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Since being founded in 1980, Abelman Frayne & Schwab has grown and established itself as a leading law firm specializing in the protection and enforcement of all forms of intellectual property in the United States and throughout the world. Our clients include major companies in virtually all areas of business, including apparel, alcoholic beverages, automotive, chemical, cosmetics, computers, electronics, entertainment, financial services, foods, hotel services, petroleum, pharmaceuticals, publishing, real estate, retail telecommunications, and toys. While many of our clients are Fortune 500 companies, we pride ourselves on being able to assist smaller companies and individuals in protecting and developing their intellectual property.
Alex Zinchuk joined Abelman Frayne & Schwab in 2005 as a patent agent. Prior to joining the firm, for 25 years Alex worked as a patent agent in several other patent law firms in Cleveland and in New York City. Alex concentrates his practice on patent prosecution in the mechanical and electrical fields.
Mr. Terranella specializes in U.S. and international trademark prosecution. Mr. Terranella is a member of the Trademark Office Practices Sub-committee of the International Trademark Association (INTA).
Frank Terranella joined the firm in 2000 as an associate attorney in the trademark department. Prior to joining the firm, Frank was a partner in a general practice firm for two years. One of his clients during this time was Ingersoll Rand, for whom he acted as trademark counsel. Prior to that, he was General Counsel of Blenheim Group, Inc., a trade show producer. During his five years there, Frank brought all trademark work in-house, registered scores of trademarks and advised on the proper use of trademarks in materials produced by the company.
Frank concentrates his practice on all aspects of U.S. trademark prosecution from search to registration to maintenance. He is very familiar with the workings of the USPTO and has assisted in solving trademark registration problems for many clients over the last 12 years.
Charlie Stein joined Abelman Frayne & Schwab in 2007 upon graduating law school. Prior to entering the intellectual property practice, he gained extensive experience as a licensed Professional Engineer in the electric utility, pulp and paper, and water and waste-water treatment industries.
Charlie concentrates his practice on patent prosecution, including U.S. and PCT applications and the management of foreign patent applications. He also has developed extensive experience in preparing opinions of counsel, including freedom to operate, noninfringement, and invalidity.
He has worked on matters involving a wide array of electrical and electro-mechanical technologies, including power converters, regenerative drives, static reactive power production, negative sequence current injection, wind turbine blade pitch, and low voltage ride through of turbine systems.
Theodore J. Pierson joined Abelman Frayne & Schwab in 2008 as an associate in the patent department. Prior to joining the firm, Mr. Pierson was an associate at a New Jersey law firm practicing in all areas of intellectual property prosecution and litigation.
Mr. Pierson largely devotes his practice to preparing and prosecuting patent applications in various fields of technology, with an emphasis in the mechanical arts and medical devices, including power tools, fitness equipment, catheters, ports, and tissue ablation devices. His experience includes all phases of domestic and foreign patent prosecution (including PCT prosecution).
Mr. Pierson has intellectual property litigation experience including discovery, legal research, and motion practice. He has represented clients in the federal courts within New Jersey. He has also been admitted to represent clients pro hac vice in courts located in other states, including federal courts in Virginia and Connecticut.
Mr. Pierson has prepared opinions of counsel for a variety of patent matters concerning infringement, validity, and patentability. He also has experience in performing due diligence on intellectual property portfolios for mergers and acquisitions.
Steven Hertzberg specializes in patent prosecution and related matters, including infringement investigations and opinions. Prior to entering the intellectual property practice, he gained extensive experience as an engineer in the aerospace and computer industries, and served as corporate counsel for ION Computer Systems, Inc..
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Erica Halstead joined Abelman Frayne & Schwab in 2008 as an associate attorney in the trademark department. Prior to joining the firm, Erica specialized in both foreign and domestic trademark practice at a NYC intellectual property boutique firm. Additionally, Ms. Halstead managed the trademark and copyright portfolio of an education-centric software company.
Erica concentrates her practice on U.S. trademark prosecution, policing, enforcement, clearance and counseling. This includes practice before the U.S. Trademark Trial and Appeal Board in both opposition and cancellation proceedings. Erica also has experience in negotiating and preparing Assignments, License and Co-existence Agreements.
Ralph joined Abelman Frayne & Schwab in 2008 as an associate attorney. Prior to joining the firm, Ralph was concurrently a sole practitioner and counsel for Reveo, Inc., and between 2001 and 2006 exclusively IP counsel and Vice President for Reveo, Inc., where he managed a large, technically diverse patent portfolio.
Ralph's practice concentrates on patent preparation, prosecution and counseling, in the areas of chemical engineering, chemistry and petrochemical processing systems and controls.
Ralph has patent related experience in various technical fields, including chemical processing, electrochemical cells and components, semiconductor processing, liquid crystal devices, mechanical devices, agricultural systems, biotechnology, encoding security systems, computer software, and various consumer products.
Victoria Coleman joined Abelman Frayne & Schwab in 2011 as an associate attorney in the litigation group. Prior to joining the firm, Victoria was an Assistant District Attorney at the Bronx District Attorney's Office in the Investigations Division where she prosecuted, among other things counterfeit, piracy and fraud crimes. She also participated in a global forum on anti-counterfeiting strategies at the United States Patent Trademark Office.
Victoria's practice is focused on litigation cases involving patent, trademark, trade secret and copyright issues on both the plaintiff and defense side. As a member of the litigation group she strategizes to determine the best, most efficient method to obtain optimal results for clients. Victoria is involved in fact gathering, drafting pleadings, electronic discovery and preparing for trial and depositions. Victoria also assists in counseling clients to developing an IP protection program and determine the best way to protect their IP internationally.
Lori Cohen joined Abelman Frayne & Schwab in 1997 where she was an associate through 2002. After a hiatus, Lori returned to the firm in 2007. Prior to joining the firm in 1977, Lori was in house trademark counsel at Jordache Enterprises, Inc. where she was responsible for procuring, maintaining and enforcing rights in the well known Jordache trademarks throughout the world. Lori has also been associated with Hale and Dorr, now Wilmer Hale & Gibbons, where she practiced domestic and international trademark prosecution in industries including pharmaceuticals, wearing apparel, and technology.
Jay Cinamon joined Abelman Frayne & Schwab in 1986 after 20 years as a Senior Patent Attorney at International Paper Company. Jay is experienced in the preparation and prosecution of chemical, pharmaceutical, mechanical and design patent applications before the U.S. Patent and Trademark Office, the European Patent Office and various foreign patent offices, inter parties proceedings in the USPTO, and the preparation of infringement and validity opinions.
Aimee Allen primarily specializes in litigation and transactional work on commercial trademark matters, principally TTAB opposition and cancellation proceedings and USPTO trademark prosecution. She has additional expertise in copyright law and licensing for artists and arts organizations in music, photography, film, visual arts and related fields, as well as experience with the music industry licensing, publishing, and recording contracts.
Davis Toren is a contributor to the Encyclopedia of Patent Law and Law for Executives and Patentrecht In den USA, in addition to contributing articles to a variety of U.S. and German legal publications. Mr. Toren taught law at Newark College of Engineering and has lectured extensively, primarily in Germany, on intellectual property. He is fluent in German, Swedish, Danish, Norwegian and Hebrew.
Tom Spath joined Abelman Frayne & Schwab in 1995 as Of Counsel to continue the patent and trademark practice specialties he developed over the prior 25 years as a partner in two other intellectual property specialty firms in NYC.
Tom's current practice is focused on patent preparation and prosecution in the U.S. Patent and Trademark Office, and in international practice in numerous jurisdictions including the EPO, China, and Japan.
Robert B. Smith's practice specializes in patent prosecution, litigation, and counseling, primarily in mechanical and electrical engineering, advanced materials, and computer related technologies. He also has extensive experience in technology acquisition, opinion work, licensing, and trade secret litigation. In addition to district court litigation, he has argued a number of cases before the Court of Appeals for the Federal Circuit with a very high rate of success.
Mr. Smith's practice has involved patents on communications satellites, tennis racquets and other sporting goods, microprocessor-based control systems, computer software, remote monitoring and control networks, medical devices, automobile engines and hybrid power plants, automobile transmissions, VVVF AC motor controls, automobile security devices, "smart" credit cards and credit card cryptography, plasma physics, elevators, razors, optics, diamond manufacture, aircraft jet engines, power plant equipment, optics, footwear, road paving machinery, hardware, tools, catalyst filters,telephone switching and communications equipment, optical devices for use in projector equipment, business methods, and wind turbines, as well as other areas.
Prior to joining Abelman Frayne & Schwab in 2009, Mr. Smith was a partner at the IP firm Brumbaugh, Graves, Donohue & Raymond. He subsequently practiced for 10 years at White & Case, and 10 years at Skadden, Arps, Slate Meagher & Flom.
Melvin Ortner has extensive experience in advising businesses and transactional matters including licensing, distribution, sourcing, real estate, and commercial agreements. Mel is experienced in advertising law and has successfully defended his clients' promotional programs before the Federal Trade Commission. He also represents executives in employment and separation agreements.
Before joining Abelman Frayne & Schwab in 2003, Mel was the Vice President and Chief Counsel of Sara Lee Branded Apparel. Prior to that he was the Vice President and General Counsel of Playtex Apparel. In these capacities Mel was responsible for the management of high profile litigations. Today he serves on the board of directors of several corporations.
In the civic arena, Mel served two terms as an elected Trustee in the Village of Great Neck, where he also served as Deputy Major and Chairman of the Planning Board.
Jerry Dainow maintains a practice in all fields of intellectual property law with an emphasis on prosecution, licensing and counseling. He has been involved in diverse technical and commercial areas including medical and dental devices, complex mechanical and structural engineering, manufacturing equipment, engines, toys, appliances, designs and trademarks.
Jennifer Waitman joined Abelman Frayne & Schwab in 1998 as an associate attorney in the trademark department. Jennifer concentrates her practice on international trademark prosecution, litigation, cancellation and opposition procedures, counterfeit goods prosecution and the management of trademark portfolios. Her international trademark experience includes drafting of settlement and license agreements and analysis of trademark clearance reports.
Victor Tannenbaum is a founding member of the firm and specializes in licensing and distribution agreements, assignments, contracts, mergers and acquisitions, and changes in ownership, all with respect to intellectual property on a worldwide basis.
Julie Seyler joined Abelman Frayne & Schwab in 1988 as an associate attorney in the trademark department. Prior to joining the firm, Julie was an attorney with the United States Trademark Office, prosecuting trademark applications as well as preparing briefs and oral arguments before the Trademark Trial and Appeal Board.
Julie concentrates her practice on trademark counseling, prosecution and and inter party proceedings before the Trademark Trial and Appeal Board. Her experiences includes analyzing the registrability of trademarks, preparing oppositions and cancellations and following such cases through to final briefs and oral arguments before the TTAB.
Michael Schwab has been with the firm since 1997 and is a partner. Mr. Schwab specializes in trademark and copyright counseling, litigation and counseling on regulatory and other issues in the beverage alcohol, dietary supplement and food industries. His practice includes all aspects of a domestic and international trademark practice, including advising, searching the availability of marks, filing and prosecuting trademark applications, handling contested oppositions, cancellations and litigations, managing worldwide trademark portfolios, enforcing trademark rights, including gray market goods, anti-counterfeiting, and monitoring and preventing infringing third party trademarks, internet and related domain name use and advertising compliance.
Mr. Schwab also negotiates, drafts and interprets license and other agreements, monitors licensee compliance and manages intellectual property due diligence in connection with corporate mergers and acquisitions.
In the beverage alcohol, dietary supplement and food fields Mr. Schwab counsels clients on a wide variety of issues including federal, state, local and international regulatory compliance, international and domestic distribution agreements, federal alcoholic beverage label approval and state brand registrations, advertising compliance, trade practices and customs and international trade matters.
Jeffrey Schwab is a founding member of the firm. He is a patent attorney specializing in intellectual property litigation, licensing, Alternative Dispute Resolution ("ADR"), and advertising law. Mr. Schwab has written various articles on intellectual property licensing and has been a guest lecturer on intellectual property protection at major corporations, universities and bar associations. He was Chairman of the New York Intellectual Property Law Association subcommittee on ADR for 3 years. He has been lead counsel in a number of jury cases resulting in multi-million dollar awards for the Firm's clients. He is an AV rated attorney by Martindale Hubbell, and have been selected for listing for 2013 Top-Rated Lawyers in Intellectual Property by American Lawyer Media and Martindale Hubbell.
Caridad Piñeiro Scordato joined Abelman Frayne & Schwab in 1980 as a clerk, attended law school at night and then worked as an attorney for a number of years before becoming a partner of the Firm in 1994.
Caridad specializes in international trademarks, computer and new media law, publishing and literary law, and international litigation. She has represented a broad range of clients in the pharmaceutical, entertainment, publishing, automotive, alcoholic beverage and food industries.
In the area of publishing and literary law, Caridad brings the unique experience and insights of being a New York Times and USA Today bestselling author, with knowledge of the inner workings of the industry.
As the Firm's Managing Partner for IT, Caridad also has hands-on knowledge and experience in the computer and new media law areas.
Caridad is fluent in Spanish and has a working knowledge of Italian, French and Portuguese. With those language skills she has assisted clients in a number of important overseas due diligence, litigations, and negotiations.
Marie Anne Mastrovito joined Abelman Frayne & Schwab in 1999 as an associate attorney in the trademark department. Prior to joining the firm, Marie Anne was a Trademark Examining Attorney with the United States Patent and Trademark Office and served as a Staff Attorney with the law firm of Jones Day Reavis and Pogue assisting in unfair competition litigation.
Marie Anne concentrates her practice in the field of trademark prosecution and the representation of clients in Opposition and Cancellations actions and ex parte appeals before the U.S. Trademark Trial and Appeal Board. In addition, Marie Anne has represented clients in successful appeals to the United States Court of Appeals for the Federal Circuit.
Marie Anne is also experienced in trademark clearance and investigations, preparing cease and desist letters, drafting and negotiating coexistence agreements, and assignment of marks.
Peter Lynfield joined the firm in 1980. He has been a partner since 1986. Peter concentrates his practice on U.S. and International trademark, copyright, unfair competition and related matters counseling and litigation.
He has advised clients in various industries, including automotive products, pharmaceuticals, veterinary pharmaceuticals and products, fragrances and cosmetics, beverages, real estate development, pet food music labels and groups, charitable fundraising, food additives, television and film production, personal care products, international human rights organizations and health care facilities.
Peter's practice includes representing clients in the selection and adoption of trademarks in all countries; searching, availability, registrability and related opinions; preparation, filing and prosecution of trademark applications in all countries of the world; oppositions, litigations and related actions involving trademarks, copyrights, trade dress, unfair competition, dilution and counterfeiting worldwide.
His practice also includes negotiating and drafting license agreements related to all forms of intellectual property; conducting due diligence, opinions and negotiating agreements in connection with the IP aspects of acquisitions, such as purchase and sales agreements, license agreements, IP security agreements, assignments; recordal of assignments and security agreements worldwide; acquiring domain names through negotiations and alternative dispute resolution procedures; advising clients on issues relating to compliance with U.S. sanctions administered by the Office of Foreign Assets Control.
Norman Hanson joined Abelman Frayne & Schwab in 2011 as a partner. Prior to joining the firm, for 12 years Norman was a partner at Fulbright & Jaworski, a partner at Felfe & Lynch for 6 years and an associate for 8 years, and an associate at Cooper & Dunham for 2 years.
Norman's practice focuses on patent prosecution, interferences, and counseling, in the areas of biotechnology, biochemistry, chemistry, and pharmaceuticals.
He has drafted over 400 patent applications, and has served as lead or associate counsel in approximately 15 interferences. His litigation experience includes deposition practice in the biotechnological and chemical arts, document review and preparation of pleadings. He has argued before the Court of Appeals for the Federal Circuit and was prevailing counsel in Bosies v. Benedict, 27 F. 3d 539 (1994), and In re Gangadharam, 889 F. 2d 1011 (1989).
Anthony DiFilippi joined Abelman Frayne & Schwab in 1995 as an associate attorney in the litigation department. Anthony concentrates his practice on patent, trademark and copyright litigation and counseling. His litigation experience includes analyzing patents and technical issues, preparing pleadings and briefs, taking and defending depositions of fact witnesses, assisting technical experts in their preparation of expert reports, conducting and defending depositions of expert witnesses, and examining witnesses at trial.
Anthony Coppola joined Abelman Frayne & Schwab in 1996 and concentrates his practice in patent, trademark and copyright litigation, patent prosecution, intellectual property licensing, and transactional matters. He has successfully litigated cases in the areas of patent infringement, trademark infringement, theft of trade secrets, trademark counterfeiting and product liability in various jurisdictions throughout the United States.
Anthony's technical background has allowed him to analyze clients' technologies and establish their freedom to operate. He has prepared comprehensive opinions of counsel and successfully negotiated favorable licenses and settlements in numerous patent and trademark disputes.
Joseph Catanzaro is experienced in all aspects of Intellectual Property and specializes in patent practice, including preparing, filing and prosecuting patent applications, appeals, interferences and related Patent office matters; preparing, filing and prosecuting international patent applications; patentability, right-to-use and due diligence investigations and opinions; patent licensing and related matters.
Ned Branthover is the author of "Federal Dilution Act: Famous Marks Get Greater Protection", Japanese Trademark Journal and has lectured on Developments in Trade Dress Protection Since Two Pesos v. Taco Cubana to the Westchester & Fairfield Corporate Counsel Association, 1995. He has also been a lecturer on trademark matters at the INTA Annual Meetings 1996-1999.
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Michael Aschen practices intellectual property litigation and counseling. Michael devotes the majority of his time to litigating cases before the U.S. district courts. His litigation experience includes analyzing patents and technical issues, preparing pleadings and briefs, taking and defending depositions of fact witnesses, assisting technical experts in their preparation of expert reports, conducting and defending depositions of expert witnesses, and bench and jury trials.
Michael has litigation experience in wide array of industries including entertainment, television, automotive, professional sports, petroleum, consumer products, apparel, jewelry, Internet, alcoholic beverages, publishing, finance, printing, telecommunications, magnetics, pet products, semiconductors, fertilizers, industrial piping, hardware, and retail.
Michael has also argued numerous appeals before the United States Courts of Appeal for the Second, Sixth, Ninth, Eleventh and Federal Circuits.
Michael provides clients with counseling regarding the development of patent portfolios, has prepared opinions of counsel, identified and resolved potential infringement disputes, and counseled clients regarding licensing opportunities.
Larry Abelman is a founding member of the firm. Mr. Abelman is well known for his expertise in international and domestic trademark protection and litigation, licensing and distributorship agreements, entertainment and media law.
Since Abelman Frayne & Schwab was founded in 1980, the Firm has grown and established itself as a leader, both in the United States and overseas, in the protection and enforcement of all forms of intellectual property. Our clients include major corporations in virtually all industries, including apparel, alcoholic beverages, automotive, chemical, cosmetics, computers, electronics, entertainment, financial services, foods, hotel services, petroleum, pharmaceuticals, publishing, real estate, retail, telecommunications, and toys. For more information on the Firm's areas of expertise, please click on the Practice Areas link in the menu bar above.
Our attorneys have wide ranging experience in many specialties including patents, trademarks, copyrights, licensing, contracts, mergers and acquisitions, entertainment, new media law, and Internet law. For more information on our attorneys, their areas of expertise, and contact information, please click on the Attorneys link in the menu bar above.Home
On August 19, 1856, Gail Borden of Brooklyn, NY, was issued U.S. Patent No. 15,553 for his process for condensed milk.
The Borden Milk Condenser – on display at the Smithsonian Museum in Washington, D.C.
Before Borden, milk was a child's food, difficult to keep fresh, likely to carry germs – as Louis Pasteur would prove – impossible to preserve safely for more than a day or two. After Borden received his '553 patent for "producing concentrated milk in vacuo," condensed milk became an important part of the dairy industry. For the first time milk could be kept pure and storable without benefit of refrigeration. For the first time, too, it could be distributed over great distances.
After several short-lived attempts to market his product, Borden found a New York investor and in 1858 founded the New York Condensed Milk Company (later renamed the Borden Company). The company became truly profitable during the Civil War when the Union Army purchased all the condensed milk Borden could produce.
Today, everyone has heard of Borden's condensed milk … "The milk from contented cows." This slogan was one of the great American advertising campaigns. Borden's is still in business and is one of the largest dairy product concerns in the world. The familiar flat-topped cans of Borden's Eagle brand condensed milk are still available (and have been continuously sold for nearly 150 years!), as are Borden's ice cream, cheese and other products — all with the seal of approval by Borden's famous mascot, Elsie, the cow.
The Borden Family of Companies, named after Gail Borden, does nearly $3 billion of business a year. In addition to selling and licensing other companies to sell milk, ice cream and cheese under the Borden name, it sells industrial chemicals, consumer adhesives, housewares and packaged foods.
Make some Intellectual Property History this week!By: Anthony A. Coppola, partner Abelman, Frayne & Schwab
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Michael Schwab, Esq.
On April 29, 2014, the United States Supreme Court lowered the burden required for a prevailing party to recovery attorney's fees in certain patent litigations. In two unanimous decisions the Court set aside Federal Circuit precedent defining a framework for evaluating "exceptional cases" (Octane Fitness LLC v. ICON Health & Fitness, Inc) and the standard used by appellate courts when reviewing a district court's decision regarding an award attorney's fees (Highmark, Inc. v. Allcare Health Management System, Inc.) under 35 U.S.C. § 285.
Prior to 1946, the Patent Act did not authorize an award of attorney's fees to a prevailing party in a patent litigation. The "American Rule" governed and each litigant was required to pay its own attorney's fees. In 1946, a discretionary fee shifting provision was added to the law. It is presently expressed in 35 U.S.C. § 285 which states that "the Court in exceptional cases may award reasonable attorney's fees to the prevailing party."
In Brooks Furniture Manufacturing, Inc. v. Dutailer Int'l, Inc., 393 F.3d 1378 (Fed. Cir. 2005) the Federal Circuit defined a two pronged test for determining "exceptional cases" under 35 U.S.C. § 285. Attorney's fees could be imposed only if the litigation was both (1) brought in subjective bad faith, and (2) objectively baseless. The Federal Circuit also found that the question of whether a litigation was objectively baseless to be a mixed question of law and fact which should be reviewed by an appellate court de novo.
In Octane, a larger company that never commercialized the patent in suit brought an infringement action "as a matter of commercial strategy." The District Court found non-infringement to be self-evident to anyone who visually inspected the accused devices, but refused to award attorney's fees on the basis that the two prongs of the Brooks Furniture test were not satisfied. The Federal Circuit affirmed.
The Supreme Court reversed finding the Brooks Furniture test to be unduly rigid and an impermissible encumbrance on the discretion granted to district courts under 35 § 285. According to the Supreme Court an "exceptional" case is "simply one that stands out from the others with respect to the substantive strength of a party's litigation position." Under this standard a district court should determine whether a case is "exceptional" using its discretion on a case by case basis "considering the totality of the circumstances." The Supreme Court also reversed Federal Circuit precedent that required a litigant to establish an entitlement to attorney's fees by "clear and convincing evidence." The Supreme Court found this standard to be too burdensome holding that 35 § 285 requires a "simple discretionary inquiry" and that it does not impose a "specific evidentiary burden, much less a higher one."
In Highmark the Supreme Court again reversed the Federal Circuit, this time with respect to the de novo standard of review established for an appellate court to determine an exceptional case under 35 § 285. The Supreme Court held that an appellate court should review a district court's determination under 35 § 285 based on an abuse of discretion standard of review.
The Octane and Highmark decisions are likely to have a dramatic impact not only on non-practicing entities, but on patent litigation in general. There is now less predictability about how a district court will decide if a case is "exceptional" and a greater likelihood that a request for an award of attorney's fees will be granted.
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By Julie Seyler
How does the law determine what is considered to be the fair use copying of another artist's work? How close can the copier come to the original without being deemed an infringer?
In Patrick Cariou v. Richard Prince, the renowned appropriation artist Richard Prince used complete and partial images from a series of photographs taken by Patrick Cariou of landscapes and portraits of Rastafarians living in Jamaica to create his own series of 30 paintings and collages titled Canal Zone. Cariou's planned gallery exhibition was cancelled and Prince sold his work for upwards of $2,000,000.
Cariou sued for copyright infringement. Prince defended on the ground that his appropriation of Cariou's photographs fell within the fair use exception of the Copyright Act of 1976. The District Court for the Southern District of New York agreed with Cariou. Cariou v. Prince, 784 F. Supp. 2d 337, 349 (S.D.N.Y. 2011).
The Second Circuit Court of Appeals did not. It reversed the lower court's finding of infringement as to 25 of Prince's works finding them to be transformative as a matter of law and vacated and remanded the case back with respect to the other 5.
The Court affirmed that when reviewing claims of copyright infringement the standard of fair use is broad and the creation of art should be encouraged. Further it admonished the District Court for imposing a standard that the secondary work "comment on the original artist or work or popular culture". Rather the Court held that the primary determinative factor is whether the secondary work is transformative in nature such that it imbues the original with a new meaning, a new expression, a new message, a different character.
The Court looked to Article 1, Section 8, clause 8 of the U.S. Constitution and quoting from its decision in Castle Rock Entm't, Inc. v. Carol Publ'g Grp., Inc., 150 F.3d 132, 141 (2d Cir. 1998), asserted that the "ultimate test of fair use … is whether the copyright law's goal of 'promoting the Progress of Science and useful Arts' … would be better served by allowing the use than by preventing it." Castle Rock, 150 F .3d at 141.
Turning to a consideration of the fair use exception set forth in the statute, the Court reviewed each factor separately. However, its finding that 25 of Prince's collages and paintings were transformative as a matter of law under the first factor (which focuses on the purpose and character of the use) impacted its analysis on factors 2, 3 and 4.
I. The purpose and character of the use. Is it commercial or educational?
Citing Castle Rock, supra; Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 578-79 (1994); Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539,560 (1985); Blanch v. Koons, 467 F.3d 244, (2d Cir. 2006); Pierre N. Leval, Toward a Fair Use Standard, 103 Harv. L. Rev. 1105, 1107 (1990), the Court stated that the law directs that the following issues be considered in assessing this factor:
If so, the use of the copied work may well be deemed fair.
The Court examined Prince's work with this framework in mind and documented the differences between his paintings and collages and Cariou's photographs. The Court found substantive differences in appearance, composition and materials:
|Photographs from Yes Rasta
|James Brown Disco Ball
|In the Court's view:
|The photographic portraits were" serene and deliberately composed"
The landscapes were intended to reveal the "natural beauty of Rastafarians and their surrounding environs".
|The work was characterized as "crude and jarring"; "hectic and provocative"; "a post-apocalyptic screenplay"
|The work consisted of black-and-white photographs
|The work incorporated color, distorted human and other forms and settings
|The photographs were compiled in a 9½ x 12″ book.
|The paintings measure between ten and nearly a hundred times the size of the photographs.
|The composition, presentation, scale, color palette, and media are fundamentally different and new compared to the photographs
Thus from the Court's interpretation of the statute and the case law, the issue is not whether one appropriates the work of another but, when appropriated, whether it transformed the old sufficiently such that new information, new aesthetics, new insights and understandings are conveyed.
Consequently, the artist's intent in using the original work is not the determinative factor. Rather the Court indicated that the law dictates that the focus of the inquiry is how the work in question appears to the reasonable observer. Campbell, 510 U.S. at 582; Leibovitz v. Paramount Pictures Corp., 137 F.3d 109, 113-14 (2d Cir. 1998).
Further once it is determined that the new work is transformative, the fact that it generated substantial commercial benefit to the secondary user does not appear to carry much weight:
This factor must be applied with caution because, as the Supreme Court has recognized, Congress "could not have intended" a rule that commercial uses are presumptively unfair. Campbell, 510 U.S. at 584 Instead, "[tjhe more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use." Id. at 579. Although there is no question that Prince's artworks are commercial, we do not place much significance on that fact due to the transformative nature of the work.
2. The effect of the use upon the potential market for the value of the copyrighted work
Although the gallery Cariou had lined up for a show of his copyrighted photographs cancelled it when it learned of Prince's show at another gallery, the Second Circuit, unlike the District Court, was not persuaded that this contributed to a finding of infringement:
Contrary to the district court's conclusion, the application of this factor does not focus principally on the question of damage to Cariou's derivative market. We have made clear that "our concern is not whether the secondary use suppresses or even destroys the market for the original work or its potential derivatives, but whether the secondary use usurps the market of the original work." Blanch, 467 F.3d at 258; NXIVM Corp. v. Ross Jnst., 364 F.3d 471, 481-82 (2d Cir. 2004).
Usurpation occurs only where the target audience for the secondary work and the nature of the work is the same as the original. It follows that the "more transformative the secondary use, the less likelihood that the secondary use substitutes for the original," even though "the fair use, being transformative, might well harm, or even destroy, the market for the original." Castle Rock, 150 F.3d at 145.
Reviewing the evidence and testimony, the Court determined Prince's work did not usurp the market for Cariou's work. The Court pointed out that:
The Court concluded that this fair use factor weighed in Prince's favor.
3. The nature of the copyrighted work
This factor includes a consideration of whether the work is expressive or creative; factual or informational; published or unpublished. The Court noted that Prince's work was creative and had been published, factors that weigh against a finding that the use had been fair. However, because the work had been deemed transformative this factor was not given great weight either.
4. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The Court noted that Prince had lifted certain photographs in their entirety but again the transformative nature of the work was more important. However the Court found that 5 of Prince's collages bore a closer resemblance to the original
The Court detailed the alterations made by Prince, but concluded they were minimal. The case was remanded to determine whether the changes to those artworks presented a "new expression, meaning, or message." Campbell, 510 U.S. at 579. More to follow.
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By: Michael J. Schwab, Esq.
On March 19, 2013, in a 6 to 3 decision the Supreme Court held that the first sale doctrine under the Copyright Act applies to copyrighted works legally made aboard. Kirtsaeng v. John Wiley & Sons, No. 11-697, (U.S. Mar. 19, 2013).
Copyright law grants the copyright owner a number of rights including the exclusive right "to distribute copies or phonorecords of the copyrighted work to the public for sale or transfer of ownership, or by rental, lease or lending." The first sale doctrine, also known as the "exhaustion" doctrine, is an exception to this right of distribution. Under the doctrine once the owner of a physical work subject to copyright sells or transfers that work, his interest in the material object is exhausted, and the buyer is generally permitted to resell, rent, gift or destroy the work without violating the copyright owner's rights.
The case arose out of Kirtsaeng's importation and resale in the United States of Wiley text books which were printed and purchased by Kirtsaeng (or his friends and family) in Thailand. Wiley sued claiming that Kirtsaeng's unauthorized importation and resale of the text books infringed Wiley's copyrights. Kirtsaeng argued that the books were lawfully produced and acquired legitimately, and that the first sale doctrine permitted him to import and resell them without Wiley's permission.
The District Court held that the first sale doctrine did not apply to goods manufactured abroad. The jury found that Kirtsaeng willfully infringed Wiley's U.S. copyrights and awarded it $600,000 in damages. The Second Circuit affirmed.
The Supreme Court reversed after concluding that the phrase "lawfully made under this title" did not impose a "geographic limitation" on the Copyright Act and that the first sale doctrine, therefore, permits the importation and resale of copies made and acquired abroad.
The decision will have a significant impact on how copyright holders produce and distribute their works abroad.
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By Anthony J. DiFilippi
The "Theft of Trade Secrets Clarification Act of 2012" was signed into law by President Obama on December 28, 2012. Its purpose is to clarify that the "Economic Espionage Act of 1996", 18 U.S.C. §§ 1831-39, covers the misappropriation of trade secrets used in connection with products or services used or "intended for use" in interstate or foreign commerce.
The legislation responds to a ruling by the Second Circuit in U.S. v. Aleynikov, 676 F.3d 71 (2d Cir. 2012). In Aleynikov, the Court overturned a jury verdict finding that the defendant's theft of computer code from his employer violated Section 1832(a) of the Economic Espionage Act. The Court vacated the jury's verdict because the defendant's conduct failed to satisfy the interstate or foreign commerce requirement of the statute.
The Economic Espionage Act, as amended, applies to a trade secret "that is related to a product or service, to the economic benefit of anyone other than the owner thereof." The new law expands its coverage in two ways. First, protected trade secrets now include those incorporated in products or services. The applicability of the Economic Espionage Act to services was previously unclear. Secondly, protection of trade secrets is extended to those "used in or intended for use in interstate or foreign commerce." The Act, therefore, now covers not only products and services actually used, but also those which may be used in interstate or foreign commerce.
On January 1, 2013, Congress also passed a bill enhancing the penalties for violations of the Economic Espionage Act. See, H.R. 6029–112th Congress: Foreign and Economic Espionage Penalty Enhancement Act of 2012 (2012). See http://www.govtrack.us/congress/bills/112/hr6029. The President signed the bill into law on January 14, 2013. The bill increases the upper limit of penalties for individual offenses of Section 1831(a) from $500,000 to $5,000,000. The upper limit for corporate offenses of Section 1831(b) has been increased from $10,000,000 to the greater of $10,000,000 or 3 times the value of the stolen trade secret, including expenses for research and design and other costs of reproducing the trade secret that the owner has thereby avoided.
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Beast Bracelet
One-of-a-kind men bracelet with unique wire wrapped raw Agate natural stone with size around 1 1/5" (30 mm) and a black glossy skull charm. It is linked with big black curb chain and black coated cable chain for its inner layer. Bracelet 8 1/2" (22 cm) L. Toggle clasp closure. You may purchase this stylish bracelet for his birthday or anniversary gift!
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Tampa Bay Lightning defenseman Sami Salo had belief in himself as they faced the New York Islanders. He knew if he got the chance to make a score he would not fail to do so. So he kept thinking one thing over and over in his mind, and that was to be ready at any instant.
"You've got to tie up your skates. I might get a chance," he kept thinking.
And when the time came to move it or lose it, Salo did not fail and the Lightning player proved himself in the most crucial of time. He took advantage of a shootout that allowed the Lightning to win the match 3-2. Salo said that he was really optimistic about the shot and the feeling to win a match under these tight circumstances was a really good one.
"It just happened to go in," said Salo. "It was obviously good for us. It's a good feeling."
Tampa Bay coach Jon Cooper was happy about his own victory but commended the Islanders for putting up a great fight but it was them who emerged victorious and proved themselves to be the better team in the matchup.
"First and foremost, we got two points. So, that's what we need out of the game. We're going to have to do better than that," Copper said. "Give the Islanders some credit, they played really hard. Definitely, there were positives in the game, but as a whole, we're a better 5-on-5 team than we showed tonight."
With the loss the Islanders dream of making it to the postseason is over. Islanders defenseman Travis Hamonic said they were trying to improve in every game that they played and despite the loss he knew the team had played better than most of their games and done well.
"We are trying to play hard at this point of the season, and we're trying to get better each and every day,"
Hamonic said. "I thought we played a pretty good game."
Tampa Bay Lightning beat NY Islanders in 13 round shootout
3/28/14 in NHL | Mia781 | 953 respect


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I got lots of amazing suggestions for polishes. 3 people recommended Bikini So Teeny which I already own and love (pictured above is actually from my tumblr when I posted it in different lights) - it is possibly my favorite polish. However, I don't think I'll go with because I'd probably have to buy a new bottle just so it wouldn't be the weird consistency is it now from being old and overused.
Since one of my weddings colors is a mint green, I'm starting to lean towards that Butter London Fiver or Essence You Belong To Me. Zoya Blu is also gorgeous.
I love all the colors people suggested. I had one person tell me that I shouldn't go with blue because I'd regret it. I fully expect to regret everything from my wedding in like 10-20 years because that is how weddings work.
Kevin and I started trying to name all the things we will notice in our wedding photos in years to come that will make us cringe. Our list so far includes: my ombre-ish hair, his glasses, his mustache, the skinny ties the guys will wear, my dress, the colors, my makeup, my hair. It is bound to happen. Find a wedding from the 80s that you don't point out the shoulder pads, teased hair, mullets, huge veils that also look teased, etc.
Anyway, I wanted to thank everything that gave me suggestions - you may have made my decision harder but at least now I can start testing out these colors.


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Glenn McCoy by Glenn McCoy
- December 22, 2012
- From Beginning
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Comments (54) (Please sign in to comment)
That is SO OLD glenn- don't you have any new material?
Great toon. It really is a trap that causes people to have a victim and entitled mentality.
comicgos is afraid of the truth, or just plain ignorant!
"The American Republic will endure, until politicians realize
they can bribe the people with their own money."
– Alexis de Tocqueville (1805–1859)
"I have never understood why it is 'greed' to want to keep the money you've earned,
but not greed to want to take somebody else's money."
– Thomas Sowell
"I predict future happiness for Americans if they can prevent
the government from wasting the labors of the people
under the pretense of taking care of them."
– Thomas Jefferson
"There are two ways to conquer
and enslave a country.
One is by the sword.
The other is by debt."
– John Adams
Generic toon, looks like Mr. McCoy was late for the deadline.
- BTW, "free stuff" like public roads, clean water, clean air, most of the internet's infrastructure, fire departments, police departments, mail delivery, most of the school system . . .
No one is asking or expecting "free stuff." This is just one more sad, pathetic example of Republican's "messaging."
Are you awake? Both parties buy votes with free stuff, to people and corporations. Politicians buy the people's votes with stuff, the corporations buy the pols votes for a license to steal.
this strip should be seen by all liberals/bho voters and rinos
I would like to add:
"Government cannot make man richer,
but it can make him poorer."
by: Ludwig von Mises
(unless of course you're a congressman or the friend of a government official that awards government contracts)
Free stuff like police at every school.
How long are you right wing nuts gonna keep whining the "free stuff" line, its old, not funny and actually stupid.
They are free to say free. Wrong, but free to say it.
Yeah, like the rich feeling like they're being persecuted for having tons of money, and being denied their entitlement to tax cuts and loopholes.
Obama gots the votes of the bottom 20%, I gots my Obamaphone and the evil rich guy has to pay for it. its win all all around.
at least that what this PAID protester thinks.
Oh Obama will also put gas in you car.
i am wondering what is wrong with big government? and, what is wrong with small government?
9/10 tenths can be done by local and state government not Washington.
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We have been blessed with 9 beautiful Dalmatian puppies,
parents are AKC with great pedigrees, puppies come with age appropriate vaccines, health checkups, hearing tested, raised indoors, well socialized, puppy packs, bag of science diet puppy food. We have a facebook ...
Oct 30 -
Pensacola :
Crestview - Dogs & puppies
Dalmatian - Bella Needs Foster! - Medium - Young - Female - Dog
Please contact ADOPTION [email removed] for more information about this pet. Bella is a beautiful girl with undying affection for any person who is kind to her. Her history is unknown, but we suspect people ...
Oct 19 -
Atlanta :
Atlanta - Dogs & puppies
Dalmatian - Petey - Medium - Adult - Female - Dog
Petey is a very sweet calm dog. She weighs about 50 lbs and has soft white fur like a puppy. Petey does not do well with cats but loves everyone else. If you are interested in this sweet girl go to www.hsnwga.org to fill out ...
Oct 13 -
Chattanooga :
Dalton - Dogs & puppies
Dalmatian - Sophie - Medium - Adult - Female - Dog
Sophie was rescued w/ her buddy out of the shelter-their family was moving. Her buddy has since adopted but this poor girl has been left behind. She's a wonderful dog-affectionate and cuddly. She's really a couch potato but ...
Oct 6 -
Knoxville :
Maryville - Dogs & puppies
Dalmatian - Yara (valdosta's) - Large - Baby - Female - Dog
Hi, my name is Yara: (def: as a girl's name is pronounced YAH-rsh. It is of Brazilian and Arabic origin, and the meaning of Yara is water lady; small butterfly). I was born on January 13th, 2014 in Lowndes County, ...
Sep 26 -
Atlanta :
Alpharetta - Dogs & puppies
Dalmatian - Nixie (valdosta's) - Large - Baby - Female - Dog
Hi, my name is Nixie (def: as a girl's name is of Old German origin, and the meaning of Nixie is water sprite. Unusually beautiful.) I was born on January 13th, 2014 in Lowndes County, Georgia, and was rescued the ...
Vet check, Up-to-date on deworming and shots For more information call 256-228-8555
Look on my website www.farmersdalmatians.com for pictures look under CKC puppies available it will scroll down then hit the CKC puppies that are available or call 256-228-8555 we have 2 ...
Sep 26 -
Chattanooga :
Section - Dogs & puppies
Dalmatian - Raz Girl - Medium - Senior - Female - Dog
Raz Girl is a beautiful gentle Dalmatian senior looking for a happy home to live out her golden years in. She is spayed and up to date on shots.
Breed: Dalmatian
Size: Medium
Petfinder ID: 28315861
Sep 26 -
Macon :
Macon - Dogs & puppies
Dalmatian - Saydee - Medium - Young - Female - Dog
SAYDEE is a one to two year old dalmation mix who has 101 reasons why you should adopt her. She is cute, playful, smart, loving, spotted, learns quickly, HW negative, weighs 42 pounds, has a patch over one eye, has had some ...
Sep 23 -
Clarksville :
Union City - Dogs & puppies
Female dalmatian available. Very sweet, loves to be inside. Is house trained and does great with hand commands. She is deaf, so please only inquiries that understand how to take care of special needs dalmatians. She is UTD on vaccinations and has had her rabies shot. Spayed. ...
Sep 20 -
Atlanta :
Villa Rica - Dogs & puppies
Domestic Short Hair - Black and white - Pongo *courtesy Post*
Pongo is a two year old cat who celebrates his birthday on St. Patricks Day. As you can see, he is black and white and so he is named after the character from 101 Dalmatians. Pongo definitely has a big ...
Aug 10 -
Atlanta :
Alpharetta - Cats & kittens
American Bulldog - Lola - Large - Adult - Female - Dog
Please help me find a FUREVER home. My name is LOLA. I am approximately 3 yrs old (as of June 2014), spayed, up to date on shots, and on a consistent regimen for heartworm /tick/ flea prevention. I dont know who or what ...
Aug 10 -
Mobile :
Mobile - Dogs & puppies
Dalmatian - Sugar - Large - Adult - Female - Dog
Breed: Dalmatian
Size: Large
Petfinder ID: 29771994
Pet has been spayed/neutered
Colbert Veterinary Rescue | Colbert, GA | 706-548-2233
For additional information, reply to this ...
Aug 8 -
Atlanta :
Colbert - Dogs & puppies
Dalmatian - Jacks - Large - Adult - Male - Dog
Jacks sadly has been with SAP for going on seven years. Smiling Jacks is a very happy dog although somewhat shy at first. He is a big dog with a huge heart, protective, loyal with tons of love to give. Jacks is very playful, ...
Aug 7 -
Macon :
Forsyth - Dogs & puppies
Labrador Retriever - Willie - Large - Adult - Male - Dog
COURTESY LISTING!! This animal is presently in the care of a person who hopes to find it a good home. The Humane Society of West Alabama does not sponsor or foster the animal, but provides this courtesy information to ...
Oct 13 -
Tuscaloosa :
Tuscaloosa - Dogs & puppies
Dalmatian - Twilight - Medium - Adult - Female - Dog
My name is Twilight, and I spent a few weeks at the dog pound before a very nice family took me home with them. I loved it there, and they loved me, but someone in the family was very sick, and there was no longer anyone ...
Feb 27 -
Jackson (TN) :
Dresden - Dogs & puppies
Dalmatian - Ringo - Medium - Adult - Male - Dog
My name is Ringo, although I'm not sure if it's because I'm such a rock star or if it's because I have rings on my beautiful tail! I lived on my own for a long time, and several people tried to catch me. Most of them weren't ...
Dalmatian - Dunn - Medium - Adult - Male - Dog
Dunn came from the local dog pound. His time was up, and he didn't want to hang around to see what was next. Dunn and his brother, Brooks, came to live at Red Fern. Dunn is a very shy dog. He spent too much time without people. ...
Dalmatian - Brooks - Medium - Adult - Male - Dog
Brooks came from the local dog pound. His time was up, and he didn't want to hang around to see what was next. Brooks and his brother, Dunn, came to live at Red Fern. Brooks is a very shy dog. He spent too much time without ...
Dalmatian - Sienna (homeless Since June 2011!!) - Large - Adult
Intake date: 5/31/2011 available date: now! approximate age: 1-2 years Good with other dogs? not yet tested Good with cats? not yet tested Sienna is a beautiful, quiet girl who doesn't draw a lot of ...
Jul 4 -
Clarksville :
Russellville - Dogs & puppies
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UnRoman BritainThe History Press 2011; US$ 23.32
When we think of Roman Britain we tend to think of a land of togas and richly decorated palaces with Britons happily going about their much improved daily business under the benign gaze of Rome. This image is to a great extent a fiction. In fact, Britons were some of the least enthusiastic members of the Roman Empire. A few adopted roman ways to... more...
Thistle and BambooHong Kong University Press, HKU 2010; US$ 40.00
Colonial civil servant, Confucian scholar, and collector of Chinese art, Sir James Stewart Lockhart spent more than forty years in Hong Kong and Weihaiwei the former British leased territory in northern China. His career reflects tension and upheaval in the emerging colony of Hong Kong and in a China rapidly giving way to civil war. In her vivid... more...
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This book is an annotated edition of John Stows Summarie of the Chronicles of England (1604). Stow (1524/51605) was a citizen historian who offers a concise, narrative history of England from the earliest time to the reign of James I, who succeeded Elizabeth in 1603. This abridged chronicle offered readers of lower social and economic status... more...
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This book brings together many of John Barrell's essays - some written especially for this volume - on the history and politics of culture in eighteenth-century Britain. It addresses a wide range of cultural practices - painting, sculpture, poetry, the law, the division of labour - discussing them in relation to such issues as sexuality, the body and... more...
From Legislation to Integration?Palgrave Macmillan 1999; US$ 134.00
Britain is now permanently a multi-racial and multi-cultural society, with a race relations legislative framework. From Legislation to Integration? provides a unique and comprehensive analysis of the contribution made by this legislation to the development of British race relations. The politics of the Race Relations Act 1976, the issues regarding... more...
The Scots and Medieval Arthurian LegendBoydell & Brewer 2005; US$ 80.00
First full-length exploration of the Arthurian legend in Scotland. more...


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What If: The Debenhams Cup
Nearly three years ago back in December 2010 I wrote a blog post about The Debenhams Cup. Go on click the link to head on over and read all about this fascinating if short-lived competition. It only lasted two seasons in the late seventies but it's qualifying conditions were interesting and it's a shame it didn't continue.
It was contested by the two teams who progressed the furthest from the first round proper of the FA Cup. Therefore only third and fourth division clubs and non-league survivors of the earlier qualifying rounds were eligible. The original blog post lists those clubs that would have contested the Debenhams Cup had it started in 1947 thirty years before it actually did. A comment on the original post mentioned how interesting it would be to see a list of finalists had the competition continued to the present day.
Compiling this list of Debenhams Cup finalists that never were is something I've been meaning to do ever since and after three years I've finally got round to it. So click through to reveal the list in all it's glory.


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Jasmine Celebrates "Great Bratbino" With Song
Rangers CentralShop for Rangers Gear
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Sports Fan Insider
DALLAS (105.3 THE FAN) – The culinary geniuses at Rangers Ballpark in Arlington have unleashed another unholy creation on the hot dog loving world, and it's all in honor of slugger Josh Hamilton.
The $26 monster dubbed "Great Bratbino" is a bratwurst creation that will come stacked with sauerkraut, but can be topped with chili, nacho cheese, grilled onions and jalapenos…anti-acids not included.
New School's Jasmine was so excited about getting her hands on this giant meat-cicle that she composed a special song that describes her feelings of joy and hunger.
PLAY: Jasmine's ode to the "Great Bratbino"
*Listen to New School with Shan, Choppy, Jasmine & Troy weekdays 5:30 a.m. – 10:00 a.m. on 105.3 The Fan.
(© Copyright 2012 KRLD FM, 105.3 The Fan, CBS Local. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)
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There are not currently any yard sales posted in blossom, tx this week.
But there have been 4 yard sales, garage sales, estate sales, and tag sales posted in blossom, tx since we started!
So check back frequently.
Also, bookmark (type "CTRL + D") this page, or share it:
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Las Palmas Del Sol Healthcare is the leading healthcare provider for El Paso and the
surrounding region. Our physicians, nurses and staff are committed to keeping our
community healthy and delivering the highest quality patient care available.
As full-service hospitals, we offer comprehensive medical services in nearly
every specialty, so you are never far from the care you need.
Krisha McCoy, MS
A nerve conduction study (NCS) is a test that measures the speed and strength of electrical activity in a nerve. The test can gather information about the structure and function of both muscle and nerve.
Copyright © Nucleus Medical Media, Inc.
A NCS is most often done to:
There are no major complications associated with this test.
Before your procedure:
Your skin will be cleaned. Electrodes will be taped to the skin along the nerves that are being studied. A small stimulus will be used to apply an electric current that causes the nerves to activate. The electrodes will measure the current that travels down the nerve pathway. The current will be slower and weaker if your nerve is damaged. Your doctor will use the stimulus at different places to determine the specific site of the damage.
Nerve conduction studies are often done along with
You will be able to resume your daily activities after the test is complete.
About 30-90 minutes
You will feel mild discomfort from the shocks. It should not be very painful.
Your doctor will study the information from the test. A report should be ready within a few days.
Call your doctor if you have any questions or concerns following the test.
In case of an emergency, call for medical help right away.
Please be aware that this information is provided to supplement the care provided by your physician. It is neither intended nor implied to be a substitute for professional medical advice. CALL YOUR HEALTHCARE PROVIDER IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. Always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
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T-Engine Forum is pleased to announce that it will hold 2014 TRON Symposium (in parallel with TRONSHOW exhibition) in Dec. 2014, this year. This Symposium will be held with technical co-sponsorship of IEEE Consumer Electronics Society (CES). The symposium will feature keynote, panel sessions, and paper presentation sessions. Call for papers is posted on this website. Due to popular demand, deadlines have been re-extended. We welcome submission of papers.
CAUTION about the numerical YEAR in the title:
TRON Project has been using the next numerical year as part of the generic name of the annual symposium and its accompanying exhibition for the last dozen years or so. So the event would have been named "TRONSHOW2015" if we had followed the old practice. But there is an IEEE internal preferred policy for using the numerical year in the title of the annually event which IEEE and its societies sponsor or co-sponsor. And it was implicitly assumed that the year is the year when the event is held. So it was decided that the symposium to be held in December 2014 is called 2014 TRON Symposium, and the accompanying exhibition is simply referred to as TRONSHOW without the next numerical year in the title to avoid confusion! 2014 TRON SYMPOSIUM (TRONSHOW 2015) would have been too confusing. Yes, TRONSHOW2014 (symposium and exhibition combined) was already held last year in 2013. We have decided to do away with the past naming practice. Please be aware of this year number issue when you read the web pages of TRONSHOW in the past.
will introduce an open standard development environment for real-time systems aimed at building ubiquitous computing environments where every object has a computer embedded in it and is connected to a network.
will introduce the OS (ITRON, T-Kernel) and middleware that are required for so-called embedded systems, development environments, application examples, etc. such as mobile information
The "Ubiquitous Computing" is finally becoming a reality. The aim is to establish basic technology that permits the automatic identification of "objects," "places," and "contexts" in order to realize ubiquitous computing environments. At the TRONSHOW, you will see the basic technology and experience the achievements of various feasibility study experiments and realworld applications.


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Miley Takes Off Her Clothes
If this headline nearly gives you a heart attack, then where have you been since the Disney star 'X-rated' her image?
Miley is on the front cover of the German edition of Vogue, which comes out on Monday. The 21-year-old's style looks like she took inspiration from Marilyn Monroe. Is there a hairstyle Miley can't pull off? We think she looks incredible with big blonde hair and red lips, but nothing says Miley more than her short haircut.The feminist shows us her nipples in one photograph. Go Miley! She doesn't care what peeople think. But do you think it's a little too much? Or do you agree with the statement she is making?
There are 3 different covers for the mag. One being the picture here, another showing her topless and the other choice is her in black underwear and fish nets. Which one would you choose?
She looks so gorgeous on the mag, we might take a trip to Germany especially for it!
By: Amy P
Featured image: Taken from usmagazine.com


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We stayed in La Piazzetta della Pioggia for 4 nights in May 2014 - nice room, with modern bathroom, and Ikea-style furnishings in a large, multi-purpose building in Bologna's historic centre, midway between the train station and the Piazza Maggiore. It's within walking distance of Bologna's sights. Breakfast at a bar/cafe on the corner is included. The room was very... More
- Reservation Options:
- TripAdvisor is proud to partner with Booking.com, Expedia, Priceline, Hotels.com, Venere, Travelocity, Odigeo and Tingo so you can book your La Piazzetta della Pioggia reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.


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I attended the LA Art Show over the weekend, held in downtown LA at the convention center. This, a Red Raven Magic Mirror playing on a vintage kiddie turntable was on display as art. Unfortunately, I wasn't able to discern whether or not the record being spun (and animated, for those of you who may not be familiar with the magic mirror) was one of the many commercial Red Raven records, or (maybe, he said hopefully) a creation of the artist who displayed the work. If anyone can provide more information I'll do a followup post!
More record party fun here.
A teenage record party, 1950s.
Sometimes they put you in a trance…
Design by Simon Fletcher. Powered by Tumblr.
© Copyright 2010


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In this presidential election year, I have become increasingly concerned that the vocal voice of Christianity is not representative of many of the Christians that I know. I believe that the essence of Jesus' teaching has not been accurately verbalized.
I am a pro-life Christian, but for me, pro-life infers a consistent ethic of life. If the moral claim is that every conception results in birth, then we must also assure that we provide the necessary social safety net for every child born, especially when born into families on the margins of society. Christians must work and advocate for every child to receive adequate food, medical care, housing and education. A consistent ethic of life is characteristic of the compassionate Jesus of the Christian scripture.
As the drumbeat of war and the rhetoric with Iran escalates, the vocal Christian voice exhorts our legislators to militarism. I also find this position inconsistent with the Jesus of the Bible who calls his followers to love of enemy and who blesses peacemakers. In these unstable times, the other voice of the Christian Church encourages our leaders to the tedious and painstaking work of sustained, direct, and comprehensive talks with Iran. The foundation and common ground of these talks is that ultimately the people of every nation have the same hopes.
Jesus accomplished God's plan through compassion, especially for the marginalized, and through the power of nonviolence in the pursuit of peace among all people. This voice of Christianity needs to be heard by our leaders and in the public square today.
Rev. Henry Zorn
Anderson Township
Posted in: Greater Cincinnati, National, Northern Kentucky, Ohio, religion
Tags: Anderson Township, children, christianity, compassion, Jesus Christ


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Ok. So. I don't vent like this often. But I must always be as eloquent and accurate as possible in explaining something, so hold on.
Anyway, I do this thing, like everyone, when I get sexually frustrated. What makes it worse is that I identify as asexual and have less than no interest in sex or anything of an intimate nature. So, instead of arousal I just get kind of bored. This translates to every time I hit a sexual frustration point (which is usually a time frame of 4-12 hours on some surprise date) I'm restless without being able to figure out why or what to do to relieve my restlessness until about twenty minutes from the end of this random ass occurrence. These twenty minutes I then spend trying to drown out the realization with tea.
As far as my brain is concerned, attraction, sex, relationships and anything else even remotely attached to this are unimportant. Frankly I have better things to do, like reading or watching violent films about some bollocks or another. But, as a healthy nearly 20-year-old female, the little noxious devils known as hormones enjoy stepping in and making me act all stereotypically and dreadfully "female," in the sense of having feelings I have no care for. I'm hoping one day they'll figure out they aren't wanted and logic makes far more sense than the random need to consume vast quantities of chocolate and cry over Buffy reruns. But one can only hope. Though seeing pictures of naked Dita von Teese and Benedict Cumberbatch pop up on my dash certainly does not help in the slightest.
I thought there was a point to this but mostly not. And who knows, maybe someone amongst the many people on this website can relate. Til then, I'll stop with my yammering and get some much needed sleep.


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Pan-seared halibut on a bed of butter lettuce with homemade jalapeño vinaigrette and avocado.
I was visiting someone years ago and I bought all the ingredients and prepared this meal… And her husband didn't even try it. Not one bite. He refused to try anything I made that week. It was so odd and so rude, I'll (obviously) never forget it.
Anyway! This was absolutely delicious tonight.
Erin is such a perfect human being.