text:
Over 2+ years of experience in enterprise Web application development with Oracle as backend database and Java/J2EE technologies services.
Ability to work independently, good communication skills, has experience in working on complex and medium to large projects.
Person should have good understanding of SDLC and flair to follow the processes.
Strong in Fine-tuned SQL queries in Oracle Database.
Should have ability to write performance optimized PL/SQL codes using Collection, Pipelined functions, GTT etc.
Good hands on in query performance tuning.
Well versed in tolls like SQL Developer.
Must have basic knowledge of Explain Plan and other performance tuning tools.
Should possess knowledge of Indexes, IOT, Partitions, Joins, Index Access methods.
Basic Knowledge of Data Modelling.
Knowledge of Core Java, J2EE and WebLogic will be a plus.
Should possess basic Unix knowledge to be able to write and understand basic shell scripts and basic Unix commands
Good architectural skills on Java/J2EE and Oracle based solutions
Financial markets background is preferable but is not a must
Key Responsibilities:
A seasoned SME and technical specialist in On boarding/AML/KYC domain
Technical hands on experience
Needs to be able to react and provide quick turnaround to business requirements and management requests
Should able to develop functional specification and technical design document.
Support day-to-day BAU activities for Citi Private Bank On boarding/AML/KYC platform
Well versed in Software Development Life Cycle
Financial Performance Tuning Pl/sql Projects J2ee Java Unix Large Projects


text:
Good HR Isn't Just Good HR Anymore
Disruptions Trends in technology, mobile, data and social media are
Man (or woman) Caught in the Middle
Just as your computer systems will not work without strong middleware software, the same
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The process to get started on your social business transformation journey can

subset: commoncrawl


text:
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text:
Some XXFX type for sure
Some XXFX type for sure
Let thought and reasoning be your guide, it certainly is mine!
Always forward, never back!
I'm an idiot, but I'm willing to learn. So that separates me from the idiot who isn't.
My blog in regular blogs
Hmm im not sure. There are elements that...might make me consider Fe, although not with dominance. But...then again it could be my misinterpretation. I shall watch for more information.
"An upsidedown wire heart
Being sucked into a periscope
Still the mind is dull
Like you need another excuse"
… a theory is primarily a form of insight, i.e. a way of looking
at the world, and not a form of knowledge of how the world is….
.. all our different ways of thinking are to be considered as
different ways of looking at the one reality, each with some
domain in which it is clear and adequate…. - David Bohm
Yeah seems to be SO/SX
AffirmativeAnxiety has a point.......... you do have a bit of an INFJ vibe, actually that could be the type for the both of you enigmas Still, just a guess.
Edit: See my full type below and comment on any or all parts of it.
Tune into Ventrilo weeknights between 6pm and 1am PST for continuation of universe dominating shenanigans and occassional type-related propaganda.........
NFP for sure.
"I'm not in this world to live up to your expectations and you're not in this world to live up to mine. "
-Bruce Lee
I think ISFP fits nicely.
Some kinda INXX? I was never too certain of it, tbh. :o
strikes me as a funny intp, but I'll roll with it
For all that we have done, as a civilization, as individuals, the universe is not stable, and nor is any single thing within it. Stars consume themselves, the universe itself rushes apart, and we ourselves are composed of matter in constant flux. Colonies of cells in temporary alliance, replicating and decaying and housed within, an incandescent cloud of electrical impulses. This is reality, this is self knowledge, and the perception of it will, of course, make you dizzy.


text:
MORE than 700 houses, a primary school and sports pitches could be built in Bicester if plans are approved tonight.
Countryside Properties have submitted the plans to Cherwell District Council for 36.9 hectares of land between Middleton Stoney Road and Vendee Drive.
The application was first submitted in June but was deferred so changes could be made to the positions of public spaces and allotments.
Planning officers then said there was not enough open space and wider streets were needed.
Changes have been made to the plans which now seek 709 homes, a school, an extra care nursing home, play spaces, sports pitches and allotments.
A total 35 per cent of the homes would need to be affordable houses, bungalows and flats for the council to give permission, planning officers have said.
It is also dependent on a yet-to-be-agreed cash sum for the wider community such as a suggested £122,903.90 for the allotments project.
This land is phase two of the South West Bicester site, phase one is already in development.
- Do you want alerts delivered straight to your phone via our WhatsApp service? Text NEWS or SPORT or NEWS AND SPORT, depending on which services you want, and your full name to 07767 417704. Save our number into your phone's contacts as Oxford Mail WhatsApp and ensure you have WhatsApp installed
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- Oxford United send match tickets to fans caught up in season ticket delay


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Top 10 Mockingbird Station Shopping Hotel Deals
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text:
Motown Worship CD
by Various;
Out of stock
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Motown Worship CD
Full Product Description
Motown Worship CD by Various was published by Capitol CMG in September 2016. The ISBN for Motown Worship CD is 602547486004.
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|6th December 2016
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>> The Conclave
>> Guest Reviews & RatingsPrint this page
The Conclave
Gachi Bowli, Hyderabad, Telangana - 500 008
Starting from Rs. 1,374
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Why We Need Missions to Earth
Air Date: 07/14/2008
Run Time: 0:28:52
Listen to the full show:
Or Download mp3
- Berrien Moore, Climate Central Executive Director
Topics:Support Planetary Radio
Former University of New Hampshire Professor Berrien Moore shared the 2007 Nobel Peace Prize and now heads Climate Central. He talks about participation in a recent Planetary Society delegation to Washington regarding Earth observation missions, and expands on his article in The Planetary Report. Bill Nye on discovery of water at Mercury. Emily Lakdawalla's Q&A, and What's Up enjoys a burger, fries, and the night skies, and announces a new space trivia contest.
No trivia contest spoilers please!
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Essential Advocacy
Our Advocacy Program provides each Society member a voice in the process.
Funding is critical. The more we have, the more effective we can be, translating into more missions, more science, and more exploration.
Space in Images
Pretty pictures and
awe-inspiring science.
Join The Planetary Society
Let's explore the cosmos together!


text:
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Dora, the perfect package! She is sweet and lovable and would love to be a part of a family again. Make her dreams come true! Dora is on the right in the picture with 2 dogs.
NOTE FROM A VOLUNTEER: Me and my son spent time with Dora today. She is the sweetest dog. A great walker on the leash and very affectionate. she just wants extra love and we gave it to her!!!
From her foster mom.... Sweet, sweet Dora...she is such an awesome little girl. She is a super snuggler and loves to curl up on the couch or in the bed with us. She can be very energetic at times and will run circles around our back yard with the other dogs. She loves toys and will even play tug of war with another foster. She doesn't seem to care about my cats, and hasn't tried to chase any of them (which is unusual for my fosters). She loves my kids (8 and 4) and plasters them with doggy kisses constantly. She is crate trained, but is never excited about going in. We have to put her in. She doesn't resist...just doesn't want to be there. She is almost house broken, but still has the occasional accident. She is slightly timid and shy, but warms up quickly.


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March 6, 2013
COTTMAN TRANSMISSIONS SYSTEMS, LLCv.MICHAEL GANO, ET AL.
On September 12, 2012, Cottman Transmissions Systems, LLC ("Cottman") brought suit against Michael Gano ("Gano") and 412 Automotive, L.P. ("412 Automotive") (collectively, the "Defendants"), alleging trademark infringement, unfair competition, fraud and deceit,*fn1 and breach of contract. Cottman moved for a preliminary injunction on September 19, 2012, asking the court to enjoin the Defendants from using the Cottman name in the performance of any of its services, and to enforce a non-compete clause under the License Agreement. When Gano failed to answer Cottman's complaint, Cottman moved for a default judgment pursuant to Federal Rule of Civil Procedure 55. On January 28, 2013, I held a hearing for Cottman's request for a final injunction and to assess damages. Gano again failed to appear to defend. Having considered Cottman's testimony and exhibits offered into evidence, as well as its written submissions, I make the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52.
A. Service of Process
1. Michael Gano is an adult individual who was personally served in connection with this matter on two separate occasions by the same process server, Dennis Heath, Jr. On October 4, 2012, Gano was served with the Summons and Complaint in this matter at his place of business: 4518 State Route 136, Greensburg, Pennsylvania 15601. (Aff. of Serv., Oct. 4, 2012, ECF No. 6.) On November 18, 2012, Gano was personally served at his residence located at 357 Elm Dr., Greensburg, Pennsylvania 15601, with the court's Order of September 19, 2012, which stayed Cottman's motion for a preliminary injunction until service was effected, along with Cottman's motion for a preliminary injunction. (Aff. of Serv., Nov. 18, 2012, ECF No. 11.)
2. On October 4, 2012, 412 Automotive was served with the Summons and Complaint by Heath at 4518 State Route 136, Greensburg, Pennsylvania 15601. (Aff. of Serv., Oct. 4, 2012, ECF No. 7.) On November 5, 2010, it was served with the court's Order of September 19, 2012, and Cottman's motion for a preliminary injunction at the same address. (Aff. of Serv., Nov. 5, 2012, ECF No. 12.)
3. Though he failed to answer the complaint or appear in court to defend the allegations against him, Gano was fully aware of this suit and the court's proceedings. (Decl. of William B. Johnson, ECF No. 14-1.)
B. Cottman Trade Name and Trademarks
4. Since 1963, Cottman has continually used the name "Cottman" as its trade name, trademark, and service mark in connection with the operation of its transmission and automotive repair centers. (Pl.'s Ex. P-1 ¶ 3; Wright Test.)
5. Cottman is the owner of said marks, which are registered on the principal register of the United States Patent and Trademark Office. (Pl.'s Ex. P-1 ¶ 4; Wright Test.)
6. Cottman is engaged in interstate commerce through its business of franchising and licensing other entities to use the mark and "Cottman" name in the operation of transmission repair centers throughout the United States. (Pl.'s Ex. P-1 ¶ 5; Wright Test.)
7. The "Cottman" trade name and trademark have become universally associated with the repair of motor vehicle transmissions and the operation of transmission repair centers. (Pl.'s Ex. P-1 ¶ 6; Wright Test.)
8. Cottman has a vital interest in protecting its trade name and trademarks, and the preservation and protection thereof are essential to the maintenance of Cottman's quality transmission repair centers and the goodwill and reputation associated therewith. (Pl.'s Ex. P-1 ¶ 10; Wright Test.)
C. License Agreement
9. On December 16, 2008, Cottman and Gano entered into a License Agreement, pursuant to which Gano was authorized to use the name and mark "Cottman" in connection with the operation of an automotive repair center (the "Center") located at 4518 State Route 136, Greensburg, PA 15601. (Pl.'s Ex. P-2; Wright Test.)
10. Gano executed a Transfer of License with Cottman, whereby the License Agreement was assigned to 412 Automotive, which agreed to assume and become liable for the obligations of Gano. (Pl.'s Ex. P-2, p. 24.) The Transfer of License provides that notwithstanding the transfer to 412 Automotive, Gano shall remain "personally liable in all respects under the License Agreement" to Cottman.(Id.; Wright Test.)
11. As provided under the License Agreement, Cottman shared with the Defendants its proprietary systems and manuals, customer lists, software, and trade secrets for operating a successful automotive repair business. (Pl.'s Ex. P-1 ¶¶ 16-17; Wright Test.)
12. In the spring of 2010, Cottman audited the Defendants' Center and discovered that they were underreporting sales to Cottman in order to escape payment of license fees due and owing to Cottman. (Pl.'s Ex. P-1 ¶ 18; Wright Test.) Defendants were also issuing nonCottman repair orders to customers. (Pl.'s Ex. P-1 ¶ 19; Wright Test.)
13. On February 23, 2012, Cottman performed another audit of the Defendants' Center and again discovered that Defendants continued to underreport sales and underpay franchise fees. (Pl.'s Ex. P-1 ¶ 22; Wright Test.)
14. In a letter dated March 20, 2012, Cottman notified the Defendants that they were in material breach of the License Agreement and must pay all sums due and owing to Cottman within ten days. (Pl.'s Ex. P-3; Wright Test.) Defendants failed to comply with Cottman's demand for payment. (Pl.'s Ex. P-1 ¶ 28; Wright Test.)
15. In a letter dated April 30, 2012, Cottman terminated the License Agreement for the Defendants' failure to pay sums due and owing to Cottman. (Pl.'s Ex. P-4; Wright Test.)
16. Pursuant to the License Agreement, upon termination "for any reason" the Defendants were to pay all amounts owed to Cottman; discontinue the use of all Cottman names, marks, forms of advertising, signage, and structures; return to Cottman all proprietary information, including manuals and software; and make no representations that the Defendants are or continue to be approved, endorsed, or licensed by or associated with Cottman. (Pl.'s Ex. P-2, p. 17.)
17. The License Agreement also states with particularity the terms of the "Covenant Not to Compete." Specifically, upon termination of the License Agreement, the Defendants agreed not to begin or engage in any business the same, similar to, or in competition with the business of the Center for a period of two years within a specified geographical range. The specified range was within a ten-mile radius of the Defendants' former Center and a three-mile radius of any other Cottman center in existence at the time of the License Agreement termination. (Pl.'s Ex. P-2, p. 18.) The License Agreement also states that if the Defendants do not obey the terms of the non-compete agreement upon termination of the License Agreement, thus forcing Cottman seek equitable relief through the judicial system, then the non-compete agreement will remain in effect for a period of two years from the date that such relief is granted. (Pl.'s Ex. P-2, p. 19.)
18. As of January 28, 2013, Defendants had neither paid Cottman the sums owed pursuant to the License Agreement, nor discontinued their use of the Cottman marks, proprietary information and manuals, signage, letterhead, and warranties. (Pl.'s Exs. P-5 to P-8.)
D. Damage to Cottman's Good Will
19. The Center was originally established under the Cottman trademark in September of 1996, and has been continually advertised as a Cottman center since. (Pl.'s Ex. P-1 ¶ 15; Wright Test.)
20. Defendants did not become Cottman franchisees until several years after the Center was established and after the business was already known in the community as "Cottman." (Pl.'s Ex. P-1 ¶ 34; Wright Test.)
21. Cottman has two other Cottman Transmission Centers in the Greater Pittsburgh Area,*fn2 where Defendants' Center is located. (Wright Test.)
22. By continuing to operate a transmission repair business at the former Center location in Greensburg, Pennsylvania, Defendants are benefitting from the reputation and goodwill that Cottman has developed in the Greensburg community. (Pl.'s Ex. P-1 ¶ 32; Wright Test.)
23. Customers continue to patronize the Defendants' Center under the belief that the Center is affiliated with Cottman and that all work is guaranteed pursuant to a Cottman warranty. (Pl.'s Ex. P-6 to P-9.) Thus, it is evident that confusion over the Defendants' use of the "Cottman" marks exists.
24. In addition, because Defendants continue to operate from a former Cottman Transmission Center with access to Cottman proprietary information and trade secrets, Cottman has not been able to find a potential franchisee to open a competing Cottman center, as any franchisee would be at an unfair and possibly economically detrimental disadvantage.(Wright Test.)
25. Cottman maintains a strong interest in the ability to police its franchisees. This interest also serves the public interest as customers may maintain the peace of mind that they are receiving repair parts and warranties from a bona fide Cottman Transmission Center. (Pl.'s Ex. P-1 ¶¶ 43, 47; Wright Test.)
E. Economic Damages
26. Under the License Agreement, Defendants were required to pay Cottman a continuing license fee equal to 7.5% of the gross business transacted at the Center. (Pl.'s Ex. P-2 ¶
8.a; Wright Test.; Freeman Test.) When Cottman does not receive the Defendants' weekly Center sales report, it is entitled to estimate sales based on an average of weekly gross sales from previous weeks. (Pl.'s Ex. P-2 ¶ 8.d; Wright Test.; Freeman Test.)
27. Under the Licensing Agreement, Defendants were also required to pay Cottman a continuing advertising fee in the amount of $750.00 per week. (Pl.'s Ex. P-2 ¶ 9.a; Wright Test.; Freeman Test.)
28. Returned electronic funds transfers ("EFTs") are electronic withdrawals initiated from Defendants' bank account but later rejected by the Defendants' banking institution. In such situations, Cottman debits the returned payment under the heading "Returned EFTs." (Wright Test.; Freeman Test.)
29. Defendants did not make any payments to Cottman after March 20, 2012. (Wright Test.; Freeman Test.)
30. As of April 30, 2012-the date of the termination of the License Agreement-the Defendants owed Cottman the following:
Franchise fees (estimated from unreported weeks) $1,363.29 Advertising fees $9,750.00 Returned EFTs, late fees and misc. $3,524.14
TOTAL $14,637.43 (Pl.'s Ex. P-10; Wright Test.;Freeman Test.)
1. Cottman alleges trademark infringement and unfair competition under 15 U.S.C. § 1125 of the Lanham Act, and unfair competition and breach of contract under Pennsylvania law. It seeks monetary damages, attorney fees, and a permanent injunction that would prohibit the Defendants from continuing to use any and all "Cottman" marks and would enforce the non-compete agreement, as stated in the License Agreement.
A. The Lanham Act
2. "The Lanham Act defines trademark infringement as use of a mark so similar to that of a prior user as to be 'likely to cause confusion, or to cause mistake, or to deceive.'" Kos Pharm., Inc. v. Andrx Corp., 369 F.3d 700, 711 (3d Cir. 2004) (quoting 15 U.S.C. § 1114(1)).
3. "[It] was intended to make 'actionable the deceptive and misleading use of marks' and 'to protect persons engaged in . . . commerce against unfair competition.'" Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 767-78 (1992) (quoting 15 U.S.C. § 1127).
4. To prove trademark infringement or unfair competition under the Lanham Act, "a plaintiff must show that: (1) the mark is valid and legally enforceable; (2) the mark is owned by the plaintiff; and (3) the defendant's use of the mark is likely to create confusion concerning the origins of the goods or services." Freedom Card, Inc. v. JPMorgan Chase & Co., 432 F.3d 463, 470 (3d Cir. 2005) (quoting A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 166 F.3d 197, 202 (3d Cir. 1999)) (internal quotation marks omitted).
5. As stated above, Cottman is the owner of the marks at issue. It has provided sworn affidavits that it is the owner of the marks and that the marks are valid and legally enforceable, which a basic search of the U.S. Patent and Trademark Office's database confirms, thus satisfying the first two elements under the Lanham Act. (Pl.'s Ex. P-1; Wright Test.)
6. With respect to the third element, "[a] likelihood of confusion exists when consumers viewing the mark would probably assume that the product or service it represents is associated with the source of a different product or service identified by a similar mark." Freedom Card, 432 F.3d at 470 (quoting A&H Sportswear, 237 F.3d at 211) (internal quotation marks omitted). "'When an infringer uses the exact trademark' as the plaintiff," as is the case here, "'there is a great likelihood of confusion.'" S & R Corp. v. Jiffy Lube Intern, Inc., 968 F.2d 371, 375 (3d Cir. 1992) (quoting Opticians Ass'n of Am.
v. Independent Opticians of Am., 920 F.2d 187, 192 (3d Cir. 1990)); see Opticians, 920
F.2d at 195 ("Thus, likelihood of confusion is inevitable, when . . . the identical mark is used concurrently by unrelated entities.").
7. Therefore, because the Defendants continue to use the "Cottman" marks, and additionally because Cottman has provided evidence that such confusion is manifest amongst its customers, I conclude that the Defendants are in violation of the Lanham Act pursuant to
B. Common Law Unfair Competition
8. "A Pennsylvania common law cause for unfair competition is identical to the Lanham Act, without the federal requirement of interstate commerce." R.J. Ants, Inc. v. Marinelli Enterprises, LLC, 771 F. Supp. 2d 475, 489 (E.D. Pa. 2011) (citing Allen-Myland v. Int'l Bus. Machs. Corp., 746 F. Supp. 520, 553 (E.D. Pa. 1990); Moore Push-Pin Co. v. Moore Business Forms, Inc., 678 F. Supp. 113, 116 (E.D. Pa. 1987)).
9. Accordingly, because I have concluded that the Defendants are in violation of the Lanham Act, it follows that they are also in violation of unfair competition under Pennsylvania common law.
C. Breach of Contract
10. "Pennsylvania law requires that a plaintiff seeking to proceed with a breach of contract action must establish '(1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract, and (3) resultant damages.'" Ware v. Rodale Press, Inc., 322 F.3d 218, 226 (3d Cir. 2003) (quoting CoreStates Bank, N.A. v. Cutillo, 723 A.2d 1053, 1058 (Pa. Super. Ct. 1999)).
11. As stated above, Gano signed a License Agreement with Cottman and transferred the rights and duties under that agreement to 412 Automotive, but ultimately remained personally liable in all respects under the License Agreement. (Pl.'s Ex. P-2, p. 24.) The Defendants breached their duty under the License Agreement when they failed to pay the franchise and advertising fees. This breach resulted in a monetary loss to Cottman of $14, 637.43.
12. Based on the evidence provided by Cottman, I conclude that the Defendants did breach their contract with Cottman, and therefore owe Cottman $14,637.43 in compensatory damages.
D. Permanent Injunction and Non-compete Agreement
13. Due to the Defendants' violation of the Lanham Act and associated common law claims, Cottman requests a permanent injunction to prevent the Defendants from further using in any manner any "Cottman" proprietary marks and to return to Cottman all proprietary information and materials still in the Defendants' possession. Cottman also seeks to enforce the non-compete agreement from the License Agreement, which would prevent the Defendants from operating or continuing to operate an automotive repair business within ten miles of Defendants' Center and within three miles of any other Cottman Transmission Center for a period of two years.
14. "A permanent injunction issues to a party after winning on the merits and is ordinarily granted upon a finding of trademark infringement." Lermer Germany GmbH v. Lermer Corp., 94 F.3d 1575, 1577 (Fed. Cir. 1996).
15. In seeking a permanent injunction, "[a] plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that the remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction." eBay Inc.v. MercExchange, LLC, 547 U.S. 388, 391 (2006).
16. Cottman has suffered an irreparable injury due to the finding that, through the Defendants' continued use of the "Cottman" marks, confusion exists amongst customers who continue to patronize the Defendants' Center. See S & R Corp., 968 F.2d at 375 ("We have held that 'there is a great likelihood of confusion when an infringer uses the exact mark' as the plaintiff."); id. at 378 ("[T]rademark infringement amounts to irreparable injury as a matter of law.").
17. Other remedies available at law, such as monetary damages, are inadequate because they may not be sufficient to deter the Defendants from continued infringement. See Louis Vuitton Malletier and Oakley, Inc. v. Veit, 211 F. Supp. 2d 567, 585 (E.D. Pa. 2002).
18. The balance of hardships also weighs in favor of granting the injunction, as any detriment suffered by the Defendants due to the injunction would be self-inflicted harm. Novartis Consumer Health, Inc. v. Johnson & Johnson--Merck Consumer Pharm. Co., 290 F.3d 578, 596 (3d Cir. 2002) ("[T]he injury a defendant might suffer if an injunction were imposed may be discounted by the fact that the defendant brought the injury upon itself.").
19. Finally, an injunction in this case would not disserve the public interest, but rather would benefit the public interest through the protection of trademarks and guarding against public deception. See Opticians Ass'n of Am., 920 F.2d at 197 ("Public interest can be defined in a number of ways, but in a trademark case, it is most often a synonym for the right of the public not to be deceived or confused."); Bill Blass, Ltd. v. SAZ Corp., 751
F.2d 152, 156 (3d Cir. 1984) ("[T]he public interest is advanced by recognition of property interests in trademarks. Thus the public interest is advanced by preventing the erosion of the value of such interests.").
20. Therefore, because Cottman has satisfied the elements required for a permanent injunction to be issued, and because 15 U.S.C. § 1116 vests courts with the power to grant injunctions for trademark violations in accordance with the principles of equity, I conclude that a permanent injunction would be appropriate in this matter.
21. Under Pennsylvania law, "in order to be enforceable a restrictive covenant must satisfy three requirements: (1) the covenant must relate to either a contract for the sale of goodwill or other subject property or to a contract for employment; (2) the covenant must be supported by adequate consideration; and (3) the application of the covenant must be reasonably limited in both time and territory." Piercing Pagoda, Inc. v. Hoffner, 351 A.2d 207, 210 (Pa. 1976).
22. The Supreme Court of Pennsylvania has stated that Pennsylvania law "permit[s] the equitable enforcement of a covenant not to compete included in a franchise agreement where the restrictions are reasonably necessary for the protection of the franchisor without imposing undue hardship on the franchisee and the restrictions are reasonably limited as to duration of time and geographical extent." Id. at 212.
23. In order for a non-competition agreement "[t]o be reasonably necessary for the protection of the employer, a covenant must be tailored to protect legitimate interests." Victaulic Co. v. Tieman, 499 F.3d 227, 235 (3d Cir. 2007) (applying Pennsylvania law). "Generally, interests that can be protected through covenants include trade secrets, confidential information, good will, and unique or extraordinary skills." Hess v. Gebhard & Co. Inc., 808 A.2d 912, 920 (Pa. 2002). Furthermore, "the existing franchise itself is a legitimate business interest and therefore protectable." Piercing Pagoda, Inc., 351 A.2d at 211. Here, Cottman has provided ample evidence that the Defendants' continued use of the "Cottman" trademark is affecting its goodwill. Furthermore, Cottman has shown that through the continued operation of their Center, the Defendants continue to use Cottman's trade secrets and proprietary information for their own benefit and to the detriment of Cottman. The non-competition agreement only prevents the Defendants from engaging in a business "the same as, or similar to, or in competition with" another Cottman center. Therefore, I find the scope of the covenant reasonable to protect Cottman's goodwill and confidential information. See Rita's Water Ice Franchise Corp. v. DBI Inv. Corp., No. 96-306, 1996 WL 165518, at *4 (E.D. Pa. Apr. 8, 1996) (finding protection of product for which trade name and goodwill had value to be reasonable in scope).
24. Based on Pennsylvania precedent, I find the two-year duration of the non-competition to be reasonable. In similar franchise agreements, the Supreme Court of Pennsylvania has found restrictive covenants lasting up to three years to be reasonable. See Piercing Pagoda, 351 A.2d at 213.
25. I also find the non-competition agreement's geographical limitation to be reasonable, but only as it relates to the Greater Pittsburgh Area. Courts have found as reasonable a geographical restriction of a ten-mile radius from the infringing store location in similar situations, where the store at issue was an automotive repair center. See AAMCO Transmissions, Inc. v. Dunlap, No. 11-4009, 2011 WL 3586225, at *8 (E.D. Pa. Aug. 16, 2011); Maaco Franchising, Inc. v. Augustin, No. 09-4548, 2010 WL 1644278, at *3 (E.D. Pa. Apr. 20, 2010). It is also reasonable to restrict competition with other franchise centers within the same geographical area. See, e.g., Rita's Water Ice, 1996 WL 165581, at *4. However, a restrictive covenant that would limit competition within three miles of any other Cottman center in the United States, Canada, Puerto Rico, Australia, and the Virgin Islands, as is the case here, is overbroad and unreasonable. See Dunlap, 2011 WL 3586225, at *8; AAMCO Transmission, Inc., v. Graham, Nos. 89-4976 & 89-6379, 1990 WL 118050, at *3 (finding restrictive covenant that prevented opening of new automotive repair center within ten-mile radius of any AAMCO in U.S. to be overbroad; limited restriction to Denver and Aurora metropolitan areas).
26. "[W]here the covenant imposes restrictions broader than necessary to protect the employer, [the Pennsylvania Supreme Court has] repeatedly held that a court of equity may grant enforcement limited to those portions of the restrictions which are reasonably necessary for the protection of the employer." Sidco Paper Co. v. Aaron, 351 A.2d 250, 254 (Pa. 1976); see Dunlap, 2011 WL 3586225, at *8 ("Pennsylvania courts will modify, or blue pencil, non-compete agreements if the restriction is too broad but the franchisor is entitled to some protection.").
27. Accordingly, while I agree with the majority of the terms of the non-competition agreement, the three-mile radius limitation will apply only to other Cottman centers within the Greater Pittsburgh Area; however, the Defendants' Center will remain subject to the ten-mile radius restriction.
E. Attorney Fees
28. In addition to compensatory damages, Cottman requests attorney fees.
29. The Lanham Act allows a court to award reasonable attorney fees to the prevailing party in "exceptional cases." 15 U.S.C. § 1117. "Exceptional cases involve culpable conduct on the part of the losing party, 'such as bad faith, fraud, malice, or knowing infringement.'" Acumed LLC v. Advanced Surgical Serv., Inc., 561 F.3d 199, 230 (3d Cir. 2009) (quoting Securacomm Consulting, Inc. v. Securacom Inc., 224 F.3d 273, 280 (3d Cir. 2000).
30. Here, the Defendants continued to use the "Cottman" trademarks after the License Agreement was terminated and throughout the pendency of this suit, to which the Defendants offered no defense. Such continued use clearly constitutes knowing and willful infringement. Therefore, I conclude that attorney fees are appropriate.
For the reasons stated above, a permanent injunction-modified to reflect a reasonable geographic limitation-will be issued against the Defendants, and Cottman will be awarded compensatory damages and reasonable attorney fees. An appropriate order follows.
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Mora's Farmers' Market has been very successful this summer. When it started in July the vendors had fresh lettuce, radishes and other early vegetables. People came to get the fresh produce that was home grown. It was picked fresh the day of market and cleaned and ready for use. They honor WIC and food stamps now.
I continue to be amazed at how fast time flies, particularly when I get into area history. This was brought home to me just last week when I learned that the Chapman Lodge Number 2 of the Masonic Lodge in Las Vegas will soon be 99 years old. Yes, it is still active and does much for our community.
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The Eighth annual Outdoor Concert for the Birds and Kids Fun in Nature Day will take place from noon to 5 p.m. on Sunday at the Las Vegas National Wildlife Refuge Headquarters, just east of the city.
There are many fun events throughout the day. This year there will be very popular hayride beginning at noon. Another event will be archery lessons beginning at 1 p.m.
• Story Time at Carnegie Library, 10:30 a.m. and 4 p.m., Wednesday, Sept. 26, in the children's area of the public library. This week's book is "Dumpy's Apple Shop" by Julie Andrews Edwards. Free and open to the public.
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• The Guidance and Counseling Program of New Mexico Highlands University is offering counseling services to the community this semester. Call 454-3564. The counseling is confidential, free and supervised by the training professor of the Guidance and Counseling Program. The sessions are offered on Thursdays between 3 p.m. and 5 p.m.
• Story Time at Carnegie Library, 10:30 a.m. and 4 p.m., Wednesday, Sept. 26, in the children's area of the public library. This week's book is "Dumpy's Apple Shop" by Julie Andrews Edwards. Free and open to the public.
• Exhibition of paintings by Martin Montoya at New Mexico Highlands University's Ray Drew Gallery, the exhibit will be on display until Sept. 28. For more information, contact Bob Read at 454-3338.
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Parents of New Mexico Highlands University students will have the opportunity to get a taste of campus life during Parents Weekend this Saturday and Sunday.
"This is going to be an informative, fun and festive weekend for parents," said Yvette Wilkes, housing director. "First, they'll learn about academic expectations and all the support services we offer students on campus. Then, the parents will get to relax and enjoy some of the social aspects of campus with their student."
• Energy Concepts Solar will hold a free Solar Financing Workshop from noon to 1 p.m. on Friday, Sept. 21 at Charlie's Spic and Span. The workshop will focus on how people can finance solar upgrades for their homes. To RSVP and for more information, email firstname.lastname@example.com or call 454-0614 ext.1.
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What Makes Nature Tick?
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By (author) Roger G. Newton
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What Makes Nature Tick? by Roger G. Newton
Book DescriptionThe physical sciences are not obscure, nor are the phenomena they explain. We see the wonders of nature and the symmetry beneath, but these are often framed in strange symbols and concepts. Roger Newton's account of how physicists understand the world allows novices to explore both the mysteries of the universe and the beauty of the science that gives shape to the unseeable. This text contains discussions of solitons and superconductors, quarks and strings, phase space, tachyons, time, chaos, and indeterminacy, as well as the investigations that have led to their elucidation. Newton shows us how physicists formulate the questions - a process in which intuition, imagination and aesthetics have a surprisingly powerful influence.
Buy What Makes Nature Tick? book by Roger G. Newton from Australia's Online Bookstore, Boomerang Books.
Book DetailsISBN: 9780674950825
(234mm x 156mm x 14mm)
Pages: 272
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 6-Sep-1994
Country of Publication: United States
Other Editions...
Books By Author Roger G. Newton
From Clockwork to Crapshoot, Paperback (November 2009)
Science is about 6000 years old while physics emerged as a distinct branch some 2500 years ago. This title provides the perspective needed to understand contemporary developments in physics in relation to philosophical traditions as far back as ancient Greece. It presents a history of physics from the early beginning to our day.
Galileo's Pendulum, Paperback (October 2005)
Covering topics from the invention of time zones to Isaac Newton's equations of motion, "Galileo's Pendulum" is an authoritative and engaging tour through time of the most basic all-pervading system in the world.
Thinking About Physics, Paperback (March 2002)
Covers topics such as quantum mechanics, classical mechanics, field theory, thermodynamics, the role of mathematics in physics, and the concepts of probability and causality. This book is intended for advanced undergraduate students, professors, and researchers.
Truth of Science, Paperback (March 2000)» View all books by Roger G. Newton
The very notion of scientific truth is in question. This book aims to offer a constructive response to those who contend that there is no such thing as verifiable objective truth - without which there could be no scientific authority.
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How do I clean around the house when cats have pooped in my mulch? Can I put something around the mulch to keep cats out?
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A friend had problems with stray cats and she used moth balls. I also tried it in my flower beds to keep my cats out. Works well. Good luck.
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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August 16, 1963
UNITED STATES of America, Plaintiff,
INTERNATIONAL BOXING CLUB OF NEW YORK, INC., et al., Defendants
The petitioners, Madison Square Garden Corporation, a Michigan corporation, and Madison Square Garden Boxing, Inc., its wholly owned New York corporate subsidiary, have moved for an order declaring that the final judgment has no application to them, or, alternatively, construing paragraphs 4 and 16 of the final judgment. As to paragraph 4, petitioners ask that it be construed as not prohibiting them from entering into a contract with a boxer providing for the promotion of more than a single professional boxing contest between that boxer and others within 8 months or, alternatively, modifying this paragraph so as to permit petitioners to contract with a boxer providing for the promotion of more than one bout. As to paragraph 16, petitioners ask that it be construed as having expired, or, alternatively, to modify the said paragraph by providing that the prohibition of the said paragraph shall expire upon this decision.
This suit under the anti-trust laws was filed in 1952 against International Boxing Club of New York, Inc., a New York corporation, International Boxing Club of Illinois, an Illinois corporation, Madison Square Garden Corporation, a New York corporation, James D. Norris and Arthur M. Wirtz. After trial a final judgment and decree was entered on July 2, 1957 (United States v. International Boxing Club, 171 F.Supp. 841 (S.D.N.Y.1957)). The decree was affirmed by the United States Supreme Court. International Boxing Club v. United States, 358 U.S. 242, 79 S. Ct. 245, 3 L. Ed. 2d 270 (1959).
Paragraph 4 of the decree provides:
'The defendants, and each of them, are restrained and enjoined from entering into, directly or indirectly, any contract, agreement, or understanding, which provides, in terms or in effect, that a boxer shall not engage in a professional boxing contest for any person other than the defendants, or any of them. Provided, however, that nothing in this Section Four (4) shall be construed to prevent the defendants, or any of them from entering into a contract with a professional boxer providing for the promotion of a single professional boxing contest. After five (5) years from the date of entry of this Final Judgment, this provision shall not prevent the defendants, or any of them, from entering into a contract with a professional boxer providing for the promotion of a single professional boxing contest which contract may contain a provision that the contracting defendant shall have the right to promote one (1) return professional boxing contest between the same boxers within a period of not more than eight (8) months from the date of such professional boxing contest.'
Paragraph 16 of the decree provides:
'For a period of five (5) years from the date of entry of this Final Judgment, the defendant Madison Square Garden Corporation is hereby restrained and enjoined from promoting, directly or indirectly, more than two professional championship boxing contests held during any period of twelve (12) consecutive months.'
On the hearing of this application, we ruled that the injunction of paragraph 16, which prohibited defendant from promoting more than two championship bouts in a year, had expired on July 2, 1962, which was the end of the five-year period set by the decree, irrespective of the stay imposed during the pendency of the appeal. In spite of the fact that the injunction was rendered inoperative from October 29, 1957 to February 6, 1959, when the mandate from the Supreme Court became effective, we think that this was a sufficient time in which remedial and corrective measures by way of Governmental regulation, if any were to be imposed, or voluntary reformation could be effected. Whether or not it was voluntary, it appears from petitioners' brief that neither it nor its predecessor has during this time promoted more than two championship bouts a year. We also ruled that the decree applied to petitioners from the time they acquired the assets of defendant Madison Square Garden Corp., New York, including its stock and the arena Madison Square Garden, not only because petitioner succeeded to the title of defendant Madison Square Garden Corp., New York, but particularly in view of the fact that the ownership and control of the Garden as an arena suitable for presenting boxing contests was one of the principal means by which the conspiracy was made effective.
The command in the decree that defendant International Boxing Club of New York, Inc., be dissolved and that Norris and Wirtz divest themselves of their stock in Madison Square Garden Corp., makes it clear that a reorganized defendant to be bound by the prohibition of the decree was contemplated, or the decree would become a nullity.
This leaves for determination but one aspect of the relief sought by defendants and that is a construction of paragraph 4, which would not prohibit defendants from contracting for the promotion of 'more than a single professional boxing contest' within 8 months or less or, in the alternative, a modification of paragraph 4 to so enable defendants. It is conceded by petitioners that there is no ambiguity in the first sentence of paragraph 4 and it is conceded by the Government that the 5-year period provided for in the third sentence has expired.
We, therefore, have an express prohibition against defendants entering into an exclusive contract with one boxer -- be it with the same or different opponents -- with an exception against this prohibition made in favor of one return bout between the same boxers within a period of not more than 8 months. So that under the unambiguous terms of this paragraph, beyond this 8-month return bout, defendants may not in the one contract sign up one boxer for any further bouts.
Any other interpretation makes nonsense of the entire paragraph, if not the decree.
The sole question, therefore, is whether conditions have so changed in the past five years as to justify a modification of the paragraph to lift this contractual prohibition and permit petitioner to sign up a boxer in the one contract to one or more contests with other boxers.
A hearing was held by the Court at which defendant and the Government presented evidence in support of and in opposition to such a modification respectively.
According to petitioners, the severe competitive disadvantage suffered by them is that, in the course of their business at considerable cost, they bring a boxer to New York from another state or a foreign country and are then precluded from deriving adequate financial benefits from the venture because they may not initially in the one contract sign the boxer up to any more than one fight; that the boxer goes home, necessitating a new expenditure to bring him back on a second contract; that this financial prejudice is particularly evident and unreasonable in the frequent cases where they spend money and incur great financial risk and 'knowhow' to promote and introduce an unknown boxing figure on their national television program -- money and time which they can never recoup by signing him up to various bouts because, after introducing him to the public, he is 'snatched' and signed up by other promoters upon whom no contractual restriction is laid and who have run no financial risk. This, according to petioners, is particularly unfair to them because, after they have enhanced the boxer's prestige and reputation by the television showing, they lose him to a competitor. Consequently, say defendant-petitioners, this restraint is precluding them from competing in the field and frustrating the purpose of the decree which is to promote unfettered competition.
Harold Markson, Managing Director of petitioner Madison Square Garden Boxing, Inc., testified on behalf of petitioner that, in the period 1959-1962, Madison Square Garden Boxing, Inc., promoted 24 fights in 1959; 24 in 1960; 23 in 1961; 27 in 1962. The accuracy of this has been stipulated by the parties and these figures are found in Exhibit 'A' received by the Court.
The Government's position is not that there has been a change in conditions since the entry of the decree warranting its modification, but that conditions have changed in that petitioners are in a stronger position in the field than they were five years ago. In supporting this, it points to the fact and, as to this, there is no dispute that petitioners are the only promoters of nationally televised boxing contests for which they receive from sponsors about $ 25,000 per show for 50 such shows annually; that because of the value of a televised bout to a boxer, petitioners are able to get the best boxers for their shows. That, in spite of what petitioners say as to a boxer going back home or being snatched up by competitors after petitioners have spent money to launch him, in 1962, the evidence shows that petitioners have successfully competed with their competitors in obtaining by successive contracts the services of the boxers they had initially promoted. In February, 1962 and in July, 1962, they promoted 2 fights by Moyer and in August and October, 1962, they promoted 2 fights by McClure, by two separate contracts, both of whom petitioners had originally introduced. The fact that petitioners were able to promote the above-mentioned two bouts in a much shorter period of time than the 8-month restriction, demonstrates their ability to compete with other promoters for subsequent contracts with their proteges, if in fact any such inability could be seriously contended for in the face of a superior arena and television exposure.
Petitioners have given not one instance where the fruits of their enterprise were snatched up by a competitor with no hope of bidding by petitioners.
In addition, the claim of difficulty of holding on to a foreign boxer to negotiate a new contract was not supported by any of the evidence. On the contrary, the evidence shows that in 1959 petitioners were able in the one year to promote 4 contests with the Mexican boxer Ortega; in 1960, 3; in 1961, 1; and in 1962, 1; for a total of 9 bouts in 4 years -- as for the boxer Moyer from Oregon, cited by petitioners' witness Markson as an example of an expensive import because of the distance, petitioners promoted in 1959, 1 bout; in 1960, 3; in 1961, 3; in 1962, 3; a total of 10 bouts in 4 years; with Paret, the Cuban boxer, petitioners promoted 8 bouts in 4 years; and so on. (Exh. A) A reading of the list of bouts promoted by petitioners over the last four years shows the same name boxers with regularity.
Finally, the fact that their principal and only recognized competitor in major boxing contests, Championship Sports (formerly Feature Sports), promoted no more than 2 championship bouts in 1962 as compared with petitioners' promotion of one championship and 26 other bouts; in 1961 with Championship's promotion of one championship bout to petitioners' promotion of 2 championships and 21 others; in 1960 with Feature Sports' promotion of 1 championship bout to petitioners' 1 championship bout and 23 others; and in 1959 with petitioners' promotion of 24 non-championship bouts; speaks eloquently of the fact that petitioners do more boxing promotion than anyone else in the country and that it is admitted the Garden is the 'center of boxing in the United States.' (S.M. p. 51)
The Government offered the testimony of Alfred Bolan, Vice President and General Manager of petitioners' only competitor, Championship Sports, Inc., who testified that, although Championship Sports had promoted matches between foreign boxers, 4 in number, whose expenses it had paid, it had never attempted to sign up the boxer for future contests; that it had tried but had been unsuccessful in obtaining televised bouts either on a weekly or monthly basis because it was generally felt that one televised bout a week (petitioners') was all there was a Market for; that it attempted to license home-based arenas but was unsuccessful because there were so few available. The witnesses was comparatively new at the business of promoting boxing contests, having been doing this since 1960 only, having promoted no more than half a dozen fights, and having specialized primarily in the promotion of the heavyweight class fights -- but it was also clear that this company was by petitioners' admission the only major competition petitioner had. According to the witness, it had attempted but was unsuccessful in promoting other boxing contests because it could not get fighters of other classes.
Since June, 1960 to the present, Championship Sports (formerly Feature Sports) promoted every heavyweight title fight -- 4 heavyweight title fights and 1 heavyweight non-title fight. For these fights, Championship Sports was able to sell closed circuit T.V. and radio rights and was unsuccessful in selling the home television rights when it attempted to do so as to some of these fights.
The fact, therefore, of the witness' and that company's short experience while it would ordinarily affect the weight to be given his testimony as an expert and his unsuccessful attempts to compete with petitioners -- points up quite clearly the fact that no one is competing successfully with petitioners on home television rights.
We take note of the fact that on July 22, 1963, Championship Sports promoted and lost the championship boxing match between Patterson and Liston, and that the consensus of opinion is that this lone competitor has retreated, leaving the arena to petitioners. We have, therefore, this situation: petitioners have the only nationally televised boxing contests in the country and the only boxing arena in the metropolitan area. There is no charge made and no evidence that petitioners have done anything violative of the decree to maintain the position they now enjoy in the field; what the reason was for their only competitor's lack of success is, therefore, not before us. Judging from the comparatively short time Championship Sports has been in the business, it may be lack of 'knowhow' and financing which makes it difficult for it to compete. What does matter in this hearing, however, is the fact that competitive conditions in the industry do not prevail. Petitioners, far from being hampered in competition, presently are in a dominant position on home television rights.
The competition encountered from Championship Sports was minimal. The opportunities petitioners have to offer a boxer -- Madison Square Garden Arena and television -- far outweigh what others can offer. So that, on the ground advanced that they cannot compete because other promoters are not hampered in signing up their boxers and because they may lose foreign boxers, the petition to modify the decree must be denied.
Undisputably, petitioners could realize more profit were they permitted in the original contract to sign up a boxer they plan to introduce or sponsor for 2 more bouts, prior to his being launched in the public eye when, as an unknown, his fee would be lower than after he had, through petitioners' sponsorship, achieved prestige and even perhaps had gone home only to have to be brought back at petitioners' expense. But the decree of the Court is not to be modified lightly simply to assist petitioners in making more money. And that is just what this petition comes down to. The shape of events has not so changed since the decree was formulated as to have converted the prohibition of paragraph 4 into a wrong. United States v. Swift, 286 U.S. 106, 52 S. Ct. 460, 76 L. Ed. 999, cited in System Federation v. Wright, 364 U.S. 642, 81 S. Ct. 368, 5 L. Ed. 2d 349 (1961).
The fact that petitioners were not the actual doers of the so blatant wrongs found to have been perpetrated by original defendants is no reason for presently lifting these restraints of the decree. The essential good to be derived from competition in a particular industry does not change with the actors engaged in the industry.
Petition to modify paragraph 4 denied; so ordered.
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Went to the PPA Chairman's reception last night on the way home. They have it every year just before everyone goes away to their huge holiday homes on the Algarve. It's worth calling in on because it's one of those rare occasions where you can guarantee all the senior industry people will be there, swilling white wine and talking slightly too loudly in the very echoey Palm Court of the Waldorf.
The Economist's Helen Alexander finished her year as PPA Chair by pointing out that the magazine business could do more about diversity. It was a point well-made. From where she was standing she may have been able to see a non-white face. I couldn't see any at all.


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Mohawk's women's volleyball team got off to a strong start but faltered in the latter stages at the Humber Cup invitational tournament played in Etobicoke.
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