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T h e U n o f f i c i a l
C i r q u e d u S o l e i l N e w s l e t t e r
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Issue #33 "I would have wanted to rend my soul" May 2004
=======================================================================
We're off and running again!
There's so much going on behind-the-scenes I wish I knew where to
start this month. With CirqueCon 2004 quickly approaching and all the
speculation surrounding the MGM 2004 show (will it debut on time, what
is its name?, etc), it's hard to gather and keep your wits about you.
Though I can say the MGM 2004 show is still having difficulties and
will slip its summer debut date. As for the show's name, I can tell
you "KOTO", which was speculated about on the CirqueClub forums is not
the show's working-title. A working title has been selected; however,
the actual production name will be released later this month through a
press conference at the MGM Grand. Stay Tuned!
Information regarding Alegría's second tour of Japan has just been
added to the Itinerary within. Currently the production is scheduled
to follow the same route as Quidam did, performing in the same "New
Fuji Bigtop". There also has been some speculation regarding major
changes to the show for Japan. Such as, the inclusion of a new
FastTrack, which reportedly will be quite similar to La Nouba's
PowerTrack (complete with wall); the reintroduction of an Aerial Cube
act, which fans may remember was originally part of the show
(performed to the song "Ibis" on the soundtrack); a Fire Duo, instead
of a Fire Solo act; and Slackwire and a Super High Bar act.
You know, the accolades keep pouring in for Guy Laliberte, founder and
CEO of Cirque du Soleil. Not only has Mr. Laliberte been bestowed the
Order of Canada and become a member of the World's Billionaire Club;
he's made Time Magazine's "World's 100 most influential people" list
under the Aritsts and Entertainers category. Wow, this has been a
spectacular year for him; it's sure is good to be Guy Laliberte!
Also, the Anniversary issue of Z!nk, a New York-based fashion and art
magazine, that we alerted readers to in our March issue featuring a
two-day photo shoot spread of Cirque du Soleil performers, has hit
select newsstands throughout the United States. The issue features
approximately 80 pages of photos and text with celebrities and Cirque
du Soleil performers from various Cirque productions. If you have the
opportunity we recommend you pick up this issue of Z!nk today!
For you this month we have a great array of information to share with
you; from information pertaining to the upcoming CirqueCon, to
dissections of two recent court cases involving Cirque: The Cusick
Case and the "Cirque" Name Lawsuit. Oh, and a story about little
surprise that turned up on eBay one day. All that, and more!
We hope you enjoy this issue of Fascination! If you have any questions
or comments please feel free to email them to us using the following
address: < CirqueFascination-owner@yahoogroups.com >.
- Ricky
===========
CONTENTS
===========
* Cirque Buzz -- News, Rumours & Sightings
* CRQ-TV -- Cirque on Television
* CRQ.NET -- Cirque du Soleil Online
* Itinéraire -- Tour/Show Information
* Didyaknow? -- Facts About Cirque
* Le Spectacle:
"CirqueCon Vancouver 2004 Just Days Away!"
By: Keith Johnson - Seattle, Washington (USA)
* Behind the Curtain:
"Let the Buyer Beware - Cirque on eBay"
By: Ricky Russo - Orlando, Florida (USA)
* The Cirque Connection:
"Cirque Settles With Matthew Cusick"
By: Keith Johnson - Seattle, Washington (USA)
* Beyond the Bigtop:
"Cirque Can't Trademark 'Cirque'"
By: Keith Johnson - Seattle, Washingon (USA)
* Special Engagement:
"Cusick Conciliation Agreement Legalese"
Special Reprint
* Parting Quote
* Subscription Information
* Copyright & Disclaimer
=======================================================================
CIRQUE BUZZ -- NEWS, RUMOURS & SIGHTINGS
=======================================================================
Fire Within Coming to DVD!
--------------------------
Fans, Cirque du Soleil has heard your cries -- Fire Within is
coming to DVD! The when's, where's and how's of the 13-episode
behind-the-scenes documentary series' release has not yet been
confirmed; however, Cirque has taken the step of bringing the
"cast" back together for a reunion dinner. The gathering will
be filmed and made part of the DVD's special features. What's
more, they're asking Cirque fans to submit questions to be
asked! Check out < http://www.cirquedusoleil.com/CirqueDuSoleil/
en/activity/firewithin/question > and submit your question.
[Source: Cirque Club; Keith Johnson, Ricky Russo]
Cirque on Tonight in Vegas
--------------------------
Well, not tonight, but soon. Jay Leno will be bringing The
Tonight Show to Las Vegas (broadcasting from Paris Las Vegas)
for the week starting Monday, May 10. And on the Thursday, May
13 broadcast (11:35pm or so on NBC, check your local listings),
he'll feature Cirque du Soleil along with Billy Crystal. Set
your VCR's! [Source: Timothy McDarrah, Las Vegas Sun; Keith
Johnson]
Erik Karol Returns!
-------------------
It's been all over the fandom -- Erik Karol, a wonderful
counter-tenor singer, is returning to Dralion! Erik Karol
filled the role as the male singer from the show's beginning in
April 1999 to late 2000 (in Atlanta), before leaving to
persue solo interests. He performed 650 shows across North
America throughout his tenure, and was also featured on the
filmed version of the production. Information released through
his website (< www.erik-karol.com>) details the news of his
return:
"It is our great pleasure to announce that Erik will be
returning to Cirque du Soleil's Dralion in Europe for two six-
month engagements in 2004 and 2005. He will begin the tour on
June 29, 2004, in Vienna (Austria), and travel on to Antwerp
(Belgium), Madrid (Spain), and complete this portion of the
rotation in London (UK) on January 6, 2005, at the Royal Albert
Hall. Further dates for 2005 have not been announced as yet."
All we have to say is: welcome back Erik!
[Source: www.erik-karol.com, Barbara Brown; Ricky Russo]
Cirque -- We Are The Future
---------------------------
Music legend Quincy Jones in conjunction with MTV: Music
Television, Yahoo! and XM-Satellite Radio, will bring together
an all-star cast for a benefit concert - "We Are The Future".
The concert will be broadcast globally on MTV Networks and
simulcast live on XM Satellite Radio, XM Live (XM channel 26).
"Nearly two decades after producing the historic 'We Are the
World' recording, Quincy Jones will gather many of the world's
best-recognized artists and personalities for a global concert
marking the launch of a worldwide humanitarian effort to help
children in war-ravaged cities. To date, the 'We Are the Future'
performers include, Eve, Norah Jones, Alicia Keys, Josh Groban,
Take 6, Herbie Hancock, Juanes, Angelique Kidjo, Andrea Bocelli,
and Zucchero, among many others; and presenters include Oprah
Winfrey, Chris Tucker, Pele, Angelina Jolie, Muhammad Ali, Naomi
Campbell, and Serena Williams, among many others."
Cirque du Soleil is also scheduled to perform at the event,
which takes place on Sunday, May 16, 2004 at Circus Maximus
(near the Colosseum), the first and biggest circus, in Rome,
Italy.
For further information check out these sites:
XM Radio: < http://www.xmradio.com/concert/index.jsp >
Concert Home: < http://www.wearethefuture.com/ >
[Source: www.wearethefuture.com, Fascination! Reader:
"Dnmoriarty"; Ricky Russo]
Joey Arias in Print
-------------------
Looking for a titalizing tell-all of the life and times of
Zumanity's transvestite host Joey Arias? You may find it in his
book entitled "The Art of Conversation" (MaasMedia, ISBN 3-
929010-89-5). The book, which retails for $21.00 (US), combines
over 100 conversations and interviews Arias did for a defunct
monthly column in the magazine "Paper". You can get his tempting
expose at the Zumanity boutique at the New York-New York Hotel
Casino in Las Vegas or online through Arias' website:
www.joeyarias.com. [Source: Las Vegas Sun, www.joeyarias.com,
Maas Media; Ricky Russo]
How Cirque Works?
-----------------
Have you ever wanted to know how Cirque du Soleil worked? You
can get a peek into how Cirque du Soleil works through the very
popular online destination "How Stuff Works"!
www.HowStuffWorks.com is "widely recognized as the leading
source for clear, reliable explanations of how everything around
us actually works," so boasts their website, and they mean it.
From Atomic Bombs to Walking on the Moon, How Stuff Works is
chock full of amazing information, bizarre facts and wonderful
how-to's regarding a wide range of topics.
Their own Elizabeth Nixon tackled the big question of how Cirque
worked and you can read her findings at the following address: <
http://entertainment.howstuffworks.com/cirque.htm >. The best
part, we're mentioned twice! Richasi's Le Grand Chapiteau and
the Cirque du Soleil Yahoo Group were both mentioned as places
to find out "further information" regarding Cirque du Soleil --
way cool! [Source: How Stuff Works; Ricky Russo]
Wynn Resorts Has Opening Date Set
---------------------------------
Wynn Resorts Las Vegas (formerly Le Reve) now has an opening
date. The $2.4 billion resort, which will feature a new show
directed by former Cirque show director Franco Dragone and with
clown acts designed by former Cirque clown extraordinaire John
Gilkey, will open April 28, 2005. The show, based upon the
element of water, tells the narrative of a boy who loses and
then reclaims his power of flight. According to the Las Vegas
Sun, the working title of the production is "'Le Reve,' after
the Picasso painting Wynn owns -- which was also the working
title of the resort." [Source: Timothy McDarrah, Las Vegas Sun;
Keith Johnson, Ricky Russo]
Small Snippet on New Show!
--------------------------
While also perusing the Las Vegas Sun, we found this snippet of
a lady currently working on the new Las Vegas Show. Sarah
Harding (not to be confused with a lady of the same name from
the UK girl group Girls Aloud) is the current Ms. Fitness USA
2004! Check out some articles about her at:
< http://gostanford.collegesports.com/sports/w-gym/mtt/
harding_sarah00.html> and <http://gostanford.collegesports.com/
sports/w-gym/spec-rel/093003aaa.html> [Source: Timothy McDarrah,
Las Vegas Sun; Keith Johnson]
Saltimbanco Returning to North America?
---------------------------------------
There has been a persistent rumor that Saltimbanco will have its
final curtain call in the near future to make way for other
Cirque du Soleil touring productions. However, before that event
is said to occur, a smaller and more select second North
American Tour would be undertaken to serve as the production's
final bow, so to speak.
While Fascination! must take this possible upcoming schedule as
rumor until announced by Cirque du Soleil, we'd like to pass the
possibilities on to you. What we've been advised is that
Manchester and Birmingham, United Kingdom are on the extended
Saltimbanco list, as is Dublin, Ireland and Paris, France;
however, what is more exciting is the fact that
Saltimbanco may jump the Atlantic and have a three-city Mexican
tour -- Starting in Monterey, going through Guadalajara, and
ending in Mexico City.
Dates and further information has not been made available, but
if this is true, we could see Saltimbanco come home with a North
American Tour in 2006! [Source: Eric-Oliver Brousseau; Ricky
Russo]
Treasure Island Offers Mystère Dinner Packages
----------------------------------------------
In hopes of spicing up the Mystère experience, Treasure Island
(TI) has added before and after dinner packages. The dinner
package pairs a meal at one of the resort's acclaimed
restaurants with VIP seating at Mystère. The meals consist of
three-courses created exclusively by the chefs of Buccaneer Bay
Restaurant, Francesco's and The Steak House.
The packages are available each evening, except Wednesday and
Thursday (Mystère's dark nights). The Mystère dinner package
will set you back $155.24 per person, but it is worth every
penny. Treat yourself to a VIP experience with Dinner and
Theatre!
Seatings are available for Buccaneer Bay and Francesco's at
5:00pm, 5:30pm, 6:00pm, 9:30pm and 10:00pm. Seatings for The
Steak House are available at 5:30pm, 6:00pm, 9:30pm and 10:00pm.
For more information contact Treasure Island at (702) 894-7722
or 1-800-392-1999. [Source: Treasure Island; Ricky Russo]
Eratta
-------
Last month in our review of news items about Guy Laliberte we
talked about the big parties he holds in Montreal. One of which
we suggested was to celebrate the "Great Price of Montreal." We
should have known better than to trust Babelfish. It's actually
the "Grand Prix du Montreal," The Canadian Grand Prix car race
that takes place in June. Sorry if we offended our Formula 1
fans!
In our article on the "Life After Cirque" investigative piece we
said the piece would air on CBC's The National on April 14th or
later. That was what we were told at press time by the CBC.
Unfortunately, even before we could set our VCR's, CBC aired the
piece two days earlier on the April 12th edition of the National
without telling anyone. Drat! Fortunately, the piece is
available on video from the CBC's video transcript service.
We've ordered a copy and should have a report soon.
=======================================================================
CRQ-TV -- CIRQUE ON TELEVISION!
=======================================================================
* CIRQUE DU SOLEIL: SOLSTROM
--------------------------
Network: CBC - Canada
-- Sunday's at 8:00pm
[Currently pre-empted for Hockey Finals]
Network: Radio-Canada - Canada (French Canadian)
-- Wednesday's at 8:00pm
Network: Bravo - United States
-- Sunday's at 7:00pm
-- < http://www.bravotv.com/Cirque_du_Soleil:_Solstrom/ >
* Episode 4: "Rock-n-Roll" * Episode 9: "Childhood"
May 02 at 7:00pm Jun 06 at 7:00pm
May 03 at 1:00pm Jun 07 at 12:30am
May 05 at 3:30pm
* Episode 10: "Construction"
* Episode 5: Jun 13 at 7:00pm
May 09 at 7:00pm Jun 14 at 12:30am
May 10 at 1:00am Jun 20 at 11:00am
May 12 at 3:30pm
* Episode 11: "Puppets"
* Episode 6: Jun 20 at 7:00pm
May 16 at 7:00pm Jun 21 at 2:00am
May 17 at 1:00pm Jun 27 at 11:00am
May 19 at 3:30pm
May 23 at 11:30pm * Episode 12: "The Games"
Jun 27 at 7:00pm
* Episode 7: "Disguises" Jun 28 at 1:00am
May 23 at 7:00pm
May 24 at 1:00am
May 26 at 3:30pm
May 30 at 11:00am
* Episode 8: "Traveling"
May 30 at 7:00pm
May 31 at 1:00am
Jun 02 at 3:30pm
Jun 06 at 11:30am
* CIRQUE DU SOLEIL: FIRE WITHIN
-----------------------------
Network: Vitaya - Belgium (Europe)
-- Thursday's at 9:00pm
Network: Odyssey Television - Australia
-- Wednesday's at 9:30pm
Network: Bravo - United States
* Episode 1: * Episode 8:
May 12 at 6:00am Jun 5 at 6:30am
Jun 23 at 5:30am
* Episode 9:
* Episode 2: Jun 6 at 6:30am
May 16 at 6:00am
Jun 30 at 5:30am * Episode 10:
Jun 10 at 5:30am
* Episode 3:
May 16 at 6:30am * Episode 11:
Jun 12 at 6:30am
* Episode 4:
May 22 at 6:30am * Episode 12:
May 05 at 6:30am
* Episode 5: Jun 14 at 6:30am
May 24 at 6:30am
* Episode 13:
* Episode 6: May 04 at 5:30am
May 27 at 6:30am Jun 16 at 5:30am
May 28 at 6:30am
* Episode 7:
Jun 3 at 5:30am
* NOTE: Check your local listings for complete information. Schedule
is subject to change.
=======================================================================
CRQ.NET -- CIRQUE DU SOLEIL ONLINE
=======================================================================
This Month in Cirque Club
(By: Keith Johnson)
-------------------------
CirqueClub has posted an interesting set of articles this month,
including a look at new cast members for Mystère and some facts and
figures behind Alegría's 10th anniversary. In another article there
are pictures from the Quidam acts that appeared in a 6-minute special
presentation during the 46th Logie Awards in Australia. Sadly, unlike
the Oscar performance, there is no video to accompany the article -
that would have been fun to see. Finally, in a just published
article, they mention a Gold Medallion Award that was given to "O" by
the Swimming Hall of Fame in Fort Lauderdale, FL (this is the first
time the award has been given to an organization).
To celebrate five years of La Nouba, Cirque is having a contest.
Filling out a short, easy quiz qualifies you for a trip to Orlando!
The trip includes two nights at a WDW hotel, tickets to the 5th
Anniversary performance on June 2nd admission to the post-show party,
and two 1-day WDW Park Hopper tickets. Such a deal. Deadline is May
15, so enter today!
And just in time for Mother's Day, they've put up a set of three
tranquil virtual cards. The cards, featuring feminine images from
Alegría, Quidam and Varekai, function the same as the other cards and
can be found at < http://www.cirquedusoleil.com/go.asp?p=2313&l=en >.
Over in the Solstrom section (which has no button on the new
CirqueClub "Home" screen but can be accessed through the "On Screen"
section), Cirque is ready for the series telecasts on Bravo. As
opposed to the CBC telecasts, where each episode went up on the
website only as it was broadcast, all 13 episodes (including
challenges and goodies) are now available for perusal.
This month we debut a new feature of This Month At Cirque Club. Each
month CirqueClub sends out special "marketing" messages to members
that have specific cities noted in their profiles. Usually these just
announce ticket availability, discount specials, or added additional
performances. But sometimes there is some interesting first-person
reportage and nice stories. Since you can only have a maximum of 6
cities in your profile not everyone can see every message. But thanks
to our "vast network of sources" we've scoured them all to bring
you highlights. Starting this month we'll be featuring selected bits.
(Below text courtesy of CirqueClub.)
With April came two departure notices, from Alegría leaving Atlanta
and Varekai leaving California.
Dan, Alegría Crew Member wrote:
"After spending five weeks in Atlanta we are packing up and moving on
to New York City. Atlanta was filled with great things to see and do;
I visited Stone Mountain National Park, and saw where Coca-Cola was
invented. I watched the Frisbee dogs at the Dogwood Festival and
enjoyed the various types of shopping throughout the city. A
highlight for me was visiting the world-famous giant chicken in
Marietta, just down the road from where we set up the Grand Chapiteau.
The people of Atlanta have been courteous and friendly, and eager to
show off their great city. We sure appreciate y'all!"
Karina, Varekai Crew Member wrote:
"We knew it had to end, someday. But as the date approaches, I
realize how difficult it is going to be to say goodbye to the Golden
State! With the last week of performances in San Diego underway, I
know I will be sad. Sad to leave this beautiful state; sad to leave
the sun, the coast, the national parks, the cities, the ocean and the
great people that I have met during my Californian journey! I feel so
privileged to have had the time to discover this magical place. Yes,
I even went to Disneyland! What can I say? It was six months of pure
bliss!
"There is another aspect of leaving California that will make it even
harder than anticipated. I joined Varekai at the beginning of Los
Angeles and along the way I have made new friends. Now, some of these
friends are heading away on different paths. Together we have
discovered so many different parts of this state. We have enjoyed San
Francisco, Los Angeles, Pomona, Orange County, San Diego, Joshua Tree
Park, the desert, the beach, the city, the night life, the succulent
sushi in OC; overall, amazing times! We lived so many adventures in
this part of the world that it will forever hold a special place in my
heart. I'll miss California dearly. On that note, I'll say farewell
to the Golden State, and keep fond memories of it as being one of my
favourite places on earth."
Upon Varekai's arrival in Phoenix, Karina, wrote again:
"Accustomed to chilly Canadian temperatures, I'm just about ready to
die of heat here in Phoenix! Before my arrival I had heard stories
about the hot weather, but I never imagined it would be like this.
It's about 100 degrees! Despite the weather, though, it's exciting to
be here - this is yet another amazing city I can take the time to
discover while on tour with Varekai. The Grand Chapiteau raising took
place just last week, and it was entertaining to watch all our
technicians complete the setup in this heat. Meanwhile the office
people, me included, opted to work on our suntans. I have to say that
the nicest welcome we have received to date here in Phoenix was last
Thursday. Our box office opened at noon and people arrived in packs,
braving the heat to pick up their tickets to see the show!"
Finally, with Quidam leaving Japan and moving to Canada, Montse,
Quidam crewmember wrote:
"After fourteen months in Japan, the cast and crew of Quidam are
looking forward to returning home to Canada! Moving a show like
Quidam over the Pacific Ocean is not an easy task. In fact, we had to
use one jumbo jet, two containers and several trucks to transfer all
our equipment from one end of the world to the other. The plane,
which transported the set, lighting, sound and rigging equipment,
arrived last Sunday in Vancouver. The equipment was then put safely
into storage until the raising of the Grand Chapiteau, scheduled for
this weekend, where we'll have more than a hundred people on site to
help with the spectacular task. Although the complete setup of the
tent takes about a full day, believe it our not, the actual Grand
Chapiteau raising will be done in less than three minutes! We look
forward to a dazzling premiere night and to enjoying all that
Vancouver has to offer! See you soon!"
=======================================================================
ITINÉRAIRE -- TOUR/SHOW INFORMATION
=======================================================================
Note that any information in brackets [] is UN-official information
and subject to change.
[Touring Shows]
Alegría:
* New York City, New York -- Randall's Island Park
Dates: May 6, 2003 to June 6, 2004
* Philadelphia, Pennsylvania -- Avenue of the Arts
Dates: July 8, 2004 to Aug 1, 2004
* Toronto, Ontario -- Ontario Place
Dates: Aug 19, 2004 to Sep 19, 2004
* Tokyo, Japan:
Dates: Oct 29, 2004 to Jan 23, 2005
* Fukuoka, Japan:
Dates: Feb 9, 2005 to Apr 3, 2005
* Nagoya, Japan:
Dates: Apr 20, 2005 to Jun 12, 2005
* Osaka, Japan:
Dates: Jun 25, 2005 to Aug 10, 2005
Dralion:
* Amsterdam, Netherlands -- Next to Amsterdam Arena (P2)
Dates: Feb 27, 2004 to May 23, 2004
* Vienna, Austria -- Prater - Rotundenplatz
Dates: Jun 3, 2004 to Jul 11, 2004
* Antwerp, Belgium -- Gedempte Zuiderdokken
Dates: Aug 12, 2004, to Sep 19, 2004
Quidam:
* Vancouver, BC, Canada -- Concord Pacific Place
Dates: May 6, 2004 to Jun 6, 2004
[May extend to June 13, 2004]
* Calgary, Alberta, Canada -- Currie Barracks
Dates: June 24, 2004 to July 25, 2004
[May extend to August 1, 2004]
* Sydney, Australia -- The Showring, Fox Studios
Dates: Aug 12, 2004 to TBA
* Brisbane, Australia -- Kingsford Smith Drive
Dates: Nov 4, 2004 to TBA
* Auckland, New Zealand --
Dates: Dec 31, 2004 to TBA
* Melbourne, Australia --
Dates: Mar 4, 2005 to TBA
* Adelaide, Australia --
Dates: May 12, 2005 to TBA
* Perth, Australia --
Dates: June 30, 2005 to TBA
Saltimbanco:
* Milan, Italy -- Area Spettacoli di Milano
Dates: Apr 29, 2004 to Jun 6, 2004
* Gijon, Spain -- TBA
Dates: June 25, 2004 to TBA
* Frankfurt, Germany -- Next to the Jahrhunderthalle
Dates: Aug 20, 2004 to Sep 5, 2004
* Rome, Italy -- TBA
* Lille, France -- TBA
Varekai:
* Phoenix, Arizona -- Westworld of Scottsdale
Dates: Apr 29, 2004 to May 23, 2004
* Denver, Colorado -- Pepsi Center
Dates: Jun 3, 2004 to Jul 11, 2004
* Boston, Massachusetts -- Suffolk Downs
Dates: Jul 27, 2004 to Aug 22, 2004
[May extend to Sep 5, 2004]
* Washington, DC -- Grounds of RFK Stadium
Dates: Sep 16, 2004 to Oct 10, 2004
[May extend to Oct 24, 2004]
* Dallas, Texas -- Fair Park
Dates: Nov 4, 2004 to Dec 5, 2004
[May Extend to Dec 19, 2004]
* Houston, Texas -- TBA
* Austin, Texas -- TBA
* Pittsburg, Pennsylvania -- TBA
* Baltimore, Maryland -- TBA
* Hartford, Connecticut -- TBA
* Columbus, Ohio -- TBA
* Detroit, Michigan -- TBA
* Miami, Florida -- TBA
[Resident Shows]
La Nouba:
* Two shows Nightly - 6:00pm and 9:00pm
* Performs: Tuesday through Saturday, Dark Sunday/Monday
* Location: Walt Disney World Resort, Orlando (USA)
* 2004 Dark Dates:
-- March 14th - 17th -- August 22nd - 25th
-- May 2nd - 5th -- October 17th - 20th
-- June 20th - July 5th -- December 5th - 13th
Mystère:
* Two shows Nightly - 7:30pm and 10:30pm
Beginning June 13th: Except Sundays; 4:30pm and 7:30pm
* Performs: Friday through Tuesday, Dark Wednesday/Thursday
Beginning June 9th: Wednesday - Sunday, Dark Monday/Tuesday
* Location: Treasure Island, Las Vegas (USA)
* 2004 Dark Dates:
-- April 6th, 9th -- October 3rd, 6th
-- May 31st - June 8th -- November 28th
-- August 23rd - 31st
"O":
* Two shows Nightly - 7:30pm and 10:30pm
* Performs: Wednesday through Sunday, Dark Monday/Tuesday
* Location: Bellagio, Las Vegas (USA)
* 2004 Dark Dates:
-- April 19th - 27th -- October 11th - 13th
-- June 21st - 23rd -- December 6th - 21st
-- August 9th - 17th
Zumanity:
* Two Shows Nightly - 7:30pm and 10:30pm
* Performs: Tuesday through Saturday, Dark: Sunday/Monday
* Location: New York-New York, Las Vegas (USA)
* 2004 Dark Dates:
-- April 18th - 21st -- October 10th - 13th
-- June 6th - 12th -- November 28th - 30th
-- August 15th - 18th -- December 1st - 20th
=======================================================================
DIDYAKNOW? -- FACTS ABOUT CIRQUE
=======================================================================
-- Did you know that when Alegría first appeared in Japan in 1996, the
show had already changed from its 1994 North American Tour? Missing
were the Shoulder-Pole act and the Aerial Cube! Japanese audiences
were treated instead to Yuri Maiorov's "Flying Man in Silk" act and
Molly Saudek's "TightWire" act, as an act in rotation.
-- Did you know that approximately 670,000 Japanese saw Alegría during
its first tour? Overall there were 260 performances to Japanese
audiences in 1996; 222 of them in Tokyo alone. The show was setup from
March 22 through September 15, 1996 in Tokyo before moving to Fukuoka
for 20 days, from October 1 to October 20, 1996.
-- Did you know that the first ever Cirque du Soleil show to be
performed in Japan was Fascination? Fascination was a mega-production
combining the talents of Le Cirque Reinvente and Nouvelle Experience.
The production visited Tokyo, Nagoya, Hiroshima, Osaka, Sapporo,
Yokohama, Sendai and Kita-Kyushu for a total of 118 performances to
710,000 spectators! Since then, Saltimbanco (twice) and Quidam (once)
have been the only other shows to visit the Land of the Rising Sun.
=======================================================================
LE SPECTACLE:
"CirqueCon Vancouver 2004 Just Days Away!"
By: Keith Johnson - Seattle, Washington (USA)
=======================================================================
As Ricky mentioned at the top of this month's 'letter, we're busy
getting ready for "The First Unofficial Gathering of Cirque Du Soleil
Fans" over May 21-23 in Vancouver BC, to take in a viewing(s) of
Quidam and bond with other fen. (Even at this late date, we still
have rooms available in our two specially-reserved Bed & Breakfasts,
call 1-888-872-3060. We'd love to have more people! Our B&B's are
located about 1 1/4 mile from the Cirque tent, so close you could even
walk there.)
Our schedule for the weekend has started to firm up. Though some of
us will be taking in multiple Quidam showings (some as many as 4!)
others have taken a more measured balance of Cirque du Soleil and
Vancouver. There is much to do, from Robson Street, Gastown and
Chinatown shopping, to Stanley Park, Science World and other museums
and parks, to the nightlife of the city. We won't have any shortage
of things to do! So we've kept the schedule loose, with lots of free
time.
Most of our 24 attendees will be arriving during the day on Friday,
many arriving in Seattle, Washington and renting a car to drive to
Vancouver. It's a lovely 3-hour drive over rolling terrain with lots
of greenery. Of the two entry points to Canada, we recommend
bypassing "Peace Arch" crossing at Blain and taking the commercial
crossing at Pacific Highway. It's five minutes out of the way, but
can save up to a half-hour of waiting at the very popular Peace Arch.
A few are flying directly to Vancouver, and a few will be arriving
late on Friday evening. (If you're planning to arrive late, let the
Bed & Breakfast know so you can arrange to pick up your room key.)
Our plan for Friday is a "Welcome to CirqueCon 'Cocktail Hour'" at
Douglas House from 5-6pm. We'll have a few munchies and some Cirque
Du Rose wine for consumption. We'll also have space for you to show
off your rarest Cirque collectible. We'll have older programs, the
Cirque du Soleil wallpaper books, and other Cirque memorabilia you
won't find anywhere else. So if you have something interesting, bring
it along! Then it's off to an evening of shopping, sightseeing, or
clubbing, whatever you like!
Saturday morning is reserved for breakfast and sightseeing. Our main
function of the day is our Saturday get-together meal and, of course,
seeing Quidam. Our meal is at 4:00pm at The Old Spaghetti Factory in
Gastown (53 Water Street, 604-684-1288). We'll have seats in the same
area but probably not at one big table. We'll eat and party and
prepare for the show. After dinner folks are free to tour Gastown,
return to the Bed & Breakfast to dress for the show, or head straight
to the tent to be there right when the gates open at 7:00pm.
Then at 8:00pm - Quidam! At some point while on the Cirque campus
we'll want to gather to take a group photo, so bring your cameras
(just don't use them inside!). And when the show ends feel free to
shop the concessions tents, or wait at the employee exit for the
artists. Sunday is totally free of any scheduled activities. Shop,
sightsee, or start to make your way back home.
We have gotten numerous questions about whether we will be able to do
anything "special" while on-site, such as a backstage tour or meeting
an artist. We have nothing to report on yet. Since we're such a
large group our options may be limited. If we do get something
arranged we'll let our members know.
We have a private Email Distribution List for special messages
concerning CirqueCon. If you'd like to be added to the list, or if
you'd like to join us in Vancouver for what's sure to be a very
special Cirque-ey weekend, please let Keith know at
kj@gmnameplate.com. Or if you prefer you can call him at 206-284-8516
M-F 8-4 Pacific Time.
And we'll have a full report of our weekend in Fascination!
=======================================================================
BEHIND THE CURTAIN:
"Let the Buyer Beware - Cirque on eBay"
By: Ricky Russo - Orlando, Florida (USA)
=======================================================================
Throughout the last two and a half years the "Fascination! Newsletter"
has presented some of the most bizarre, eyebrow raising, yet special
and interesting items that can be found hiding on the World Wide Web
with that uncanny connection to our favorite circus - Cirque du
Soleil. Be it Cirque inspired wine, guitar tabs for certain Cirque
songs, information on taking a college engineering course featuring
the designs of "O", dolls inspired by Cirque characters (the "Myumee"
dolls), or modeling shots of Olga Pikhienko; the "Fascination!
Newsletter" has been there, searching for it, uncovering it and
letting you know about it.
Thus, our topic for this edition therefore falls upon an item recently
placed up for auction on eBay, the world's most popular online trading
website. What we found there on the morning of April 28, 2004
astounded us. It harks back to the old adage: Let the Buyer Beware.
Now I know what you're thinking -- how can anyone trust the anonymity
of the seller. It's true; all the information the buyer has to base a
decision on is a series of feedback ratings, a user name that doesn't
positively reflect the person's real name, a location that likewise
doesn't necessarily reflect the truth, and blind faith. Yet beyond
these failings, thousands of transactions are conducted each day
without issue. Even I will offer the point that I've made many
purchases through eBay (both Cirque and non-Cirque related) and have
had no adverse anomalies. But the buyer must beware... and do his or
her homework.
The item's description was innocent enough -- Item #2241477772 Cirque
du Soleil Randall's Island Tickets -- but what was being sold was far
from the norm. The seller, who I will not mention by name here, was
not selling tickets, as the subject of the description would have led
us believe. No, the bid was for a special link that would allow the
winner to purchase tickets for Alegría's engagement in New York City
at a 30% discount. The link, supposedly, would grant a choice of four
matinee shows, presented on June 11, 18, 24 and 25th at 4:00pm. The
ticket prices were reportedly cheap at $60.25 for adults and $42.00
for children under twelve. Big savings considering the category one
tickets for the Randall's Island engagement are $95.00 for adults and
$66.50 for children under twelve.
We watched the auction as it came to a close five days later; by May
3rd there were no bidders for the $3.99 item. I'm happy to announce no
one fell for this incredibly idiotic sale, but I'm frustrated just the
same. I mean no disrespect to the seller if he or she happens to be a
reader of Fascination!, however, it's these kinds of postings that
give buyers pause. Why would anyone post an Internet link for sale? To
whit, why would anyone pay the $4.00 US for said link? An eyebrow
raiser for sure. Luckily, this auction passed and no harm was done.
But this is not the first time something on eBay caught the attention
of Fascination! staffers. Long-time readers may remember a newsflash
we sent out on September 19, 2002 with the title "Whoa Nelly, It's
True!," regarding another interesting item discovered on eBay by Lynn
Nakayama, a fellow reader. In fact, we sent out two news flashes that
day but never followed up, as we had planned to in our October issue.
What now follows is an untold story about that auction. It's untold
because we were asked (and agreed) to remain silent once the company's
investigation had concluded. For it turned out to be an internal
fiasco best left alone. But we shall remain silent no longer. The
recent eBay oddity brought this story back to us, and we feel that now
is the right time to come clean about this stumble, and tell you our
story behind the eBay fiasco.
On September 18, 2002, a listing was placed on eBay that promised the
winner a once in a lifetime opportunity. It caught our eye the
following day and we drooled over ourselves with the possibilities of
winning a package to perform in the Cirque du Soleil show "O". We
immediately checked out the link and poured over the original listing
(as follows):
MAKE HISTORY PERFORM LIVE W/ CIRQUE DU SOLEIL
eBay item #:1382325325
Started: 9/18/02 at 17:17:33 PDT
Ends: 9/28/02 at 17:17:33 PDT
Listing Prices:
Currently US $30,000.00
Buy It Now for US $200,000.00
PERFORM LIVE ON STAGE WITH CIRQUE DU SOLEIL!
The Cirque du Soleil experience will transform you from an
amazed spectator to a character in the award winning Las Vegas
show "O" by Cirque du Soleil. You will begin your adventure
with four (4) tickets and a backstage tour of Mystère at the
Treasure Island Hotel. Deluxe accommodations for three (3)
days/two (2) nights at the Bellagio Resort; dinner for four (4)
at "Olives Restaurant", await you and your guests to fully
capture the Las Vegas life. One lucky person will then have a
once-in-a-lifetime opportunity to be formally trained by the
Artistic Director and coaching staff of "O" and take part in a
sold out performance. That's right! You are sure to impress
everyone in the audience (including your guests) with all of
your newfound abilities.
THIS PACKAGE INCLUDES THE FOLLOWING FROM "O" AND MYSTÈRE BY
CIRQUE DU SOLEIL:
* One (1) person is trained to perform LIVE ON STAGE in Cirque
du Soleil's production of "O"! You will be trained, styled and
costumed as part of the cast of "O" (according to your
abilities and physical limitations...no matter what there is a
spot for you!).
* Two (2) FIRST CLASS round-trip plane tickets on AMERICAN
AIRLINES (from Continental US 48, Caribbean, Bermuda, Bahamas,
Canada and Mexico to Las Vegas).
* Two (2) exclusive backstage tours (at both "O" and Mystère)
for you and your 3 guests.
* Two (2) beautifully framed, gallery sized posters, signed by
the cast and crew of Mystère and "O".
* Four (4) souvenir programs from "O"
* Four (4) souvenir programs from Mystère
* Four (4) CD's from "O"
* Four (4) CD's from Mystère
* Two (2) hand painted sculptures inspired by characters of the
shows (Zebra from "O" and Le Palmier from Mystère; both by
Judie Bomberger.
The package also includes:
* Three (3) tickets to "O" at the Bellagio Hotel with one (1)
person performing (formal training included)
* Four (4) tickets to Mystère
* Deluxe accommodations for three (3) days/two (2) nights at the
Bellagio Hotel (dates to be mutually agreed upon by package
winner and Cirque du Soleil)
* Dinner for four (4) at Bellagio's "Olives Restaurant"
* Four (4) Cirque du Soleil jean jackets (one (1) medium, two
(2) large and one (1) XL)
* One (1) "Wings" photography book by Veronique Vial
This is a verifiable performance package. The winning bidder
must use this package by October 1, 2003.
***A Cirque du Soleil/MGM Mirage approved release form must be signed*****
Once our jaws had been lifted from the floor we started cranking the
gears at Fascination! to find out whether this posting was too good to
be true. The first step was in contacting the seller directly, asking
whether or not the package was legitimate, where he/she received it
and why it was so expensive. One of the first things that stuck us odd
was the listing price -- $30,000 US initial listing price and a buy-
it-now of $200,000? Thus we wanted to check the facts.
The seller replied the same day advising that 1) the item for sale was
indeed legal, 2) a description of where he got it (the recent Tiger
Jam Auction), and 3) a contact name within the Cirque organization
(who's name and contact information is being withheld) with whom I
could speak to verify the package.
Thus the second step began -- I emailed the contact given, which was
within the Social Affairs office for the Resident Shows Division, to
ask its legitimacy. For good measure, I also sent a communiqué to the
Publicist of "O" and other select people in Montreal for their
verification. Meanwhile, fellow Fascination! staffer Keith Johnson,
contacted Tiger Jam directly who's spokesperson verified that it
"could have been" an item they offered, but they were unable to
confirm (or deny) it and were unable to help us further. With that
avenue exhausted, we waited for a reply from Cirque. Before long those
replies had come in and we turned that information into the
newsflashes we sent to our readers:
Earlier this evening we reported a strange and seemingly
"to good to be true" auction item that appeared on Ebay,
which allows the winner to train for and perform in a
performance of Cirque du Soleil's resident show "O" (as
well as a horde of other amenities). We have received
confirmation from various sources that the package is
indeed legitimate. In fact, this once-in-a-lifetime
opportunity was auctioned off at Tiger Jam V, a charitable
event by the Tiger Woods Foundation held at the Mandalay
Bay Events Center on April 20, 2002. The Tiger Woods
Foundation was established in 1996 by Tiger Woods and his
father Earl to empower young people to reach their highest
potential by initiating and supporting community-based
programs. For fans that can afford the $30,000.00 initial
offering price (and the $200,000.00 Buy-it-now price) this
auction offers an once-in-a-lifetime event that may never
come around again!
This is, of course, all that Fascination! has ever made public about
the auction. Unfortunately we left many questions unanswered, which
no-doubt may have made our readers express a little confusion as to
our agenda, and for that I apologize. I'm here to say today the story
did not end back on that fateful day in September. We did get those
answers and now, finally, I think we can finish what we started to
report to you a year and a half ago.
As we reported, the package was legitimate. It was offered and
approved by the Resident Division of Cirque du Soleil. The package was
offered up for PRIVATE auction at the Tiger Jam V event held at the
Mandalay Bay Events Center on April 20, 2002. At the auction were two
individuals who were the instigators of this game - one, a Mystère
performer and two, our eBay seller. When the item came up for bid, the
Mystère performer (who's name is being withheld) placed an offer of
$15,000 to raise the price (remember, it was for charity), hoping that
someone would outbid him or her. No one did and the package went to
the unnamed Mystère performer. The Mystère performer, however, did not
have the appropriate funds to pay for the item, thus someone in
attendance (our eBay seller) came to the rescue, purchased the item at
cost and placed the winnings up for auction to the highest bidder on
eBay for a substantial profit.
Internally a fiasco brew, once we started our inquiries. Come to find
out, the Resident Division President at the time (who is no longer
with the company I might add) approved the package for use in Tiger
Jam V; however, it was not approved by the higher ups in Montreal.
Therefore a conflict was created: the package was legal, yet not.
Fascination! doesn't currently know what happened with the seller and
what decision Cirque du Soleil ultimately made regarding the package
(whether they'd purchase it back or not), but we know one thing: even
if someone had purchased (or won) this package, there was no way that
person would get to train or perform live on stage.
Why? Liability.
Unfortunately this is where our story ends, but it goes to show that
you never know what will end up on eBay, or what might happen if you
inquire within. As to the recent auction listing regarding the link,
CirqueClub is looking into it.
Consequently, if you're interested, you can see the original
advertisement image posted with the "O" Performance listing, by
logging into the Fascination! Yahoo group (groups.yahoo.com/group/
CirqueFascination/), and selecting Photos and then Issue #33.
=======================================================================
THE CIRQUE CONNECTION:
"Cirque Settles with Matthew Cusick"
By: Keith Johnson - Seattle, Washington (USA)
=======================================================================
We were one of the first on the 'net to break the news about the
Cusick settlement. (Which, when we were first made aware of it,
caused us to do some scurrying to get out, let me tell you!) We sent
out the Lambda Legal press release as a newsflash earlier this month
(reprinted below). Since then, some other details have surfaced
(noted after the press release).
# # #
Cirque du Soleil To Pay $600,000 To End HIV Discrimination Complaint
By Former Performer, In Nation's Largest HIV Settlement Of Its Kind
Settlement mediated by Equal Employment Opportunity Commission
mandates change in Cirque's employment discrimination policy and
requires internal education
(Los Angeles) - Lambda Legal announced today that Cirque du Soleil
will pay a record $600,000 to end an HIV discrimination complaint
filed by one of its former employed artists, who was fired last year
because he has HIV. The settlement ends a nationwide campaign and a
federal disability complaint filed by Lambda Legal on behalf of its
client Matthew Cusick.
"This is a huge victory for working people with HIV because it tells
employers that there's a steep price to pay for HIV discrimination,"
said Hayley Gorenberg, Director of Lambda Legal's AIDS Project. "This
kind of discrimination still happens all across the country, and
today's record-setting settlement will have ripple effects
nationwide."
According to Lambda Legal, today's settlement is the largest public
settlement ever for a HIV-discrimination complaint settled with the
Equal Employment Opportunity Commission. Lambda Legal has battled HIV
discrimination since the first days of the epidemic, and litigated the
nation's first HIV discrimination case in 1983.
"When I was fired by Cirque du Soleil, it was the worst day of my
life. Today is nearly the exact opposite because I stood up for what
I knew was right and changed one of the world's most popular
entertainment companies," said Cusick, who described the Cirque
position as a "dream job" for any gymnast. "This kind of
discrimination tears people's dreams and careers apart. While other
people in all sorts of professions will still face HIV discrimination,
after today they will have a powerful message with the settlement we
reached."
Under the settlement agreement, Cirque du Soleil will host annual
anti-discrimination trainings for all of its employees worldwide and
will adopt a zero-tolerance policy toward discrimination based on HIV
and other disabilities. For two years Cirque will have its records
open to the EEOC, ensuring that the company is in compliance with
today's agreement.
Lambda Legal filed the federal discrimination complaint with the EEOC
in July 2003 against Cirque du Soleil on behalf of Cusick, who was
fired because he has HIV. Before filing the complaint, Lambda Legal
attempted to persuade Cirque to change its position and policy
voluntarily. Although the company's own doctors had cleared him to
safely perform for the Las Vegas-based show "Mystere," Cirque du
Soleil management told Cusick that because he has HIV he is a "known
safety hazard" and the company would not continue to employ him. The
EEOC investigated Cirque du Soleil for several months before
ultimately finding that there was "reasonable cause to believe that
[Cirque du Soleil] discriminated against [Cusick] when it discharged
him because of his disability, record of disability, and being
regarded as disabled." The EEOC then directed a mediation, which led
to today's agreement.
Lambda Legal and community leaders launched a nationwide campaign
against Cirque du Soleil late last year, which intensified over
several months with protests outside Cirque shows in San Francisco,
Los Angeles and Orange County, California. Several thousand people
signed petitions and sent letters to Cirque du Soleil to complain
about Cusick's firing. Cirque du Soleil also came under fire from
local governments with the San Francisco Human Rights Commission
launching its own discrimination investigation, the Los Angeles City
Attorney writing a strongly worded letter to Cirque du Soleil's
founder and CEO, Guy Laliberte, and West Hollywood officials
condemning Cirque du Soleil for firing Cusick.
Some of the nation's most accomplished performers, artists and
celebrities joined the campaign and spoke out against Cirque du Soleil
for firing Cusick. They include Nathan Lane, Chita Rivera, Rosie
O'Donnell, Bebe Neuwirth and Tony Kushner. The Pulitzer Prize-winning
author of Angels in America, Kushner said, "The story of Matthew
Cusick's firing by Cirque du Soleil is only the most recent chapter in
the long, dismal history of discrimination, but it's especially
shocking - and disgraceful - to find bigotry and ignorance about the
AIDS epidemic manifest in 2004 by an organization with so many
connections to the performing arts."
A wide range of leading local, state and national groups - including
HIV/AIDS organizations, LGBT groups, athletic associations, labor
organizations, medical groups and others - joined the campaign against
Cirque du Soleil. Some of them include: the National Association of
People with AIDS; Parents, Families and Friends of Lesbians and Gays;
the National Center for Lesbian Rights; the Gay and Lesbian Medical
Association; Pride at Work, AFL-CIO; The Project to Eliminate
Homophobia in Sport; International Action Center; the San Francisco
AIDS Foundation; the AIDS Services Foundation of Orange County; and
dozens of others.
The settlement of $600,000 includes $40,000 in legal costs for Lambda
Legal with the rest of the money going to Cusick. Part of the
settlement covers future earnings, since Cirque's public hostility
against Cusick over the last year led him to decide not to return to
work for the company. "I wish none of this had ever happened, but if
it had to happen I'm glad it ended with such a strong settlement that
will impact other companies," Cusick said. "I look forward to opening
a new chapter in my life."
# # #
At the same time as the Lambda Legal notice went out (April 22), a
press release was also issued by the Los Angeles Office of the U.S.
Equal Employment Opportunity Commission, the body that negotiated the
settlement. By and large it repeats what was already in the Lambda
release, but added some additional details. Selected paragraphs from
the release follows:
"In addition to the monetary payment to Mr. Cusick, the negotiated
settlement requires Cirque du Soleil to appoint an equal employment
opportunity officer to oversee the annual training of its employees on
the laws enforced by the EEOC, with an emphasis on HIV/disability
discrimination, and to post a Notice in its workplace about the
resolution of the case."
"Under the terms of the agreement, Mr. Cusick will receive $300,000 in
compensatory damages, the maximum allowed for an individual under the
ADA; $200,000 in front pay; $60,000 in lost wages; and $40,000 in
attorneys' fees.
"I commend Cirque du Soleil for working constructively with our
federal agency to resolve this matter prior to litigation," said
Olophius Perry, Director of EEOC's Los Angeles District Office, which
investigated the case and negotiated the voluntary settlement. "I
encourage all employers who are faced with an EEOC administrative
finding of discrimination to use our conciliation process to resolve
the employment dispute quickly and efficiently."
"Director Perry added: "Unfortunately, employers continue to have
difficulty in recognizing what constitutes a 'direct threat' under the
ADA, despite the fact that fourteen years have passed since the law
was enacted. Employers must ensure that employment decisions are not
based on myths or stereotypes, but rather, on reasonable medical
judgments based on current medical knowledge."
"In publicizing this case, Cirque du Soleil agreed to wave the EEOC's
statutory confidentiality provisions which hold that the agency is
strictly prohibited from confirming or denying the existence of charge
filings, investigative findings, or resolutions unless or until the
Commission files litigation against an employer."
We were also able to get ahold of the complete agreement, which we
present in its entirety later on in this issue!
(For further information about the Commission see www.eeoc.gov.)
=======================================================================
BEYOND THE BIGTOP:
"Cirque Can't Trademark 'Cirque'"
By: Keith Johnson - Seattle, Washington (USA)
=======================================================================
The Fascination! Newsletter was also the first on the fannish Web to
bring you the news that Cirque du Soleil had lost its case to
trademark the word "cirque" and to prohibit Neil Goldberg's Cirque
Productions (the presenters of "Cirque Ingenieux") from using "cirque"
in their name. (Whew! We broke a LOT of news this month!) We did a
Google search on the judge in the case, Lloyd D. George, Federal
District Judge of the District of Nevada and found that he has
engendered plenty of controversy. Critics charge he treats Hispanic
and other minority defendants with less leniancy than others. He also
gets lots of ink from the "Don't pay taxes because the IRS is an
illegal entity and paying taxes is voluntary" folks for banning one of
their favorite reference tomes. And for a Reagan-era appointed judge,
one might have expected him to see it Cirque du Soleil's (the "big
business" in this case) way.
But his ruling seems to fall into line with other rulings on similar
issues. Let's take a look at some of the claims made in the case, as
presented in the article written by Liz Bentsen of In Business Las
Vegas, and comment a bit, shall we?
"The crux of Cirque du Soleil's argument was that its company and
performances had come to be known by the moniker "cirque"..."
--Hmm, that's true. In our newsletter, we use "Cirque" to refer to
"Cirque du Soleil", though we're speaking to a specific audience.
"The performance giant also claimed that Cirque Inc. aimed to
capitalize on the popularity of Cirque du Soleil shows with similar
performances."
--Sounds true to me. Success breeds imitation. Trading Spaces or any
of its clones, anyone?
"Cirque Inc., which does business as Cirque Productions and has
offered a touring show called "Cirque Ingenieux," argued that "cirque"
is a generic word because it is the French word for "circus" and
therefore isn't a protectable trademark. Cirque Inc. also said that
the "cirque" name is a term that has preceded Cirque du Soleil by
hundreds of years and has been used to describe a type of circus
popularized in Europe that doesn't use animals and incorporates dance,
visual arts and other art forms."
--Historically accurate.
"In its suit, Cirque du Soleil argued that the moniker "cirque" is
protectable as a trademark because it has become "synonymous with
Cirque du Soleil." "Due to extensive use, the Cirque mark has become
well-recognized, famous and firmly associated with Cirque du Soleil
and its performances in the minds of the American public," the suit
said."
--I would have to say that's true.
"The company produced consumer surveys to illustrate the point and
also asserted that Cirque Inc. began capitalizing on the cirque name
only after Cirque du Soleil became a well-known brand and
intentionally copied the Cirque du Soleil look, confusing customers
into thinking they were seeing a Cirque du Soleil show."
--Got that right! How many times have we had to remind friends that
Cirque Ingenieux (or something else that blew through town calling
itself "Cirque something") wasn't Cirque du Soleil?
"The judge ruled: "If a foreign term is generic at the time it is
introduced to the American consumer, the term cannot be subsequently
acquired for exclusive use."
--Not quite sure that was the case with the word "cirque" in the U.S.
marketplace though. I think most Americans first hear the word
"cirque" as part of the name "Cirque du Soleil."
"In a ruling dated April 5, George said the only similarity between
Cirque du Soleil's trademarked name and the names used by Cirque Inc.
to describe its business was "cirque"-- a generic word. "The non-
generic portions of the various marks are entirely dissimilar," George
ruled."
--That would be true, too. This wouldn't apply to "highly similar"
names such as "Cirque du Rockeil" the Las-Vegas based Rocky Horror
convention that got a cease and desist letter from Cirque du Soleil as
we reported a while back.
"The decision prevents Cirque du Soleil from pursuing a trial to
resolve disputed facts in the case and opens the door for the troupe
to appeal the ruling to the 9th Circuit Court of Appeals in San
Francisco."
--Which, according to folks we've spoken with appears likely. There
are wider implications here, one source noted.
Of course, if we hear of an appeal we'll keep you informed.
=======================================================================
SPECIAL ENGAGEMENT:
"Cusick Conciliation Agreement Legalese"
=======================================================================
It's chock full of legal-speak, but for those interested in the Cusick
case and its outcome we thought you might want to see the agreement in
full. Within these pages is the exact agreement between Cirque du
Soleil (Respondent) and Matthew Cusick (Charging Party) in the matter
with the Equal Employment Opportunity Commission (EEOC).
# # #
An investigation having been made under Title I of the Americans with
Disabilities Act of 1990, by the United States Equal Employment
Opportunity Commission (EEOC), and reasonable cause having been found
under Title I, the parties do resolve and conciliate this matter as
follows:
CONCILIATION AGREEMENT
Charge No. 340-2003-10938
I. GENERAL PROVISIONS
1. This conciliation agreement fully and completely resolves all
issues arising out of Charge #340-2003-10938 through the effective
date of this agreement. The EEOC and the Charging Party will take no
further legal action with respect to, and will not initiate any action
pertaining to, the facts and events which led to the filing of the
charge.
2. Nothing in this Agreement shall be construed to preclude EEOC
and/or any aggrieved individual(s) from bringing suit to enforce this
Agreement in the event that the Respondent fails to perform the
promises and representations contained herein. Neither does it
preclude the EEOC from filing charges in the future concerning events
occurring after the execution of this conciliation agreement. The EEOC
shall determine whether the Respondent has complied with the terms of
this agreement.
3. The parties agree that this agreement may be specifically enforced
in court and may be used as evidence in a subsequent proceeding in
which any of the parties allege a breach of this agreement.
4. EEOC reserves all rights to proceed with respect to matters like
and related to these matters but not covered in this Agreement and to
secure relief on behalf of aggrieved persons not covered by the terms
of this Agreement.
5. The Respondent agrees that it shall comply with all requirements of
Title I of the Americans with Disabilities Act (ADA) of 1990, the Age
Discrimination in Employment Act of 1967, as amended, Title VII of the
Civil Rights Act of 1964, as amended, and the Equal Pay Act of 1963,
as amended, as well as any other applicable laws or regulations of the
jurisdiction in which Respondent conducts business.
6. The Parties agree that there shall be no discrimination or
retaliation of any kind against any person because of opposition to
any practice declared unlawful under the Title I of the ADA; or
because of the filing of a charge; giving of testimony or assistance;
or participation in any manner in any investigation, proceeding, or
hearing under any statute administered by the EEOC.
7. This agreement constitutes the good faith, fair and equitable
settlement of disputed claims. Respondent's entry into and performance
of the terms and conditions of this agreement is not and shall not in
any way be construed as an admission by Respondent of any wrongful
act, acts of discrimination, violations of any federal, state, or
local law, or that any treatment of Charging Party or any other person
was unwarranted, unjustified, discriminatory, or otherwise unlawful.
8. The Respondent agrees that EEOC may review compliance with this
Agreement. As a part of such review, EEOC may require written reports
regarding compliance, may inspect the Respondent's premises, interview
witnesses, and examine and copy documents. EEOC agrees it shall
provide Respondent with written notice of any requests for information
and or inspections and shall allow Respondent reasonable time to
respond, which shall not be less than ten business days.
9. The effective date of this agreement is the date that the last
signature is affixed to this agreement.
10. This agreement shall remain in full force and effect for two years
subsequent to the date of its execution. If the Respondent has failed
to meet any of the provisions in the agreement at the end of the two
years, the duration of the agreement may be extended.
II. GENERAL RELIEF
1. Respondent agrees that it shall not engage in any employment
practice that unlawfully discriminates against an applicant or
employee based on disability, record of a disability, or perceived
disability. Specifically, Respondent will not refuse to hire an
applicant because of disability; discharge an employee because of
disability; or subject an individual to different terms and conditions
of employment because of their disability.
2. Within seven days from the effective date of this agreement,
Respondent will appoint an EEO Officer to oversee the implementation
and fulfillment of this agreement.
3. Within ten days of the effective date of this agreement, Respondent
agrees to issue a policy statement to all employees affirming its
strong affirmation of anti-discrimination laws and its zero tolerance
for employment discrimination. Specific reference will be made to
Title I of the ADA which prohibits employment discrimination on the
basis of disability and prohibits retaliation for opposing any form of
employment discrimination for filing a complaint, testifying,
assisting in or participating in any manner in an investigation,
proceeding, or hearing regarding any form of employment
discrimination.
4. Within thirty days of the effective date of this agreement, the
Respondent agrees to produce a training schedule for the conducting of
at least three hours of annual EEO training specific for its
Supervisors and Managers and those individuals in the Human Resources
departments. Such training shall be provided by an instructor who has
specific experience and education in Human Resources and EEO laws.
Supervisors and Managers will be advised that their failure to abide
by the Respondent's anti-discrimination policies and federal laws
prohibiting such discrimination will result in their discipline up to
and including discharge.
5. Within thirty days of the effective date of this agreement,
Respondent shall begin providing at least two hours of EEO training to
all employees. The training shall have an emphasis on the ADA law
including the hiring of individuals with disabilities and the
providing of reasonable accommodations in compliance with the ADA and
sensitivity training regarding working with individuals with
disabilities with a special emphasis on HIV/AIDS. Company-wide EEO
training shall be given annually to all employees.
6. Within thirty days of the effective date of this agreement,
Respondent agrees to include EEO training as part of the new employee
orientation to all new employees.
7. Throughout the effective date of this agreement, Respondent agrees
to keep logs of the names, position titles, dates and times of
attendance for all training attendees. Copies of the logs will be
provided to the EEOC on a quarterly basis.
8. Within ten days of the effective date of this agreement, Respondent
agrees to post :"Notice to Applicants and Employees" which is
identified as Attachment "A" to this agreement.
9. Within thirty days of the effective date of this agreement,
Respondent shall produce a copy of its' policy complaint with Title I
of the ADA law, with a special emphasis on reasonable accommodation
and hiring practices.
10. Throughout the term of the agreement, Respondent agrees to
maintain applicant flow and hire data of all its positions.
III. CHARGING PARTY RELIEF
1. Within ten days of the effective date of this agreement, Respondent
also agrees to pay the sum of $300.000.00 in compensatory damages to
Charging Party. This payment by Respondent shall be reported on IRS
form 1099 issued to Charging Party, and Charging Party agrees that any
and all tax liability resulting from said payment shall be solely
Charging Party's responsibility.
2. Within ten days of the effective date of this agreement, Respondent
agrees to pay Charging Party the sum of $200,000.00, representing
front pay for approximately five years. It is agreed that this sum to
be paid by Respondent has been precipitated by Charging Party's
refusal to accept reinstatement offered by Respondent. This Payment by
Respondent shall be reported on IRS form 1099 issued to Charging
Party, and Charging Party agrees that any and all tax liability
resulting from said payment shall be solely Charging Party's
responsibility.
3. Within ten days of the effective date of this agreement, Respondent
agrees to pay Charging Party lost wages for the time period of 4/4/03
to 3/4/04, in the amount of $60,000.00 which includes $1,333.43 in
interest. This payment by Respondent shall be reported on IRS form
1099 issued to Charging Party, and Charging Party agrees that any and
all tax liability resulting from said payment shall be solely Charging
Party's responsibility.
4. Within ten days of the effective date of this agreement, Respondent
agrees to pay Charging Party's Attorney fees in the amount of
$40,000.00. This payment shall be reported by Respondent on IRS form
1099 issued to Charging Party's Attorney.
IV REPORTING REQUIREMENTS
1. Within ten days of the effective date of this agreement, Respondent
agrees to provide the Director of the EEOC's Los Angeles District
Office, Attention: DJ Lichten, Federal Investigator:
A. Confirmation of the payment of the Charging Party's
individual monetary relief and the payment of Attorney's fees
referenced herein.
B. Confirmation of the appointment of an EEO Officer.
C. Copy of the Non-Discrimination Policy Statement issued to all
employees
D. Confirmation of the posting of the "Notice to Applicants and
Employees" referenced as Attachment "A" to this Agreement.
2. Within sixty days of the effective date of this agreement and on a
quarterly basis thereafter, Respondent agrees to provide the Director
of the EEOC's Los Angeles District Office, Attention: DJ Lichten,
Federal Investigator:
A. All documents in the training sessions referred to in part II
of the Agreement, including but not limited to, any training
manuals or outlines used. Copies of training materials
specific to training on HIV/AIDS shall be shared with Lambda
Legal for review.
B. Copies of the training attendance logs which will contain the
attendees names, position titles, dates and times of
attendance for all training attendees. Copies of the logs
will be provided for the EEOC on a quarterly basis with a
list of attendees.
C. All documents and correspondence should be mailed to the
Equal Employment Opportunity Commission, 255 E. Temple
Street, Fourth Floor, Los Angeles, CA 90012, to the attention
of DJ Lichten, Federal Investigator.
D. The data may be provided in summary form but the Respondent
shall make available to the EEOC complete copies of all
underlying documentation for review and inspection, upon
request by the EEOC.
# # #
The document concluded with the signatures of Cirque du Soleil,
Matthew Cusick, and Olophius E. Perry, Director of the Los Angeles
District Office of the EEOC.
For further information visit the EEOC at < www.eeoc.gov >.
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PARTING QUOTE
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"I would have wanted not to die. I would have wanted never go
grow up. I would have wanted to unearth all buried grief. Will I
ever have the courage of my indignation?"
-- Quidam (Programme)
=======================================================================
SUBSCRIPTION INFORMATION
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We are anxious to hear any and all comments!
=======================================================================
COPYRIGHT AND DISCLAIMER
=======================================================================
"Fascination!" is Ricky Russo, Keith Johnson, Paul Roberts, and
Wayne Leung.
"Fascination! Newsletter" is a concept by Ricky Russo. Copyright (c)
2001-2004 Ricky Russo, published by Vortex/RGR Productions, a
subsidiary of Communicore Enterprises. No portion of this newsletter
can be reproduced, published in any form or forum, quoted or
translated without the consent of the "Fascination!
Newsletter." By sending us correspondence, you give us permission
(unless otherwise noted) to use the submission as we see fit, without
remuneration. All submissions become the property of the "Fascination!
Newsletter." "Fascination! Newsletter" is not affiliated in any way
with Cirque du Soleil. Cirque du Soleil and all its creations are
Copyright (c) and are registered trademarks (TM) of Cirque du Soleil,
Inc., and Créations Méandres, Inc. All Rights Reserved. No copyright
infringement intended.
=======================================================================
