East Coast high-
`ways. and built the country's largest private food distribu-
`tion corporation before retiring in 1959.
`Johnson, J J, popular name of James Louis Johnson
`(1924-
`)
`jazz trombonist and composer. born in
`Indianapolis, IN. He took up the trombone at 14 after
`studying the piano. While working professionally in New
`York City in the 1940s. he was inspired by the bebop move-
`ment; his recordings ofthe period with Charlie Parker and
`others show him to be the first slide trombonist to answer
`the demands of the style for speed. articulation. and har-
`monic sophistication. From the 1960s he worked largely as
`a composer for films and televison. but his playing contin-
`ues to influence modern jazz trombonists. >> Parker,
`Charlie; C1 132
`Johnson. Jack. popular name ofjolm Arthnrjackson. also
`called Li'l Arthur (1878-1946) Boxer.
`the first African-
`American world champion (1908-15). born in Galveston.
`TX. He defeated the Canadian Tommy Burns at Sydney in
`1908. His win provoked violent racial prejudice. and a
`‘GreatWhite Hope‘ was sought to defeat him - the former
`champion james J jeffries - whom he knocked out in the
`15th round in a fightin 1910.He losthis title in 1915 tojess
`Willard. His relationship with one of the two white
`women he married led to a conviction under the Mann Act
`for transporting a white woman across state lines for
`immoral purposes. and he was a fugitive in Europe for
`seven years. He died in a car accident. and his life became
`the subject ofa Broadway play. The Great White Hope (1968).
`>> leffries, James J; RR1273
`Johnson. James P(rice) (1894-1955)ja_zz pianist and com-
`poser. born in New Brunswick. NJ. He was given rudimen-
`tary piano instruction by his mother. and while still at
`school played ragtime with other performers. In 1912 he
`began a series of piano-playing jobs in cabarets. movie-
`houses. and dancehalls. eventually becoming the most
`accomplished player in the post-ragtime ‘str-ide' style. A
`prolific performer in the 1920s and during the traditional
`jazz revival of the 1940s. he wrote more than 200 songs
`(including ‘The Charleston‘) as well as several stage shows.
`and was a strong influence on such later pianists as Fats
`Waller and ArtTatum. >> Tatum, Art; Waller; C1 132
`Johnson, James Weldon (1871-1938) Writer and diplo-
`
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`mat. bom inJacksonville. FL He practised at the bug
`(1897-1901). and in 1906 was US consul at Puerto Caliay
`Venezuela. and at Corinto. Nicaragua (1909-12). H353,
`secretary ofthe National Association for the Advancg,-fig
`of Colored People (1916-30). and from 1930 was pr-offi
`of creative literature at Fisk University. He wrote
`sively on African-American problems. and compiled,-‘g
`
`lections ofAfrican-American poetry.
`,4 _
`Johnson. Lyndon B(aines). also known as 1.Bj(19og‘.§p,
`US statesman and '36th president (1963-9). born”:
`Stonewall. TX. He studied at Southwest Texas Q;
`Teachers College. and became a teacher and congix-1
`man's secretary before being elected a Democrat repm‘.
`tative in 1937. He became a senator in 1948. and _
`effective leader ofthe Democratic majority. Vicbpreside
`under Kennedy in 1960. he was made president 3'‘:
`l(ennedy‘s assassination. and was returned to the posg
`1964 with a huge majority. His administration passgdt
`Civil Rights Act (1964) and the Voting Rights Act (195
`which helped the position of Afn'can-Americans in Us;
`ciery. However. the escalation ofthe war in Vietnam 13¢
`active protest and growing unpopularity. and after 19
`he retired from active politics. >> McCarthy, Euged
`C1098; C1100; RR1225
`1
`Johnson, Magic. popular name ofEarvin]ohnson(195 :
`Basketball player. born in Lansing. MI. Named the Nafifi,
`Basketball Association's Most Valuable Player in 1979_
`was a member of NBA championship teams in 1980.19
`1985. 1987. and 1988. With the Los Angeles lake;-s in
`1979. he retired in 1991. His autobiography was called_ss
`ply. Magic (1983). In 1992 his book What You Can DoToAv
`AIDS generated controversy when two of the largest
`retailers refused to carry it. >> RR1271
`_
`Johnson. Martin W(iggo) (1893-1984) OC€anOgrap_
`born in Chandler. SD. He was an associate of the Univer:
`of Washington (1933-4) before joining the Sq-1;
`lnstitution of Oceanography (1934-61). He made nu
`conuibutions to biological and military science byinve
`gating invertebrate-produced underwater sounds a
`acoustic signal reflections.
`Johnson. Pamela Hansford (1912-81) Writer. born
`London. Best known for her portrayal of her native p
`war bondon. her books include An Avenue of Stone (19
`The Unspeakable Skipton (1958). A Bonfire (1981). and sevr
`works of nonfiction. such as her study of the Moors rr
`ders. Orr lrriquity(1967). ln 1950 she married the novelist
`Snow. >> Snow, C P
`Johnson, Pete >> C1 132
`)Architectandi
`Johnson. Philip C(ortelyou) (1906-
`orist. born in Cleveland. OH. Agraduate ofHarvard. he:
`studied under Marcel Breuer. and became a proponen
`the International Style. He designed his own home.
`Glass House, New Canaan. CI‘ (1949-50), on principle
`space unification derived from Ludwig Mies van der llr
`with whom he designed the Seagrarn Building skyscra)
`New York City (1945). Further works include the An
`Carter Museum of Western Art. TX (1961). the Newl
`State Theater. Lincoln Center (1964). and the Ameri
`Telephone and Telegraph Company building in New
`City (1978-84). >> Breuer; Mies van der Rohe
`Johnson, Richard M(entor) (1780-1850) Vicepresic‘
`ofthe USA(1837-41). born near Louisville. KY. He becar
`lawyer. and was elected a member of the US Hous-
`Representatives (1807-19. 1829-37). the interveningy
`being spent in the US Senate. He became Democratici
`president to Martin Van Buren after the elections had
`thrown up a majority in the electoral college for any
`candidate. >> Van Buren; C1098
`Johnson, Robert U >> Muir. John
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`Johnston, Brian (Alexander)
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`(1961. The Third Book about Achim). and Zwei Ansichten
`(1965. Two Views). develop the theme of the relation
`between the two Germanies. He later moved to university
`posts in the USA. and then to England. but published no
`fiction after 1965.
`Johnson, Virginia E >> Masters. William H
`Johnson, Walter
`(Perry). nickname the Big Train
`(1887-1946) Baseball pitcher. born in Humboldt. KN.
`During his 21-year career with the Washington Senators
`(1907-27) he won 416 games. the second highest in major
`league history. and pitched 110 shutouts. a major league
`record. One of the fastest throwers in the game's history.
`the right-hander led the league in strikeouts 12 times. He
`was elected to baseball‘: Hall ofFame in 1936.
`Johnson. Sir William (1715-74) Merchant and colonial
`administrator. born in Co Meath. lreland. ln 1737 he emi-
`grated to America. and became a fur trader in the Mohawk
`Valley. By his fairness he acquired great influence with the
`lndians. married two Indian women. and in the Anglo-
`French Wars oflen led the Six lroquois Nations against the
`French. notably at Lake George. NY (1755). He was
`appointed superintendent of Northern lndian Affairs
`(1756-64). In 1759 he captured Fort Niagara. and in 1760
`took
`in . Amherst‘: victory against Montreal.
`>> Amherst. Jeffrey
`Johnson,
`niclmame Pussyfoot
`William Eugene,
`(1862-1945) Reformer and temperance propagandist.
`born in Coventry. NY. He became a journalist. and later a
`special officerin the US lndian Service (1908-1 1). where he
`received his nickname from his methods of raiding garn-
`bling saloons in lndian Territory. He was prominent dur-
`ing the prohibilionist movement in the USA. and lectured
`for the cause all over Europe. ln 1919 he lost an eye when
`he was struck and dragged from a lecture platform in
`London by medical students.
`Johnson, William H (1901-70) Painter. born in Florence.
`SC. He went to Harlem at age 17. and for five years studied
`painting at the National Academy ofDesign. He then lived
`mainly in Denmark (he had married a Danish weaver and
`potter. Holche Krake. in 1930) and Norway. retuming to
`New York City in 1938. ln 1943 they lost everything in a
`fire. then his wife died. and by 1947 he was