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Global anti-corruption update January 2015 — what's new? download
December 2014 saw the first three convictions in the Sustainable Growth Group case, involving the fraudulent selling and promotion of investment products based on green biofuel.
Who pays the Suez Canal fees? download
HBC Hamburg Bulk Carriers v Huyton was an appeal from an arbitration award on a point of construction in relation to the wording of an addendum to a charterparty.
Court sets aside arbitration award for serious irregularity download
Lorand Shipping Ltd v Davof Trading (Africa) BV (Ocean Glory) is a rare example of a successful challenge to an arbitration award on the ground of serious irregularity under Section 68 of the Arbitration Act 1996.
Post-acquisition events and company valuations download
In Ageas (UK) Limited v Kwik-Fit (GB) Limited and AIG Europe Ltd, the High Court examined the legal authorities on measuring loss for breach of a warranty in a share and purchase agreement.
Ince & Co advises PVM Group and its sellers on completion of sale to Tullett Prebon PLC
Ince & Co confirmed the completion of the $160m corporate sale of the PVM Group, an independent broker of oil instruments, to Tullett Prebon plc, an interdealer brokers.
Asia Women in Business Law Awards 2015 recognise Rosita Lau and Su Yin Anand
Rosita Lau, Hong Kong-based partner at Ince & Co, has been named winner for 'Best in Shipping' at the Asia Women in Business Law Awards 2015.
James Wilson set to step down as international senior partner at Ince & Co
Jan Heuvels will succeed Wilson as international senior partner, while Paul Herring takes on the new role of chairman.
Court of Appeal considers whether dishonouring LC bank has title to sue under indorsed bill of lading download
The Court of Appeal has given judgment in a case that has implications for all traders who rely on letters of credit for payment security in their sale and purchase transactions.
Commercial Court rules on buyers' rights to extensions of time under GAFTA 49 download
A recent decision from the Commercial Court provides useful guidance on the construction of clause 8 of the popular GAFTA 49 form.
Is there an implied duty of co-operation in shipbuilding and ship construction contracts? download
The case of Swallowfalls v Monaco Yachting concerned the construction of a yacht that was to be paid for by instalments upon the achievement of particular construction milestones.
Renewables specialist Martin Sandgren joins Ince & Co's energy group in London
Ince & Co has announced the appointment of renewables specialist Martin Sandgren to its London energy group.
Legal 500 UK recommends Ince & Co as top-tier firm in London
The Legal 500 UK 2014 has recommended Ince & Co as a top-tier firm for law firms in London in corporate and commercial, commodities and shipping.
Supporting foreign proceedings: relief available from the English courts download
The English courts can have a critical role to play in support of foreign proceedings. The ability to obtain interim relief is an important strategic tool, which can be decisive.
Financial obligations under contract and repudiatory breach: in what circumstances do grounds for termination arise? download
It is only a repudiatory breach that entitles that innocent party (if he elects to do so) to treat himself as discharged from further liability under the contract.
Force majeure: update in light of recent developments download
When an event occurs that significantly affects the performance of a contract but is beyond the control of the parties, how is the risk allocated between the parties?
Hirtenstein questions Union Power: whether 'as is' wording excludes implied SOGA terms download
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
Compulsory transparency for the extractive industries download
A new weapon in the government's armoury in the international fight against corruption in the oil and gas industry was unveiled last month.
Absolute fitness for purpose obligation trumps compliance with specification download
In the context of engineering and construction contracts, the contractor's warranties as to the standard and quality of the works will be a key item for negotiation.
Ince & Co promotes corporate specialist Matthew Stratton to partner
Ince & Co has announced the promotion of corporate specialist Matthew Stratton, who has been with the firm for three years, to partner.
Exceptional circumstances required to prevent bank from paying under letter of credit download
The Privy Council has confirmed that an injunction restraining a bank from paying under a letter of credit on the basis of fraud will only be justified in extraordinary circumstances.
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Named Person: | David Sornig |
Material Type: | Thesis/dissertation |
Document Type: | Book |
All Authors / Contributors: |
David Sornig; Deakin University. Faculty of Arts.; Deakin University. School of Communication and Creative Arts. |
OCLC Number: | 223765121 |
Notes: | Submitted to the School of Communication and Creative Arts of the Faculty of Arts, Deakin University. |
Description: | [i], 444 leaves ; 30 cm. |
Responsibility: | by David Sornig. |
A contribution to and exploration of a long tradition in mythology and literature which articulates the human desire to manufacture an artefact that approximates and approaches the status of a living being. The novel contextualises this tradition in a narrative emerging from the post-Communist collapse of totalitarian power in Berlin.
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Monday, 23 January 1995
Letter: Cherie Blair's warning on poll tax jailingTuesday, 24 January 1995
Like all our speakers at conferences, whether representatives of anti-poll tax unions, bailiffs or others involved in the increasingly difficult and sensitive process of administering and collecting taxes, or making benefit payments associated with t...
Letter: Probation reduces reoffending ratesTuesday, 24 January 1995
When talking of tougher punishments for criminals, we must all, as responsible citizens, decide whether we want to control crime by vengeance and retribution, or by effective management of criminal behaviour through firm supervision together with ass...
Letter: The ball is overTuesday, 24 January 1995
How sad to think, after 16 years, she won't be playing any more aces. Yours sincerely, Andrea Marks Edgware, Middlesex 23 January
Letter: Cherie Blair's warning on poll tax jailingTuesday, 24 January 1995
The research showing all this was made available to the Department of Social Security, which has remained culpably silent. Very recently the Commission on Social Justice confirmed these and other findings when it reported that "Income Support levels ...
Letter: Union leaders must listen to membersTuesday, 24 January 1995
Perhaps that is why this time there do not appear to be any plans afoot to ascertain the view of the membership of the union as a whole. Yours faithfully, PHILIPPA LANGTON London, N7 23 January
American justice, Hollywood styleTuesday, 24 January 1995
The last American ratings-winning trial - also in California, and featuring the prosecution of the Menendez brothers for shooting off their parents' heads to quicken their inheritance - ended with hung juries. Their inheritance already spent on this ...
Generation Y: Drugs - W H A T, W H I C H, W H Y - A N D H O W ...Tuesday, 24 January 1995
Heroin Heroin (dragon, horse, "h", skag, smack) is derived from opium and comes in powder form, costing about £30-£40 a gram. Usually sold in grams or half grams and cut with other substances - 63 per cent heroin is described as "pure". Can be smoked...
Major turns his back on the EurophilesTuesday, 24 January 1995
That was a shift against the cabinet pro-Europeans and towards the rebels; it was noticed by both sides in the party. Michael Portillo said he was "much more encouraged'', adding that Major would "want to develop his thinking about the future of Euro...
Leading Article: Hollow victory for menTuesday, 24 January 1995
The formula proposed yesterday for determining maintenance contributions is more generous to absent fathers, so it is less likely to impoverish them or their second families. Previous settlements, involving the transfer of property, will now be taken...
No plans for Snowdonia plcTuesday, 24 January 1995
I am interested in practical greenery. Saving energy is good for the environment and good for business. Recycling metals, minerals and other materials makes green sense and often makes market sense. Encouraging more use of the train takes some of the...
Letter: Europe and the Naughty NineTuesday, 24 January 1995
Europe is not about fish or the length of bananas; to withdraw from it now, as Mrs Gorman demands, would leave Britain isolated, a spectator and not a participant in events that must affect our freedom and prosperity. No one denies that reform is nee...
Saying nothing in so many waysTuesday, 24 January 1995
I was halfway across the floor to the radio, finger poised to ban Peter Lilley from my house, when somebody asked him what he would do about some specific divorce problem, and Peter Lilley (after having said that the interviewer should wait till the ...
Letter: Sign that racial equality isn't workingTuesday, 24 January 1995
Yours sincerely, Patrick Edward Director Great London Action for Racial Equality London, N7
Leading Article: The bitter price of making peaceTuesday, 24 January 1995
As for Mr Arafat, he has reduced intelligent and capable Palestinians to despair. Bombastic, inefficient and habitually averse to honouring his commitments, Mr Arafat has shed none of the habits acquired in decades as a guerrilla chieftain on the run...
Letter: Probation reduces reoffending ratesTuesday, 24 January 1995
Indeed, much good practice would focus the offender on the effects of his or her behaviour on others; and if vulnerable people continue to be at risk reflect this in reports to the Courts and the Home Office. The Probation Service within the criminal...
Another View: Don't shoot the messengerTuesday, 24 January 1995
Labour's MEPs advanced their position and were castigated for their pains. I make a speech setting out issues which my trade union would like to see addressed. First I am described by unnamed (but readily identifiable) "senior Labour sources" as "con...
Letter: History lessonsTuesday, 24 January 1995
Yours faithfully, Chris KnighT (Department of Sociology University of East London) CAMILLA POWER (University College, London) Dagenham, Essex 23 January
Letter: Strong and civilMonday, 23 January 1995
There is a myth that to be courteous and considerate is a sign of weakness and is only for wimps. The opposite, of course, is true; it requires moral courage and strength of character to keep one's cool, act with dignity, and behave in a civilised ma...
Letter: Only consensus approach will save the NHSMonday, 23 January 1995
Of course, there will be concerns that both doctors and managers will share, but what is needed is a consensus approach rather than futile attempts to lay the blame at each other's door. Luckily, there are many consultants who are working well with N...
Astrologers count their lucky starsMonday, 23 January 1995
"News that nature is governed by impersonal laws," he wrote, "will percolate through society, making it increasingly difficult for people to take seriously astrology or creationism or other superstitions." Weinberg's assumption is that the physicists...
Letter: Beware the US system of welfareMonday, 23 January 1995
It is true that centralised social security systems can be inflexible, and that we live in an era when progressive experimentation is necessary. It is also true that such experimentation might lead, as in Switzerland, to better services, higher benef...
When leaders set out to conquer the wordMonday, 23 January 1995
Belisa Crepusculario's life changes dramatically when she is seized by the Colonel. After his men almost kill her, the Colonel explains the reasons for this wanton treatment. "I want to be President," he declares. "To do that I have to talk like a ca...
Leading Article: A Siberian wind blows in GenevaMonday, 23 January 1995
The lessons of the debacle should not be lost on those Western governments that must continue to deal with Mr Yeltsin and his ramshackle regime. It was appropriate that a freezing mist enveloped Geneva last week when the Americans and Russians met to...
Letter: Victory on grassMonday, 23 January 1995
From the age of five to 25 I played tennis intermittently against my father who, despite a 40-year age difference and the slight handicap of having only one lung after a wartime operation to cure tuberculosis, never failed to beat me through cunning,...
Letter: Only consensus approach will save the NHSMonday, 23 January 1995
Both the public and the medical profession knew what Thatcherite philosophy was towards the NHS. I would hold such supine and outdated medical organisations as the BMA (of which Dr Lee-Potter was once a chairman) and the General Medical Council equal...
LETTER: The signals we send SaddamMonday, 23 January 1995
In fact, these resolutions state their purpose is to establish a "scheme for the purchase of foodstuffs, medicines and materials and supplies for essential civilian needs" and that "the sum [is] to be subject to review concurrently by the Council on ...
Letter: Reuniting familiesMonday, 23 January 1995
The Red Cross continues to reunite families torn apart by the events of the Second World War and other conflicts. Anyone who wishes to initiate an inquiry about a relative with whom contact was lost due to conflict should contact the international we...
Louden it, but quietly, pleaseMonday, 23 January 1995
"To what?" I said. "To louden it," he said. "I can't hear what they are saying, so could you louden it." I was about to point out that there was no such word in English as "louden", meaning to turn the volume up, and that if he wanted me to do it, he...
No omelettes without broken eggsMonday, 23 January 1995
This man believed that the veal crates constituted good husbandry, since if they did not do so the calf would not put on weight. Mr Humphrys's position was that a calf kept in such conditions could not be said to be happy. Challenged as to how he cou...
Letter: Uneasy feelings about BlairMonday, 23 January 1995
What Mr Clement and the "Blairistas" do not understand is that most Labour members and trade unionists voted for Tony Blair because the media (not least the Independent) told them that to do otherwise would be to sacrifice the next election. That sho...
Letter: Lindley locationMonday, 23 January 1995
Yours faithfully, BRENDA J. McLEAN Department of Geography University of Liverpool
Letter: Strong and civilMonday, 23 January 1995
You do not have to be a psychologist to agree with such a self-evident truth. And who are these social psychologists who agree? It is more usual for psychologists to disagree about things, despite the public perception that psychology is just common ...
Letter: Staff feel the pinchMonday, 23 January 1995
Working in a shop is extremely hard: long hours (most likely including Sundays and bank holidays), aching feet, rude customers, bad pay; now add managements who, in many cases, are indifferent (at best) to their staff. It takes special qualities to k...
Leading Article: Speak for yourself, BillMonday, 23 January 1995
Who is this "we"? There has been no substantial consultative exercise within the T&G about Clause IV. Bus drivers, car workers and office clerks have not been gathering in their lunch-hours clamouring for the latest from the Labour leader's offic...
Another View: Get out of Europe nowMonday, 23 January 1995
Yet the Independent is wrong. None of my colleague rebels hankers after an imperial past. We are free traders, the heirs of Cobden and Bright, not of Palmerston. We want our markets open to the world. The European Union is merely a customs union with...
Letter: The signals we send SaddamMonday, 23 January 1995
A total of 2.3 million claims have been lodged so far as a result of aggression by Saddam and his regime. These include claims by, or on behalf of, 3,000 British people who were used as human shields - brutality that led to several suicides, and stre...
DiaryMonday, 23 January 1995
"But a happy mess," I suggested. She sniffed disapprovingly. I'm not long on puritanism, so I sympathise with chaps who make a game the excuse for a wild weekend away from home. It's just a pity that more women don't emulate them. Personally, I don't...
End of the licence fee: BBC to back radical overhaul of how it is funded
Nearly 100,000 of Britain's poorest children go hungry after parents' benefits are cut
Delhi bus rapist blames dead victim for attack because 'girls are responsible for rape'
Boris Johnson accuses Muslim Council of Britain of 'claiming porn-freak jihadists for mainstream Islam'
Westboro Baptist Church couldn't picket Leonard Nimoy's funeral because they didn't know where it was
Security cameras that would have filmed Boris Nemtsov shooting were 'turned off for repairs'
Crowdfunding: The end-end solution for business success.
Calling all entrepreneurs! See how crowdfunding can provide you with a full-circle, end to end solution for your business.
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Independent Dating
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Ashdown Group: Finance Manager - Covent Garden, central London - £45k - £55k
£45000 - £55000 per annum + 30 days holiday: Ashdown Group: Finance Manager - ...
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£28000 - £30000 per annum: Ashdown Group: 3rd Line Support Engineer / Network ...
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£26000 - £33000 per annum: Recruitment Genius: A Web Developer is required to ...
Ashdown Group: PeopleSoft Developer - London - £45k
£45000 per annum: Ashdown Group: PeopleSoft Application Support & Development ...


text:
New to Typophile? Accounts are free, and easy to set up.
I guess it would be quicker to ask directly the designer Graham Smith...
Dude, read the page - it's all about the font!
Hrant, the image shows one of the designer's typographic explorations.
It's not the font that finally made it (Amplitude) and is featured on the page.
Oh, sorry - I guess you read it even more than me! :-)


text:
Harvey's Tupelo
Available March 9th at 5:30pm-
News Twitter Feed
Video: Columbus Chief's Policing Perspective
August 19, 2014 | RH BrownAs Tony Carleton sees it. -
Mayor Shelton Receives National Recognition
August 19, 2014 | Jamie ScrivenerTupelo mayor receives recognition. -
Video: Councilmen Rescind Pay Raises for Columbus Employees
August 18, 2014 | Emily CassuloThe Columbus city council has decided to rescind pay raises for all city employees. -
Video: Kids Protected if Welfare Parents Test Positive for Drugs
August 18, 2014 | Steve RogersMississippi children would not lose welfare if a parent's benefits are cut off because of positive tests for illegal drugs, according to rules set by the state Department of Human Services. -
Reading Mandate May Be Jolt for Parents
August 18, 2014 | Steve RogersThousands of Mississippi parents could get a letter at the end of this school year notifying them their third-graders have failed because of a legislative mandate to hold them back if they don't read well enough. -
Demolition Starts at Former Sara Lee Site
August 16, 2014 | Emily CassuloTrucks have begun hauling away rubble from the former Sara Lee plant in West Point as the site's owner seeks a new use for the property. -
Video: Sec. of State Hosemann Talks Runoff Challenge at Tupelo Kiwanis Club
August 15, 2014 | Justin MinyardHosemann said the issue has dragged on long enough and it's time to bring it to a close. -
Video: Inmates with Mental Illnesses Fill Miss. Jails
August 15, 2014 | Emily CassuloInmates with mental illnesses continue to fill up jails across the state - including North Mississippi. -
Seven Qualify for Tupelo Council Special Election
August 15, 2014 | Justin MinyardThe special election will be held Sept. 4. -
Judge Appointed To Hear McDaniel Lawsuit
August 15, 2014 | Joey BarnesA retired chancery judge from Lucedale will oversee a lawsuit that challenges Mississippi Sen. Thad Cochran's victory in a Republican primary runoff. -
Video: Columbus Mayor to Cancel Raise
August 15, 2014 | Steve RogersSmith, gives interview, sends letter. -
Video: Aberdeen Hosts Public Forum; Residents Express Wish List for Future
August 14, 2014 | Michelle LoweThey're doing their research. They'll soon begin drafting a plan, but not before hearing from Aberdeen residents. -
Video: Aberdeen Develops A City Plan For The Future
August 14, 2014 | Alyssa MartinAberdeen putting finishing touches on five-year vision. -
Chris McDaniel Files Legal Challenge; Cochran Reacts
August 14, 2014 | Michelle LoweLaurel, MS (PRESS RELEASE) — Republican Chris McDaniel and his lead attorney Mitch Tyner filed his challenge to the June 24 Republican primary runoff election today. McDaniel filed his challenge […] -
Video: Marriage Equality Campaign Comes to Oktibbeha County
August 13, 2014 | LaMonica PetersMarriage Equality Campaign -
McDaniel Challenge Expected to be Filed Thursday
August 13, 2014 | Justin MinyardThe Mississippi Supreme Court will appoint a special judge to handle the case. -
Some Face Deadline on Health Care Law
August 13, 2014 | Steve RogersImmigration, citizenship status the issue. -
Teachers Union Wants Raises For Educators
August 12, 2014 | Joey BarnesThe head of Mississippi's largest teachers union is reiterating the group's push to raise starting salaries for public school teachers to $40,000 a year. -
State gets an Extra Day to Appeal 5th Circuit Appeals Court Abortion Ruling
August 12, 2014 | Eric LampkinComputer glitch means that Mississippi has an extra day to appeal abortion ruling. -
Sen. Cochran Makes Stop in Tupelo
August 12, 2014 | Justin MinyardMiss. Senator Thad Cochran spent some time in the northeastern part of the state. -
Video: New Superintendent Raises Eyebrows With Hiring Recommendations
August 12, 2014 | Steve RogersHickman wants to hire wife, her uncle. -
Secretary of State Going to Online Business Filings
August 12, 2014 | Steve RogersJACKSON, Miss. — Jackson, Miss.— The Secretary of State's Office will launch a new online filing system for existing and potential businesses in Mississippi. This convenient software will trim thousands […] -
Spreitler Named to State Board of Education
August 12, 2014 | Steve RogersGov. Bryant makes appointments.


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We're sorry, we need more information to run your search. Please enter a last name (adding more details will improve your results).
In order to acquire the right data about Allan Potter you have to search the right way. PeopleFinders.com provides you with a huge collection of data about Allan Potter such as recent addresses, phone numbers, relatives, and age. Allan Potter was born in [YOB] and is 61 years old. Allan's recent address is located in Thompson, PA. Based on our records, Allan's include [RELATIVES], among others.
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Refine your search by entering extra info into the search fields above. When you supply us with extra details—first name, middle name, last name, city, state and/or age—we can respond with the appropriate results for your search of Allan Potter. When you have managed to pick out the correct Allan Potter you have to find, you can take your time inspecting all the public records data we have for Allan Potter.


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Guide: How to Backup Blu-ray to Computer by Removing All Blu-ray Protections
If you ever tried to backup Blu-ray to your computer, you will be familiar with the Blu-ray protections and encryption such as AACS, BD+, BD-live, UOPs, region codes, etc. It's really headache to cope with them.
Luckily, the recent upgraded WinX Blu-ray Decrypter is able to do this. This article is going to show you the guide how to backup Blu-ray by removing the protections using this program.
Read more detailed, please visit here:
WinX Blu-ray Decrypter is an ideal Blu-ray to computer backup solution which supports all types of Blu-ray, like common Blu-ray disc, Disc BD-R and BD-RE, and is especially good at decrypting and backing up latest encrypted Blu-ray. It comes with 2 copy modes – Full Disc Mode and Title Mode. It allows you to backup Blu-ray to computer either as a folder or a M2TS file.
Click here to get more info about this program:
How to Backup Blu-ray to Computer?
In order to backup Blu-ray to your computer smoothly, you need to first download WinX Blu-ray Decrypter. Run it.
Choose the target mode between Full Disc Mode and Title Mode.
Note: Full Disc Mode refers to copying all content of Blu-ray to computer and save it as a folder; Title Mode refers to backing up Blu-ray to computer as M2TS video file with selected title.
If you need to copy main title, tick on the "Only Main Title" under "Title Mode".
Click "Run" to start the smooth decrypting and backup process then you can get a M2TS file or a Blu-ray folder in your computer.
Read the original article here:
This update makes WinX Blu-ray Dexrypter more powerful to decrypt Blu-ray protections. It's an ideal partner of my Blu-ray movies. [/i]
it's given away on
it's given away on http://www.winxdvd.com/blu-ray-decrypter/
As Linux continues to play an ever increasing role in corporate data centers and institutions, ensuring the integrity and protection of these systems must be a priority. With 60% of the world's websites and an increasing share of organization's mission-critical workloads running on Linux, failing to stop malware and other advanced threats on Linux can increasingly impact an organization's reputation and bottom line.
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In this one hour webinar, learn how to enhance your existing backup strategies for better disaster recovery preparedness using Storix System Backup Administrator (SBAdmin), a highly flexible bare-metal recovery solution for UNIX and Linux systems.
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Mondays 9:00 PM on SyFyFollow Defiance
Defiance Trailer
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Wonder if the MMO Defiance just proves to be a big promo for the series on syfy?
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- Defiance Season 1 Episode 1: "Pilot"
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Defiance Season 1 Episode 1 Quotes
Tommy: [To Nolan] Come on, give me your wrists.
Nolan: You took too long, I got bored [handing Tommy the handcuffs]
- Permalink: Come on, give me your wrists. You took too long, I got bored
- Added:
Garrett: Tommy, I told you to watch him, not cuff him.
Tommy: He was armed.
Garrett: Now he's unarmed. See that patch on his shoulder? If he really wanted to hurt you, those cuffs wouldn't stop him.
- Permalink: Tommy, I told you to watch him, not cuff him. He was armed. ...
- Added:


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Okemo to host Silverheels Cup
Okemo Mountain Resort will host a downhill skateboarding, streetluge and drift trike race, for the first time ever, Saturday and Sunday.
The competition, named the Silverheels Cup consists of a three-mile race from the summit down Mountain Road. Competitors are expected to race in excess of 50 mph through twists and turns. According to the resorts website, some of the fastest downhill skateboarders in the world will be racing for the top spot on the podium.
Full face helmet and leathers are required.MORE IN This Just InA Vermont State Police trooper from the Rutland barracks is the subject of an ongoing drunk... Full StoryResults from the Mount Tabor general town budget vote arrived Wednesday morning. Full StoryMiddletown says Full Story -
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- talk-pix.com PODCASTS TEMPORARILY DISABLED: Navigate browser to talk-pix.com to access complete ALMANACK archive.
- RICHARD'S POOR ALMANACK: On this day 1739, 'Richard Palmer' identified in prison at York Castle as the notorious outlaw DICK TURPIN; IN 1836, Battle of the Alamo begins near San Antonio de Bexar, Texas; 1896, the Tootsie Roll invented by LEO HIRSCHFELD.
- RICHARD'S POOR ALMANACK: On this day in 1472, Orkney, Shetland islands put up as collateral by Norway to Scotland in lieu of dowry for MARGARET OF DENMARK on her marriage with JAMES III, king of Scotland; 1962, JOHN GLENN first American to orbit Earth.
- TOMORROW'S HEADLINES TODAY: City mayoral candidates debate campaign issues; Hartford, Conn., woman still missing; Neal Goswami reports attempts to legislate suicide; local woman loses 100 pounds through TOPS program.
- RICHARD'S POOR ALMANACK: On this day in 1878, JOHN TUNSTALL murdered near Lincoln, New Mexico, by the outlaw JESSE EVANS; in 1930, ELM FARM OLLIE first cow to fly in aircraft, first to be milked airborne; 1955, nuke test WASP; '79, snow in Sahara.
- TOMORROW'S HEADLINES TODAY: Rutland Herald News Editor Alan J. Keays and staff writer Gordon Dritschilo discuss stories planned for the February 18, 2015, edition of the newspaper: Winter budgets maxed, legal marijuana, Springfield bank job, USPS slowdown


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According to Apple, the education sector set an all-time record for Macintosh sales, according to the company, driven heavily by the sale of MacBooks in both K-12 and higher ed. The company did not state specific education market sales. Sales of iPods increased 21 percent over the year-ago quarter, up to 9.815 million. But it was iPhone sales figures that had analysts holding their collective breath. Apple said that it hopes to hit 1 million units sold by the end of this quarter and that, within the first 30 hours of the iPhone's release, some 270,000 units were sold. Sales for the first weekend were, according to AT&T, greater than for any other device on an opening weekend. Apple would not reveal sales to date but said that it is sticking to its goal of 10 million unit sales in calendar 2008. Overall, revenue for the quarter was $5.41 billion, with a quarterly profit of $818 million. Read More:
Proposals for articles and tips for news stories, as well as questions and comments about this publication, should be submitted to David Nagel, executive editor, at firstname.lastname@example.com.
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David Nagel is edtorial director, education for 1105 Media's Public Sector Media Group. A 22-year publishing veteran, Nagel has led or contributed to dozens of technology, art and business publications.
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Belgian Killed In Mexico Resort Was Businessman
MEXICO CITY (AP) â¿¿ A Belgian citizen shot to death in the Pacific resort of Acapulco near the site of the Mexican Open tennis tournament was a resident businessman working for a transnational firm, local prosecutors in Mexico said Sunday.
Saturday's killing was the second violent attack involving foreigners in Acapulco in less than three weeks. On Feb. 4, a band of masked gunmen invaded a beachfront home and raped six visiting Spanish women
The Guerrero state district attorney's office identified the dead man as 59-year-old Jan Sarens, an executive with the family-owned Belgian firm Sarens, which supplies heavy transportation equipment for construction, mining and energy. It has offices in 50 countries, including Mexico.
Celia Gomez, an attorney for the firm's Mexico office, said it had not identified the body. Gomez said the company had a board member named Jans Sarens who lived in Mexico.
The man was shot to death Saturday afternoon in a shopping center parking lot, and his body was found outside a Mercedes Benz car with Mexico City plates. Authorities in Guerrero state said in a statement that the killing was being investigated and the motive for the attack had still not been determined. Violence and crime, much of it blamed on drug gangs, have grown worse in Acapulco in recent years.Check Out Our Best Services for Investors
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Results 1 - 11 of 11 for "u:krdo.com" in Monument, CO
Icy roads cause difficult morning commute w/Photo
It was a rough start of the day for many commuters. Icy roads and fog slowed down traffic throughout Northern El Paso County. Comment?
New Black Forest fire chief sworn in w/Photo
Bryan Jack was sworn in as the new fire chief on Monday morning. He's taking over the spot left open by Bob Harvey. Comment?
Second winter storm of the week hits southern Colorado w/Photo
The mild fall weather our area enjoyed a week ago seems to be finished for the season as another winter storm moved through Saturday night following a similar storm Monday evening. Many drivers scurried to finish errands and return home before the snow fell. Comment?
Monument father upset district failed to contact him of reported threat against his son w/Photo
A father says the Lewis-Palmer School District dropped the ball by not notifying him that a threat had reportedly been made against his son. Kevin, who asked that his last name not be disclosed, said his 13-year-old son came home from Lewis-Palmer Middle School on Monday and told him that a boy had threatened to shoot and kill him and his friend. Comment?
Monument teacher named Teacher of the Year w/Photo
Kathy Thirkell is a math teacher in Lewis Palmer School District 38. She was selected for the honor based on her experience, passion and expertise from her 33 years as a math teacher. As Teacher of the Year, Thirkell will get professional development opportunities through the National Teacher of the Year program. Comment?
Family moves makeshift memorial for teen killed in crash home w/Photo
A makeshift memorial created for two teens killed in a crash Monday morning has been moved back to one family's home. The crash happened just before 1:15 a.m. Monday at the intersection of Hodgen and Roller Coaster roads in northern El Paso County. Comment?
Baseball team grieves for lost player, friend w/Photo
Palmer Ridge High School's baseball team canceled practice Tuesday to give his team time to grieve for their teammate killed in a car crash Monday morning. Comment?
Teen suspect in deadly Black Forest crash appears in court Tueday w/Photo
A 17-year-old boy facing vehicular homicide charges had his first day in an El Paso County courtroom Tuesday. Comment?
Crisis team helps students cope in Monument after deadly crash w/Photo
The Lewis-Palmer School District spokesperson said, 17-year-old Mitchell Clark is in the hospital with life-threatening injuries. Comment?
Volunteers cleaning up debris at Mount Herman w/Photo
Volunteers in Monument are restoring a popular mountain in need of some cleanup. Comment?
Family honors son's memory by giving back w/Photo
The family of a man killed in a motorcycle accident last month is honoring his memory by helping to clean up Mount Herman. Comment?
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text: AIPLA ANTI-COUNTERFEITING and ANTI-PIRACY DECISIONAL LAW SUBCOMMITTEE OCTOBER 2009 12-MONTH CASE SUMMARY Including Cases Decided From October 1, 2008, to September 30, 2009 Subcommittee Chair: Brett A. August, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP Vice Chair: Daniel Hwang, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP ** Coordinated by Brett A. August *** Case summaries prepared by: Brett August, Ian Block, Daniel Hwang, Andre Sulmers and Yasmin Tavakoli. Second Circuit Courts 1. Preliminary Injunction for Removing Trademark Owner's Quality Control Labels Zino Davidoff v. CVS Corp., 571 F.3d 238 (2d Cir. 2009) The Second Circuit affirmed the district court's grant of a preliminary injunction enjoining defendant CVS from selling plaintiff Davidoff's fragrances with the unique production code (UPC) removed. Davidoff and its distribution subsidiary produce COOL WATER fragrances with a UPC affixed to the bottom of each bottle and corresponding package. The UPC is a multi- digit code that allows Davidoff to track various production and distribution information for each unit of its product. Davidoff uses the UPC as part of its system to ensure the quality of its product and prevent sales of counterfeits. Davidoff limits the sale of its COOL WATER products to luxury retailers and does not sell the brand in CVS's retail drugstores. Nonetheless, Davidoff discovered that counterfeit COOL WATER fragrances were being sold at CVS. The UPCs on the bottles and packages had been removed from 16,600 items in CVS's inventory. CVS agreed to halt the sale of counterfeit Davidoff products but refused to stop selling products from which the UPCs had been removed. Davidoff won a preliminary injunction against such sales on the theory that the removal of the codes impaired Davidoff's marks by interfering with the trademark owner's ability to identify counterfeit goods and to control the quality of its legitimate products by identifying and recalling defective products. In affirming the preliminary injunction, the Second Circuit found here that, regardless of whether units with removed UPCs were legitimate, grey market or counterfeit goods, selling Davidoff's products without the UPCs could constitute trademark infringement, citing Warner-Lambert Co. v. Northside Dev. Corp., 86 F.3d 3, 6 (2d Cir. 1996). That the UPCs provide Davidoff the additional benefits of allowing it to track its distribution chain and detect counterfeits did not defeat its claim. Further, the court rejected CVS's assertion that Davidoff failed to show that any of CVS's sales involved inferior products, finding (i) that such proof was unnecessary because Davidoff showed that removing the UPCs undermined its control of quality, and (ii) that CVS's sales of COOL WATER units without UPC labels did involve the sale of inferior products because removing the labels required mutilated packages and bottles in ways that would undermine consumers' trust in the luxury product. 2. Actual Damages Calculation Under 15 U.S.C. § 1117(a), (b) Koon Chun Hing Kee Soy & Sauce Factory, Ltd. v. Star Mark Mgmt., Inc., 628 F. Supp. 2d 312 (E.D.N.Y. 2009) Plaintiff Koon Chun owns a U.S. registration of KOON CHUN SAUCE FACTORY, which it uses on its sauces, seasonings, and vinegar products, including its premium hoisin sauce at issue in this case, which is the most expensive and the top-selling hoisin sauce on the market. Defendant Star Mark purchased 350 cases of genuine Koon Chun hoisin sauce, but found that its high price precluded its ability to turn profits from its sale. Thereafter, defendant purchased counterfeit Koon Chun hoisin sauce at substantially lower prices from various Chinese importers, which defendant's president testified he believed to be authentic. Plaintiff discovered the counterfeit sales, and the court granted plaintiff summary judgment on defendant's liability in an earlier opinion. At issue here was the court's determination of damages. Plaintiff opted to recover actual damages pursuant to § 1117(a), entitling it to (i) defendant's profits, (ii) any #326576v3 -2- damages sustained by plaintiff, and (iii) the costs of the action, subject to the principles of equity. Additionally, plaintiff sought to have damages trebled under § 1117(b) for defendant's alleged willfulness. In calculating defendant's profits, the court accepted the testimony of plaintiff's accounting expert but reduced the number of cases allegedly sold by approximately 7%. The court accepted plaintiff's expert's calculation that defendant earned $3.76 in profits per case, resulting in total profit of $27,654.80. Defendant's suppliers paid defendant $20,000 either for litigation costs or as a credit; the court declined to include this sum in defendant's profits. The court found that plaintiff failed to prove that it lost any sales as a result of defendant's infringement, explaining that defendant's purchase at the lower price suggested that plaintiff would not have made such sales at its higher price point. After concluding as a matter of law that the standard for finding willfulness to justify treble damages under § 1117(b) was a preponderance of the evidence, the court found that defendant's trafficking in counterfeit goods was intentional and thus willful, largely because of a letter from defendant's president to its supplier insisting that the taste of its product be similar to Koon Chun's. Accordingly, the court trebled the damages to $82,964.40. The court refused to grant plaintiff damages for corrective advertising, finding that it could not prove that its anti-counterfeiting advertising campaign was attributable to defendant's conduct in this case. The court did, however, grant plaintiff its attorneys' fees and injunctive relief. 3. Permanent Injunction; Calculation of Damages Phillip Morris USA Inc. v. A & V Minimarket, Inc., et al., 592 F. Supp. 2d 669 (S.D.N.Y. 2009) Plaintiff Phillip Morris brought suit against the operators of 49 grocery stores and other retail outlets for selling counterfeit Marlboro cigarettes. Defendants defaulted. In determining damages, the court looked to the statutory damages provision in the Copyright Act, which lists seven factors to consider: "(1) the expenses saved and the profits reaped; (2) the revenues lost by the plaintiff; (3) the value of the copyright; (4) the deterrent effect on others besides the defendant; (5) whether the defendant's conduct was innocent or willful; (6) whether a defendant has cooperated in providing particular records from which to assess the value of the infringing material produced; and (7) the potential for discouraging the defendant." 17 U.S.C. § 504(c). Phillip Morris employed purchasers who bought one or more counterfeit packages of Marlboro cigarettes from each defendant's retail establishment. The court found that $2,000 damages per defendant was appropriate to compensate plaintiff for loss and deter others from infringing. In addition to enjoining defendants from purchasing or selling counterfeit Marlboro or Marlboro Light cigarettes, the court ordered defendants to respond to information requests about Marlboro cigarette suppliers, and to cooperate with plaintiff in its investigations of Marlboro cigarette suppliers. According to the court, these additional terms were reasonably aimed at combating future counterfeiting. 4. Counterfeit Mark for Services; Statutory Damages Calculation Following Default Judgment Century 21 Real Estate LLC v. Bercosa Corp., No. 08-CV-3175, 2009 WL 3111759 (E.D.N.Y. Sept. 18, 2009) #326576v3 -3- Plaintiff Century 21 sued defendants Bercosa Corp. and its owner for breach of a contract and unauthorized use of Century 21's trademarks. Following termination of two franchising agreements with Century 21. Defendants improperly continued to use the Century 21 marks for months after the termination, despite Century 21's multiple cease and desist letters. The court entered a default judgment against defendants, treating their continued unauthorized use of the Century 21 marks as a counterfeit use under the statutory definition of "counterfeit" in 15 U.S.C. § 1127. The court explained that "defendants' use of the genuine Century 21 [m]arks after their rights as franchisees expired . . . was therefore, by statutory definition, the use of counterfeit marks to the extent that they created the erroneous perception that Century 21 remained the source of the services provided." 2009 WL 3111759, at *12. Further, the court found defendants' continued use of the Century 21 marks and their default in this proceeding were willful, making plaintiff's request for statutory damages particularly appropriate. In calculating damages, the court rejected plaintiff's "arbitrary selection" of $100,000 in proposed statutory damages. Instead, the court treated defendants' continued use of the Century 21 marks as a single use of plaintiff's marks under 15 U.S.C. § 1117(c) because defendants' use was in connection with a single type of service, namely real estate brokerage. In light of the substantial contract damages awarded under the franchise agreement—$309,585.32, including $240,909.51 in liquidated damages—the court noted that the need to deter further similar future action was low, so it granted plaintiff the statutory minimum of $500 multiplied by a factor of ten, to reach a damages award under the Lanham Act of $5,000. The court applied the § 1117(c) statutory minimum that operated prior to the 2008 amendment—which doubled the statutory minimum to $1,000—because all of the events in this case transpired prior to the October 13, 2008 effective date of the amendment. 5. Disgorgement of Profits from Defaulting Counterfeit Defendant Chloé v. Zarafshan, No. 1:06-cv-03140, 2009 WL 2956827 (S.D.N.Y. Sept. 15, 2009) Plaintiff Chloé designs, produces, markets, and sells high-quality goods, including women's clothing and accessories, under its "Chloé" trademark. Plaintiff sued various defendants for their sale of counterfeit Chloé products. Various defendants had either settled with plaintiff, had the case against them stayed due to bankruptcy, or had been released from the case due to lack of personal jurisdiction, and only defendant Alexander Zarafshan (a/k/a Zar) remained. Zar supplied the other defendants in this action with counterfeit Chloé goods. Zar's bank records reflected over $2.4 million in receipts from various customers. Zar participated—dishonestly in the court's estimation—in a single deposition, during which he refused to acknowledge any checks, receipts, or records connected with his bank account as the fruits of counterfeit sales, despite other deposition testimony that clearly showed Zar's awareness of such information. Beyond this deposition, Zar failed to participate in the lawsuit, so the court entered a default judgment against him. Because Zar was the only remaining defendant in the case, the court found that awarding damages against him was not premature. The court granted plaintiff's request to disgorge Zar of his profits pursuant to 15 U.S.C. § 1117(a). The court relied on persuasive authority that defendants have the burden of proving which receipts in their bank accounts are connected to infringing sales as opposed to legitimate sales. The court found that Zar had done nothing to clarify such information, so it granted plaintiff the full value of Zar's bank account in the amount of $2.4 million, then trebled this award pursuant to 15 U.S.C. § 1117(b) upon finding Zar was a willful counterfeiter. On top of the $7.2 million award, the court added reasonable attorneys' fees and costs. #326576v3 -4- 6. Damages Calculation for Defendant Violating Lanham Act, Copyright Act, and DMCA Tu and Aldelo Systems, Inc. v. TAD System Technology, Inc., No. 08-CV-3822, 2009 WL 2905780 (E.D.N.Y. Sept. 10, 2009) Plaintiff Aldelo Systems programmed and markets ALDELO for Restaurants, a point-of-sale software program for restaurants and bars. It owns copyrights for its program and at least four registered trademarks that it uses on its packaging and in its advertising. Defendant TAD System Technology and its operator pirated ALDELO for Restaurants by producing an unauthorized derivative work of the program that allows an individual to use the program without paying a licensing fee to plaintiff. Defendants sold and distributed the pirated version through emails to plaintiff's authorized dealers and by advertising on various internet blogs, making use of plaintiff's trademarks. Plaintiff sued defendants, asserting copyright infringement for reproducing its program code, trademark infringement for advertising the pirated program with identical marks, and DMCA violations for circumventing plaintiff's control mechanisms to remove or bypass certain code to gain access to the program. Because defendants did not participate in the litigation, the court entered default judgment against them on each of plaintiff's claims. Plaintiff sought the maximum statutory damages allowable under each of 15 U.S.C. § 1117(c) of the Lanham Act, the Copyright Act, and the DMCA. After finding no binding precedent, the court held that plaintiff was not entitled to duplicative recoveries for the same intellectual property theft under multiple theories of liability. Rather than treating defendants' violation of each statute as a distinct harm, it considered plaintiff's complaint as stating three legal theories for a single harm. Ultimately, the court granted statutory damages under the Copyright Act, finding that the gravamen of defendants' violation was in copyright because the primary violation was defendants' manufacture, sale and distribution of the cracked version of plaintiff's program. The court treated the counterfeit use of plaintiff's marks as secondary to the copyright infringement, as plaintiff's claim that consumers were confused in only "some cases." Recognizing the trademark and DMCA violations, though, the court granted the maximum statutory award allowable under the Copyright Act of $150,000. Additionally, the court issued a permanent injunction and awarded attorneys' fees and costs. 7. Determination of Counterfeit Goods; Statutory Damages Calculation Following Default Judgment Bravado Int'l Group Mktng. Merch. Serv., Inc. v. Ninna, Inc., et al., No. CV-08-3123, 2009 WL 2707350 (E.D.N.Y. Aug. 27, 2009) Plaintiff Bravado markets and sells merchandise bearing the names, trade names, trademarks and logos of various musical groups and performers, including Korn, Guns N' Roses, The Clash, Iron Maiden and Led Zeppelin, among others, and it holds the exclusive rights to manufacture and sell in the United States merchandise bearing the likenesses, names, marks and logos of these parties. Plaintiff alleged that defendants sold or attempted to sell unauthorized shirts and other items bearing the names, trade names, designs, logos and likenesses of some the musical groups that Bravado represents. In an earlier ruling, the court ordered the seizure and impoundment of unauthorized merchandise in defendants' possession. Although few financial records were recovered during the seizure, plaintiff did seize 41 silk screens bearing the performers' marks and likenesses. The court issued a default judgment against defendants, finding willful infringement. #326576v3 -5- For determining damages, plaintiff offered a consumer's declaration that he had purchased three shirts from defendants' website, and plaintiff sought $100,000 in statutory damages per shirt for a total of $300,000. The court found that one shirt bearing an identical IRON MAIDEN trademark was a counterfeit that entitled plaintiff to statutory damages under 15 U.S.C. § 1117(c), but the other two shirts merely bore likenesses of performers, which plaintiff did not assert as being registered trademarks. 15 U.S.C. § 1116(d) restricts "counterfeit marks" to counterfeits of marks registered on the principal register, so the court found the latter shirts were not counterfeits entitled to statutory damages. Nonetheless, in light of defendants' willful infringement, the court found plaintiff's initial request of $300,000 reasonable and ordered such damages for the single counterfeit. 8. Statutory Damages Calculation Following Default Judgment Louis Vuitton Malletier v. Carduci Leather Fashions, Inc., No. 04 Civ. 497, 2009 WL 2568428 (S.D.N.Y. Aug. 19, 2009) Plaintiff Louis Vuitton filed suit against multiple defendants' sale of counterfeit "Epi Leather" handbags. Louis Vuitton holds nine trademarks related to its Epi Leather products, which cover the Epi Leather design in various colors both with and without its "LV" logo. Bonini was the source of a counterfeit Epi Leather handbag purchased from Carduci by an investigator. Plaintiff settled with two defendants, but won a default judgment of willful trademark infringement against a third after it neglected to respond to the complaint or the court's order directing it to show cause. In calculating damages, the court found this defendant's default constituted an admission it had acted knowingly and intentionally or with reckless disregard or willful blindness to plaintiff's rights. Accordingly, plaintiff was entitled to statutory damages between $1,000 and $2,000,000 per counterfeit mark used. To determine where on this spectrum the damage award should lie, the court first looked to statutory damage awards precedents developed under the Copyright Act: "where, as here, a defendant is shown to have acted willfully, a statutory award should incorporate not only a compensatory, but also a punitive component to discourage further wrongdoing by the defendant and others." 2009 WL 2568428, at *3. Next, the court noted statutory award precedents in New York under the Lanham Act, noting damage awards ranging between $25,000 and $1,000,000 per violation. The court reasoned that the disparity arises from differences in the scale of defendants' infringing sales. Here, because defendant failed to participate in the suit, the court found it impossible estimate the scope of its counterfeiting operation. Nonetheless, it reasoned that, on the one hand, defendant likely was not flooding the market with counterfeit purses by virtue of plaintiff's having made only one undercover purchase, but that, on the other hand, defendant's production of a color catalog for its "Spring 2003" line of counterfeit bags suggested that its operation was substantial. Ultimately, the court awarded plaintiff $100,000 for each of the four violations entered into evidence, ordering statutory damages of $400,000 as well as $5,568.14 in attorneys' fees and costs. 9. Restraint of Defendant's Assets Authorized under Lanham Act Motorola, Inc. v. Abeckaser, No. 07-CV-3963, 2009 WL 1362833 (E.D.N.Y. May 14, 2009) Plaintiff Motorola sued one individual and multiple corporate defendants for trademark infringement following their sale of counterfeit merchandise bearing unauthorized MOTOROLA marks. Plaintiff sought an ex parte temporary restraining order and preliminary injunction #326576v3 -6- against defendants. The parties then stipulated before the court that plaintiff would withdraw this motion and defendants would refrain from using the MOTOROLA marks. Furthermore, the individual defendant agreed not to sell, lease, or transfer his home and other assets without the court's prior approval. Subsequently, the court found liability against defendants for the trademark infringement claims. Plaintiff later learned that defendant intended to sell his home, businesses, and other assets and leave the country. In response, plaintiff sought a preliminary injunction under Fed. R. Civ. P. 65 to prevent these acts, which the court granted: although the Lanham Act does not specifically authorize the restraint of assets of a defendant in an action arising under the Act, the court determined it does give courts the authority to freeze assets in order to ensure availability of final equitable relief. The court explained that irreparable harm would occur if defendant transferred his assets because it would undermine the court's ability to render a meaningful judgment. 10. Calculation of Damages Chanel, Inc. v. Doubinine, et al., No. CV-04-4099, 2008 WL 4449631 (E.D.N.Y. Oct. 2, 2008) The court granted default judgment against defendants, Internet retailers of counterfeit CHANEL-branded goods, because of defendants' failure to answer the complaint or plaintiff's default motion. The court rejected plaintiff's damages calculation, however, because plaintiff's estimate of the defendants' daily sales was unsupported by evidence. Instead, the court relied on the parties' conduct to measure damages. Plaintiff purchased a pair of counterfeit earrings from two defendants in March 2003, sent a cease-and-desist letter in March 2003, and purchased two additional pairs of earrings in February 2004. The court assumed defendants had actual knowledge they were selling counterfeit items from the first sale, so it awarded $5,000 per month for the 19-month period from March 2003 to commencement of the action in September 2004, as well as attorneys' fees and injunctive relief. 11. Calculation of Damages and Attorney's Fees for Willful Infringement Ermenegildo Zegna Corporation v. 56th Street Menswear, Inc., No. 06 Civ. 7827, 2008 WL 4449533 (S.D.N.Y. Oct. 2, 2008) When Plaintiff became aware that defendant was selling counterfeit suits, advertising in its storefront that it sold Zegna suits, and displaying the image of plaintiff's garment label, it sent two cease-and-desist letters that defendant ignored. The court granted default judgment in favor of plaintiff and issued a permanent injunction, finding that defendant knew or was willfully blind to the fact that the suits were counterfeit. Plaintiff submitted affidavits of damages of $1,000,000 and attorneys' fees of $10,883. The court drew every reasonable inference against defendant because of its willful infringement, failure to controvert circumstantial evidence, failure to respond to papers, and failure to respond to plaintiff's cease-and-desist letters: it awarded the full million dollars: $200,000 for each of plaintiff's five marks, finding the damages appropriate – without even considering evidence of defendant's earnings or plaintiff's losses – because defendant's business was substantial enough to allow it to rent space in a highly-trafficked area in Manhattan. The court declined to award attorneys' fees, however, because no evidence was submitted that the law firm's statement was based on contemporaneous time records. #326576v3 -7- Third Circuit Courts 1. Statutory Damages Calculation Following Default Judgment N.V.E., Inc. v. Day, Civil No. 07-4283, 2009 WL 2526744 (D.N.J. Aug. 18, 2009) Plaintiff N.V.E. is a retailer, manufacturer, and distributor of dietary and nutritional supplements marked under the registered trademarks STACKER 2 and STACKER 3. Plaintiff sued defendants for selling online various products bearing plaintiff's marks, including knock-off, counterfeit and expired versions of its products. Importantly, defendants' counterfeit products contained ephedra, a substance banned by the U.S. Food & Drug Administration in 2004. Plaintiff's legitimate products comply with federal laws and have not contained ephedra since the ban went into effect. The court entered default judgment against defendants, finding their infringement willful. To determine statutory damages under 15 U.S.C. § 1117(c), the court first explained that it would assign statutory damages under the pre-2008 amounts because plaintiff filed this lawsuit in 2007. Plaintiff sought the statutory maximum of $1,000,000 for each of its two counterfeited marks. Instead, the court recited the considerations used by courts in the Third Circuit to set statutory damages awards in willful trademark infringement cases: "(1) the expenses saved and the profits reaped; (2) the revenues lost by the plaintiff; (3) the value of the trademark; (4) the deterrent effect on others besides the defendant; (5) whether the defendant's conduct was innocent or willful; (6) whether the defendant has cooperated in providing particular records from which to assess the value of the infringing material produced; and (7) the potential for discouraging the defendant." 2009 WL 2526744, at *3. Plaintiff was able to show only limited revenues from infringing products by any defendant. The court found two aggravating factors in this case: defendants' sales of products with now-banned substances created harms beyond trademark infringement and loss of business for N.V.E.; and the proliferation of counterfeit sales over the Internet to a near limitless audience of consumers significantly increases the likelihood of consumer confusion. The court granted total statutory damages of $250,000, attorneys' fees and injunctive relief. In N.V.E., Inc. v. Famous, No. 08-1633, 2009 WL 2194538 (D.N.J. July 22, 2009), the court granted plaintiff summary judgment under a similar set of facts, finding that defendant's sale of STACKER 2 supplements containing ephedra after the substance was banned constituted the sale of a counterfeit. The court did not rule on damages in this opinion. 2. Statutory Damages Calculation Following Default Judgment Chanel, Inc. v. Guetae, No. 07-3309, 2009 WL 1653137 (D.N.J. June 8, 2009) Through an outside investigator, plaintiff purchased a counterfeit CHANEL handbag from defendants' website, GoElegant.com. Plaintiff sued defendants, asserting trademark infringement and other claims. Defendants did not respond to the complaint or any subsequent pleadings, so the court issued a default judgment. As statutory damages, the court computed the value of the twelve CHANEL-branded products offered for sale on defendants' website (essentially summing the prices defendants charged for each of the twelve items), multiplied that value by the seven marks allegedly infringed, and further multiplied that value by the two varieties of goods offered on defendants' website (wallets and handbags). Finding that defendants willfully engaged in their counterfeiting activities, the court then trebled that value, reaching a total statutory damage #326576v3 -8- award of $480,732. Additionally, the court imposed a permanent injunction and assessed plaintiff's attorneys' fees, investigative fees and costs against defendants. Fourth Circuit Courts 1. Propriety of Extended Seizure Orders; Notice Procedure for Forfeiture Actions NASCAR, et al. v. Does, et al., 584 F.Supp.2d 824 (W.D.N.C. Nov. 6, 2008) In 2003, NASCAR implemented an enforcement strategy to combat counterfeit products in and around its multiple race venues throughout the NASCAR season. At the beginning of each race season, NASCAR would file a complaint alleging the sale of counterfeit goods by known and unknown defendants, obtain a TRO and seizure order, seize any counterfeit goods, and then obtain a preliminary injunction effectively extending the seizure order for the entire NASCAR season. Once the season ended, NASCAR would voluntarily dismiss the case and donate the seized goods to charity. In February of 2008, following entry of a TRO and seizure order, the court entered its usual preliminary injunction against defendants' sale of counterfeit merchandise and allowed the seizure of any counterfeit merchandise sold within a ten-mile radius of any racetrack 48 hours before or 24 hours after any NASCAR race. The preliminary injunction was allowed to remain in effect until the end of the NASCAR season in November. Despite its stated misgivings over the propriety of extending the seizure order – which the Lanham Act clearly limits to seven days – into a preliminary injunction that extends for eight months, the court reasoned it was warranted by the nature of the irreparable harm that would otherwise be done. The court did, however, rein in plaintiffs by holding that, if the plaintiffs voluntarily dismissed the case this time, they would be required to attempt to return the seized goods to defendants. The logical conclusion of a seizure in a successful counterfeit case is a permanent injunction coupled with destruction of the infringing articles, and plaintiffs' practice of donating seized goods to charity without notice was improper. To dispose of seized goods properly, plaintiffs must establish a Lanham Act violation, win a final judgment, then notify all potential claimants of the seizure and forfeiture of the goods. Until then, they act merely as a temporary custodian for the court and are responsible for returning all seized property to defendants if they lose their case. See In re Lorillard Tobacco Co., 370 F.3d 982, 987 (9th Cir. 2004)("the purpose of the seizure order is to preserve the evidence necessary to bring trademark counterfeiters to justice."). Regarding due process considerations for seizure and destruction of counterfeit goods, the Lanham Act does not provide a procedure for providing notice. Therefore, the court looked to the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions which apply to all forfeiture actions in rem arising from a federal statute. It ordered plaintiffs to provide notice sufficient to satisfy these requirements by publishing notice on the www.nascar.com website. #326576v3 -9- Fifth Circuit Courts 1. Damages and Attorneys' Fees for Willful Trademark Infringement Farouk Systems, Inc. v. Reza, et al., No. H-07-3385, 2008 WL 4753359 (S.D. Tex. Oct. 27, 2008) Plaintiff manufacturer of curling irons, hand dryers and other hair-care products registered under the mark CHI sued defendants for trademark infringement for selling counterfeit CHI products on eBay. Finding that plaintiff demonstrated there was no genuine issue of material fact, the court granted summary judgment that defendants willfully infringed plaintiff's mark and continued to do so after the suit was commenced. The court held that it had "the ability to enhance damages to provide proper redress . . . where imprecise damage calculations fail to do justice, particularly where the imprecision results from defendant's conduct." Taco Cabana Int'l, Inc. v. Two Pesos, Inc., 932 F.2d 1113, 1127 (5th Cir. 1991). The court held that defendants' continued sale of counterfeit products in at least 85 instances after suit was filed evidenced defendants' willful disregard for plaintiff's registered mark, and thus awarded attorneys' fees and costs and issued a permanent injunction. Seventh Circuit Courts 1. Construction of 15 U.S.C. § 1117(c) Statutory Damages Gabbanelli Accordions & Imports, LLC v. Ditta Gabbanelli Ubaldo di Elio Gabbanelli, 575 F.3d 693 (7th Cir. 2009) Plaintiff "American" Gabbanelli holds registered trademarks to sell accordions in the United States bearing the GABBANELLI brand. Defendant "Italian" Gabbanelli is an Italian company that manufactures components for plaintiff. Without license or authorization, defendant sold completed accordions bearing the identical brand in the U.S. Following protracted litigation, during which the district court accepted defendant's deemed admissions, the district court granted plaintiff summary judgment for counterfeiting. The district court awarded both compensatory and statutory damages for each counterfeit accordion defendant sold. Here, the Seventh Circuit (Posner, J.) reversed and remanded the district court's damage award on two grounds. First, the court found that 15 U.S.C. § 1117 permits statutory damages only in cases in which compensatory damages are not awarded for the same violation: within a single case, statutory damages may be awarded for some violations when compensatory damages are issued for other violations, so long as both types of damages are not conferred for any single violation. Second, the district court misinterpreted § 1117(c) by assessing statutory damages for each counterfeit accordion sold, as the statute requires that statutory damages be assessed per type of good sold. 2. Prior Publication Exclusion Not Applied to Relieve Insurer from Duty to Defend Counterfeiting Defendant Capitol Indemnity Corp. v. Elston Self Service Wholesale Groceries, Inc., 559 F.3d 616 (7th Cir. 2009) In underlying litigation, Lorillard Tobacco sued Elston, a wholesale goods distributor, for trademark infringement arising from Elston's alleged sale of counterfeit Newport cigarettes. #326576v3 -10- Elston invoked its insurance policy with plaintiff Capitol Indemnity, asserting that Capitol had a duty to defend it in the underlying infringement case. Elston's policy with Capitol provided that the insurer would defend Elston in cases of claimed "advertising injury," which was defined to include "misappropriation of advertising ideas or . . . [i]nfringement of copyright, title, or slogan." The policy covered events occurring between July 14, 2002, and July 14, 2003, and contained a "prior publication" exclusion that released Capitol from defending alleged advertising injury when "first publication of took place before the beginning of the policy period." Capitol brought this action seeking a declaratory judgment that it did not have such a duty to defend Elston under the policy because (i) Lorillard's claims against Elston fell outside of Capitol's duty to defend advertising injuries under the policy; and (ii) even if Lorillard's claims were advertising injuries, the policy's prior-publication exclusion extinguished Capitol's duty to defend. The district court granted partial summary judgment to Elston, rejecting both of Capitol's assertions and finding that the insurer did have a duty to defend its insured. Capitol appealed the district court's ruling that the allegedly infringing sales were beyond the prior publication exclusion. Here, the Seventh Circuit affirmed the district court. Although Elston had sold Newport cigarettes prior to the policy period, Lorillard did not claim infringing sales against Elston prior to 2002. The court reasoned that the prior publication exclusion operated to release the insurer from infringing activity occurring prior to the policy period, and not for prior sales of similarly-branded products when such sales were not actionable. Accordingly, the court declined to apply the prior publication exclusion here and affirmed Capitol's duty to defend Elston in the underlying litigation. Ninth Circuit Courts 1. Ex Parte Seizure under 15 U.S.C. § 1116(d) MRC Golf, Inc. v. Hippo Golf Company, Inc. 91 U.S.P.Q.2d 1285 (S.D. Cal. 2009) Plaintiff MRC brought this action against defendant Hippo Golf Company as the exclusive distributor in the United States of Mitsubishi Rayon golf shafts, alleging that defendant falsely represented that certain golf clubs it sold were manufactured by Mitsubishi Rayon. The court denied plaintiff's motion for an ex parte seizure order and temporary restraining order. Granting the ex parte motions would have served the purpose of preserving the evidence necessary to bring trademark counterfeiters to justice, but plaintiff did not assert or present any evidence that the trade name MITSUBISHI RAYON is a registered trademark. The claim thus failed under 15 U.S.C. § 1116(d)(1)(B)(i). The court further found that plaintiff had not demonstrated defendant was likely to destroy evidence, despite its continued infringement. 2. Insufficient Proof of Requested Damages and Insufficient Allegations to Support Permanent Injunction Upon Default Judgment Magna-RX, Inc. v. Holley, et al., No. CV-05-3545-PHX-EHC, 2008 WL 5068977 (D. Ariz. Nov. 25, 2008) The court denied plaintiff's request for damages in default judgment because plaintiff did not offer facts or law sufficient to support the damages requested. Plaintiff offered only the testimony of its President, copies of its copyrighted photographs and trademark, copies of settlement agreement with dismissed defendants, and only two of several alleged cease-and- #326576v3 -11- desist letters. The court found that plaintiff did not support its president's testimony with "best evidence," i.e., documents showing Magna-RX's sales or advertising and marketing dollars spent. Plaintiff also did not provide sales records of the authorized distributors of plaintiff's product, contracts with its distributors restricting marketing and advertising, or documents showing defendants' infringing website advertisements. The court held that even in default a plaintiff has the burden of proving damages through testimony, and although damages may be awarded without proof of damages, such proof aids in the exercise of discretion by the tribunal. The court denied plaintiff's request for $50,000 per defendant and instead awarded the statutory minimum of $500 per defendant for violation of the Lanham Act and $750 per defendant for violation of the Copyright Act. The court further held that the factual allegations in plaintiff's complaint, even if true, were insufficient to warrant the grant of a permanent injunction. Tenth Circuit Courts 1. First-Sale-Doctrine Defense to Counterfeiting Rejected Beltronics USA, Inc. v. Midwest Inventory Distribution, LLC, 562 F.3d 1067 (10th Cir. 1009) Plaintiff Beltronics provides aftermarket vehicle electronics, including radar detectors. It entered into distribution agreements with at least two authorized distributors that sold Beltronics radar detectors to defendant Midwest in violation of their distribution agreements. To prevent plaintiff from "detecting" the unauthorized sales, the distributors and Midwest either applied phony serial numbers to the radar detectors or removed the serial numbers altogether. Midwest then sold the radar detectors to consumers as "new" through eBay. Beltronics provides certain products and services—software upgrades, warranties, recalls, service assistance, etc.—to its customers, but only for Beltronics products bearing genuine serial numbers. When plaintiff refused to offer such services to consumers who purchased radar detectors from defendant, those consumers reported believing they had bought genuine items. Plaintiff sued defendant for counterfeiting and trademark infringement. The district court entered a preliminary injunction over defendant's argument that it was exempt from such liability by the "first sale" doctrine. Here, the Tenth Circuit affirmed the district court, rejecting the first-sale doctrine as a defense to counterfeiting when, as here, an alleged infringer sells trademarked goods that are materially different from those sold by the trademark owner: "the unauthorized resale of a materially different trademarked product can constitute trademark infringement." 562 F.3d at 1072. The voiding of services and warranties associated with a product can create a material difference in the product and a likelihood of confusion. Eleventh Circuit Courts 1. Statutory Damages Calculation Following Default Judgment; Personal Liability Chanel, Inc. v. Mesadieu, No. 6:08-cv-1557, 2009 WL 2496586 (M.D. Fla. Aug. 12, 2009) Through an outside investigator, Chanel purchased a counterfeit CHANEL watch from one of defendant's websites. Defendant is president of three corporations that operated websites selling counterfeit handbags, backpacks, caps, bedding, sunglasses, swimwear, clothing, ties, watches, and other inferior goods with CHANEL marks. Plaintiff sued defendant, asserting trademark counterfeiting and infringement. Defendant did not respond to plaintiff's cease-and-desist letter, #326576v3 -12- the complaint or any subsequent pleadings, so the court issued a default judgment of counterfeiting. The court then accepted plaintiff's requested statutory damages award in its entirety, arriving at $567,440 by multiplying the average value of the inventory offered for sale on defendant's websites on four different dates ($3,546.50), by sixteen CHANEL marks infringed, by ten types of goods sold. The court also imposed a permanent injunction and assessed plaintiff's attorneys' fees, investigative fees, and costs against defendant. Finally, in a footnote, the court assigned personal liability for the damages to Mesadieu, concluding that he "was the moving force behind the operation of the three corporations[, which] is sufficient to establish Mesadieu's personal liability for his participation in the counterfeiting activities." 2009 WL 2496586, at *7 n.5. District of Columbia Circuit Courts 1. Complaint Allegations Insufficient Proof of Requested Damages Lifted Research Group, Inc. v. Behdad, Inc., et al., 591 F. Supp. 2d 3 (D.D.C. 2008) Defendant is the owner and operator of a retail operation that promoted, advertised and sold counterfeit apparel items, including jeans, shorts and t-shirts. Because defendant failed to file an answer or otherwise respond to the action, the court granted default judgment that plaintiff's complaint sufficiently alleged facts to support its claims of counterfeiting, trademark infringement, etc. The court permanently enjoined defendant after finding it had continued to sell counterfeit LRG apparel despite receipt of a cease-and-desist letter and the filing of this lawsuit. In calculating its damages, plaintiff contended that the baseline was the $1,480 sale price of the goods offered by the defendants. Plaintiff then trebled that amount on the basis of defendant's willfulness and then doubled that amount for the purpose of deterrence. Plaintiff failed, however, to submit support for the way in which it made these calculations. The court declined to award damages until (1) plaintiff proved it was legally entitled to damages under both the Lanham Act and the Copyright Act for the same injury, and (2) plaintiff provided support for its method of calculating statutory damages. #326576v3 -13-


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1964 Pontiac "Bonneville" Convertable, rust-free Arizona car; factory 8 lug alloy wheels; Artic White exterior with original black interior; near new white power top;... More
1959 Pontiac BonnevillePontiac Bonneville. White 2 Door Bubbletop only 31000 miles 389 tri-power all original not restored must see! I don't think you'll find... More
1963 PONTIAC BONNEVILLE "BABY BLUE", WHITE CONVERTIBLE TOP. A real head-turner, rare bucket seats, floor shift, AC, cruise control, almost new COKER tires, tri-power,... More
Stk. 1947 1966 Pontiac Bonneville Convertible Back in 1959, the Pontiac engineers came up with the 'Wide Track' suspension concept. They were working to dramatically... More
1963 Pontiac Bonneville Convertible for sale in our Indianapolis Showroom. This 63 Bonneville is powered by a numbers matching 389 cubic inch V8 backed... More
- Top-of-the-line convertible - Beautiful Montero Red paint - 389 V-8 with 4-barrel carb Pontiac was America's third-best selling car in the mid-1960s—and for good reason. The... More
Free Shipping For a Limited Time* 1965 Pontiac Bonneville Convertible It really doesn't get better than a bright Red '65 Bonneville with the big 389 V8... More
This 1961 Pontiac Bonneville convertible is equipped with a 389 cid. engine with dealer optioned tri-power carburetors. It has power steering, power brakes and... More
1961 Pontiac Bonneville Convertible, 389 Tri Power, Automatic Hudramatic Transmission. Original 8 lug wheels with New Coker Classic steel belted radial tires, P225/75R14. Power... More
This very original Bonneville is a great example of an early Sixties Pontiac Sport Coupe as the company changed the look of their entire... More
For sale is a custom 1969 Pontiac Bonneville Convertible located in our Indianapolis showroom. This one of a kind custom convertible 69 Bonneville is... More
1963 PONTIAC BONNEVILLE CONVERTIBLE This mint condition Pontiac was sold new in 1963 changed hands to 2nd owner in 1966 (who held it till 2007) then sold it to... More
The '63 Bonneville saw many improvements from past years, things such as a new painting process described as ''bake-sand-bake'', improved body insulation, padded dash... More
The Pontiac Bonneville was at the top of the Pontiac model line-up in 1964; built on a longer wheelbase version of GM's B-Body platform.... More
1964 Pontiac Bonneville Safari Wagon. For those who want the later 1960s muscle car look, the 1964 Bonneville Safari with its coke bottle curves... More


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Charles Huseman over at Gaming Nexus attended GamerscoreBlog's Road Tour event in Chicago, and got some hands-on time with the Chatpad, although not the retail version that'll hit shelves this summer. Charles said the Chatpad doesn't get in the way at all or messes up the weight balance of the controller. He also noted that the buttons are backlit for those who may be texting in the dark, with minimal impact on the wireless controller's battery life. Still no word on pricing or when we'll be getting it this summer.
The special headset packed with the Chatpad has yet to be seen. Either way, exactly 1/3 of X3F staff (We bet you can't guess who) is all about the IMing whilst gaming, to the point of having a USB keyboard handy to make use of the overlay window for quick conversations. Have any of you slowly warmed up to the idea of IMing while you game? Or would an accessory like this be necessary for you to make the jump?
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The latest family news from kids, home remodelling to wedding planning.
Perched atop a fire engine, dressed in red and wearing a white beard, Bob Rooney was in touch with his inner Santa Claus.
The line of people, mostly women, at one point stretched from the door of Citizens for Citizens at 1 Taunton Green all the way to Leonard Street, where the fire department's Central Station is located.
This year's program promises to be a great adventure for children ages 5 to 10 years.
Expect long lines of grateful parents and their children lining up outside the School Street offices of Citizens for Citizens this morning and afternoon as part of the annual Operation Christmas.
A Christmas City tradition will have Taunton children jumping for joy today, when Santa Claus rides around the city tossing lollipops to all kids in sight.
For Christmas tree decorations, homemade usually trumps store-bought.
Tips from moms on how to keep Dec. 31 from being just another night.
One expert address the causes behind holiday-season migraines.
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Category:De Morgan Medallists
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An item on Page C1 of Thursday's Times requires clarification. Saturday's free Dentistry from the Heart event at East Brewster Dental is for the first 100 veterans who sign up and they will be required to show their military identification cards. For more information, call 508-255-0111.
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Ron Blackwell helps neuroscientists map the circuitry of face perception by letting them stimulate his brain with electricity.
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Ron Blackwell helps neuroscientists map the circuitry of face perception by letting them stimulate his brain with electricity.
Travel through the outer layers of a mouse brain thanks to array tomography and Stanford University's Stephen Smith.
Neurosurgeon Andres Lozano discusses deep-brain stimulation in this TEDx talk.
Karl Deisseroth and his team at Stanford University make mouse brains transparent to explore their inner workings.
Looking for a more realistic way to study memory, we turned to place cells—a network of cells that record a rat's memory of an environment.
Early on, researchers had learned that the hippocampus was the structure in the brain where long-term memories were created and stored, but it was not known whether the different cell types within this structure might be more or less susceptible to the aging process.
The initiating cause of Alzheimer's disease is still unknown. However, from our studies it's clear that many types of neuronal damage—from traumatic brain injury, to epilepsy, infection, or genetic predisposition—can activate brain immune cells—microglia and astrocytes-- promoting them to produce IL-1 and S100 inflammatory cytokines.
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4.14 / 5.00 4,549 ViewsThe second part of the Naruto Randomness series XD more parodies, more songs and more humor
The voices are in spanish but hey!! there are subtitles in english so don´t complain
Watch my channel on youtube!!
Yeah i know crappy voices and sound XD sorry about that , my sister and i need a lot of practice... and a better microphone (we use the microphone of an usb memory so it`s very primitive XD) I will get a microphone someday T.T
Edit: Now i have "fixed" the voices XD i found on soundforge something called "time strech" to make the voices run more faSter so you can hear them normally and not slow like before
Ahi se ven!! n_n
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April 19, 2014
Winter moths devastate hardwood trees on coast, islandsPingree's office wants to keep funds in farm bill to provide responseby Tom Groening
VINALHAVEN — Town Manager Marjorie Stratton left the office and was on her way home one evening in November 2012 when she saw a flurry of white around a streetlight. "Oh, it's snowing," she remembers thinking, but a moment later, she realized it wasn't a flurry but a swarm. Male winter moths are known to fly in great numbers around lights, as they seek out the flightless females for mating. The insects, native to Europe, stand out at that time in Maine as the temperatures dip into the freezing range and other insects are on the decline or gone. But the moths are more than an aberration. State forestry officials say they also are an abomination. During their larval stages, the moths eat through the folded-up leaves contained in hardwood tree buds, resulting in serious foliage damage. Allison Kanoti, a forest entomologist with the Maine Forest Service, agrees with Stratton and others on Vinalhaven who say the island has seen defoliation in the last few years. But the problem extends beyond the island. "We do have records of winter moths from Kittery all the way to Mount Desert Island, with some smaller breaks in between," Kanoti said. Last year, moderate to heavy damage was seen from Cape Elizabeth to Bristol, and from the Penobscot Bay region to Mount Desert Island. In all, some 5,100 acres have been deemed defoliated by the winter moth, Kanoti said. The lifecycle begins in the spring. In April, the insect's eggs hatch on host trees, and the caterpillars—about a millimeter long—crawl into the nascent buds. They chew away through late May or early June, then crawl down into the soil to pupate, Kanoti said. The moth version emerges in late November and early December. The moths are active as long as the temperature is above freezing, drawn to the flightless females by a pheromone. While the caterpillar is buried in the ground, resting from its feast, those munched-over buds of the hardwood trees open. The leaves resemble Swiss cheese, and the tree's health may be compromised. The winter moths were first seen in Nova Scotia in the 1930s, Kanoti said, probably arriving there in plant soils transported by ship. As much as 40 percent of the province's red oaks were devastated by the 1950s. By the late 1990s, they were evident in Massachusetts, impacting oak stands in the eastern part of the state. On Vinalhaven, fruit and other prized hardwood trees in yards sport odd-looking belts—a bat of Fiberglas insulation covered in reversed duct tape, a remedy that's supposed to inhibit the caterpillars from crawling up the tree trunk to the buds. But Kanoti says the best way to combat the moths is to introduce parasitic flies and wasps into the environment. Those insects lay their eggs on chewed foliage, and the fly and wasp caterpillars eat the winter moth eggs along with the leaf. Rep. Chellie Pingree, D-North Haven, has responded to a request for assistance from Stratton and Vinalhaven town officials. Money to pay for introducing the parasitic fly and wasp is included in the federal farm bill, and Pingree has fought efforts to cut those funds, her office has reported. |
More Environment ArticlesARTICLE Record lobster landings in 2014: 123 million pounds, $456 million in valueby Staff Writer
February 26, 2015 ARTICLE Value of Penobscot East's scallop work featured in impact publicationby Staff Writer
February 2, 2015 More Inter-Island News Articles |


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With Dec. 31 rapidly approaching, lawmakers could be tempted to punt on an agreement to deal with the looming year-end threats of tax hikes and spending cuts known as the fiscal cliff. That's a bad idea, Treasury Secretary Tim Geithner said Tuesday.
"I know there are people out there who say, 'Look, it's November 13. The end of the year approaches. Why don't you just put off all the stuff to buy yourself some time? Why don't you just extend everything?'" Geithner said at a meeting of The Wall Street Journal CEO Council in Washington, D.C. "I would discourage you from viewing that as an attractive alternative for dealing with this."
The Treasury secretary said that doing so would both leave the U.S. economy in its current state of uncertainty over its fiscal future, and apply a new layer of uncertainty on top of that: Whether there would ever be an incentive for anyone to come to the table to make a deficit deal that is sure to involve compromise.
"If you say again… we're going to extend and delay, what gives people confidence that people who have to negotiate this will come to the table and negotiate?" he added. "Because they'll always believe if they hold out they can just extend again."
"Be careful about those who argue for and urge for, let's just extend [the cliff provisions] while we debate, while we negotiate," he said.
One such person is House Speaker John Boehner of Ohio. Boehner told National Journal in an interview earlier this month that he expected "some type of a bridge" rather than a grand bargain to avoid the fiscal cliff during the lame duck.
"Lame ducks aren't noted for doing big things. And frankly I'm not sure that lame ducks should do big things. So the most likely outcome would be some type of a bridge," Boehner said in the pre-Election Day interview. "But the impact of the election is certainly going to have an impact on how this plays out."
Geithner also reiterated in Tuesday's wide-ranging interview with The Wall Street Journal's David Wessel at the CEO event that he expected to leave his post at Treasury around Inauguration Day, which is scheduled for Jan. 21, 2013. The Obama administration has yet to name a replacement but is expected to do so soon.