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We get results for our clients daily. We do not measure the accomplishment by the size of the defendant or the amount of the award. Every situation is as different as each client. Successfully counseling a client regarding its IP rights, procuring a patent, securing an important trademark registration here or abroad, successfully opposing a trademark registration or obtaining a settlement of a claim or lawsuit, all of these are part of the everyday fabric of a vital law firm. Some of the results we have obtained for our clients include:
Collen IP Prevails at Federal Circuit on Issue of First Impression
On June 4, 2015, the US Court of Appeals for the Federal Circuit issued a decision affirming Collen IP's earlier victory before the US Trademark Trial and Appeal Board. On behalf of its client, a famous Swiss watch manufacturer, Collen IP argued that the applicant, a watch manufacturer headquartered in New York, did not have a "bona fide intent" to use its iWATCH mark when it filed an application under Section 1(b) of the Trademark Act. The appeal provided the Federal Circuit with its first opportunity to consider whether an application can be challenged for lack of a bona fide intent. The Federal Circuit held that an applicant must show "objective evidence of intent" and "the circumstances must indicate that the applicant's intent to use the mark was firm and not merely intent to reserve a right in a mark." The appeal was argued by partner Jeffrey A. Lindenbaum.
Collen IP Argues Issue of First Impression at the Federal Circuit
December, 2014 - Partner Jeffrey A. Lindenbaum argued an appeal before the United States Court of Appeals for the Federal Circuit involving the proper standard for determining whether a party has a bona fide intent to use a mark at the time it files a Section 1(b) application. Collen IP had earlier prevailed at the Trademark Trial and Appeal Board when it successfully argued that a New York-based watch manufacturer did not establish it had a bona fide intent to use the trademark iWATCH. The watch manufacturer's appeal provided the Federal Circuit with an opportunity to consider, for the first time since the Lanham Act was amended in 1988, the proper standard for examining a party's bona fide intent.
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Collen IP Prevails at Trademark Trial and Appeal Board
October, 2014 - Following trial and final hearing, Collen IP prevailed at the Trademark Trial and Appeal and successfully opposed registration of the trademark SW:TCH. In its decision, the Board endorsed Collen IP's arguments that its client's mark was famous and entitled to a broad scope of protection. The Board concluded that the applicant's mark was likely to cause confusion, and sustained the Opposition under Section 2(d) of the Lanham Act. The case was litigated and argued by partner Jeffery A. Lindenbaum, with assistance from associate Kristen Mogavero.
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Collen IP Prevails on Appeal at Federal Circuit
On February 4, 2014, partner Jeffrey A. Lindenbaum successfully argued an appeal before the United States Court of Appeals for the Federal Circuit in Washington, D.C. Mr. Lindenbaum had prevailed at summary judgment in this patent infringement lawsuit before the United States District Court in Los Angeles, California. The District Court dismissed all claims against Collen IP's client, finding no infringement of the asserted patent. Mr. Lindenbaum also secured the extraordinary remedy of recovering our client's attorney's fees and costs, convincing the District Court that this was an "Exceptional Case." On February 7, 2014 the District Court's entry of summary judgment and its award of attorney's fees and costs were affirmed by the Federal Circuit.
The published decisions can be found at:
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Collen IP to Present Oral Arguments at the U.S. Court of Appeals for the Federal Circuit
October 4, 2012 -- The U.S. Court of Appeals for the Federal Circuit is traveling to Denver, Colorado to hear oral arguments as part of an annual road show. Partner Jeffrey Lindenbaum is on the docket to go before the panel of judges in one of four cases that will be heard at Sturm College of Law at the University of Denver. Mr. Lindenbaum will be arguing that the mark A BRAND NAME LAW FIRM is not merely descriptive because the mark creates a double entendre, for which the second meaning is suggestive.
Post-Suit Covenant Not to Sue divests court of subject matter jurisdiction under Declaratory Judgment Act
Plaintiff filed suit seeking a declaratory judgment that defendant Andy Warhol Foundation did not own a valid U.S. copyright in the design of a banana created by the artist Andy Warhol for the cover of record album. After suit was filed, the Warhol Foundation provided plaintiff with a broadly worded covenant not to sue plaintiff or plaintiff's licensees for infringement of the banana design. In granting the Warhol Foundation's motion to dismiss, the U.S. District Court for the Southern District of New York held that the covenant not to sue eliminated the existence of an actual, live controversy between the parties. Collen IP represents the Warhol Foundation.
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Omega v. Costco
Five months after the split decision by the United States Supreme Court affirmed the position argued by the Collen IP -directed legal team in favor of its client Omega, the case continues to attract attention. The presenters at the Fashion and Design Protection Seminar focused on the case, displaying it on a jumbo screen while discussing the issues and results. Not only were the case specifics prominently displayed, but Collen IP attorneys were sought out by other attorneys interested in adopting similar strategies for their clients.
The Supreme Court found that the first sale doctrine does not apply to goods manufactured and sold abroad, which allows U.S. copyright holders to maintain and enforce their rights in the U.S. to distribute and control the importation of works manufactured and sold abroad.
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Balenciaga v. Steve Madden
Another hot topic at the Fashion and Design Protection Seminar was Balenciaga v. Steve Madden, a Collen IP case that is currently pending in the Eastern District of New York. Balenciaga had created fancy and colorful shoes, playfully nicknamed LEGO shoes, which received a lot of attention and were worn by Beyonce during a televised performance. Soon after, Steve Madden came out with its Bukled shoe. Collen IP brought suit for copyright and trade dress infringement, claiming that Madden's shoes were knockoffs of Balenciaga's.
Collen IP is a premier intellectual property law firm that represents domestic and international clients, from multi-national luxury goods makers and entertainment industry leaders, to start-up technology ventures and local businesses.
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Affirmed: Supreme Court Upholds Limitation of U.S. First Sale Doctrine in Favor of Omega
November 2010 - The U.S. Supreme Court is being asked to decide whether to uphold the Ninth Circuit's decision that the first sale provision under 17 U.S.C. § 109 is inapplicable to copyrighted works that are manufactured and sold abroad in the context of a copyright infringement action under 17 U.S.C. § 602(a) for infringing importation. Read the full story at: http://www.collenip.com/costcoomega
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The oral arguments for Costco Wholesale Corp. v. Omega S.A. will be heard by the Supreme Court on November 8, 2010
November 2010 - The U.S. Supreme Court is being asked to decide whether to uphold the Ninth Circuit's decision that the first sale provision under 17 U.S.C. § 109 is inapplicable to copyrighted works that are manufactured and sold abroad in the context of a copyright infringement action under 17 U.S.C. § 602(a) for infringing importation. Read the fact sheet, history and case documents and more about Collen IP's activity in this historic matter: http://www.collenip.com/costcoomega
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Collen IP Obtains Permanent Injunction, Damages in Excess of $1 Million and Award of Attorney's Fees in Trademark Dispute
Collen IP filed suit in the Southern District of New York on behalf of its clients, Dutch manufacturers of fire suppression products, and owners of U.S. Trademark Registrations for the marks FIT and FIT5. The complaint alleged federal and common law claims of trademark infringement and unfair competition. On May 20, 2011, Judge Lawrence M. McKenna entered Judgment against the defendants and awarded Collen IP's client full recovery of its damages in the amount of approximately $1.3 million, as well as recovery of its attorney's fees and costs for the litigation. The Judgment found in favor of Collen IP's clients on all counts and permanently enjoined the defendants from future use of the FIT and FIT5 marks. The Judgment also: (1) dismissed all of the defendant's counterclaims; (2) directed dismissal of the defendant's cancellation actions at the Trademark Trial and Appeal Board challenging the FIT and FIT5 marks; and (3) directed cancellation of the defendant's FIRE INTERRUPTION TECHNOLOGY trademark.
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Collen IP Succeeds in Trademark Opposition - Securing Refusal of Registration of Confusingly Similar Mark
On behalf of its client, Morinaga & Co., Ltd., a Japanese manufacturer of candy and other food products, Collen IP commenced an Opposition at the Trademark Trial and Appeal Board against registration of the mark MYCHEW for candy. Collen IP argued that registration of MYCHEW for candy would be confusingly similar to Morinaga's registration of, and rights in, the mark HI-CHEW. Following trial and oral argument on the merits, the TTAB, on February 17, 2011 issued a ruling finding in favor of Collen IP's client and against registration of the confusingly similar MYCHEW mark. A copy of the decision can be found here.
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ABA Agrees to Settle COLLEN IP v. American Bar Association Trademark Infringement Lawsuit
September 12, 2008 – The American Bar Association agreed to settle a lawsuit in which COLLEN IP alleged that the ABA's Section of International Law, which had recently adopted a new logo, infringed upon COLLEN IP's federally registered trademark. In the case pending in federal court in Washington, D.C., COLLEN IP alleged that the Section's globe mark was likely to cause confusion, mistake and deception with COLLEN IP's distinctive logo, which has been used since 1998. In the settlement, the ABA has acknowledged the validity of COLLEN IP's trademark and registration, and agreed not to challenge or attack the registration. The ABA agreed that its use of COLLEN IP's globe logo will always be in conjunction with an ABA mark, according to the Association's Graphics Standards Manual. Further, the Chair of the Section of International Law has agreed to provide written assurances that the Section had no intention of applying to register the logo, and that the Section would remove from circulation those items which bear the logo without the ABA identifier, and that the Section will cooperate with COLLEN IP to address concerns which may arise in the future. As a result, COLLEN IP jointly agreed to, with the ABA, to dismiss the complaint with prejudice, and have done so through a stipulation, each side agrees to bear its own legal costs and fees.
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Collen IP Client Prevails in Case Which Brings Clarity to a Gray Market
On September 3, 2008, the United States Court of Appeals for the 9th Circuit held in favor of Collen IP's client, famous Swiss watch maker Omega SA, and against defendant Costco Wholesale Corp. The panel of three judges unanimously held that the first sale doctrine, under section 109 of the Copyright Act, provides no defense to copyright infringement and unlawful importation claims, such as that against Costco, where the copies at issue were manufactured and sold outside the United States and then imported into the United States without the copyright owner's authorization. See published decision at: Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008);.
The Omega Globe Design is copyright protected artwork, created for hire and owned by Omega SA, and registered with the United
States Copyright Office. The design was engraved into the Omega brand watches, at issue in this case, at the time of manufacture
by Omega in Switzerland. The watches were sold and distributed by Omega outside the United States only, in places such as
Paraguay, Turkey, and Egypt, and not intended for importation and resale in the United States. The copies at issue were imported into the United States without Omega's authorization by Costco's supplier and then distributed by Costco at
its warehouse clubs.
Since the copies at issue were not manufactured, sold or imported into the United States under Omega's authority, Omega sued Costco claiming copyright infringement and unlawful importation of its copyrighted works. Costco had claimed that a 1998 U.S.
Supreme Court case "effectively overruled" Ninth Circuit precedent, and changed the law in its favor. But, no court anywhere in the United States having analyzed similar facts had ever ruled in the way stated by Costco in the 10 years since the Ninth Circuit's decision. In essence, Costco alleged, the first sale defense was applicable if the copyright owner had manufactured and sold the copies at issue anywhere in the world, not just the United States. The Ninth Circuit held Costco's interpretation to be incorrect and affirmed its longstanding precedent.
The panel of judges also found no genuine dispute that Omega made the copies at issue of the Omega Globe Design in Switzerland,
and that Costco sold them in the United States without Omega's authority. Accordingly, the Ninth Circuit held, the first sale
doctrine is unavailable as a defense to Omega's claims for infringement.
Among the cases cited by the Ninth Circuit in support of its ruling in Omega's favor, are prior cases in which Collen IP has successfully enforced its clients' rights against gray market and parallel imports. One such case is in the 11th Circuit, Southern District of Florida, in the matter of Swatch SA v New City, Inc., where Collen IP won summary judgment in favor of the famous Swiss watchmaker on its copyright infringement and unlawful importation claims. See published decision at: Swatch SA v. New City Inc., 454 F. Supp. 2d 1245 (S.D. Fla. 2006); HYPERLINK "http:// www.collenip.com/swatchnew-city-sdfl.pdf"
As in the Omega case before the Ninth Circuit, the Florida district court in Swatch held that the copyright owner had the right to prevent goods bearing copyright protected artwork, which were manufactured and sold outside the United States, from entering the United States and competing with the identical products authorized to be distributed here.
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U.S. District Court in Michigan Grants Collen IP's Motion to Transfer Case to NDNY
Collen IP's client, an automobile recycling facility located in upstate New York, was sued by an automobile manufacturer for using the manufacturer's trademark in connection with its dismantling of the vehicles and selling the used parts to the relevant public. Plaintiffs filed suit in Federal Court sitting in Michigan, where the plaintiffs' headquarters are located, and in which they claimed the injury took place. The Court granted Collen IP's motion to transfer the litigation to the Northern District of New York pursuant to 28 U.S.C. § 1404(a), finding the Northern District of New York to be the more convenient forum for Collen IP's client.
See Published Decision at: Audi AG v. Shokan Coachworks, Inc., 2007 U.S. Dist. LEXIS 10054 (E.D. Mich. 2007)
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Nevada Court Strikes Plaintiffs' Amended Complaint as well as Plaintiffs' Supplement to their
Amended Complaint
District Court granted Collen IP's motion to strike the plaintiff's first amended complaint to add a new party and to add a claim for infringement of right of publicity under Nev. Rev. Stat. § 597.800 et seq., as well as plaintiffs' supplement to the motion for leave to amend the complaint to add a new party.
See Published Decision at: Fifty-Six Hope Rd. Music, Ltd. v. Mayah Collections, Inc., 2007 U.S. Dist. LEXIS 35034 (D. Nev. 2007)
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Nevada Court holds that Plaintiffs' Objections to Defendants' Discovery Requests are Deemed
Nevada District Court grants Collen IP's motion to compel and holds that Plaintiffs' Objections to Defendants' discovery requests are deemed waived, and Plaintiffs must account for all communications between attorney and clients.
Nevada Court held that in light of hundreds or thousands of allegedly privileged documents, Court does not require a privilege log, but compels Plaintiffs' counsel to submit a declaration under oath which states and describes the following:
(1) That Plaintiffs have made a diligent and good faith effort to locate and produce all relevant and non-privileged documents, including emails, responsive to Defendant's requests.
(2) The number, or a reasonable estimate of the number, of the privileged email communications that exist.
(3) That Plaintiffs have reviewed the alleged attorney-client or work-product privileged emails to ensure that relevant, non-privileged email communications are not being withheld from production and that Plaintiffs' counsel verifies that no arguably non-privileged email communications are being withheld.
(4) In the case of emails as to which the attorney-client privilege is claimed, the affidavit or declaration should include a verification that the emails were not provided to persons other than the client and attorney. If such communications were provided to non-clients, and the attorney-client privileged is still claimed, then a privilege log consistent with Diamond State for each such communication should be provided.
(5) In the case of attorney-work product, the privilege may extend to persons other than the attorneys or the client, such as investigators. To the extent any attorney work-product emails have been provided to persons other than the attorneys or the client, an appropriate privilege log consistent with Diamond State should be produced for each such communication and an explanation provided as to why the work-product privilege applies.
Court denied Plaintiffs' request to shift costs of reviewing and preparing declaration of privileged documents to Defendants.
See Published Decision at: Fifty-Six Hope Rd. Music, Ltd. v. Mayah Collections, Inc., 2007 U.S. Dist. LEXIS 43012 (D. Nev. 2007)
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Collen IP Obtains Emergency Preliminary Injunction Withdrawing Its Client's Sponsorship of a
Concert at Radio City Music Hall
One of Collen IP's clients agreed to be a corporate sponsor of the 2007 Chinese New Year Spectacular at Radio City Music Hall. After receiving information that the promoters of the concert were using the event to pursue a political agenda and just days before the beginning of opening night, Collen IP's client withdrew its sponsorship of the event and affiliation with the organization. The promoters continued to boast its sponsorship of the event and to use Collen IP's client's trademarks in its advertising.
Collen IP filed an emergency lawsuit, complaint, and request for a temporary restraining order in the U. S. District Court for the Southern District of New York. Notwithstanding that its client agreed to sponsor the event, the Court found that it had the right to control use of its trademark and trade name, and enjoined the defendants from continued use of the mark.
The Swatch Group (U.S.) Inc. v. New Tang Dynasty TV (NTDTV), SDNY Action No. 07-CV-404.
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Collen IP Obtains Summary Judgment for Client for Unlawful Importation of Gray Market Watches
Pursuant to Section 602(a) of the Copyright Act
The United States District Court for the Southern District of Florida granted summary judgment in favor of Collen IP's client finding that defendant's unauthorized importation and sale of gray market watches violated the Section 602(a) of the Copyright Act. Because the wristwatches at issue here were manufactured and first sold abroad, the District Court held that the Supreme Court's precedent in Quality King did not protect defendant from violating § 602(a) by unauthorized importation. Quality King v. L'Anza, 523 U.S. 135 (1998). Under Section 602(a), Collen IP's client had the right to prevent these products from entering the United States and competing with the identical products authorized to be distributed here. Expressly rejecting defendant's Section 109(a) first sale argument, the District Court granted summary judgment in favor of plaintiffs. See Published Decision at: Swatch S.A. v. New City Inc., 454 F. Supp. 2d 1245, 1254-1255 (S.D. Fla. 2006)
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Collen IP Obtains Order of Seizure, Temporary Restraining Order and Injunction Against
Counterfeit Sales of Curry Powder
Collen IP filed suit on behalf of its client, a curry powder manufacturer, alleging trademark infringement, trademark counterfeiting, false designation of origin, false advertising, trademark dilution and unfair competition by defendant curry powder sellers, in violation of 15 U.S.C.S. §§ 1114 and 1125(a). Collen IP obtained an order of seizure, temporary restraining order and permanent injunction against defendant's sales of counterfeit curry powder. Collen IP, with the assistance of the United States Marshalls Service, successfully seized over 22,000 units of counterfeit curry powder, and further obtained a notice of recall of all outstanding counterfeit powder in the retail market. See Published Decision at: Edward B. Beharry & Co. v. Bedessee Imps., Inc., 2006 U.S. Dist. LEXIS 79332 (D.N.Y. 2006)
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Collen IP Successfully Enforces Settlement Agreement and Recovers Judgment Totaling
Approximately $500,000, Plus Attorney's Fees and Costs for Client
COLLEN IP filed a lawsuit in Federal Court against an oil exploration company for misrepresenting the background and qualifications of its principals, exaggerating its profits, and misrepresenting its production forecast. The lawsuit charged the company with securities fraud which divested COLLEN IP's client of approximately $500,000.
COLLEN IP successfully avoided an arbitration clause in the investment agreement, removed an ancillary state court action and consolidated
all matters before the United States District Court for the Eastern District of Tennessee. At the initial hearing on the matter,
the parties settled the case for nearly the entire amount of the lost investment funds.
Following the settlement, however, the defendants did not pay. COLLEN IP brought summary proceedings to accelerate payment of the settlement, impose financial penalties for failure to pay, and enforce the entire agreement. These proceedings resulted in a judgment granting the entire amount to COLLEN IP's client.
While granting COLLEN IP's subsequent motion for its attorneys' fees, the Court held, "[i]n the present case, while the plaintiff did not obtain all of the relief it requested, it did recover over 90% of the damages originally claimed. Accordingly, the Court finds that the plaintiff achieved excellent results in this case." See Published Decision at: Neft, LLC v. Border States Energy, LLC, 2006 U.S. Dist. LEXIS 68755, 19-20 (E.D. Tenn. 2006)
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Patent Infringement: Collen IP Gains Order Compelling Production of Documents and Deposition
Testimony of Defendant's Former Trial Counsel
July 2003 - Magistrate Judge Peggy Leen of the United States District Court for the District of Nevada, granted Plaintiffs' motion to compel deposition testimony and the production of documents in a patent infringement case. Defendant was ordered to produce former trial counsel's entire litigation files. The plaintiff was represented by the New York based intellectual property firm Collen IP.
In a case brought by Collen IP on behalf of an eyewear manufacturer, the defendant elected to rely on the verbal opinion of its former trial counsel in defense of willful infringement. The Plaintiff obtained an order compelling the production of former trial counsel's entire litigation file and secured rights to take further deposition testimony. The defendant's former trial counsel had obeyed previous instructions not to answer by asserting attorney-client privilege, work-product privilege, and immunity from discovery because the information and material was prepared in anticipation of litigation. The defendant attempted to limit the waiver of attorney-client privilege to only that which was actually communicated to the client – the problem in this case was that former counsel did not put anything in writing and could not recall what he had told the client. Collen IP argued that the privilege, if waived, was waived entirely.
According to the Court's Order: "[Defendant] designated its former litigation counsel as an expert witness. The opinions on which [defendant] intends to rely were not reduced to writing and are oral. [Former trial counsel] has been deposed and was unable to recall with any specificity what he reviewed, when he reviewed it, what he discussed with the client, and what his opinions were based on. The majority of [his] deposition testimony was conclusory and unsupported by specifics. Under these circumstances, the court finds defendant has waived the work-product immunity for [former trial counsel's] file on the subject matter of the asserted defense, that is, evidence relating to willfulness, infringement, validity, and/or enforceability of the Patents-in-suit."
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Collen IP Successfully Defends Motion For Preliminary Injunction Related To Bob Marley
Infringement & Right of Publicity By Jeffrey A. Lindenbaum
In March of 2008, Collen IP successfully defended a motion for preliminary injunction seeking to enjoin our client's right to use certain Bob Marley photographs on t-shirts being sold nationwide at Target retail stores and on Target's website. The District Court in Las Vegas, Nevada denied the motion after Collen IP argued that neither Nevada's Right of Publicity Statute, nor the Lanham Act could support plaintiffs' claim to exclusive rights to manufacture, advertise and sell products bearing the likeness of late reggae performer Bob Marley.
a. Right of Publicity
An increased number of claims to a person's right of publicity have prompted significant legislation as well as federal court rulings in recent years. An issue which remains controversial in many jurisdictions is whether a right of publicity can survive post-mortem, and if so, how can these rights be exercised and enforced by the heirs of the deceased. Presently, nineteen states recognize a post-mortem right of publicity: 14 by statute and five by common law.1
Further expanding this right, controversial legislation has recently been signed in California, and is currently being considered in New York. This legislation not only grants a post-mortem right of publicity to individuals who pass after the enactment of the legislation, but also affords such rights for successors-in-interest of persons who died long before a post-mortem right of publicity ever existed.
This recent legislative activity arises from two separate actions, one which commenced in the Southern District of New York and the other in the Central District of California.2 Both actions concern Marilyn Monroe's right of publicity. The California statute was expressly modified as a direct result of the California District Court's decision that a post-mortem right of publicity did not exist at the time of Marilyn Monroe's death, and therefore was not a descendible or transferable right. California's revised statute now states that a right of publicity is deemed to have existed in any person who died prior to January 1985.3 This amendment raises clear Constitutional challenges, and courts are already being asked to consider whether this violates the ex post facto prohibitions mandated under Sections 9 and 10 of Article I of the U.S. Constitution.
In contrast to California, New York stands virtually alone in expressly rejecting a post-mortem right of publicity.4 However, the recent Marilyn Monroe lawsuits have prompted a campaign to have New York's law revisited, and many are lobbying for an amendment consistent with California's statute. A response from the New York Legislature is expected shortly.
b. Protection of a Person's Name and Image Under Trademark Law
In addition to protecting a celebrity's image and likeness under a right of publicity, there have been a number of attempts to protect a person's name and image under trademark law. Many of these efforts have failed. This is because under U.S. law, an individual's name has long been classified as a descriptive mark, precluding registration.
However, as with all descriptive marks, a person's name may be protected and even obtain registration if the claimant can demonstrate that the person's name has acquired secondary meaning. For example, the use of the Henry Ford name "FORD" for automobiles and RALPH LAUREN for clothing are strong marks which have acquired secondary meaning, and are protectable as trademarks.
In the Bob Marley case, argued by Collen IP, the plaintiffs claimed to be successors-in-interest to commercial rights related to Bob Marley, and even obtained a federal registration for the words BOB MARLEY in connection with a wide range of goods, including clothing and t-shirts. However, in this instance, the plaintiffs were not only seeking to enjoin use of the words BOB MARLEY, but also attacked our client's use of images that were advertised and recognizable as Bob Marley.
With respect to the word mark, plaintiffs bore the burden of demonstrating that the words BOB MARLEY have acquired secondary meaning. Plaintiffs also had to convince the Court that defendant's use of Bob Marley was not descriptive, fair use, or protected by the First Amendment as free speech.
The second question presented to the Nevada Court was whether a trademark in the words BOB MARLEY could also protect all images of the late performer Bob Marley. Plaintiffs argued that each image of Marley constituted a separate trademark. Following briefing and argument on this issue, the Court endorsed Collen IP's arguments, holding that there were serious questions going to the merits of plaintiffs' claims which preclude issuance of a preliminary injunction.
Although this issue was novel to the Nevada Court, other federal courts have addressed these questions. The majority opinion holds that a person's image may only be protected as a trademark if that particular image is used consistently in commerce as a trademark (i.e. as a symbol to identify source). Moreover, obtaining trademark protection for one particular image of a celebrity will not entitle the trademark holder to sweeping rights to all images of the celebrity. Instead, the party must still establish a likelihood of confusion with the asserted mark.
c. Conclusion
While there may be a number of ways to protect the name and image of a person (deceased or living), each state has its own restrictions and laws which will determine the scope of the party's claim to a right of publicity. While trademark protection may also be available, the trademark holder must overcome the hurdle of establishing secondary meaning, and will always be limited to enforcing only those names and images that have actually been used as trademarks. Additionally, trademark rights will always be limited by the First Amendment and doctrine of fair use.
For questions or comments about this article, or about any issue regarding protecting a person's name or likeness, contact Jeffrey Lindenbaum at firstname.lastname@example.com.
1 McCarthy on Trademarks and Unfair Competition § 28:45 (4th ed. December, 2007).
2 The Milton H. Greene Archives, Inc. v CMG Worldwide, Inc., United States District Court, Central District of California, Case No. CV 05-2200, (May 14, 2007); and Shaw Family Archives Ltd. v CMG Worldwide, Inc., United States District Court, Southern District of New York, Case No. 05 Civ. 3939 (May 2, 2007).
3 Civil Code (modified by Senate Bill 771 signed on October 10, 2007, and effective January 1, 2008).
4 Stephano v. News Group Publications, Inc., 474 N.E.2d 580, 584 (N.Y. 1984). The only other state that has expressly rejected a post-mortem right of publicity is Wisconsin. 2 Rights of Publicity and Privacy § 9:19 (2d ed. March 2007).
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Nevada Court Grants Collen IP's Motion to Dismiss Right of Publicity Claims and All Claims
Against Client as an Individual
Collen IP's client, holder of licenses to reproduce, market and sell original artwork created in connection with certain Bob Marley and Miles Davis musical concerts of the 1950's, 1960's and 1970's on tee shirts and other products, was sued by Plaintiffs who claimed to be the owner and/or exclusive licensee of the intellectual property rights for the late performers Bob Marley and Miles Davis.
The Federal Court in Nevada granted Collen IP's motion to dismiss plaintiffs' right of publicity claims in their entirety and also granted Collen IP's motion to dismiss all claims against Collen IP's client as an individual. See Published Decision at: Fifty-Six Hope Rd. Music, Ltd. v. Mayah Collections, Inc., 2006 U.S. Dist. LEXIS 40685 (D. Nev. 2006)
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TTAB Sustains Oppositions and Denies Applications for Registration
The Trademark Trial and Appeal Board sustained an Opposition filed by Collen IP on behalf of world-renowned Swiss watch manufacturer, Omega, S.A., and denied registration finding applicants' proposed use to be confusingly similar to Collen IP's client's registration and use of its mark. See Omega, S.A. v. Panchacharam, Shawn, 2006 TTAB LEXIS 324 (TTAB 2006) (Opposition No. 91117378 to Application Serial No. 75282523)
Collen IP recently obtained a favorable decision for its client, Luxury Goods International, the owner of the YSL trademark for Yves Saint Laurent. The case was brought against encroachment by Goldfinger Hawaii, Inc. The U.S. Trademark Trial and Appeal Board ruled that the mark SL is confusingly similar to the famous YSL mark as shown below:
The TTAB agreed with Collen IP that the "YSL mark is strong and famous in the fashion field and entitled to a broad scope of protection." The Board accordingly denied registration of the SL mark.
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District Court denies Plaintiff's Motion to Enforce Settlement Agreement
In a trademark infringement case the Plaintiff, an automobile manufacturer claims, among others, infringement and dilution of its trademarks by Collen IP's client, an automobile recycling facility (junkyard), in the business of selling used automotive parts. Collen IP defended a motion to enforce an unsigned settlement agreement. Finding in favor of Collen IP's client, the court held that an outstanding dispute among the allegedly agreed upon terms existed as well as ambiguity as to certain language, and enforcement was not appropriate. See Published Decision at: Audi & Volkswagen of Am., Inc. v. Shokan Coachworks, Inc., 2006 U.S. Dist. LEXIS 70201 (E.D. Mich. 2006)
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COLLEN IP Successfully Defends Client's Trademark and Cancels the Plaintiff's Trademark
Tom Hansen was a first responder to the terror attacks on September 11, 2001. The chaos he witnessed inspired him to create AirVisual, Inc., a new company which would outfit law enforcement personnel with equipment to deliver multimedia information they needed in real time, such as traffic reports, photographs, building blueprints.
Addvisual, Inc., filed a lawsuit against AirVisual, Inc., and Tom Hansen personally, claiming that consumers would confuse AirVisual with Addvisual trademark ADDVISUAL for video surveillance equipment.
COLLEN IP discovered that Addvisual made misleading statements to the Trademark Office when it registered its trademark, and counterclaimed for cancellation. As a result, Addvisual withdrew its trademark infringement claims and the Court cancelled the ADDVISUAL trademark registration and prohibited Addvisual, Inc. from using its trademark again in the future. Addvisual Inc. v. Airvisual Inc., and Tom Hansen, 05-CV-7650 (S.D.N.Y. 2005)
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Trade Mark Action Decided in Favor of Collen IP's Client, the SOUP NUTSY Restaurant Chain;
Alleged Trademark Infringement and Breach of Contract Action Dismissed in the Southern District of New York
July 2004 - Abandonment and 'intent to use' a trademark, in addition to a question of authority to transfer rights to a trademark, were the central issues in a recent United States District Court Ruling in favor of Collen IP client, The Soup Nutsy restaurant chain. The Defendant has restaurant locations in Union Station and The Reagan Building in Washington, D.C.
In the Southern District of New York, Collen IP successfully defended its client against allegations of infringement and breach of contract. Collen IP was able to establish that the Plaintiff/Licensor had abandoned the SOUP NUTSY mark. Most significantly, the Court held that Defendant gained superior rights in the mark and could prevent Plaintiff from use in the future. As a result, the Court dismissed Plaintiff's complaint.
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Collen IP Secures Ruling on Claim of False Designation of Origin; Damages Awarded After Jury
June 2004 - Collen IP secured Summary Judgment on behalf of its client, a broker of cable television equipment, in a ruling by the United States District Court for the Eastern District of Tennessee. The case centered upon the mis-use of Plaintiff's customer list and information compiled in its Data Base, which contained detailed business contacts and information relating to its customer relationships and interactions. The Plaintiff alleged, and the Court found, that former officers of the corporation had unfairly communicated with Plaintiff's customers after leaving the firm, and confused those customers as to whether these former employees were still affiliated with Plaintiff.
Collen IP's lead trial counsel on the case said: "These former employees attempted to divert sales from Plaintiff 's customers to their new competitive business, unbeknownst to the customer, by trickery and deception. This is precisely what the Lanham Act is designed to prevent." He continued, "Luckily, one of the customers solicited by these former employees recognized that he was actually confused and wrote to the Plaintiff's principle to inquire of their status. It was at that point we knew that swift action was needed." Following a jury trial, Plaintiff was awarded damages. At trial and upon cross-examination by Collen IP, one of the Defendants apologized for his conduct.
Collen IP is very happy with this opinion. The value and significance to our client - and many other businesses - of protecting client databases and 'inside' information about clients and markets as trade secrets cannot be understated..
^ Top
SDNY Grants Motion for Preliminary Injunction for Collen IP's Client Against Former Employee
for Misappropriation of Trade Secrets
Collen IP successfully obtained a preliminary injunction on behalf of its client, a manufacturer of cosmetic packaging and hair care accessories, against a former employee. The United States District Court for the Southern District of New York found a likelihood of success on the merits that defendant misappropriated plaintiffs' trade secrets and breached her fiduciary duty to the plaintiffs. The Court enjoined the defendant from discussing, revealing or using plaintiffs' trade secrets, as well as destroying any of plaintiffs' proprietary information. See Published Decision at: B.U.S.A. Corp. v. Ecogloves, Inc., 2006 U.S. Dist. LEXIS 85988, 23-25 (S.D.N.Y. 2006)
^ Top
Collen IP Wins Summary Judgment in Favor of Client in Patent Infringement Action
May 2004 - In a recent ruling by the United States District Court for the District of Nevada, Collen IP prevailed in securing Summary Judgment on infringement of two patents related to eyewear.
In this case, on behalf of Plaintiffs, Collen IP alleged that a major player in the eyeglasses industry infringed upon two patents related to the construction and mechanism for magnetic attachment of auxiliary lenses to eyeglasses (typically sunglass attachments). Chief US District Judge Philip Pro, agreed with and supported Plaintiff's interpretation and construction of the patents claims and awarded Plaintiffs summary judgment on the issue of infringement. Collen IP's lead attorney for Plaintiffs said, "The Court's claim construction and award of summary judgment in this case reinforced scope of protection afforded by the Plaintiff's' patents. Defendant was unable to show how their product was essentially different in either construction or function from the patents at issue."
Collen IP was able to refute the other side's claims and expert testimony. At the end of the day, the firm is happy with its success in protecting our client's intellectual assets and the competitive advantage they are entitled to gain from them.
^ Top
Collen IP Obtains $1.15 Million Award Recommendation for Infringement of Client's Website
February 2003 - A federal district court magistrate in New York has recommended that a Collen IP client be awarded $1.13 million in actual damages plus more than $20,000.00 in legal fees and costs based on a competitor's use of the client's trademarks and copyrighted materials on a competing website.
Collen IP had initially obtained an injunction prohibiting the defendant's illegitimate use of our client's trademarks and copyrighted material. The defendant made minor alterations to the website, and we successfully sought termination of the website under the Digital Millennium Copyright Act, and further requested that the court award our client damages for defendant's continuing contemptuous and willful acts. Collen IP is very pleased that the court accepted our evidence of harm, lost profits, and dilution of our client's marks, which the court described as "siphoning" our client's Internet sales.
The firm is also pleased that the defendant now has a website that includes none of our client's marks or copyrighted material.
^ Top
Collen IP Obtains Judgment in the Amount of $250,000 for Infringement of Patent
Collen IP obtained a judgment totaling $250,000 in damages as well as a permanent injunction on behalf of its client, an eyeglass manufacturer and distributor against the manufacturer and distributor of magnetic eyewear found to be infringing plaintiffs' patents. See Decision at: Aspex Eyewear, Inc. v. Cheuk Ho SDNY Action No. 00-cv-2389 (2006).
^ Top
Collen IP Executes Seizure on Behalf of an International Beauty Supply Company, Netting
Thousands of Pieces of Counterfeit Beauty Lotions, Cremes, and Soaps, and More Than 250,000.00 in Cash
August 2003 - Acting on behalf of an international beauty supply company which engages in the manufacture, import, export, and distribution of soaps, creams, and lotions worldwide, Collen IP obtained a temporary restraining order and order of seizure against a Brooklyn, New York based importer and distributor of counterfeit health and beauty supplies.
Execution was carefully coordinated and performed simultaneously at three New York locations yielding thousands of counterfeit products and more than a quarter million dollars in cash and bank accounts. "The success of this operation can only be attributed to the diligent efforts of our team of investigators, our support staff, and the United States Marshal's office," said counsel at Collen IP. Also cited as key factors was the decision to take action, upon good information, on an urgent and immediate basis. The temporary restraining order was converted into a preliminary injunction after an evidentiary hearing before Judge William Trager at the United States District Court for the Eastern District of New York in Brooklyn.
^ Top


text:
- Sold for: Start Free Trial or Sign In to see what it's worth.
- Item Category: Furniture & Furnishings
- Source: eBay
- Sold Date: Jan 12, 2007
- Channel: Auction House
ANTIQUE SETH THOMAS MANTLE CLOCK 298B SOUVENIR WONDERFUL PEACE CRUISE OF THE U.S. FLEET AROUND THE WORLD 1907-1908-1909 PROJECT TO BE REPAIR is this fabulous SETH THOMAS GOTHIC MANTLE CLOCK, beautiful antique, made in solid oak Victorian Period dated 1890's or 1900's. This clock was a Souvenir of The Wonderful Peace Cruise of the U.S. Fleet Around the World 1907 - 1908 - 1909. N 298B Eight Day Half Hour Strike, made in solid Oak with stunning carvings, beautiful pendulum with a lion and glass with a Navy scene. Marvelous timepiece. The clock has some missing parts like the key and hands. The time and chime mechanisms look complete and in working order, but they can't be tested; they need a cleaning and lubrication maintenance. When I took out the face for the pictures the clock start to run, how the face is not straight when is on place stop the mechanism. On the mechanism you can read ST / Made in US America / 89D Measures 23" high x 14 1/2" wide x 4 1/2" deep. 9lb !!!!! CHECK MY OTHER AUCTIONS !!!!! I WILL COMBINE SHIPPING CONDITIONS: All sales are final; Items are sold "as is". I try to describe my items as accurately as possible but I may miss some details or have variance in opinion regarding item condition. Please ask any and all questions you may have regarding this item to insure your satisfaction. Bids are non-retractable, bid responsibly. Pay pal is the prefer form of payment. If you can't use Pay pal please email me first to make arrangements for payment. All interested International Buyers outside of the USA please email me for a quote of shipping to your country. International Buyers responsible for any and all custom duty. After the auction I will promptly e-mail the winner the check out form a reply is expected within 48 hrs and payment to be received within 5 days of auction close unless other arrangements have been made. Otherwise we will be forced to file a Non-Paying Bidder Report with eBay and leave negative feedback and turn the matter to a collection agency. Shipment occurs within 2 days after payment clears. If you want to combine shipping please let me know as soon as possible or with your payment. I will not refund shipping or handling on any claim. Shipping and Handling is an amount the carrier has already been paid. I will issue feedback once I receive it and know item has arrived. RECOMMENDATION: EBay Bidding Strategy 101 How to Bid Successfully! EBay uses a proxy bid system. This means that the bidding process is automatic so you don't have to re-enter a higher bid. The system will do it for you in the event another bid is placed. The best way to bid is to enter the maximum amount you want to pay for the object now. If you wait until later to place a maximum amount bid, your odds of winning the item will diminish. For example, you may forget about the item until after the auction ends, when it's too late. Or, you may have technical difficulties at a future time with your computer or trouble logging on eBay. Or you just may lose track of when the item ends. And the list of examples can go on and on. So, if you gotta have it, heed this advice and enter you max bid now rather than later! Thanks and happy bidding!

subset: commoncrawl


text:
May 6, 2016
It was a customer who discovered three employees shot at a Farmville convenience store about 10:00 p.m. Sunday night and called 911.
Here is a portion of the call made from someone who walked into the Hustle Mart.
Caller: "He's on the floor, the door's wide open, the safe is open. It looks like he's been robbed."
911: "Is there any serious bleeding?"
Caller: "Yeah, he's bleeding.There's blood all over the floor."
911: "Ok, is he completely alert? Is he responding at all?"
Caller: "No, he's just moaning."
911: "Ok, what part of his body...Where was he shot?"
Caller: "It looks like it was in his face."
911: "In his face?"
Caller: Yea
Click Here to access the online Public Inspection File
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or email@example.com.


text:
Abalone's warm welcome
Article By: Bryony WhiteheadMon, 20 Jun 2011 11:21 AM
Paternoster is known for its white-washed cottages that stand at attention in front of the wild Atlantic ocean. On this particular winter's afternoon the sun's rays briefly reach through the clouds and skim over the grey-blue waves, reminding us just how little sun we've seen in the past few days. I turn my attention from the dramatic view for a moment to pour more hot tea as we sit snugly in the Orchid Room of Abalone House.
A little cat comes to greet my partner and I. The three of us have got to know each other since our arrival two hours ago and we're already firm friends. I learn from Lindsay Stewart, Abalone House's general manager, that the cat's name is Chelsea.
"Chelsea Grace, excuse me," she says laughingly as she points out the rather grand name for the small purring cat.
Now, most will agree that a purring cat, a hot cup of tea and a scone with homemade raspberry jam is a near-perfect combination. What could possibly make it more perfect?
How about an overnight stay at one of Paternoster's most unique guesthouses, including that delicious afternoon tea, a dinner whipped up by executive chef Darren Stewart and a scrumptious breakfast the next morning?
And believe me when I say you'll feel right at home. By the time we sat down to tea, we were already feeling quite comfortable - as if Abalone House was the seaside cottage we'd been dreaming of owning. And no wonder, because the guesthouse was the home of owners Stef Venter and Johann Janse van Vuuren for seven years before they decided to turn it into a guest house.
You can tell that someone actually lived here - it's homely, natural and stuffed full of memories too. In fact, the art works and antiques are what inspired Stef and Johann to start the guest house in the first place.
The layout of the building is exciting and surprising, especially as it looks deceptively small on arrival. Eight rooms feature on the second floor, complete with a communal deck and jacuzzi which overlook a rather breathtaking view of the small bay in front of the property. Two rooms downstairs complete the little guest house.
An extra-length king size bed awaits us in our room, along with a flat screen TV, a coffee machine and a lovely large bath and shower. And for those who really feel the cold, you're fully catered for as each room has underfloor heating.
Dinner at the Saffron Restaurant was an indulgent experience and, blessedly, it's no further than a few steps from your room. With grand high-backed chairs in warm tones of orange and cerise, it offers a comfy and private experience.
Two menu options were presented to us – we could choose our meals from the bistro menu that consists of wholesome, hearty dishes like good fish and chips or Prego roll or from the Tasting menu that offers six smaller dishes that portray Executive Chef Darren Stewart's unique style.
Worth mentioning here is Darren's outstanding gift for making bread. A smokey raisin bread was the winner of the day, while a butternut bread, chocolate bread, seed loaf and just plain fresh white bread adorned the table each time we dined.
Breakfast is also a wonderful experience at Abalone House - enjoy a slap up bacon-and-eggs breakfast, or posh beans on toast amongst a good selection of other dishes. Breakfast saw us seated at the quaint tables in the sunny Orchid Room where we had taken our afternoon tea the day before.
Outside, a little Sunbird hovered busily amongst the flowers while an icy wind outside whipped the Atlantic into white horses. And all while a little cat slept contentedly on my lap.
Abalone House is offering a special winter package of R1200 per person sharing - which includes an overnight stay, afternoon tea, dinner and breakfast - that's available until end-July 2011. Make sure you book soon to avoid disappointment. Visit www.abalonehouse.co.za for more information.


text:
Copyright © 2016 Castel
Not a member? Sign up now!
- Request Free Samples
- Check Stock Availability
- Place Fabrics Orders Online
- Manage Your Orders Online
- View Your Order History
- And much more...
If you are an existing Castel customer, your company e-mail address is already registered.
Use "Reset your password" to retreive your password.


text: The season is over and the days are now shorter. Riding time outside is at a premium so its time for some indoor training. I plan to do some legs and core strength training as part of my base period build. However, I do not have a gym membership and I do not plan to get one. So does anyone have any suggestions or has done strength training at the comfort of their own home ? Pushups, crunches etc .... ?


text:
After a very rough 2011, Japan is paving the way to a better 2012 with major openings around the country and new air service from the U.S. With its recovery well underway and visitor numbers on the rise, the destination remains unusually affordable, making it clear Japan is taking no chances when it comes to enticing foreign travelers this coming year. Plus, the Japan National Tourism Organization is running promotions like a Facebook sweepstakes through December 30 to give away a customized trip for four to Japan in 2012.
New planes and new service distinguish Japan Airlines' nonstop route between Boston and Tokyo. Service begins on April 22 aboard the airline's new Boeing 787 Dreamliner aircraft. The airline will codeshare with American on the flight, and Japan Airlines is looking to partner with JetBlue to further strengthen its U.S. network structure.
New or totally reinvented hotels slated to debut in 2012 are the Ritz Carlton on Okinawa and the Tokyo Station Hotel. Other big events include the May opening of Tokyo Sky Tree, the tallest free-standing tower in the world (at over 2,000 feet tall) and the summer unveiling of Hikarie tower in Tokyo, which will be a cultural hub with theaters, galleries, and shops. And those looking for something offbeat but very Japanese can visit the new Cup Noodles Museum, where visitors can learn the history of the snack before heading to the workshop to make their own cup noodle.
Let the travel experts do the work—get the best deals sent to you!
Follow us on Twitter


text:
Fact-Checking the Franzenfreude
Is the New York Times' book section really a boys' club?
Two weeks ago, best-selling author Jodi Picoult sent a Tweet in a fit of pique. Upon reading Michiko Kakutani's glowing review of Jonathan Franzen's new novel Freedom in the New York Times, the lady novelist took to her keyboard and typed out the following:
NYT raved about Franzen's new book. Is anyone shocked? Would love to see the NYT rave about authors who aren't white male literary darlings.
Then fellow best-seller Jennifer Weiner revved up her Twitter account, too, and posted about the breathless critical love of Franzen, whose book was still not out yet. She invented the Twitter hashtag #franzenfreude, which she describes thusly: "Schadenfreude is taking pleasure in the pain in others. Franzenfreude is taking pain in the multiple and copious reviews being showered on Jonathan Franzen."
Weiner tweeted prolifically after starting the franzenfreude meme. "In summation: NYT sexist, unfair, loves Gary Shteyngart, hates chick lit, ignores romance. And now, to go weep into my royalty statement," she wrote on Aug. 19. Not everyone felt her pain. Paris Review editor in chief and former Farrar, Straus, and Giroux editor Lorin Stein responded to Weiner and Picoult's complaints on the Atlantic's Web site, slamming their desire for mass-market fiction to be reviewed by the Times as "fake populism" that "pretends to speak for women." After that, Weiner and Picoult gave an interview to the Huffington Post, responding to Stein. Just a few days ago, Weiner and Times book review editor Sam Tanenhaus duked it out on NPR.
The discussion is ongoing, especially now that Franzen's book has finally hit the general population. The bookish blogosphere continues to debate whether the New York Times—and, by extension, other cultural gatekeepers—really does give white male fiction writers preferential coverage over authors of the distaff and ethnicvariety.
Other groups have looked into the Times' record on reviewing political books (95 percent male) and crime novels (66 percent male). And there's a slightly older study from Brown that concluded that 72 percent of all books reviewed in the Times Book Review were written by men. (You can see the full Brown paper at this cached link here). But so far, no one's taken an extended look at the paper of record's general fiction coverage. So we decided to gather some statistics in order to determine whether the Times' book pages really are a boys' club.
Slate associate editor Chris Wilson got us started by putting together a spreadsheet listing every work of adult fiction that's been reviewed in the New York Times in the past two years.
We compared men to women and then highlighted the authors whose books had been singled out for the one-two punch of a weekday review and a review in the Sunday Times Book Review.


text:
Bachelor of Science in Mathematics Requirements
Total Semester Credit Hours=120
- University Core Curriculum (44 hrs.)
- Grade of "C" or better in all mathematics courses completed.
- A total of 51 semester hours of mathematics completed, including 42 semester hours of upper-division mathematics, nine semester hours of mathematics at this university.
- Each student seeking a baccalaureate degree with a major in mathematics must complete the following specific requirements (42 hours)
MATH 2413: Calculus I (lower division)
MATH 2113: Calculus I Lab (lower division)
MATH 2414: Calculus II (lower division)
MATH 2114: Calculus II Lab (lower division)
MATH 3404: Multivariate Calculus
MATH 3104: Multivariate Calculus Lab
MATH 3305: Ordinary Differential Equations
MATH 3315: Linear Algebra and Matrix Theory
MATH 3425: Foundations of Mathematics
MATH 3336: Abstract Algebra I
MATH 3345: Analysis I
MATH 3373: Applied Mathematics I
MATH 3380: Algorithms in Applied Mathematics
MATH 4160: Senior Seminar I
MATH 4161: Senior Seminar II
MATH 4350: Theory of Probability
- One course chosen from the following (3 hours)
MATH 4336: Abstract Algebra II
MATH 4341: Analysis II
MATH 4342: Introduction to Complex Variables
- One course chosen from the following (3 hours)
MATH 4351: Applied Statistics
MATH 4373: Applied Mathematics II
MATH 4380: Modeling and Numerical Analysis
- One additional upper division mathematics course (3 hours)
a. Students seeking teacher certification (8-12) must complete MATH 3365: Geometric Systems
b. All other students may take any upper-division mathematics course except MATH 3203 and MATH 3351.
- Each student seeking a baccalaureate degree with a major in mathematics must complete the following specific requirements (42 hours)
- Eighteen hours of approved electives in a related discipline or disciplines: at least nine semester hours must be at the upper division and at least six semester hours must be completed at UT Tyler.


text:
Search Results
Keywords: Men
Historical Items Showing 3 of 1221 View All
Item 22534
Title: Remarkable Old Men of Alfred, 1903
Contributed by: Alfred Historical Society
Date: 1903-06-26
Location: Alfred
Media: Photograph
Item 13499
Title: Medal, Improved Order of Red Men
Contributed by: Fryeburg Historical Society
Date: circa 1900
Location: Fryeburg
Media: Metal
Item 13658
Title: Improved Order of Red Men charter, Fryeburg, ca. 1930
Contributed by: Fryeburg Historical Society
Date: circa 1930
Location: Fryeburg
Media: Poster, ink on paper
Tax Records Showing 3 of 13 View All
Item 45335
Address: Assessor's Record, 131-133 Danforth Street (rear), Portland, 1924
Owner in 1924: Home for Aged Men
Use: Stable
Item 45336
Address: Assessor's Record, 131-133 Danforth Street, Portland, 1924
Owner in 1924: Home for Aged Men
Use: Garage
Item 46241
Address: 127-129 Danforth Street, Portland, 1924
Owner in 1924: Home for Aged Men
Use: Dwelling - Two family
Exhibits Showing 3 of 125 View All
Putting Men to Work, Saving Trees
While many Mainers were averse to accepting federal relief money during the Great Depression of the 1930s, young men eagerly joined the Civilian Conservation Corps, one of President Franklin Roosevelt's most popular programs. The Maine Forest Service supervised the work of many of the camps.
While numerous Mainers worked for and against woman suffrage in the state in the late nineteenth and early twentieth centuries, some also worked on the national level, seeking a federal amendment to allow women the right to vote
Civil War Soldiers Impact Pittsfield
Although not everyone in town supported the war effort, more than 200 Pittsfield men served in Civil War regiments. Several reminders of their service remain in the town.
Sites Showing 3 of 38 View All
Swan's Island: Six miles east of ordinary
A look back at island life in Maine as captured by a team consisting of Swan's Island Educational Society representatives, which encompasses the community's library and historical society, a class from the Swan's Island School, and an Island Fellow from the Island Institute. Exhibit topics examine islanders at work and play, Baird's Quarry, old buildings, and the changing role of women on the island.
The history of downtown Bath as created by the students of Bath Middle School, with assistance from members of the Sagadahoc History & Genealogy Room at the Patten Free Library and Bath Historical Society. Seventeen exhibits examine various historic blocks in the downtown section of the city.
Old Berwick Historical Society
View collections, facts, and contact information for this Contributing Partner.


text:
Dragon liver
Revision as of 00:55, November 1, 2012 by ProfessorTofty (Talk | contribs)
13,130pages on
this wiki
this wiki
Dragon liver is sixteen Sickles an ounce.[1]
Behind the scenes
- The price in the older versions of the novel was given as seventeen Sickles, but this was changed because seventeen Sickles is equal to one Galleon, so it would be like saying "One hundred pence".
- In Pottermore, dragon liver instead costs 3 Galleons. However, it is possible that the jar you buy contains more than a single ounce of liver.
- Harry Potter and the Philosopher's Stone (First mentioned)
- Pottermore (First appearance)


text:
Hello everyone
It's been a long time since my last post but now i am back and i hope that i won't be so busy again and update the site regularly. Today i am going to tell you how you can install the "Sygic Mobile Maps 10″ into your smartphone, either Android, Symbian, WinMo.
I am from Cyprus and it's very hard to find something GPS-like for my country so i am going to post this guide to make my country mate's lives easier.
Update:: Links which are down will not be updated due to copyright issues!
Let's begin
- Create a folder named "sygic" without the quotes on the root of your SDCARD. (root means the directory when you open your sdcard, let's say the sdcards letter is "x" the directory should be "x:\sygic" )
- Download one of the available Sygic Versions below:
Android: Eclair (v8.07) | FroYo (v8.14) | GingerBread (v8.24) ( Eclair & FroYo too)
Symbian: v8.07 | v8.24
Winmo: v8.07 | v8.24
- Place the zip you downloaded inside the "sygic" folder you created in step 1.
- Right-Click it and choose "EXTRACT HERE" (now you should have inside the sygic directory 1 setup file and 3 folders, MAPS, RES, DRIVE)NOTE:::: The winmo version has one more folder 2577, in my touch diamond 2 i didn't need it so i deleted it but i put it as i found it. i think it's for the old windows versions
- Now using a file manager from your phone (Astro or Explorer for ANDROID which can be found in Market) locate the "setupandroid.apk", "setupsymbian.sis" or "setupwinmobile.exe" according to your version and RUN it to install the App. (You should have a new app named "Mobile Maps 10″ now)
- Run the application, it will ask you to ACTIVATE your map. Choose the right option to "Activate". It will give you 2 options now: Choose "Manual with activation code". Proceed as it says until it gives you a DEVICE ID (write it down somewhere on a paper)
– Please if you don't see a deviceID but only a dash (-) read this.
- Using your PC now access your memory card and go into the "MAPS" folder and locate "SygicKG.exe"
- RUN the keygen file mention above and click the "BROWSE" button. Now locate the "SMM10 Europe.mlm" file located into the MAPS folder again and make it the selection for the box.
- In the DEVICE ID box type in the code you got from the application when we run it in step 6 (also check box for 8.16 version if that's the one used), then click GENERATE.
- Write down this code as this is your REGISTRATION code you will enter in the app wizard in order to register the app. Return to the phone and run the application. Register it with the code we got from the step above and you should now have a fully working GPS navigation program with CYPRUS & GREECE maps installed.
NOTICE::PLEASE check your activation code carefully. It is correct, I successfully installed it on more than 20 phones and more than 1000 people downloaded it without problems. The main reason for wrong entries are the zeros ( 0 ) and the omikrons ( O ). I can't do anything about it so please don't email me when you have wrong activation code. It's either wrongly typed or you have made a mistake in the precedure.
I hope i was descriptive and detailed.For any problem or question don't hesitate to ask me. Just post a comment and i will answer you ASAP. Especially Cyprus friends who are searching for Cyprus Maps. Foreign users can have this too and add more maps later.
Thanks for reading
If you liked the program and the tutorial you can buy me a drink here !!!
Many users requested maps for other countries than Cyprus and Greece. You can request them through the comments and i will try to give them to you soonest possible.
Please use the steps below to activate your new maps:
- First of all you must create a folder into the Maps folder and its name should be your country in 3 letter abbreviation, eg. Cyprus = cyp, Greece = grc
- Then you must update the "SMM10 Europe.mlm" file. Open it with notepad and you will notice the place where i have Cyprus and Greece maps listed. There you should add or remove if you want the map you don't want anymore.
- If you need to add, just place a comma ',' after the last listed map and then add your own, eg. TA:ITA:2011:05 with the same format "MAPS_TYPE:COUNTRY:YEAR.MONTH" you will have the fields from where you downloaded the maps.
- Now that you have your map inside its folder in Maps folder and updated .mlm file you are set to go. Just re open Mobile Maps 10 and it will ask you to Activate. Just follow steps 6-10 and you should be fine.
Smartphones without Sdcard
Many users who have smartphones without sdcards may face problems when at the Device ID stage. User @Trepid Axis suggested a method and claims it works. I don't have such phone but you could try it.
Inside Drive folder open Android and with a text editor add the following line: "Device=imei" in the configuration file settings.ini
Wish you luck.
Updated 03/01/2013
- New Version of Cyprus and Greece maps at http://www.sygic.gr/updates/index.html
Updated 6/04/2011
- NEW version of Mobile Maps: Sygic Mobile Maps 8.24 (supports latest OSs including newest Gingerbread in Android)
- Updated maps for Cyprus and Greece (both updated to 03/2011)
- Guide in order to add your own maps
- REMEMBER to check the box (8.16 version) in keygen if you download these new versions
Updated 20/12/2010
Cyprus Updated Map: 2010.09
To install the new map just replace it in the cyp folder inside MAPS and then change the .mlm file accordingly. You should change the date to 2010.09 for Cyprus entry. If the program ask you for a new key just run the keygen and enter the new DeviceID.
ATTENTION: the password for the new Cyprus maps is "steve777″ without the quotes.
Updated 24/7/2010
ok i reuploaded the complete winmo version with the settings.ini file included for more convenience….the settings.ini file can be downloaded seperate for users who have the previous version from the link below.
WINMO version SETTINGS.INI (you should place this file in the same folder as the 4 folders inside the full zip)
Updated 23/7/2010
i added the settings.ini file i accidently forgot to upload for the winmo users as a separate download until i upload the full zip with the settings. ini file included.
you should place the settings.ini file in the same directory as the setupwinmo.exe and the 4 folders.
Updated 22/7/2010
Android 2.2 FroYo Version added in Downloads for users who upgraded their phones to the latest android version.


text:
This job posting is no longer available on Indeed.
Find similar jobs:Customer Service Representative Cashier jobs
- CST Brands jobs
This position is available at a Self Serve Gas Station/Convenience Store/Country Style business. The candidate must be able to serve customers in a friendly manner as outlined by the Company. Other duties of the position include cleaning and stocking. There are indoor and outdoor duties related to the position. Training is provided. Previous customer service experience is an asset.


text:
May 6, 2016
Oklahoma linebacker Corey Nelson will likely miss the rest of the season because of a partially torn muscle in his chest.
Sooners coach Bob Stoops says Nelson is scheduled to have surgery Tuesday for the torn pectoral.
Nelson is second on the team in tackles with 27. The senior team captain also had an interception return for a touchdown and a sack for a defense that ranks ninth in the country in yards allowed per game.
No. 12 Oklahoma plays rival Texas on Saturday with first place in the Big 12 on the line.
Click Here to access the online Public Inspection File
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or firstname.lastname@example.com.


text:
Synchronizing the Time on Windows XP and Vista with the Internet
by, 06-24-2007 at 08:05 PM (64751 Views)
I noticed today that the clock on my Windows XP computer was five minutes slow. I always know the correct time because I have one of those atomic clocks hanging on my wall that synchronizes itself to WWV every night. My wall clock's time also matched the correct Verizon time displayed by my cell phone. The strange thing was that my Windows XP computer was also configured to synchronize its own clock with an Internet time server maintained by NIST. So why did my Windows XP computer loose five minute?
To check the time synchronization settings on Windows XP, I double-clicked on the clock in my system tray and selected the Internet Time tab on the Date and Time Properties window. The Automatically synchronize with an Internet time server box was checked and time.nist.gov was set as the time server. I clicked the Update Now button and, after 15 seconds, the error message An error occurred while Windows was synchronizing with time.nist.gov was displayed. My computer was not having problems communicating with any other Internet hosts, so what happened to the Internet's most reliable time server?
Clicking on the time server combo box, I selected the only other choice listed, time.windows.com , but this selection also threw the same error message. I realized that I needed to find the address of another time server, and preferably one maintained by NIST. After a short, Google-aided journey, I found the NIST Internet Time Servers Web page, which contains a healthy listing of 16 time serversincluding the now silent time.nist.gov .
The next trick was to use RegEdit.exe to find the place in the Windows registry where the listing of time servers for the Date and Time Properties windows was stored. Under Windows XP and Vista, this registry key is HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows\Curr entVersion\DateTime\Servers ; you will need administrator access to add additional servers to this list. If you are too impatient or inexperienced to edit the registry yourself, save the following listing to a file named TimeServers.reg and run it to automatically add the entries to the registry:
I added all of the NIST time servers to my registry and, with no reboot required, the Internet Time tab now displayed every public NIST time server. I chose time-a.nist.gov , clicked the Update Now button, and almost instantly a message was displayed indicating that a successful time synchronization had occurred. The clock in my system tray was now displaying the correct, atomic clock time. (Vista comes preconfigured with the additional time servers time-a.nist.gov, time-b.nist.gov , and time-nw.nist.gov , so no registry editing is necessary for Vista users.)Code:Windows Registry Editor Version 5.00 [HKEY_LOCAL_MACHINE\\SOFTWARE\\Microsoft\\Windows\\CurrentVersion\\DateTime\\Servers] @="3" "1"="time.windows.com" "2"="time.nist.gov" "3"="time-a.nist.gov" "4"="time-b.nist.gov" "5"="time-a.timefreq.bldrdoc.gov" "6"="time-b.timefreq.bldrdoc.gov" "7"="time-c.timefreq.bldrdoc.gov" "8"="utcnist.colorado.edu" "9"="time-nw.nist.gov" "10"="nist1.symmetricom.com" "11"="nist1-dc.WiTime.net" "12"="nist1-ny.WiTime.net" "13"="nist1-sj.WiTime.net" "14"="nist1.aol-ca.symmetricom.com" "15"="nist1.aol-va.symmetricom.com" "16"="nist1.columbiacountyga.gov" "17"="nist.expertsmi.com"
Now, back to my original question of what happened to time.nist.gov ?. The official answer I found on the NIST Web site itself:
Starting on 14 April 2007 the server time.nist.gov will no longer respond to requests for time in the TIME format (as defined in RFC-868). These requests are generated by a number of different programs including DATE, RDATE, and other programs that connect to the time server using tcp or udp port 37. All of the other NIST servers (except for time-nw.nist.gov) will continue to respond to requests to either tcp or udp port 37 for time in the format specified in RFC-868.
RFC-868 is the old Time Protocol first used on the Internet over 25 years ago, and has been largely replaced by the Network Time Protocol (NTP). If you have any computers that are relying on RFC-868 for time synchronization and not NTP (as Windows apparently is), check to make sure that your computers are not pointed to time.nist.gov for their time server, or you may find that time is slipping away from your computers too.
For Further Reference
Older Comments
June 25th, 2007 on 11:31 am
What's up with the port 37 stuff?
Windows has always used the standard NTP on port 123 UDP.
Al Sirutis
June 25th, 2007 on 3:30 pm
Please check your reg file (above) the backslashes are missing and hence it won't work. (The correct syntax is given below.) Thanks for the info, however!
James D. Murray
June 25th, 2007 on 3:46 pm
Port 37 is used by the Time Protocol defined in RFC-868.
James D. Murray
June 25th, 2007 on 3:52 pm
Al, thanks for pointing out the missing backslashes. I forgot to double-backslash for WordPress publishing.
June 25th, 2007 on 6:11 pm
JD To the best of my understanding Windows (under W2K at least) used the Simple Network Time Protocol (SNTP RFC 1769 and 2030) which relied in most cases on broadcasts, and if desired could be configured to use multicast. However, under W2K3 and WXP (at least SP2, not sure about earlier) Windows has used NTP. I used to see it trying to cross my firewall all the time, and had to make a registry edit to make sure my clients only synched with my Domain Controllers and not Windows time servers or nist.gov time servers.
Which states in part:
The Windows Time service uses the Network Time Protocol (NTP) to help synchronize time across a network. NTP is an Internet time protocol that includes the discipline algorithms necessary for synchronizing clocks. NTP is a more accurate time protocol than the Simple Network Time Protocol (SNTP) that is used in some versions of Windows; however W32Time continues to support SNTP to enable backward compatibility with computers running SNTP-based time services, such as Windows 2000.
So again I am wondering because you've got me curious, where did you find that Windows currently uses the Time Protocol as defined in 868? Is this like a combo meal where it somehow ties together with NTP like fries with a burger?
Thanks! Oh, almost forgot, thanks for the reg file, worked like a charm!
James D. Murray
June 26th, 2007 on 9:22 am
Mark, I've verified using Wireshark that Windows XP is sending an NTP message when the Update Now button is clicked. This is good news in that Windows XP (and Vista) is, in fact, using NTP. However, time.nist.gov is still not responding, leading me to believe that this time server is temporarily out of service for all time synchronization requests. Pointing instead to time-a.nist.gov or time-b.nist.gov still looks like a necessary thing to do.
Black Mage
July 3rd, 2007 on 8:08 pm
Excellent article, Mr. Murray. I, too have my home PC set to acquire the time automatically. I haven't checked it in awhile, so if it's off, I will definately be paying Regedit a visit! Thanks!
July 9th, 2007 on 7:24 pm
You can force Windows 2000 to use NTP should you wish to.
You should open a firewall rule for UDP port 123 to the broadcast address (192.168.x.255) if you've got more than 1 computer updating its time to a NTP server. Just thought it was worth a mention.
July 11th, 2007 on 4:08 am
In XP you don't need to edit the registry to add a time server.
Double click the time in the bottom right of the screen to bring up the Date and Time properties window, select the Internet Time tab, edit the Server field and click the Apply button to add the new server to the pull-down list of servers.
August 7th, 2007 on 6:09 pm
Looks like there is a problem with all of the listed sites:
time.nist.gov Through wireshark it is NTP (port 123) and it responds however XP Time/Date page still shows an error.
time-a.nist.gov Through wireshark it is NTP (port 123) and it responds however XP Time/Date page still shows an error that it is receiving duplicate packets. Wireshark verifies this.
time-b.nist.gov Through wireshark it is NTP (port 123) and it responds however XP Time/Date page still shows an error that it is receiving duplicate packets. Wireshark verifies this.
There is an issue and I have not found any help in TechNet about this. Any ideas?
Also, be advised, that having your time correct is very, very important if you are using site-to-site VPN or client-to-site VPN. In the later case you must point your laptop users to a public NTP server otherwise they cannot verify NTP before connecting to the VPN and, if they are even a minute off, they may not connect properly or at all.
James D. Murray
August 8th, 2007 on 8:26 am
I just checked and both time-a.nist.gov and time-b.nist.gov are working for me, and time.nist.gov is not responding as expected. It's possible that these hosts were down for a while due to problems or maintenance.
September 15th, 2007 on 4:32 pm
I would also like to add that if the the clock is 15 hours of from the time it will not update.
December 3rd, 2007 on 8:38 pm
I have been having the SAME problem as everyone else .THANKFULLY some good soul on another page figured out what was wrong.
Im 99% sure the problem is with McAfee firewall, HERE is how you fix it quickly and easily:
For anyone else pulling their hair out, open McAfee.
Go to the Advanced menu if you aren't already there.
Click on the Configure box.
On the left, click on Internet & Network.
Now click the second grey row that says Firewall protection is enabled. Click Advanced
On the left, click System Services.
Check the box next to Network Time Protocol Port 123. Click Apply, then OK.
Then follow the synchronization steps as usual (only it's best to enter another website than the junk ones they have listed).
This worked! THANK God!
James D. Murray
December 12th, 2007 on 10:36 am
I wonder why the McAfee firewall didn't automatically open the port when it was installed. My only guess is that the Windows network time service wasn't running on that computer when McAfee firewall was installed, therefore it left the port closed. However, when the service was later started, the McAfee firewall should have popped-up a box indicating that the was trying to connect to the specified network time server.
I would suggest sending an email to McAfee's tech support describing this problem and solution and let us know what they say about it.
January 15th, 2008 on 9:11 am
Thanks, Nick It was McAfee. I'm using the free McAfee software that comes with Comcast. This has been bothering me for years. Yes, McAfee should have the default set to ON.
James Murray you should consider putting a Note about this fix at the top of your page. I almost didn't read down this far. (esp. since Vista is more prevalent, and NTP isn't as likely to be the cause).
June 26th, 2008 on 12:31 pm
I had the same probem with the XP firewall
Opening the Firewall settings you go to Advanced, then ICMP and Settings. Then you check the appropriate checkbox (2nd from the top, I have a Danish version and prefer not to translate ).
That worked for me.
November 2nd, 2008 on 3:07 pm
I tried to do it the easy way, but my TimeServers.Reg didn't seem to work for some reason.
I think it's because of that Backslash thing Al (Above comments) talked about, so what backslashes is the Reg (Above) missing?
November 15th, 2008 on 11:32 pm
I tried what Nick saidand it STILL doesn't work.
January 19th, 2009 on 11:29 am
Just change all the double slashes after HKEY_LOCAL_MACHINE into single slashes. Works.
February 14th, 2009 on 1:16 pm
McAfee was the culprit for me as well Thanks Nick for the detailed instructions and for the initiator + other participants of the discussion.
February 22nd, 2009 on 3:26 am
I was having this very same problem when contacting any of the servers I could fine.
When I disabled the Windows Firewall, all of the locations started to work. I figured out the ports for the time.windows.com site, but still can't get the *.nist.gov sites working.
White having time.windows.com is good, best would be to have all the various servers available to me. I tried TCP and UDP port 123 (as well as several other ports) to no avail, though.
One thought was to enable the application to be an exception. Does anyone know of the application's name for the purpose of the Windows Firewall exception list?
The other possibility is to add ports one at a time till it works (TCP & UDP) and then start deleting ports and see if / when it stops working. This would take a long time.
BTW, I'm using Windows XP Pro x64, though, that shouldn't make a difference. OH!! Another thought ..
What about a program that could show me what port the program is trying to use (unsuccessfully)?
April 12th, 2009 on 2:07 pm
Thanks Nick, McAfee was the culprit for me too.
May 28th, 2011 on 4:38 pm
Please help me:
In May 29 2011, I found my windows vista clock set to Nov 18 2008; so I fixed to the real date.
I wonder how this is related to automatic time setting errors?:
Then my outlook express stop working, it does not open and a error windows reads:
Cannot start Microsoft Office Outlook. Cannot open th Outlook window. The set of folders cannot be opened. Errors have been detected in the file C:\Users\Rod\AppData\Local\Microsoft\Outlook\R.L.p st. Quit Outlook and all mail-enabled applications, and use the inbox repair tool (Scanpst.exe) to diagnose and repair errors in the file. For more information about the Inbox repair tool, see help.
I cannot change any setting in outlook, creating a new .pst because outlook it self does not even open.
August 15th, 2011 on 3:34 pm
Thanks for this, I've been having major problems getting my clock to sync. I've tried everything. My Netgear UDP port 123 is open, as is my Windows Firewall. Nothing seemed to work. But thanks to Dimitris for pointing out that if your clock is out by 15 hours it will never sync.
I manually adjusted my clock to around the right time, then tried to sync again with time.nist.gov and it worked.
I'm using Windows Vista Home Premium SP2 on a Dell Inspiron 531 desktop.
Unfortunately my clock keeps losing time so I'm guessing my CMOS battery could be flat?
August 30th, 2011 on 8:35 pm
Rod and Jai, off the top it appears your CMOS battery is flat.
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