text:
VIEWS: 41 PAGES: 17 POSTED ON: 5/18/2012 Public Domain
Trademarks and Unfair Competition Outline Order of analysis: 1) Start with whether mark is protectable (distinctiveness chart) = must have rights to enforce - Step isn't usually necessary for reg. marks, but might be for unreg. marks (must prove use) o Presumption that reg. marks are protectable, otherwise they wouldn't be reg. - D always has burden of proving mark isn't protectable 2) Polaroid/Pizzeria Uno LOC factors - NOT used in dilution cases, where this is irrelevant 3) Anything else Subject Matter – What Can be Trademarked A. Types of Marks: Trademark/service mark (LA §45; R. 3rd of Unfair Comp. similar) – includes any word, name, symbol, or device, or any combination thereof – 1) used by a person, or 2) which a person has a bona fide intention to use in commerce and applies to register, to identify and distinguish his or her goods/services, including a unique product, from those manufactured or sold by others and to indicate the source of the goods/services, even if that source is unknown - Confers a limited property right appurtenant to bus./trade (not in gross) Collective mark – same as above, but used by a cooperative, association, or other collective group/org. - 2 varieties 1) Used as a trade/service mark to id goods/services originating with collective or its members 2) Indicates membership in a collective, but doesn't ID goods/services Certification mark – same as above, but to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other char. of the good/service - Unlike other types, does NOT identify source 1. Things that can be trademarked: Preamble of LA §2 – "no trademark by which the goods of the app. may be distinguished from the goods of others shall be refused reg. on account of its nature" Things that have been trademarked: - Word marks - Trade dress – packaging and shape/design of a product o Qualitex: color alone can be a trademark - Higher standard applies: 1) Must show color has acquired 2ndary meaning, and thus identifies source 2) Even if 1) is met, color can't be functional - Ex. functional: orange pay phones are highly visible to motorists even in bad weather o Two Pesos v. Taco Cabana: distinctiveness is an explicit prereq. for reg. of trade dress, but no showing of 2ndary meaning is necessary if trade dress is inherently distinctive - Décor of restaurant considered product packaging o Wal-Mart: product design (clothing) is not inherently distinctive as it isn't intended to identify source, so a showing of 2ndary meaning is necessary - Combination of colors and shapes – John Deers green farm equipment with yellow wheels - Shapes - Scents - Sounds – higher standard applies o Arbitrary, unique, or distinctive marks reg. without supporting evidence - Performers' voices 1 o Common sounds reg. only after showing that public recognizes/assoc. sound with a single source - Cartoon characters - Nicknames – Coke, Hog for Harleys, the Met for the Metropolitan Opera - Telephone alphanumeric combinations - Single letter, numbers, letters, initials, abbreviations – diff. standard applies o KFC, IBM, NBC fine on their own o Those that diff. between various grades, styles, colors, or types of products (primarily fcn. of describing product) reg. only if they also designate source - Fact question requiring analysis of manner of use, intent of user, and meaning understood by consumer o DC10 planes and 501 Levi's jeans are well-known model designations consumers recognize 2. Things that can't be trademarked: Trade names, unless they are also used as a trademark - Boblink used merely as a trade name to identify the co. that markets its products under name CreditLink B. Distinctiveness: Distinctive – product is unique in the consumers' minds as it identifies source, and thus worthy of trademark protection (R. 3rd of Unfair comp.) - 2 categories: 1) Inherently distinctive – already have 2ndary meaning 2) Distinctive through 2ndary meaning – requires that primary sign. of term in the minds of the public is not the product, but the producer - Presumed in LA and can't be challenged as merely descriptive if mark becomes incontestable - Protection extends only to meaning that has attached to the designation o Owner has no exclusive right to use term in its original, lexicographic sense - Rock & Roll Hall of Fame: museum didn't use drawing of its bldg. design on goods consistently, so they didn't create a distinct impression as an indicator of a single source of origin of all such goods (Gentile's poster using name and design as another source is thus OK) Abercrombie Classifications of Trademarks (from more protected to least): Classification Definition Example Distinctiveness Made/Coined/ Words that don't exist until the Exxon, Kodak, Clorox, Fanciful mark is created Xerox Arbitrary Everyday words that have no Apple computers, Ivory association with the products for soap which they are names Inherently distinctive = Suggestive Marks that require a bit of Eskimo Pie ice cream trademarks that already imagination using "Eskimo" to have 2ndary meaning suggest cold, Orange Crush, Reynolds "Brown- in-bag" since browning isn't sole purpose of bag Descriptive Word(s) describing char., 1) EverSharp knife Can go either way qualities, or ingredients of product describing that the knife 1) Can become distinctive doesn't get dull through 2ndary meaning 2) QuikPrint describing 2) Merely descriptive and the char. speed of service not distinctive Generic So popular that name no longer Aspirin, spoon, Not distinctive = not points to a single source trampoline trademarks 2 Technical marks – 1st 2 categories Common law protected only top 3 categories - Reasons favoring conferring immediate trademark status on top 3 categories: 1) Nature of term indicates the public will inevitably perceive it as a trademark 2) One provider's appropriation of a non-descriptive term won't disable competitors from describing theirs goods/services 3) Users and competitors require certainty regarding the trademark status (perhaps most impt.) - Otherwise, extremely diff. to show at just what pt. in time the mark became associated with maker in enough customers' minds to justify inference that D's use might have become confusing Several marks start at the top of the ladder (made) and fall off to the bottom after the name becomes popular (generic) Generally self-laudatory phrases are not protected as they are descriptive, but they also can acquire protection through 2ndary meaning PTO reg. of mark without 2ndary meaning affords a rebuttable presumption mark is at least suggestive Product can fit into 1 classification in one market, and another in a 2nd market (see genericism, Bayer) - People in town A might say that want to buy Levi's (generic term for any jeans), but people in town B say they want to buy jeans (Levi's would then be a made mark) Establishing Rights – How do You Get Trademark Rights? A. Use in Commerce: LA §45: "Use in commerce" means the bona fide use of a mark in the ordinary course of trade, and not merely to reserve a right in the mark (token use). A mark shall be deemed to be in used in commerce (1) On goods when (A) it is placed in any manner on the goods, containers, displays, tags, or if the nature of the goods makes such placement impracticable, then on docs. associated with the goods or their sale, and - Use on invoices, bills of lading (docs. acknowledging receipt of goods for transport), packing slips, ads, and other steps merely leading up to use not enough (B) the goods are sold or transported in commerce, and (2) On services when it is (A) used/displayed in the sale or advertising of services and (B) the services are rendered in commerce, or the services are rendered in more than 1 State or the US and a foreign country Larry Harmon: commerce under the LA comprises all commerce that Congress may lawfully regulate User acquires protectable common law trademark rights even without reg., with scope based on market penetration - Just because the mark is reg. doesn't mean you have trademark rights if there is no use Ex. of sufficient use: - Int'l Bancorp v. SBM (4th Cir.): SBM's advertising/promotional efforts of "Casino de Monte Carlo" mark alone are use, so mark is protected in US o Dissent (Motz): "use" means use within the US only, and casino's services rendered abroad here - Consequences of maj. holding – entity using a foreign mark to advertise/sell to US citizens in a foreign country gets a windfall of trademark rights/protection under US law o Firms have to scour globe to determine when/where US citizens bought from foreigners to determine priority o Sub. prof. thinks case incorrectly decided - MD Stadium Authority v. Becker (priority case): advertising/promotion is sufficient to establish use of an unreg. mark as long as it occurs within a reasonable time prior to actual rendition of service and totality of acts creates assoc. of the service/mark with the user o Sale not necessary since use is impending rather than just talked about (far enough along path) Ex. of no use: - Proctor & Gamble v. Johnson & Johnson: P has no current plans to use brand names in minor brands program and never put them on the market in any meaningful way = token use 3 - DaimlerChrysler v. Bloom: D's licensing of phone # without more isn't use even though 1 alphanumeric translation spells out a protected mark (1-800-MERCEDES) o Didn't advertise, promote, publicize, or incorporate mark in any way - Might be reaping benefits of preexisting confusion, but didn't create it so no LA violation o Compare to Holiday Inns v. 800 Reservation: D's adoption of 1-800-H[zero]LIDAY not enjoined as requested by P, holder of previous 1-800-HOLIDAY - D didn't promote # - There is no right to enjoin operation of a # whose translation is only similar to a protected mark o Sub. prof./class think D should have been enjoined as licensee's use usually inures to the licensor Trademark rights last as long as the mark is used, unlike copyrights and patents 1. Priority: Exclusive right to a trademark belongs to person who 1st uses it in connection with specified goods = timing can make a big diff. - Use doesn't have to have gained wide public recognition o Even a single use may sustain trademark rights if followed by continuous commercial utilization - Use must be open and made to relevant class of purchasers o Secret, internal shipments are inadequate "use" - Labels/designs must be affixed to the merchandise actually intended to bear the mark in commercial transactions o Usefulness of mark derives not only from capacity to identify a certain manufacturer, but also the ability to differentiate between diff. classes of goods from the same manufacturer - Goods may be identified by more than 1 trademark, but each must be a bona fide use Shalom Children's Wear v. In-Wear: priority alone isn't a ground for opposition because of concurrent use - To win, Shalom should have pleaded and established a LOC as well 2. Concurrent Use: Unreg. marks – adoption/use doesn't protect in advance of extension of the trade - United Drug Co. v. Theodore Rectanus Co.: unlike copyrights and patents, trademark rights are not assignments in gross and don't confer monopolies, but are rather appurtenant to an established bus./trade (have no value in and of themselves) o Can buy and sell trademarks, but must sell bus. or at least goods/products with it to be valid LA §15 for fed reg. marks – party that has successfully reg. and continued using a fed. service mark has an incontestable right to use it throughout the US - LA §33b limited area exception – confers upon a junior user the right to continued use of an otherwise infringing mark in a remote geographical area if use was established prior to the other party's reg., use is continuous, and mark was initially adopted in good faith without notice of senior user's mark o Encapsulates/freezes junior user's market - If they expand further after date of senior user's reg. and senior user also moves into market, junior user's rights are taken away * Thrifty Rent-A-Car v. Thrift Cars: though some confusion may result in continuing to allow D to advertise in media it had before P's reg., LA doesn't require complete elimination of all confusion B. Intent to Use (ITU) Application: Allows app. to reserve the trademark if following requirements are met: 1) Bona fide intention to use the mark in interstate commerce - Intent must be firm, though it may be contingent on the outcome/happening of an outside event - Indicators that might demonstrate a lack of a bona fide intent (Senate Report, cited in McCarthy): o 1 mark-many products – filing numerous ITU apps. for the same mark for many more new products than are seriously intended o 1 product-many marks – numerous ITU apps. for a variety of marks to be used on 1 new product 4 - Though this does confirm that you can file apps. to reg. more than 1 mark for the same goods/services at the same time, and decide which to use later o Reserving many descriptive terms – numerous ITU apps. for marks consisting of/including descriptive terms describing some impt. characteristic of a new product o Many re-filings – numerous ITU apps. to replace apps. which have lapsed because no timely statement of use was filed o Many marks-many products – an "excessive #" of ITU apps. in relation to the # of products app. is likely to introduce during the stat. period under the applied for marks o Vague description of goods/services – apps. unreasonably lacking specificity in describing goods - Rationale: designed to eliminate token use – technical trademark use on a small quantity of goods in commerce to provide the bases for a use app. and, but not necessarily with bona fide intention above o Congress concerned that people would reserve lots of marks without ever intending to use them o Further, token use wasn't available to all bus. (i.e. – can't do for an airplane) 2) Showing of good faith - Assessed with an objective test utilizing evidence of circs. (PTO ex., cited in McCarthy): o Efforts evidencing an ongoing effort to make use of mark, including: - Product/service research or development - Market research - Manufacturing activities - Steps to acquire distributors - Steps to obtain required govt. approval - Originally only in House version of bill, as Senate wanted to assure that once reg. was conditionally approved by PTO, app. would have needed certainty to invest in mark without fear of reversal o But Senate recognizes that PTO might be able to consider some issues only after use is actually made, so 2nd evaluation for ITU apps. Reg. not complete until mark is put into bona fide use - If successful, user acquires same broad, exclusive stat. rights to mark as with use above Prohibits assignment of ITU app., with narrow except for the successor to the bus. of the applicant, or portion thereof, to which the mark pertains Cases: - Zirco Corp. v. AT&T: apps. can rely on LA §7(c)'s constructive use provision ("contingent upon" successful reg. and thus, use) before reg. complete o Otherwise, constructive use would be a sword in affirmative actions by ITU apps. only after reg., and never as a shield in LOC actions against app. prior to reg. - LA §18 – Board may render decision on opp., but can't enter final judgment in favor of ITU app. until mark is reg. o AT&T can't stop Zirco from using mark in the interim between app. to reg. and reg., because until reg. is successful they don't have rights to it - Eastman Kodak v. B&H: Board's implied creation of a presumption in favor of app. for a numerical mark intended for use as more than a model designator is reasonable o Board can't determine whether the #s are merely descriptive or reg. with a showing of 2ndary meaning until statement of use is filed (requires actual use) - Burden of proof = preponderance of the evidence in both cancellation and opp. proceedings o Contrast to Racing Champions, Inc. v. Mattel, Inc.: opposers don't have to wait until use to sue if they can establish that term has a pre-existing descriptive meaning in the eyes of the public, regardless of whether app. intends to use it in that descriptive way or not - Mattel couldn't reg. "1/64th" for rulers, figurines, key chains, sunglasses, etc. because it has a pre-existing meaning as an indicator of scale 5 Establishing Rights – Trademark Reg. Procedures A. Process: Clearing a proposed mark – order a search report from an indep. search co. and get it evaluated by an atty 1. Fed. Reg.: Advantages: 1) Nationwide protection from date of app. 2) Incontestability if used continuously for 5 years, stat. limits challenges alleged infringers can bring against mark 3) Warning to others – PTO will protect mark by refusing reg. to other makrs considered by Examiner to cause a LOC 4) Evidentiary adv. – reg. mark is prima facie valid 5) Use of R symbol or phrase "Registered in U.S. Patent Office" or "U.S. Pat. Off." to denote fed. reg. – notice informs public that proprietary rights are recognized in mark 6) Confirms ownership and validity 7) Burden on infringer to prove functionality, rather than designer having to disprove it 2. State reg.: App. requirements similar to fed. app. Advantages: - Some can't qualify for fed. reg. because they don't use mark in interstate commerce, but only in 1 state - Can get in a matter of weeks, so affords some protection while waiting on fed. reg. to process o Constitutes evidence of a claim to exclusive trademark rights within all/at least part of the state, though subject to rebuttal - Turns up on search reports, so subsequent users will be alerted - Fee only $10-50 Disadvantages: - Not given much weight in infringement actions since apps. aren't examined for prior conflicts - Require mark to be used before app. to reg. can be filed, so no ITU apps. B. Bars to Reg. (LA §2): Mark is unreg. under LA §2 if it consists of/comprises: (a) Immoral, deceptive, or scandalous matter - Must have an identifiable group (Native Americans, women) (b) Flag, coat of arms, or other insignia of the US, state, municipality, or foreign nation (c) A name, portrait, or signature identifying a particular living person except by his written consent - For Pres., even when he is deceased during the lifetime of his widow (d) A mark which so resembles another reg. mark or mark previously used in the US and not abandoned, as might cause a LOC (e) Parts: (1) Mark is merely descriptive or deceptively mis-descriptive (2) Mark is primarily geographically descriptive - American Waltham Watch: since P was 1st in field, later must take reasonable, commercially practicable precautions to prevent their ads from deceitfully diverting P's customers o D enjoined from using "Waltham" or "Waltham, Mass." on watch plates without some accompanying statement to distinguish them from P's (3) Mark is primarily geographically deceptively mis-descriptive (4) Mark is primarily merely a surname (5) Mark comprises any matter that, as a whole, is functional (also a stat. defense to incontestability) 6 - De jure functional – feature is: 1) essential to the use/purpose of the device or 2) affects cost/quality such that exclusive rights would put competitors at a significant non-reputation related disadvantage (competitive necessity to deny reg.) o Province of patent law, not trademarks, to encourage invention by granting monopolies over designs for a limited time - Must satisfy all 3 parts of chain to be denied reg.: functionality utility superiority o Morton-Norwich factors used to demonstrate de jure functionality: 1) A utility patent that discloses the utilitarian advantages of the design, - TrafFix Devices: expired utility patent doesn't foreclose poss. of claiming trade dress protection of product's design, but is strong evidence of functionality 2) Advertising materials touting utilitarian advantages/superiority, - Superiority implied: "no other shape" in Porsche 911 Turbo 2 engine ad - Subjective superlative not yielding any useful info.: "Weber is the one, the only" 3) Facts tending to establish the unavailability to competitors of alternative designs, and 4) Facts indicating that design results from a comparatively simple/cheap method of manufacturing - Shifting burdens: o If product is not reg. – LA §43(a)(3) presumption that features in product design are deemed functional until proved otherwise by party seeking protection o If product is reg. – burden on infringer's side to prove that product design features are functional, and thus reg. should be cancelled - Ex. of functional, nonreg. marks/trade dress: o Kellogg: pillow-shaped form of Shredded Wheat allow biscuits not to crush during transport o Harley Davidson exhaust sound, because it is the byproduct of the functional exhaust system o In re Babies Beat: bottle design meets 1st 2 parts in chain because baby's small hands can more easily grasp it and 3rd because it can be cleaned easier than all other designs o Leatherman: tool is an assemblage of functional parts arranged for superior performance, so overall appearance must be functional too - Ex. not functional, reg. marks/trade dress: o In re Weber-Stephen: ads suggest functionality and utility but not superiority, competitors successfully use several other designs, and fact that design is cheaper for Weber who already had presses for it doesn't indicate that it will be cheaper for others without the presses (f) For a, b, c, d, e(3), and e(5) the bar is absolute and can't be overcome by showing of distinctiveness Losing Trademark Rights A. Genericism: Cos. with made marks let their mark get so famous, it becomes a generic description of the product and loses trademark protection - Ct. will often try to balance competitive disadvantage to D arising out of P's exclusive use of term with risk that those who recognize term as P's trademark will be deceived by D's product using P's mark Cos. like Xerox and Levi's (for jean pocket design) have gone to great lengths to prevent genericism - Invested in. sign. trademark education endeavors to prevent popular misuse of their mark o Product's generic name should accompany the trademark - "Gremlin washing machine" instead of just "Gremlin" - Trademark is an adjective and shouldn't ever be used as a noun/verb - Police field heavily Congress has specified proper test as primary sign. of reg. mark to the relevant public rather than purchaser motivation Competitors can't "genericise" another's mark by using the name Ex. marks that became generic and thus unprotectable: 7 - Kellogg: NBC's mark "shredded wheat" became a generic description of the cereal product o Labeling as "Kellogg's shredded wheat" avoids potential customer confusion - Bayer Co. v. United Drug Co.: mark "aspirin" means diff. things to diff. classes o General consuming public uses it generically (mark not protected, so D can continue to use it here) o Chemists/doctors/retail druggists know mark to signify P (mark protected, so D can't use it here) - King-Seeley Thermos v. Aladdin Indus.: surveys prove that consumers considered "thermos" generic o Decree that D must precede "thermos" with "Aladdin" and must confine use to lower-case T - Dial-A-Mattress Franchise Corp. v. Page: MATTRES generic for mattresses, and thus not subject to appropriation as a mark o Since confusion resulted from competitor's adoption/promotion of 1-800-MATTRES when NY bus. had previously adopted MATTRES, ct. enjoined 800 # from using digits, but only in NY area B. Abandonment: LA §45 elements: 1) Nonuse - Nonuse for 2 consecutive years = prima facie abandonment 2) Intent not to resume use - May be inferred from circs. - Time is relevant – means intent not to resume use within the reasonably foreseeable future, not never Silverman v. CBS: challenging infringing use and sporadic licensing for essentially non-commercial uses isn't sufficient sue to forestall abandonment Trademark and Trade Dress Infringement Law seeks to prevent infringer from improperly benefiting/trading on the goodwill of another's mark LA §32(1)/15 U.S.C. §1114: liable for infringement where a person uses: 1) Any reproduction, counterfeit, copy or colorable imitation of a mark 2) Without the reg.'s consent 3) In commerce (applies below too) - Jews for Jesus v. Brodsky: commercial use established by jews-for-jesus.com site containing trad. Jewish material, including support for Outreach Judaism, because: o Though website doesn't solicit funds directly, it links to another site that sells merchandise o Site is designed to harm P's org. commercially by disparaging it and preventing it from exploiting the mark 4) In connection with the sale/offering for sale/distribution/advertising of any goods (applies below too) - Boston Professional Hockey Ass'n v. Dallas Cap & Emblem: fact that symbol covers the entire face of D's product (patch) doesn't alter fact that mark is used in connection with the sale of the product - Jews for Jesus v. Brodsky and PETA v. Doughney: don't need to have sold or advertised goods/services, but either preventing users from obtaining PETA's (by preventing them from reaching their intended site of P's org.) or connecting site to other's is enough 5) Where such use creates a LOC, mistake, or deceives A. Likelihood of Confusion (LOC): LOC = probability of confusion - Don't have to show actual confusion o In some instances, you can't because the product hasn't been put on the market yet - But can't get away with showing only a possibility of confusion Usually treated as a question of fact instead of law - Trial ct.'s opinion will be adopted unless clearly erroneous (appellate standard of review) o Hard to reverse 8 - Interp. of factors, such as meaning of "strength" and its substantive relevance to LOC remain issues of law Ps burden to establish - Confusion is P's risk if their mark uses a fairly common word/phrase Once LOC has been established, a presumption of irreparable injury arises - Critical because if you don't have it, you can't get injunctive relief 1. Basic Factors: Polariod/Pizzeria Uno (4th Cir.) factors: 1) * Strength of P's mark - the stronger the mark, the more it is protected - Goes back to Abercrombie distinctiveness chart - Look at how many uses of mark there are - Look at how much advertising $ are spent 2) Degree of similarity between P's and D's marks – diluting factor - Similarities examined on 3 leaves as it encountered in the marketplace: o Sound o Look o Meaning - Similarity measured on marks as a whole, with similarities weighing more heavily than diff. - Mobil Oil v. Pegasus Petroleum: words and pictorial aren't equated as a matter of law, though they can be after determination as a factual matter o Ct. found the flying horse symbol and name Pegasus synonymous 3) Proximity of the goods/services (a.k.a. – similarity of marketing/advertising channels) - Ex. related: flashlights and flashlights - Ex. not related: flashlights and pharmaceutical products 4) Likelihood that P will bridge the gap - Closely tied to the 3rd factor if the product/service is related 5) * Evidence of actual confusion – surveys - Timing issue of when to sue: o Before product enters market – sometimes good to file immediately because actual confusion can't be shown at this stage - In weak cases, might be worried that there won't be actual confusion if product enters market o After product enters market – longer product is on the market, the more you really need to show actual confusion - Initial interest confusion: o Ex. initial interest confusion found in: - Usually where an Internet user in search of 1 specific product inadvertently comes upon a related 1 and uses/buys it instead - Mobil: confusion not in the fact that a 3rd party would do bus. with D believing it related to P, but that D would gain crucial credibility during the 1st phases of the deal o Ex. initial interest confusion not found in: - The Network Network v. CBS: user unable to find Nashville programming info. isn't likely to give up and purchase a computer maintenance seminar from Network instead 6) * Intent/D's good faith in adopting the mark - Intent to cause confusion is strong evidence that confusion is likely - Cts. presume an intent to copy mark where infringer adopts part. name with knowledge of P's mark 7) Quality of D's product/service 8) Sophistication of buyers/relevant consumers – for senior user - Impt. because sophisticated buyers in a given area probably aren't likely to be confused - Ex. sophistication: o Christmas v. Farmer's Almanac case: magazine purchasers 9 - Ex. no sophistication: o E. & J. Gallo Winery v. Consorzio del Gallo Nero: wine buyers List not exhaustive Come to be applied to assess all LOC inquiries, those involving dissimilar as well as same/similar goods * Professor thinks factors 5 and 6 are most critical - If you can establish factor 5, you've established more than a LOC Judge doesn't have to come down positive on every factor, and doesn't have to give them each equal weight B. Contributory Infringement: 2 kinds of 2ndary/indirect liability where someone can be held liable even if they aren't the ones committing the infringing act: 1) Contributory – person held accountable for the actions of another - Held liable by virtue of the relationship with the actual harm, either by enabling or benefiting from it o Hard Rock Café v. Concession Services: D had no affirmative duty to taken reasonable precautions against the sale of counterfeits, but rather is responsible for any harm done under Inwood Labs test if: 1) Manufacturer/distributor intentionally induces another to infringe a mark, or 2) If manufactuer/distributor continues to supply his product to someone he knows/has reason to know is engaging in infringement - Being willfully blind is equivalent to actual knowledge under the LA o Person must suspect wrongdoing and deliberately fail to investigate - "Reason to know" requires an understanding of a reasonably prudent person o In contrast, R. 3rd of Unfair Comp. would hold actor liable for failing to take reasonable precautions against the occurrence of a 3rd person's infringing conduct in circs. where it can reasonably be anticipated - Seems more logical than Hard Rock position 2) Vicarious – arises from torts respondeat superior doctrine, where superior is held liable for the acts of the subordinate - Superior/individual owner held liable by virtue of his relationship with actor/corp. o Actors act itself is considered that of the superior - Generally established where superior has the right, duty, or ability to control the actor C. Incontestability and Related Stat. Defenses: Delineated defenses in addition to genericism, abandonment, and absence of LOC 1. Incontestability: LA §15 – mark becomes incontestable if it has been in continuous use for 5 years subsequent to the date or reg., and is still in use - Provided that: 1) There has been no final decision adverse to reg.'s claim of ownership, 2) There is no proceeding involving said rights pending in PTO or court and not finally disposed of, 3) Affidavit is filed with Commissioner within 1 year after expiration of any 5-year period setting forth goods/services and that it is still used in commerce, and 1) and 2) above, and 4) No incontestable right shall be acquired in a mark which is the generic name - Can always challenge mark this way Provides conclusive evidence of the reg.'s exclusive right to use the reg. mark - Park N' Fly v. Dollar Park and Fly: o LA doesn't distinguish between reg.'s offensive and defensive use of an incontestable mark o Can't challenge validity of an incontestable descriptive marks as merely descriptive - However, incontestability isn't everything as ct. would still have to go through Polaroid factors to determine if someone else's use of mark creates a LOC 10 o The more descriptive a mark, the less strong it is, and thus the less chance of a LOC - Prior to 5 year pd., such challenges can be brought 2. Stat. Defenses Against Incontestability: §33 defenses to reg.'s claiming the incontestable status of their mark: 1) Fraudulent acquisition of reg./incontestable right – can always challenge reg. this way - Construed to encompass only deliberate falsehoods intended to deceive PTO - Rarely proven, and even if it is, owner retains his common law rights in mark and can use them to enjoin activity 2) Abandonment – includes and uncontrolled licensing 3) Use of mark to misrepresent source 4) Fair use – use of mark in a descriptive sense other than as a trademark identifying source - Unlike other defenses concerning nature of mark or owner's use of it, focus here on party's use - D's burden to establish fair use after P proves burden of a LOC o D doesn't have to disprove a LOC - Decisions hard to rationalize and reconcile, and basically have to reduce ads to the lowest common denominator of acceptable activity in cir. you're in - Ex. fair use: o Life Savers' Delites ad "25% lower in calories than Werther's Original Candy" o US Shoes v. Brown Group: body copy of D's ad states "and when we say it feels like a sneaker, we're not just stringing you along" when NaturalSport logo identifies ad's source, compared with slogan "Looks like a pump, feels like a sneaker" that P spent $9 million advertising - Descriptive advertising claiming a product's virtues is likely to be understood as such rather than as a source identifier - If D had used this phrase in the headline or bolded it in the body copy, P's case would have been a lot stronger and it would have been much easier to prove LOC 5) Limited area/territory – see concurrent use - Like fair use and unlike other defenses concerning nature of mark or owner's use of it, focus on party's use here 6) Prior reg. by D – where alleged infringer reg. and used mark prior to reg. of P and didn't abandon it, senior reg. may continue to use mark, but only within area where it was used prior to junior user's reg. - Useful only in situations where 2 marks that weren't confusingly similar when reg. became such - Seems peculiar to limit senior reg. at behest of junior reg. 7) Use of mark to violate anti-trust laws – rarely successful 8) Equitably principles – includes laches, estoppel, acquiescence 9) Functionality Since these are affirmative defenses, burden is on alleged infringer to plead and prove them If established, D's use is permissible and P will lose infringement action Other Rights Against Unfair Competition A. False Designation of Origin: * LA §43(a)(1)(A)/15 U.S.C. §1125 – most often used, as this protects against infringement as well as everything in this section (focus here) - Liable for false designation or origin, false description, or dilution where a person: 1) On or in connection with goods/services or their containers (see above) 2) Uses in commerce (see above) 3) Any word, term, name, symbol, or device, or any combination thereof, or any false designation or origin, false or misleading description/representation of fact, which creates a LOC in: a) Source/origin cause of action – most often when the products are similar/compete 11 - Passing/palming off – when producer misrepresents his own goods/services as someone else's - Reverse passing/palming off – when producer misrepresents another's goods/services as his o Dastar Corp. v. Twentieth Century Fox.: videos based on Eisenhower WWII book - Eliminates false attribution cause of action under the LA o LA prohibition against reverse palming off is trumped by fact that once a copyrighted work/patented invention passes into the public domain, anyone can do anything they want with it with or without attribution to the author o "Origin" refers to origin of physical goods (producer here) rather than the intangible ideas contained therein (Eisenhower, of Fox's Film series here) b) Sponsorship/connection cause of action - Types: o Affiliation \ o Endorsement most often when products aren't similar/don't compete o Association / - Ex.: handyman familiar with Yale locks might think a Yale flashlight is from the same co. - Consumers don't have standing to file suit because they can't prove irreparable injury o Reference to "likely to be damaged" in the last sentence basically applies only to a competitor Still use LOC factors, as with infringement causes of action B. Dilution: LA §43(c)(1): owner entitled to injunction, "subject to principles of equity and upon terms ct. deems reasonable" Fed. stat. closely mirrors state stats. (cases discussed here), but has 1 impt. diff. with some: - LA: limits this extra layer of protection only for famous marks – those generally recognizable by the public such that if it was used, everyone would think that co. was affiliated with the mark's owner o Thus, very small # of mark qualify (McDonald's, Nike) - States: some limit only to famous marks, but not all o However, in all states, mark must at least have a distinctive quality capable of dilution Dilution – an infection which, if allowed to spread, will inevitably destroy the advertising value of a mark - Burden of proof: o Trademark Dilution Revision Act (signed in 10/06) sets forth a "likelihood of dilution" standard like that already used in state stats. - Overruled Moseley v. V Secret Catalogue (Sup. Ct.), which required actual dilution o Irreparable injury still must be shown, but damages from dilution will almost always be - Cause of action almost NEVER deals with competing products - Not a product of common law, and not motivated by an interest in protecting consumers 2 branches of dilution: 1) Blurring – ct. asks whether or not the strength of the mark will be gradually worn away - Ex. blurring: o Instead of thinking of Tiffany's (jewelry), several other Tiffany's restaurants, stores, etc. are around and soon you don't even associate the name with the original jewelry store o Ringling Bros. v. Celozzi Chevrolet: dealership signs that said in big bold, red circus-style letters "The Greatest Used Car Show on Earth" diluted P's mark "The Greatest Show on Earth" - Case turned in large part on deceptively similar letter shapes and color - Ex. not blurring: o Mead Data Central (LexisNexis) v. Toyota (Lexus): - Distinctiveness of Lexis mark is limited to atty/accountant market and has very little selling power outside this niche - Further there is little likelihood of blurring dilution even in Lexis' niche market because it is sophisticated 12 2) Tarnishment – associates mark with shoddy quality or something unpleasant/unsavory (disparagement) - Usually found where mark is depicted in the context of sex, obscenity, or illegal activity o Ex.: Coca-Cola with cocaine - Dichotomy doesn't represent the full range of uses that can dilute a mark: o Deere & Co. v. MTD Products: proscribes alterations to a mark by a competitor - Not a restriction on truthful advertising, as D remains free to deliver its message of product superiority without altering and therefore diluting P's mark - Prof. thinks this is a tarnishment case C. Comparative and False Advertising: Comparative advertising: - Now viewed by FTC and in general as a benefit to consumers - Smith v. Chanel: advertiser identify the unpatented, trademarked product copied as long as it doesn't mislead/create a LOC as to source/sponsorship of the advertiser's product o Rests upon 1) premise that the only legally relevant fcn. of a trademark is to impart info. about the source/sponsorship of a product and 2) public policy of favoring a free, competitive economy False advertising:: - MUST induce consumers to buy the product - Looks at actual claims made as well as those made by necessary implication – considering ad. in its entirety, claims the audience would recognize as readily as if it had been explicitly stated o Excludes puffery – exaggerated advertising, blustering, or boasting upon which no reasonable buyer would rely - Specific and measurable statements aren't puffery - Ex.: something subjective like "Nothing tastes better" - 2 types of claims: 1) Explicit/literal – only burden is to show claim is false - The greater the degree to which a message relies upon the viewer/consumer to integrate its components and draw the apparent conclusion, the less likely is the finding of literal falsity - Ex: o Coca-Cola Co. v. Tropicana Prods.: Olympian Jenner squeezing an orange while saying "It's pure, pasteurized juice as it comes from the orange" when the juice isn't fresh, but rather subject to heating and cooling like all other brands o Clorox, Puerto Rico v. Proctor & Gamble: name "Ace with whitener," original ad "Whiter is not possible," modified ad "Compare with your detergent…whiter is not possible," and promotional ads with these statements 2) Implicit – burden is showing claim is false and also that it was misleading/confusing at least to some consumers, as evidenced by public reaction in surveys - Ex.: everything above in Clorox, except name of detergent D. Attribution and Common Law Right of Publicity: The stat. right of a famous person to use their own name, nickname, look-alike, characters he/she dev., etc. commercially, and to prevent others from doing so without getting approval - Similar to initial interest confusion, reminding you of a famous person when it isn't that person - Usually involves pictures - Must be able to identify person o Nascar driver in his car wearing a helmet is readily identifiable by the look of ads. and # on the car - Descendible right given to the famous person's heirs in most states, regardless of whether right was commercially exploited during the person's lifetime o Right extends for 70 years after person's death in CA (longest pd. is 100) o However, England and NY, there is no right of publicity after the person dies o MD doesn't even have a stat. at all 13 - Ex. of impermissible use: "Humphrey Bogart wears khakis" - Ex. of permissible use: images of actors who played Tarzan since they didn't develop the character o Several actors have played these characters, not just 1 person Incidental usage exception: - Ex.: woman who had her photo taken by a newspaper at a public festival didn't have a cause of action for that activity alone o No cause of action exists for using a photo taken in a public place in the news media o After the paper subsequently republished the photo to sell subscriptions, she did have a cause of action and won Cts. have split as to whether famous people have rights in their persona as well as right of publicity - Cases granting right: o Allen v. National Video: look-alike D enjoined from doing ads that create a likelihood that a reasonable person might believe P has approved of his appearance (sponsorship, rather than source infringement under LA) - Requirement may be satisfied either by ceasing work as a look-alike or by refusing to work with advertisers unless they make it completely clear that P has nothing to do with the project o Can do with a bold disclaimer, but cts. don't like these since they cause confusion o White v. Samsung: no right of publicity invoked because "likeness" in CA stat. refers to a visual image, not a vocal imitation (Midler) or an ad depicting a robot like P turning letters on game-board - However, LA provides a remedy, since it extends to appropriations other than P's identity - Dissent: maj. opinion is a classic case of overprotection since it is now a tort for advertisers to even remind the public of a celebrity 1. Publicity and 1st A. Free Speech: PR campaigns are protected free speech Parks v. LaFace Records: cited Rogers communicative message test for balancing Ds' and public interest in 1st A. free expression against P's and public's interest in enforcement of LA - There is no LA violation: 1) Artistic relevance prong – if there is an artistic rel. between the title and the underlying work 2) Misleading prong – unless the title explicitly misleads as to the source/content of the work - Cardtoons, L.C. v. Major League Baseball Players Ass'n (MLBPA – unusual case): P's 1st A. rights to make parody baseball cards outweigh D's right of publicity o 1st A: Since celebrities are an impt. part of our public vocabulary, a parody doesn't merely lampoon the celebrity, but exposes the weaknesses of the idea/value he symbolizes (here, how sport turns sports heroes into personifications of avarice) o Right of publicity: - Economic: providing an incentive for creativity/achievement more strained here because abolition of the right leaves celebrities entirely unimpaired in their ability to earn a living (inconsequential inducement), unlike with other forms of IP where copyrights protect someone's only source of income - Non-economic: prevention of unjust enrichment not really applicable since P is adding a sign. creative component of its own to celebrity identity to make an entirely new product o Further, not meant to protect against star's emotional distress Lawful Uses and Defenses A. Referential/Nominative Use: Like fair use because trademark is used descriptively instead of as identifying source, but here mark is used to refer to the mark itself rather than D using P's mark to describe his product - New Kids test – entitled to defense if: 1) Product/service is not readily identifiable without use of mark 14 2) Only so much of mark is used as reasonably necessary to identify product/service 3) User did nothing that would suggest sponsorship or endorsement by trademark holder (creates LOC) - Product placement advertising big here, as it has become so well-known that viewers assume co. paid to get sign/product shown - Ex. no referential/nominative use: o Jello, Scotch tape, or Kleenex, since gelatin, cellophane tape, and facial tissue are equally informative non-trademark words describing the products o Tommy LaSorta saying "hall of fame" at least 15 times in a 1 minute commercial o Website metatags might fail 2nd if they listed trademark so repeatedly that site comes up in searches before site for the actual mark - Ex. referential/nominative use: o Chicago Bulls instead of "the 2-time world champions" or "professional Bball team from Chicago" o Jimmy Johnson saying "I'll send you to the SuperBowl" o New Kids on the Block v. News America Publishing: 2nd prong met because newspapers didn't use logo or anything else not needed - Defense available even though papers made $ off polls and thus directly competed with P's own 800# fees because P can't channel fans' $ only to their authorized/licensed items o Playboy Enterprises v. Terri Welles (1981 PMOY): no infringement or dilution for website heading, banned ads, and metatags since all 3 prongs above are met, but wallpaper fails 1st - Heading and ads satisfy 2nd prong because they don't use P's distinctive font or symbols - Wallpaper fails 1st because it doesn't describe D (name or likeness don't appear before or after it) B. Trademarks as Products/Promotional Goods = NO DEFENSE: No defense because when D profits from and intentionally uses another's mark as a means of establishing a link in consumers' minds with the other's enterprise, there is a sponsorship LOC - Ex.: o Boston Professional Hockey Ass'n v. Dallas Cap & Emblem: public bought patches/emblems of some of P's teams precisely because they bore identifiable marks of the teams o Boston Athletic Ass'n v. Sullivan: public bought shirts precisely because D referred to P's sponsored marathon on them - P has to prove that D is trading on P's mark and goodwill, but doesn't have to prove that public will actually conclude that D's product was officially sponsored by marathon's sponsor C. Parody and Satire: Parody – an act that makes fun of the original - Type of fair use - Keystone = imitation o To be successful, must convey 1) that it is the original, and 2) that it isn't the original and is a parody instead o Really only possible for strong marks - Protected even if in poor taste under 1st A. until it causes confusion because: o There is no other way to poke fun at the product other than mentioning it, and o Sign. social benefits in criticism and in creating transforming works - More risk of confusion tolerated for parodies since mark holder seeks to restrict artistic expression, but protection stops when it does cause confusion (i.e. – only conveying 1 above) - Ex. parody defense: o Cliffs Notes v. Bantam Doubleday Publishing: though D calls its product a satire, this parody (poking fun at Cliffs Notes, not at the books) doesn't create confusion because there are dissimilar on cover in wording ("satire" used repeatedly), colors, picture, price, disclaimer, etc. 15 o Mattel v. MCA: "Barbie Girl" song by Aqua pokes fun at doll itself and shallow, plastic values she has come to represent, but group wished and took steps to avoid confusion (disclaimer, refrained from using tie-ins with Mattel to market CD) - Ex. no parody at all: o PETA v. Doughney: D makes fun of PETA name only with peta.com (People Eating Tasty Animals), not any of their beliefs Satire – something that uses the original to make fun of something else - NOT protected under 1st A. because there are other ways to poke fun at something without using the mark, BUT would still be OK if it creates no LOC - Ex. satire and a LOC, so not a defense: o Mutual of Omaha Ins. v. Novak: confusion found from dubious survey question that 10% believe P "goes along" with D's Mutant of Omaha – Nuclear Holocaust Ins. pictures - Remedy fashioned as narrowly as possible, telling D that he can express his views, just not with P's marks o Michelob Oily ad. caused confusion that Michelob actually sponsored ad (Prof. finds questionable) - Ex. satire and no LOC, so use still OK: o NY mag.'s Christmas Gifts Almanac patterned after Old Farmer's Almanac presents no LOC, as D uses cover as a joke while P as a source identifier, markets are quite diff. though both are mags., D used cover in good faith as park of joking commentary, and mag. purchasers are sophisticated D. 1st A. Free Speech: D's use entitled to 1st A. protection when use is part of a communicative message, but not when it identifies source - Ex. source identifier and not protected: o MGM-Pathe Communications v. Pink Panther Patrol: use of Pink Panther name for gay rights activist group enjoined because of balance of hardships favoring P (D doesn't need name to carry out mission, whereas if they do use name, it could cause P considerable irreparable harm from LOC), but paw print not enjoined since LOC diminishes after D ceases use of name o Planned Parenthood v. Bucci: D's, an anti-abortion activist, plannedparenthood.com website and "Welcome to PP Home Page" intentionally identify source rather than communicate message - Also fails under Rogers communicative message test for titles, since D used title to attract users by explicitly misleading them as to site's source or content Remedies Rationales: 1) Unjust enrichment 2) Deterrence 3) Compensation Extraordinary remedies available: 1) Injunction (equitable) - Probably the only relief that will be awarded, if any (often, the end of the case) - Types: o TRO – issued for only 10-12 days, and can be extended for 20 (or longer if parties consent) o Temporary/preliminary o Permanent – only issued after litigation on the merits - Must show irreparable harm, no adequate monetary remedy, and LOC, but NOT that damage has actually occurred - Relief is no broader than necessary to cure effects of harm 16 o However, ct. has great flexibility in structuring relief – can enjoin something, require D to take affirmative steps to distinguish products, order corrective advertising, require notices to dealers, product recalls, contempt, seizure of counterfeit goods, etc. - Supposedly purely remedial, and NOT punitive - Elements cts. consider: 1) Probability of success on merits 2) Irreparable injury – generally presumed 3) Preserve status quo 4) Balance of hardships – critical issue in 4th Cir. in granting/denying a TRO - Injunction against a small bus. might cause it to go under, whereas a $2 billion co. can handle the injury and recover later 5) Public interest served – always interest in not having consumers deceived 2) Monetary damages – very hard to get, and very subjective and unpredictable - Types: o D's profit – must show products compete or that D took sales away from P - Requirement loosened if D acted fraudulently or palmed off inferior goods o P's losses – must be supported by proof of amt. and that D caused the harm o Attorney's fees and costs - Damages trebled in some circs. (3x the sum of 3 types above, but can't exceed 3x actual damages) - Parties must usually be competitors o Since dilution rarely involves competitors, implies that would be hared to get $ damages for that cause of action (would be hard to prove amt. of D's profits and P's losses) - Cts. look for: 1) Willful/deliberate/knowing infringement MUST be found - 5th Cir. factors finding intentional infringement: a) Intent to confuse b) Diversion of sales c) Other remedies adequate d) Unreasonable delay – can't wait until D makes a profit to sue just to get $ damages - Ex. unreasonably delay: P knew and let D sell counterfeit pocketbooks for 2 years, D sold bus., and when D started making a large profit, P sued e) Public interest in making misconduct unprofitable f) Palming off 2) Losses suffered – must be provable - Ex. provable: Hilfiger gets profits made from sale of counterfeit shirts - Ex. not provable: can't get foregone profits he would have made if customers buying $12 counterfeit shirts had instead bought his $44 shirts because he can't prove they would have bought the much more expensive version 3) Proof of actual confusion 4) D's profits 3) Punitive damages – not allowed under LA §35 - However, cts. often discuss deterrence, so there seems to be a contradiction 17
Pages to are hidden for
"Trademarks and Unfair Competition Outline"Please download to view full document


text:
Ghana's mixed fortune as a dumping ground for e-waste
Who is to blame for the rise of ISIL?
09 Mar 2011 21:48 GMT | Politics, Business & Economy, Africa, Libya
" />
Libyan oil output is down by more than two-thirds amid the uprising against the government, which began nearly a month ago, the head of the National Oil Corporation has said.
"Of course, the production is down drastically, or it is only half a million barrels a day down from 1.6 million a day," Shukri Ghanem, CEO of the state-owned firm, said on Wednesday.
Heavy fighting in the central section of the Mediterranean coast has left a string of key oil pipelines and installations in flames.
On Wednesday plumes of black smoke filled the air after fighting between rebels and forces loyal to Libyan leader Muammar Gaddafi set two oil installations ablaze in the central port city of Ras Lanuf and neighbouring Sidhra, inflicting yet more damage on Libya's crippled energy industry.
Mustafa Gheriani, an opposition spokesman, said the government artillery hit a pipeline supplying Sidhra from oil fields in the desert. An oil storage depot also was hit, apparently by an airstrike, he said.
Gheriani accused Gaddafi forces of intentionally targeting oil facilities as a warning to Europe that the chaos in Libya will hurt oil supplies.
"Gaddafi thinks he can put pressure on Europe, but I think this is just going to work against him,'' Gheriani told AP news agency.
Oil prices escalate
Brent crude oil prices rose 2.55 per cent on Wednesday as escalating fighting in Libya continued to affect the OPEC-member country's oil infrastructure.
Other OPEC members say they are ready to make up the Libya fall but a Libyan oil official said they have shown no sign of doing so yet.
For the past week, government forces and rebels have been battling around several key oil ports east -Brega, Ras Lanuf and Sidhra.
At their peak, those three export terminals handled about 715,000 barrels of crude per day, or roughly 45 per cent of the country's exports, according to figures published in industry publication Africa Energy.
A fourth eastern port, Marsa al-Harigah, handled another 220,000 barrels per day.
In total, those four ports would then account for almost 60 per cent of the country's crude exports.
Source: Al Jazeera and agencies
As the uprising in Libya continues, we update you with the latest developments from our correspondents, news agencies and citizens across the globe.
Rising oil prices following turmoil in Libya leads consumers to seek alternative sources.
Business & Economy, Europe, Libya, Russia
Content on this website is for general information purposes only. Your comments
are provided by your own free will and you take sole responsibility for any direct
or indirect liability. You hereby provide us with an irrevocable, unlimited, and
global license for no consideration to use, reuse, delete or publish comments, in
accordance with Community Rules & Guidelines and Terms and Conditions.
Relatives of inmates killed while in police custody demand justice and investigation into the deaths.
Asia, India, Human Rights
Migrants from Calais refugee camp risk their lives in continuous attempts to cross into UK under the English Channel.
Europe, France, Refugees
A year after truce collapses El Salvador gangs seek new path to engage government in another truce process.
Poverty & Development, Latin America, El Salvador
Cuba offers free sex change surgeries and government-sanctioned Pride marches, but activists say more change is needed.
Human Rights, Cuba, Fidel Castro
Backed by Arab coalition assault, forces fighting with loyalists of exiled President Hadi take back al-Anad in Lahej.
War & Conflict, Middle East, Yemen, Houthis
More than 2,000 believed to have died so far this year trying to make the desperate journey for a better life in Europe.
Human Rights, Immigration, Europe
How nurturing chickens is helping elderly communities combat loneliness and associated mental health problems.
Health, Europe, United Kingdom
Travelling from village to village in northern Argentina, one man works to find lasting solutions to endemic problems.
Business & Economy, Environment, Latin America
A four-part series that reveals how a secret pact formed a cartel that controls the world's oil.
Business & Economy, Middle East, Iran
After days on a crowded boat crossing the Mediterranean, one Syrian refugee family strives for a new future in Austria.
War & Conflict, Syria, Immigration

subset: commoncrawl


text:
What are the advantages of non-static class over static class?
static class need not be instanciated. so we can directly use
ClassName.MemberName, so then whats the use of nonstatic class
A static class is basically the same as a non-static class, but there is one difference: a static class cannot be instantiated. In other words, you cannot use the new keyword to create a variable of the class type. Because there is no instance variable, you access the members of a static class by using the class name itself
A static class has only one instance of the class itself so you cannot create multiple instance of a static class.
looking at your question you cannot set two different values to the below property if the class is static because there will be only one instance of
more info at
What happens when you want to have a second instance of your class?
Say you need to store information and operations that encapsulate an employee.
Now, lets say your program needs to compare two Employees at the same time?
Exactly! With a non static employee class you can instantiate two (or more) instances of the Employee class, each of these objects represents a different Employee.
You could not do this of Employee was static.
Think of a class as a building blueprint and instances of that class (objects) as buildings built according to the design in the blueprint.
Given one blueprint, you can create many buildings. Each of these buildings has the same structure, but each is independent - one could have its door open while another has its door closed.
A static class is like a blueprint that can never be used to build any houses. You can still do things like tear it up or spill coffee on it, but you could never open the door on the blueprint since it doesn't have an actual door, only the design for a door.
Another way of describing this situation is by considering 'state'. A building (object) has some state (e.g. whether the door is open or not) and the state of each building can be different (e.g. whether it's own door is open). A blueprint (class) can also have (static) state (e.g. whether coffee has been spilled on it or not) but this is different and separate to the state associated with the buildings built according to the blueprint.
In the example above, lines 1, 2, and 3 would not be possible if
A static class cannot be instanced(technically it is, but only once), and the static constructor is "usually" called on the first access to the class, which can be difficult to track and coordinate. Static classes are good if you want one class that just gathers some utility methods. Math in the .net framework is a good example. Also they are usefull for extension methods. Besides that i don't use them.
If you need a single instance, and don't want to be bound to the constraints a static class has, the Singleton pattern is very useful. A nice article about the difference between Singletons and static classes.
And of course, a non static class must be instanced, stored in a variable and can be instanced multiple times.
A static class, just helper methods for loading a file:
a Singleton that is the main point to create textures.
an actual texture, which i might have many of in my application.
An advantage of non-static class is that static classes are horrible to unit test - they can't easily be mocked, and they don't support interfaces.


text:
|By PR Newswire
Article Rating:
|September 3, 2014 07:15 AM EDT
CARNEGIE, Pa., Sept. 3, 2014 /PRNewswire-USNewswire/ -- One of the region's most unique events, The Salvation Army's Most Amazing Race, takes place on Saturday, September 20th, beginning at South Shore Riverfront Park in Pittsburgh. Teams of two compete to reach the finish line with no idea where the race course will take them. The event begins with participants receiving a clue to a challenge. Upon successful completion of that challenge, they will receive the clue to their next challenge location. This continues, with anywhere from 12 to 16 challenges to find and complete, ranging from physical challenges (rock climbing, obstacle course completion) to mental tasks (puzzle solving, acting, singing) to crazy feats (eating contests and the like).
Winners of the race are generously rewarded with cash prizes. First place wins $3,000, sponsored by PNC Bank. Second place is $1,500; and third, $500. The Top Five Fundraising Teams earn fantastic prize packages valued at between over $5,000 to over $500. Generous sponsors make it all possible. Mattress Firm has stepped up to the plate by donating two complete sets of queen size bedding as well as Mattress Firm Cash to thank those who work hard at raising funds for The Salvation Army. In addition, Mattress Firm will be donating mattresses for victims of fires or floods and pillows for residents of The Salvation Army's Family Caring Center Shelter. Other top sponsors include Challenge Sponsors Home Depot, The Soffer Organization, SouthSide Works, and MSA; Apparel Sponsor Walmart; and After-party sponsor Qdoba Mexican Grill. Others include numerous local businesses who are opening their doors as challenge locations as well as countless prize sponsors. Over 50 volunteers will also be on hand to help make sure the challenges are run efficiently and to celebrate with the participants at the after party at The Hyatt House Hotel.
Proceeds of The Most Amazing Race benefit The Salvation Army of Western Pennsylvania's youth programs for children throughout Allegheny County. Camping experiences, character building and recreational activities, homework help, feeding programs and more provide kids with the sense of hope they need for a brighter future. "More and more people turn to us for help each year," said Major Mark Mackneer, The Salvation Army's Allegheny County Coordinator. "Events like this one help us raise not only much-needed funds but also awareness for the valuable programs we provide," he added.
"Anyone can participate and be competitive in this event," stated Donna Fencik, Divisional Director of Fundraising for The Salvation Army and event coordinator. She continued: "Mental challenges level the playing field for those who might not be stellar athletes. Our past participants have ranged in age from 21 to 61, with the average age being 36. You don't have to be a marathon runner to be involved. It helps to be in good shape, but there are public transportation options available for those who can't run the entire course. We're very grateful for the cooperation of The City of Pittsburgh and The Allegheny County Port Authority." Teams must be register online at www.mostamazingrace.org and be qualified by raising at least $250 per team by midnight on September 12th. The top 50 fundraising teams will be accepted into the race.
Both a church and a social service organization, The Salvation Army began in London, England in 1865. Today, it provides critical services in 126 countries worldwide. The 28-county Western Pennsylvania Division serves thousands of needy families through a wide variety of support services. To learn more about The Salvation Army in Western Pennsylvania, log onto www.salvationarmy-wpa.org, twitter.com/SalArmyPGH or facebook.com/SalvationArmyWesternPA. The Salvation Army … Doing the most good . . . for the most people . . . in the most need.
Logo - http://photos.prnewswire.com/prnh/20110412/MM81995LOGO
SOURCE The Salvation Army Western Pennsylvania Division
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In his session at @ThingsExpo, James Kirkland, Red Hat's Chief Arch...
Jul. 30, 2015 07:30 PM EDT Reads: 1,379
For IoT to grow as quickly as analyst firms' project, a lot is going to fall on developers to quickly bring applications to market. But the lack of a standard development platform threatens to slow growth and make application development more time consuming and costly, much like we've seen in the mobile space. In his session at @ThingsExpo, Mike Weiner, Product Manager of the Omega DevCloud with KORE Telematics Inc., discussed the evolving requirements for developers as IoT matures and conducte...
Jul. 30, 2015 07:15 PM EDT Reads: 284
Providing the needed data for application development and testing is a huge headache for most organizations. The problems are often the same across companies - speed, quality, cost, and control. Provisioning data can take days or weeks, every time a refresh is required. Using dummy data leads to quality problems. Creating physical copies of large data sets and sending them to distributed teams of developers eats up expensive storage and bandwidth resources. And, all of these copies proliferating...
Jul. 30, 2015 06:30 PM EDT Reads: 877
Malicious agents are moving faster than the speed of business. Even more worrisome, most companies are relying on legacy approaches to security that are no longer capable of meeting current threats. In the modern cloud, threat diversity is rapidly expanding, necessitating more sophisticated security protocols than those used in the past or in desktop environments. Yet companies are falling for cloud security myths that were truths at one time but have evolved out of existence.
Jul. 30, 2015 06:00 PM EDT Reads: 1,795
Digital Transformation is the ultimate goal of cloud computing and related initiatives. The phrase is certainly not a precise one, and as subject to hand-waving and distortion as any high-falutin' terminology in the world of information technology. Yet it is an excellent choice of words to describe what enterprise IT—and by extension, organizations in general—should be working to achieve. Digital Transformation means: handling all the data types being found and created in the organizat...
Jul. 30, 2015 05:00 PM EDT Reads: 1,081
Public Cloud IaaS started its life in the developer and startup communities and has grown rapidly to a $20B+ industry, but it still pales in comparison to how much is spent worldwide on IT: $3.6 trillion. In fact, there are 8.6 million data centers worldwide, the reality is many small and medium sized business have server closets and colocation footprints filled with servers and storage gear. While on-premise environment virtualization may have peaked at 75%, the Public Cloud has lagged in adop...
Jul. 30, 2015 04:00 PM EDT Reads: 2,196
SYS-CON Events announced today that HPM Networks will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. For 20 years, HPM Networks has been integrating technology solutions that solve complex business challenges. HPM Networks has designed solutions for both SMB and enterprise customers throughout the San Francisco Bay Area.
Jul. 30, 2015 03:45 PM EDT Reads: 440
The time is ripe for high speed resilient software defined storage solutions with unlimited scalability. ISS has been working with the leading open source projects and developed a commercial high performance solution that is able to grow forever without performance limitations. In his session at Cloud Expo, Alex Gorbachev, President of Intelligent Systems Services Inc., shared foundation principles of Ceph architecture, as well as the design to deliver this storage to traditional SAN storage co...
Jul. 30, 2015 03:00 PM EDT Reads: 1,733
The Software Defined Data Center (SDDC), which enables organizations to seamlessly run in a hybrid cloud model (public + private cloud), is here to stay. IDC estimates that the software-defined networking market will be valued at $3.7 billion by 2016. Security is a key component and benefit of the SDDC, and offers an opportunity to build security 'from the ground up' and weave it into the environment from day one. In his session at 16th Cloud Expo, Reuven Harrison, CTO and Co-Founder of Tufin,...
Jul. 30, 2015 03:00 PM EDT Reads: 476
MuleSoft has announced the findings of its 2015 Connectivity Benchmark Report on the adoption and business impact of APIs. The findings suggest traditional businesses are quickly evolving into "composable enterprises" built out of hundreds of connected software services, applications and devices. Most are embracing the Internet of Things (IoT) and microservices technologies like Docker. A majority are integrating wearables, like smart watches, and more than half plan to generate revenue with ...
Jul. 30, 2015 02:30 PM EDT
The Cloud industry has moved from being more than just being able to provide infrastructure and management services on the Cloud. Enter a new era of Cloud computing where monetization's services through the Cloud are an essential piece of strategy to feed your organizations bottom-line, your revenue and Profitability. In their session at 16th Cloud Expo, Ermanno Bonifazi, CEO & Founder of Solgenia, and Ian Khan, Global Strategic Positioning & Brand Manager at Solgenia, discussed how to easily o...
Jul. 30, 2015 01:45 PM EDT Reads: 373
The Internet of Everything (IoE) brings together people, process, data and things to make networked connections more relevant and valuable than ever before – transforming information into knowledge and knowledge into wisdom. IoE creates new capabilities, richer experiences, and unprecedented opportunities to improve business and government operations, decision making and mission support capabilities.
Jul. 30, 2015 01:45 PM EDT Reads: 259
In their session at 17th Cloud Expo, Hal Schwartz, CEO of Secure Infrastructure & Services (SIAS), and Chuck Paolillo, CTO of Secure Infrastructure & Services (SIAS), provide a study of cloud adoption trends and the power and flexibility of IBM Power and Pureflex cloud solutions. In his role as CEO of Secure Infrastructure & Services (SIAS), Hal Schwartz provides leadership and direction for the company.
Jul. 30, 2015 01:30 PM EDT
Rapid innovation, changing business landscapes, and new IT demands force businesses to make changes quickly. The DevOps approach is a way to increase business agility through collaboration, communication, and integration across different teams in the IT organization. In his session at DevOps Summit, Chris Van Tuin, Chief Technologist for the Western US at Red Hat, will discuss: The acceleration of application delivery for the business with DevOps
Jul. 30, 2015 12:45 PM EDT Reads: 1,111
Growth hacking is common for startups to make unheard-of progress in building their business. Career Hacks can help Geek Girls and those who support them (yes, that's you too, Dad!) to excel in this typically male-dominated world. Get ready to learn the facts: Is there a bias against women in the tech / developer communities? Why are women 50% of the workforce, but hold only 24% of the STEM or IT positions? Some beginnings of what to do about it! In her Opening Keynote at 16th Cloud Expo, S...
Jul. 30, 2015 12:00 PM EDT Reads: 2,044


text:
Breakup songs that won't make you want to cry in bed forever.
This month's rowdy background images.
♥ For you ♥
Albums that kick up a fuss.
Plus new Charli XCX, Beetlejuice news, and geopolitical updates from all over.
Plus Cindy Sherman's wigs, Ferguson updates, and "Anaconda."
What the pop star keeps close to her heart.
Including a remembrance of Gabriel García Márquez, a new Charli XCX jam, a Peep exploding in a microwave, and more!
For when you want to shop from someone else's life.
It is a miracle, and we are crying.
Yoo-hoo! August's theme is GIVE AND TAKE, and we'd like to take into consideration whatever submissions you have to give about that! (Even/especially if they're as cheesy as we just were.) Send pitches to firstname.lastname@example.com. ✴
Rookie is a website for teenage girls. With monthly-themed content, we update three times every weekday, and once a day on weekends. Click here to find out where to send stuff you'd like us to see. Learn about the people who write this thing here.


text:
Discover a selection of top forums iphone gundam on the internet. Come to share your passion on forums iphone gundam and meet other fans of iphone gundam. Then, why don't you create your own forum of iphone gundam ?
Free forum : An RP forum built upon the combination of Gundam canon as shown in 'Gundam Dynasty Warrior 3/Gundam Musou 3'. Open to original ideas and content.
free, forum, #gundam, built, upon, combination, canon, shown, dynasty, warrior, musou, open, original, ideas, content, customize, writing
Gamevil's newest TCG style mobile online game.
spirit, stones, forum, gamevil, android, #iphone, mobile, online, game, stone, stones., forums
Taking place in the universal century, players shall take part in the federation-Zeon war, free to choose their own side. Who will you fight for?
#gundam, place, universal, century, players, federation-zeon, free, choose, fight, for?
Zeus player Corporation (corp) website for The Infinite Black (TIB) online MMO mobile game for iOS (iPhone/iPad) and Android. New player guide (Recruit) and recruitment.
infinite, black, zeus, forum, corporation, members, chat, corp, alliance, spellbook, games, mobile, gray, grey, server, application
This is a forum for the iPhone app: Chess Tactics - Free Strategy Trainer.https://itunes.apple.com/us/app/chess-tactics-free-strategy/id531275673?mt=8
chess, tactics, #iphone, free, strategy, trainer, https, //itunes, apple
Covering the newest iphone/ipod games with reviews, photos, and more. Get a look into todays hottest games and peek into the future games. Mingle with developers, get latest info, and conversate with fellow gamers.
game, reviewer, covering, newest, iphone/ipod, games, with, reviews, photos, more, look, into, todays, hottest, peek, future, mingle, developers, latest, info, conversate, fello


text:
1. Introduction (What Is Legend Tripping?). 2. What is a Legend? 3. Ghost Tripping. 4. UFO Tripping. 5. Crypto Tripping. 6. Ancient Mystery Tripping. 7. Urban Legend Tripping. 8. Investigation Techniques. 9. Interviewing the Witness. 10. Documenting Your Findings. 11. Appendix and Other Resources.
About the Author
Jeff Belanger is one of the most visible and prolific legend researchers today. He is the author of a dozen books on the paranormal (published in six languages) including the best sellers: The World's Most Haunted Places, Our Haunted Lives, Who's Haunting the White House, and Weird Massachusetts. He's the founder of Ghostvillage.com, the Web's most popular paranormal destination according to Google.com, and a noted speaker and media personality. He's also the host of the cable/Web talk show, 30 Odd Minutes. Belanger has written for newspapers like The Boston Globe, he is the series writer and researcher for Ghost Adventures on the Travel Channel, and he's been a guest on more than 200 radio and television programs including: The History Channel, The Travel Channel, Living TV (UK), The Maury Show, The CBS News Early Show, PBS, National Public Radio, The BBC, Australian Radio Network, and Coast to Coast AM. He's also the founder of LegendTripping.com, a site devoted to the pursuit of the unexplained. Visit his personal Web site at: www.jeffbelanger.com.


text:
Wuzhou Guest House
No prices found through our partners. Please contact the business directly or check some of our recommended alternatives.
How has this hotel rated in the past?
- Shuttle bus service
- Swimming pool
- Restaurant
- Room service
- Business Services
- Fitness/Health center
Travelers also recommend:
- More recommendations
TripAdvisor Reviews Wuzhou Guest House Shenzhen
Travel Blogs from Shenzhen
Hong Kong, a city of 7.2 million people
... often for six days a week/overtime to raise funds for healthcare as there is no welfare service. If you don't work, you don't eat or get health care. Factory workers live near their employment to keep costs down in government accommodation. In 2014 the unemployment rates as 3.4%. The number one industry in HK is textiles, jewellery is seventh. In 2008 many people were laid off and now people have to work harder for less money. Lots ...
... We hit Kowloon tonight and watched the 3D light show on the harbour. This was as Carl would say 'DECE'. I just wanted to take photo after photo. I need to remember to take in the moment rather than trying to get a photo (as Carl kept telling me!)
Hong Kong have started putting Christmas decs up and play music, this is quite strange when you're wearing shorts!!
Great time in Hong Kong so far.
L x
Day three
... Stanley Cave! The best bakery! The bread and dessert was unbelievable- I was not disappointed. I will go back to Stanley Markets for that cafe!!!
Langham hotel inspection- the hotel was almost booked out- so we did not get to see much. We did have dinner in the buffet restaurant- it was amazing. So many different kinda of food, fresh seafood, and dessert. They are amazing!!!
Now it's off to bed as I am ...
Disney Land
... from screaming she couldn't go twice but the men did it twice my Dad my brother and me. Next we went on the "Autopia" cars which was a 15min wait - that's how popular the cars are. I got to drive with my dad sitting next to me and Annabel driving with mum next to her and I was behind Annabel's messy driving but Ben was lucky. He got his own car to himself. He was in front of Annabel's messy driving so he got to go fast. After that we went on a "buzz lightyear" thing where you have ...
In Defense of the U.S. Pt. 2
... don't want to take that chance and use primarily white teachers.
Bear in mind that my experiences aren't everywhere. Like I said, places like Shenzhen are different from Chongqing, where people are literally scared of black people. Not, "maybe they'll steal from me" scared, either, more like "they have diseases and if they come near me I might die". Also, all the things I say are generalizations--they don't occur in all parts of China, and not all are ...


text:
I wanted to introduce myself to you before the new school begins.
All DRHS students currently on Open Enrollment will be required to complete an Open Enrollment Application for the 2015-2016
Dress code for DRHS
A new semester means new and exciting things for the Jag Den Spirit Store!
6:30 AM - 3:30 PM First Day of School
6:30 AM - 3:30 PM 2A/2B Schedule
6:00 PM - 7:30 PM Open House
6:30 AM - 1:30 PM Early Release


text:
Monday, July 27, 2015 at 11:01 PM Rally Day! This Sunday at 9:45! Peace! Love ! and Jesus ! Breakfast Provided! Read more
Sandra Braasch our Diaconal Minister is leading a bible study on the Gospel of MNatthew. The class meets at 9:45 and is held in the banner room.


text:
Re: Alternative approaches to Chronic progressive external ophthalmoplegia (CPEO)
Forum: Eyesight Forum
How can I view entire discussion thread on a single page?
Terms of Service - Privacy Policy - Spam Policy - Disclaimer - Guidelines & Rules
CureZone Newsletter is distributed in partnership with www.netatlantic.com
Contact Us - About - Advertise - Stats
Copyright 1999 - 2015 www.curezone.org
0.121 sec, (1)
Cure Type 2 Diabetes
Simple, 3-step natural approach heals diabetes within a month. ...
Clean Without The Detergent
Discover how you can wash your clothes without using any c...
Free Liver & Gallbladder
Health Test
Free Clark DVD!
Bestselling author Dr. Hulda Clark claims to have cured cancer
Heart Worms?
Hulda Clark Cleanses
High-Voltage Colloidal Silver
I finally found a colloidal silver made with high voltag...
Utopia Silver Supplements
Silver Bulletin e-News Magazine, What the Coming Food Colla...
Skin Disorder Cure
Cures all common skin disorders fast and safely with no side effect...
Destroy Parasites Quickly
Learn How to Destroy Parasites And Be Free of Your Unbearabl...
The Best Probiotic?
Can Royal Flora Help You? Find Out Here
How Would You Like
To Excel In Life Completely?
Natural Cancer Remedies
Detoxify and Cleanse Naturally
Drink ionized alkaline waters medically proven health b...
What Causes Depression?
You could immunize yourself against depression!
The Most Powerful Detox
The Best Detox Article Ever Written.
Best Candida Treatment?
Probiotics, prebiotics and enzymes.
Zeoco Detox Support
Zeolites for absorbing toxins as part of candida cleanse
Cancers Natural Enemy
The eBook about a proven natural remedy for cancer which has wo...
Lugols Iodine Free S&H
J.Crows® Lugols Iodine Solution. Restore lost reserves.
The Tesla Shield
Transformational Technology For Mind Body And Soul.
Feel Vibrant Again!
My skin glows with youth!
Your Ad Here


text:
Last minute rush for The Grand Budapest Hotel if you haven't seen it yet.
Hilarious ! A great way to end your week and start your weekend : )
And a Great Group of Cameos.
The Grand Budapest Hotel
Written and Directed by Wes Anderson
My second time for this wonderful and very funny story.
This movie has a high humor factor and comes with my famous money back guarantee. If you feel it's absolutely terrible give me your ticket stub and I will refund the cost of your ticket. Meet at Kochee Kabob 6.30 for a bite. Fresh and very good.
Kochee Kabob for fresh kabobs and salads. 6.30
University Town Center - Unit C195 around corner from movies
I decided to start Reno Motorcycle Riders Group because I wanted to be part of a group of people who enjoyed my passion... I was excited and nervous. Our group has grown by leaps and bounds. I never thought it would be this big.
— Henry, started Reno Motorcycle Riders
Meetup members, Log in
By clicking "Sign up" or "Sign up using Facebook", you confirm that you accept our Terms of Service & Privacy Policy


text:
The view from here
Facebook's New Buy Now Feature Could Mean Big E-Commerce Sales
Soon you will be able to click to buy on Facebook. Is your social media marketing plan and e-commerce site prepared?Keep Reading
5 Easy Mobile Marketing Steps for Better Results
Why is mobile marketing important? Here are 5 steps you should be taking to use the tactic to your advantage.Keep Reading
3 Search Marketing Changes You Need to Know
Search is on the brink of major change, and we have identified the 3 major reasons for the shift in landscape.Keep Reading
6 Effects of Social Media on SEO & Where to Integrate Efforts
Until now, social media has only been thought of as a place to engage audiences, but recent changes make social an irrefutable part of SEO.Keep Reading
5 Reasons Why Responsive Web Design is a Good Idea
Responsive design is not only changing how websites are designed, but also challenging even the most sacred of web design best practices.Keep Reading
BKV Takes Home Hermes Platinum Awards for Aflac, Dell SecureWorks and Decluttr Creative
For the second consecutive year, BKV has brought home the gold (more importantly the platinum) at the annual Hermes International Creative Competition!Keep Reading
How to Prepare for a Cross-Device Tracking Future: Part I
Learn how to prepare for a cross-device future to improve the effectiveness of your marketing efforts with our three part series.Keep Reading
3 Instagram Advertising Updates You Need to Know About
Here are the top three takeaways from Instagram's most recent announcement so you can begin putting these Instagram advertising capabilities to work for your brand.Keep Reading
5 Ways to Boost Productivity by "Playing Nice"
A career in project management can be both challenging and rewarding. Here are 5 ways to increase your team's productivity by ensuring everyone "plays nice."Keep Reading
3 Reasons Why Basecamp is The Best for Project Management
Learn how Basecamp helps organize, document, and hold teams accountable through the entire project cycle to ultimately deliver a successful project.Keep Reading


text:
Eagle Creek's Switchback™ 22 Luggage has removable/interchangeable Back-To-Back™ Straps for weight reduction and added volume. Durable and weather resistant, Switchback 22 consists of a spacious main bag and a fully-featured Zip-off backpack for the versatility to handle any day or overnight trip. Use as a rolling bag or backpack.
Zip your saddle into this Equine Couture™ Kelsey Saddle Bag to protect it in style for travel. The vibrant print outer resists water and stains and contrast straps with a soft fabric grip make carrying your saddle comfortable. This saddle bag is fully lined for added protection.
The Centaur® Embroidered Saddle Carry Bag holds a close contact or jumping saddle. The durable twill outer is diamond quilted and embellished with embroidery to delight the eye. This saddle bag has a full zipper for easy loading, nylon handles, a soft fleece lining to prevent scratches and extra thickness in the cantle area for added protection.
The Custom Fleece-Lined Pony Saddle Cover by Tally Ho has an elastic edge that lets it conform snugly to your saddle for protection. This pony saddle cover has a nylon exterior in your custom color and a black fleece lining. Select your cover and trim colors. Allow 4-6 weeks for delivery.
The Custom Double Tail Bag by Tally Ho holds one or two tail extensions and hangs easily anywhere. Tails secure inside with lobster clips. A protective flap prevents hairs from getting caught in the zipper. Allow 4-6 weeks for delivery.
The Kelsey Ladies' Belt from Equine Couture™ adds fun and casual style to breeches, shorts or jeans. Adjusts fully for the most comfortable fit. 1 1/2"W.
The Centaur® Embroidered Garment Bag keeps your show clothes neat and tidy. This zip-front garment bag has a diamond quilted cotton twill outer embellished with pretty embroidery. A top hook allows for convenient hanging anywhere from trailers to tack stalls.


text:
Mine would be:
Wiz Khalifa (Obviously)
Lil Wayne
Kanye West
Mac Miller
Drake sometimes
If this guy right here is producing a majority of the songs.
Drake misses something lately after
It's okay
Which one would you choose
Unnamed Album — Frank Ocean
Hy!£UN35 — Young Thug
SWISH — Kanye West
Hey guys, I have a question. Does anyone know who influenced GZA and DOOM?? I'm really determined to find
808s and Heartbreak
Life a bitch that'll fuck you if you let her
Better come better than better to be a competitor
this vet
people still liked lil waynes music
That everyone hates eminem
the idea of a classic mixtape existed
I posted a topic about setting something like this up in the editor forum and got a good amount of
I don't mean times when rappers get fans to design album covers, I mean when talented fuckers make
This is my first episode of the new "Fuck Wit" series, heavily inspired by the "Put Me On" series.
Who should be inducted into the Rap HOF? The rappers that get over 20 mentions and/or 50 upvotes when the
Words cannot describe how phenomenal of a duo Outkast is…certainly the best duo to ever grace the genre
Comment ya bitch
Drugs and alchol are bad.
You need Jesus.
@iRockRobFord pussy boyyyyy
Smh RG…. How much of a life do people have? Getting drunk then going on an online forum to tell people they're drunk. Don't you have friends to get drunk with and have a good night?
Holy fuck I said that shit on one ofor his threads you creeping me you niggger haaaaaaannnnn
I'm not that fucken drunk nigga if I was I'd tell my girl I'm cheating on her fine ass lololol
@Barrk you the real homie though bitch fuck the regulators you have more IQ than them bitch ass niggers you the RG GOD 1 position nigggaaa
@ItsG00BZ come out the closet brother we won't judge you we all love you we a family
Holy fuck I love you baby
Haha hahaha dumb ass thought this was FB messenger lolol
You pop a woody kakakakaka gayyy hahh
Goodnight post <3
Sleep on your side dumbass
Add an image, video, or tweet by pasting in the URL:
Add a link like this:
[Check out my fave website](http://genius.com)
Simple formatting:
*This text is in italics*
**This text is bold**
Show more formatting help (lists, blockquotes, etc)
[Genius](http://genius.com) is my favorite site, [Kanye West's "Power"](http://genius.com/kanye-west-power-lyrics) is my favorite song and [From whippin' the bacon rolls to outside whippin' the bacon Rolls](1256) is my favorite line
[[Kanye West]] auto-links his artist page
[[Scarface "My Block"]] auto-links to the song
Block quotes:
In ["Juicy"](/The-notorious-big-juicy-lyrics), Biggie says:
> It was all a dream
I used to read Word Up magazine
Salt'n'Pepa and Heavy D up in the limousine
Numbered lists:
1. List item 1
2. List item 2
3. List item 3
Bulleted lists:
- List item 1
- List item 2
- List item 3
Text size:
# Largest
## Large
### ...
Read the community guidelines


text:
FEATURE :Dont Miss: John Paul Ataker Sample Sale
Get insider information on the most-awaited evening wear sample sale.
FEATURE :How Much Do Prada Nylon Bags Cost?
And more importantly, are they worth it?
We take a closer look at entry-level Prada nylon bags and assess if theyre worth the money.
FEATURE :Foldable Prada Handbag for Travel
(Used as a Carry-on Purse)
Looking for a folding designer handbag for travel or carry-on use? We recommend this relatively affordable Prada.
FEATURE :The Loewe Puzzle Bag Prices, Availability, and Where to Buy It
The puzzle bag is sold out almost everywhere, but we managed to find out where you can still buy this coveted handbag by the Spanish luxury brand Loewe.
FEATURE :Shopping Profile: Teen Vogue Top Blogger Kaycee Dawson
A fashion merchandising student and top Teen Vogue blogger reveals her style secrets on a budget, and tells us how she scored a Tory Burch handbag (way) below retail.
FEATURE :Spot a Fake Prada (With Photos)
A visual guide to authenticating a Prada purse
Our Prada expert helps us emerge unscathed from a minefield of knockoffs, showing us detailed picture of the luxurious details that make a handbag authentic. Read on if you suspect that your bag (or your friend's) might be fake.
FEATURE :The Price of an Hermes Birkin
If you have to ask how much the Hermès Birkin is, you probably can't afford it…or can you? Our shopping detectives have summarized the ultimate price list so you can assess if you're ready to invest in this iconic handbag.
FEATURE :Expensive Shoes You Can Afford
Some designer shoes cost more than your monthly mortgage, but are they really worth it? We asked our style spies to walk in some expensive pairs for at least 6 months so we can tell you which styles you should invest in, and which ones you should ignore.
FEATURE :Louboutin vs Blahnik - Which are More Comfortable?
If you are spending hundreds of dollars on a pair of heels, you should be able to walk and stand in them for long periods of time. We have asked the experts to determine which designer shoes are most comfortable shoes for specific foot types. See which glass slippers fit you.
Jimmy ChooMulticolored Cannon Slip-On Sneakers - Printed Satin - Sale
$425.00(50% off)
Alexander McQueenRed Compact Jersey Dress - Viscose - Sale
$1071.00(40% off)
Moschino+ V&A Gold-Plated Set Of Two Knuckle Rings - Sale
$247.50(50% off)
Stuart WeitzmanChrome Glohotwire Metallic Evening Pump - Peep-Toe - Sale
$369.00(25.9% off)
VersaceLime & White Two Tone Duchesse Bomber Jacket - Satin - Sale
$2012.00(30.02% off)


text:
» News
Bangladesh government to introduce formalin control
Publication Date : 27-06-2014
The government is going to enact a formalin control law to check widespread use of the chemical solution across the country.
The commerce ministry has sent the draft of the law to the cabinet division for placing it at the next cabinet meeting on Monday.
A ministry official said the proposed law will empower deputy commissioners (DC) and upazila nirbahi officers (UNO) to monitor and control use of formalin.
Formalin is a clear, colourless solution of formaldehyde in water. Widespread use of formalin in preservation of fish, fruit and other food items is posing a serious threat to public health.
The chemical, usually used as a preservative for biological specimens, is now being used to preserve edible items.
As per a provision of the drafted law, taking licence from the commerce ministry for both import and use of formalin will be made mandatory, commerce secretary Mahbub Hossain told The Daily Star.
The importers and users will have to maintain ledgers to record the volume of import and usage of the chemical.
Apart from the DCs and UNOs, the Directorate of National Consumer Rights Protection (DNCRP) will also monitor the import and use of formalin. The DNCRP will open its branch in every district, added the secretary.
Once the law is ratified, related rules will be framed specifying the responsibilities of the officials and organisations involved in monitoring and controlling the import and use of the chemical.
Mahbub Hossain also said the definition of formalin will be elaborated in the proposed act, which will also cover formalin dehydrate, para-formalin dehydrate and some other solutions that can be converted into formalin.
Talking to this correspondent recently, Touhid Islam of Kalaroa upazila in Satkhira said a huge amount of quality mangoes are produced in the area. But after harvesting the fruit, traders take those to Kalaroa Bazar and use calcium carbide to ripen the fruit. Later, they treat the mangoes with formalin.
Prime Minister Sheikh Hasina on Wednesday told parliament that formalin control law is being formulated with provisions of tough punishment and hefty fines for production, import and sale of the chemical without valid licences.
The law will have provisions of a maximum punishment of life term and a minimum seven years' imprisonment, along with the highest fine of 2 million Bangladesh taka (US$25,710) for the offenders, she added.
» Other News
● MANILA: Marcos son ponders if it's a go in 2016
● TAIPEI: New Taipei to investigate corruption allegations in colour dust explosion
● BEIJING: Asean, China talk on East Sea
● KATHMANDU: Heads of Nepal constitutional bodies demand greater autonomy
● PESHAWAR: Pakistan health dept fears outbreak of diseases in flood-hit areas
● DHADING: Malnutrition stalks quake-hit Nepali kids
● BALIKPAPAN: Drought disrupts movement of staple foods in Indonesia
● BEIJING: China, Turkey vow to fight terrorism
● BEIJING: First rural doctors graduate in China
● TAIPEI: Diaoyutais belong to Taiwan, says DPP presidential candidate Tsai
● TOKYO: Japan gives up on retractable roof for 2020 Olympic stadium
● BANGKOK: Thai PM rejects idea to link TPP negotiation with human trafficking issue
● MUMBAI: India hangs man convicted of 1993 Mumbai bomb blasts
● PETALING JAYA: MH17: M'sia presents case for tribunal
● SINGAPORE: New video footage shows mall employees had close shave before China escalator tragedy
» Most Viewed
● SEOUL: Korea learns precious lessons from Mers
● TAIPEI: New Taipei to investigate corruption allegations in colour dust explosion
● BEIJING: Asean, China talk on East Sea
● PESHAWAR: Pakistan health dept fears outbreak of diseases in flood-hit areas
● BANGKOK: Thais warned to beware of new Copyright Act
● MANILA: Marcos son ponders if it's a go in 2016
● SHANGHAI: Equities bounce back on signs of stability in Chinese market
● MANILA: 'China dredging 10 reefs in disputed waters'
● BEIJING: China-Asean trade negotiations to be concluded by year-end
● SEOUL: Lotte founder descends after 67 years at helm
● BEIJING: First rural doctors graduate in China
● BALIKPAPAN: Drought disrupts movement of staple foods in Indonesia
● BEIJING: China, Turkey vow to fight terrorism
● SEOUL: Seoul to launch high-end taxi hailer
● KUALA LUMPUR: PM Najib 'admitted' to funds flow, claims ex-DPM Muhyiddin in video


text:
There are rabbinic voices who have sent the message that the messiah may choose to appear by stepping over the body of a murdered child.19:07 03.08.15 | 1 comments
...please provide us with the name of that study, and the name(s) of the authors. I do not believe that the Azkenazi are unrelated with the Jews of antiquity. If needed I can post names of a number of modern genetical studies to show you that