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April 6, 1982
In re ARTHUR TREACHER'S FRANCHISEE LITIGATION
On January 5, 1982, plaintiff-franchisor, Arthur Treacher's Fish & Chips, Inc. ("ATFC") filed an action in Delaware County Common Pleas Court against defendant-franchisee, Georgios D. Martinos.
The case was removed to this Court and a motion to remand was denied on January 18, 1982.
The complaint alleged a violation of the covenant not to compete contained in an agreement entered into by the parties. The covenant states:
Upon termination of this Contract, whenever and however such termination may occur, Licensee will not market any seafood product, or engage as an owner, manager, partner, officer, employee or stockholder, or in any other direct or indirect capacity, in any competing business firm for three (3) years after the date of such termination, within Licensee's Area or within a ten (10) mile radius of any Arthur Treacher's Fish & Chips restaurant, unless Licensee is acting pursuant to another Standard Unit License Contract to which Arthur Treacher's is a party.
Filed with the complaint was a motion for a preliminary injunction seeking an Order that defendants "(c)ease marketing any seafood products in Delaware County, Pennsylvania and in any area within ten (10) miles of any Arthur Treacher's Fish & Chips restaurants for a period of three (3) years beginning from the date of January 5, 1982, in compliance with its Standard Unit License Contract."
The Court conducted a hearing on this motion for a preliminary injunction on February 8-11, 1982.
Because the plaintiff has not demonstrated to this Court that it will suffer irreparable harm absent a grant of the preliminary injunction, the motion will be denied. This Memorandum shall constitute the Court's findings and conclusions in accordance with Fed.R.Civ.P. 52(a).
1. Plaintiff, ATFC is engaged in the business of owning and operating Arthur Treacher's Fish & Chips restaurants, and is also engaged in the business of licensing others, in return for a commission or a royalty, to own and operate Arthur Treacher's restaurants.
2. Defendant, Georgios D. Martinos, came to the United States from Greece in 1958. He was twenty-three years old at the time and he could not speak, read or write English. Since his arrival in this country defendant has held various jobs including dish washer, painter and boiler operator. After a period of service in the United States Army, defendant went into the business of home remodeling. On November 19, 1969, defendant became one of the first franchisees of ATFC when he entered into a Master Franchise Agreement with the plaintiff granting defendant the right to own and operate Arthur Treacher's restaurants in Suffolk County, New York. Defendant paid $ 40,000.00 for this franchise.
4. By 1970 defendant had invested $ 130,000.00, which amount represented his total savings including money obtained from the sale of his house, into the franchise. Pursuant to the Master Franchise Agreement entered into in 1969, defendant subsequently opened eight restaurants in Suffolk County, New York.
5. Prior to becoming an Arthur Treacher's franchisee, defendant had no experience in fast food operations. At the outset of their relationship, prior to opening his first store, defendant received training from plaintiff on how to operate an Arthur Treacher's restaurant.
6. Although initially trained by the plaintiff, it was primarily the efforts of defendant himself which caused his franchise to prosper. He served as a model franchisee training other franchisees and serving on various committees for the parent company assisting the franchisor in improving its own operations. The defendant was explicitly recognized by plaintiff as an outstanding and successful franchisee who developed his franchise by his own efforts and determination.
7. On December 23, 1974, defendant entered into a Master License Contract with the plaintiff granting defendant an exclusive right to own and operate Arthur Treacher's restaurants in Delaware County, Pennsylvania.
8. On December 20, 1975, pursuant to the Master License Contract entered into on December 23, 1974, defendant opened a restaurant in Sharon Hill, Pennsylvania (Delaware County). Defendant individually executed a Standard Unit License Contract granting him a license to operate this restaurant as an Arthur Treacher's outlet.
9. In 1978, defendant opened a second store in Delaware County. This second store was located in Drexel Hill, Pennsylvania. Although defendant never executed a Standard Unit License Contract for the Drexel Hill restaurant, he assumed that the obligations were the same for his Delaware County operations.
10. Defendant has invested $ 700,000.00 in the two Delaware County restaurants.
11. None of the named defendants, other than Georgios Martinos, entered into the Master License Contract for Delaware County or the Standard Unit License Contract for Sharon Hill.
12. Neither Dorothy Martinos nor Trend Enterprises, Inc., both named as defendants, has had any connection with the two Delaware County stores.
13. North Atlantic Corporation, named as a defendant, was formed in 1974 and had operated the two Delaware County stores prior to their conversion to Gulliver's Fish & Chips restaurants. See Findings No. 24-26 infra. Defendant Georgios Martinos presently operates these two stores as a sole proprietor.
14. Beginning in 1969, ATFC has registered various trademarks with the United States Patent and Trademark Office, including the name "Arthur Treacher's Fish & Chips" and various other logos used in the business. Plaintiff, however, in its trademark registrations has specifically disclaimed any right to the exclusive use of the generic phrase "fish & chips."
15. The Standard Unit License Contract entered into by defendant for the Sharon Hill restaurant granted to him the right to use the various trademarks in return for defendant's agreement to pay royalties equal to the greater of $ 500.00 or 5% of monthly gross receipts.
16. In addition to paying royalties, defendant obligated himself to conform to plaintiff's specifications regarding the maintenance of a uniform image designed to promote goodwill throughout the system. Plaintiff, on the other hand, additionally obligated itself to provide services to the defendant, including quality assurance and marketing services, in an effort to maintain a uniformly beneficial image.
17. Thus, the relationship between the plaintiff and defendant, as in most franchising systems, contemplated a cooperative venture designed to be mutually beneficial.
18. In the latter part of 1977 and through 1978 this relationship began to deteriorate. The level of services which had been provided prior to 1978 began to steadily decline. At this point in time, defendant lost faith in the Arthur Treacher's concept.
19. Defendant stopped paying royalties to plaintiff in July, 1979, because of the diminution in services and defendant's belief that plaintiff no longer cared about the system.
20. Plaintiff has named Mr. Martinos as a defendant in three other lawsuits filed on July 10, 1980, September 18, 1980 and March 19, 1981, in which plaintiff seeks, inter alia, payment of past due royalties. In response to these lawsuits Martinos raised defenses and asserted counterclaims that the plaintiff and additional defendant, Mrs. Paul's Kitchens, Inc. (the owner of ATFC at the time of the hearing) were in breach of the contracts and had violated the antitrust laws and were not entitled to any royalties.
21. By letter dated May 18, 1981, defendant was terminated by plaintiff as an Arthur Treacher's franchisee. The termination letter stated in part:
You are to immediately cease using Arthur Treacher's trademarks, service marks, processes and secrets and any variation of them immediately and redeliver all manuals and other Arthur Treacher's property at once. Furthermore, you are no longer entitled to utilize Arthur Treacher's established distribution systems. You are further to remove all distinguishing characteristics from the restaurant premises which would in any way identify them as Arthur Treacher's restaurants, and in particular, remove any and all signs, including, where applicable, the Mansard Roof sign within ten (10) days of receipt of this letter.
Despite receipt of this letter, defendant continued to use the Arthur Treacher's trademarks up to January 5, 1982. See Finding No. 25 infra.
22. Subsequent to defendant's termination, any services which the plaintiff had been providing to defendant ceased altogether.
23. The present lawsuit was filed on January 5, 1982 and seeks to enforce the covenant not to compete. See note 3 supra and accompanying text.
24. Defendant joined with another terminated franchisee of ATFC, Agostine Malerba, see Finding No. 55 infra, in the use of the name "Gulliver's Fish & Chips." The purpose for joining Malerba in the use of the name Gulliver's was to take advantage of the economies of combined purchasing power.
25. On January 5, 1982, defendant replaced the "Arthur Treacher's Fish & Chips" signs at his two Delaware County stores with signs that denote the restaurants as "Gulliver's Fish & Chips." At about the same time, defendant stopped using the Arthur Treacher's trademark names for the products he was serving. The products themselves, however, remained essentially the same.
26. North Atlantic Corporation, which prior to this time had been operating the Delaware County stores, was merged into a new corporation, Sunrise Foods, Inc. This new corporation entered into an agreement for the use of the name "Gulliver's."
27. Defendant, now operating his two Delaware stores as a sole proprietor using the name "Gulliver's Fish & Chips," is utilizing essentially the same types of products that he used prior to being terminated as an Arthur Treacher's franchisee. Thus, defendant sells fish, particularly triangular shaped cod fish, dipped in a batter mix and fried in oil. Defendant sells chicken patties, also batter dipped and fried in oil. Defendant sells "ridged" potatoes or "chips." Defendant is using essentially the same methods to prepare these food items as he used prior to being terminated as a franchisee of ATFC with one change-defendant no longer uses the tempering process of plaintiff, a patented procedure whereby the temperature of the frozen fish is modified prior to cooking.
28. Defendant has made changes to his menu boards and uniforms, in addition to changing his signs, so that they are not the same as when he was an Arthur Treacher's franchisee.
29. Although defendant is selling essentially the same line of food items in his Delaware County restaurants, the products are nevertheless different from the products being sold by plaintiff in its company-owned stores located in Montgomery County, Pennsylvania, and are somewhat different from the products previously sold by defendant as an Arthur Treacher's franchisee.
30. The fish being sold by defendant is Icelandic cod which he purchases from Coldwater Seafood Corporation. There is no evidence that Coldwater ever limited the sale of this species of cod to Arthur Treacher's restaurants. On the contrary, defendant testified that Icelandic cod sold by Coldwater is generally available for sale to any restaurant. Furthermore, the company-owned stores in Montgomery County sell Canadian cod, a different species of fish.
31. Defendant does not use the batter developed and used by plaintiff. The batter used by defendant was developed by him, with the aid of Mr. Malerba, and is obtained from a different company than the company which supplied the defendant with batter as an Arthur Treacher's franchisee. Furthermore, the batter used by defendant is different from the batter utilized by plaintiff in its own stores in Montgomery County.
32. The chicken sold by defendant in his Delaware County restaurants is different from the chicken which he previously sold as an Arthur Treacher's franchisee.
33. Defendant is selling ridged potatoes, colloquially referred to as "chips," which he previously sold as an Arthur Treacher's franchisee. The restaurants owned and operated by plaintiff in Montgomery County do not sell ridge cut potatoes.
34. Defendant fries the food sold in his Delaware County stores in the same type of oil he used as an Arthur Treacher's franchisee. This oil, however, is different from the oil used by plaintiff in its own restaurants in Montgomery County.
35. As of the time of the hearing on this motion, defendant was in possession of copies of an operations manual prepared by plaintiff and given to defendant. Although defendant testified that he removed the manuals from his stores in July, 1981, he did not return them to plaintiff although requested to do so in the letter of termination sent in May, 1981. See Finding No. 21 supra. The evidence supports a finding, however, that the operations manual was not up-to-date in July, 1981, and was not being used by defendant at that time.
36. Seventy-eight to eighty-two percent of defendant's sales are "seafood related"-sales in which a seafood item is sold along with other items such as salad, beverage, etc.
37. Defendant does not have the equipment to sell hamburgers. The cost of obtaining equipment necessary to enable defendant to sell hamburgers would be between $ 90,000.00 and $ 110,000.00 per store.
38. The harm to defendant which would result from a preliminary injunction precluding him from selling seafood in the Delaware County restaurants would be significant. This harm includes the specific and very real possibility that such an order would force defendant to close his stores. That harm also includes the loss of goodwill which would result if defendant is preliminarily enjoined from selling seafood and defendant is later found to have been wrongfully enjoined.
39. Plaintiff recognizes that the preliminary injunction sought would probably result in the destruction of defendant's business as Gulliver's Fish & Chips. One of the presidents of plaintiff testified that defendant's situation is "a cancer in the body and we have to excise it or it will spread to others"
and thus Mr. Richard Baker testified that plaintiff seeks a judgment that the defendant "cannot operate as a fast food restaurant."
40. Plaintiff is on the verge of bankruptcy.
41. At the time of the hearing on this motion, Mrs. Paul's Kitchens, Inc., the owner of plaintiff and named as an additional defendant on counterclaims filed in some of the cases comprising this multidistrict litigation, was in the process of negotiating for the sale of some or all of the assets of Mrs. Paul's Kitchens, Inc. and/or the plaintiff.
42. The restaurants owned and operated by the plaintiff are currently losing approximately $ 150,000.00 per week.
43. Approximately ten percent of Arthur Treacher's franchisees are currently paying royalties.
44. Within the last two years plaintiff has terminated the licenses of the operators of approximately 200 stores.
45. Within the last two years approximately thirty-five to forty franchised stores have closed in the eastern part of the United States.
46. Plaintiff closed approximately thirty company owned stores in 1981.
47. There was at one time at least 161 products not authorized by the plaintiff being sold by franchisees and there remains a lack of uniformity among the presently operating Arthur Treacher's franchisee stores. There is also a lack of uniformity between the products sold by the company stores and the products sold by franchisee stores. See also Findings No. 30, 33-34 supra.
48. Plaintiff presently employs one licensee district manager for the entire United States. A licensee district manager aids the licensees in the operations of their franchised stores and monitors those stores for the franchisor.
49. The present condition of plaintiff is such that it does not have the ability to adequately service new franchisee stores.
50. Since its acquisition by Mrs. Paul's Kitchens, Inc. in late 1979, plaintiff has not sold a franchise.
51. The persons at Arthur Treacher's to whom plaintiff delegated the responsibility for franchising-Messrs. Richard Baker, Joseph O'Neill, Joseph Verica and John Furey-have no prior experience with franchising.
52. Prior to November, 1981, plaintiff followed a routine procedure for responding to unsolicited requests for information about franchises and that was to send a form letter enclosing preliminary information about the plaintiff and thanking the person or company for their interest in Arthur Treacher's.
53. On November 15, 1981 and November 22, 1981, plaintiff placed in the Philadelphia Inquirer an advertisement for the sale of franchises. Advertisements were also placed in the Washington Post and the Miami Herald. There is no evidence that Arthur Treacher's ever advertised for franchisees prior to this time.
54. One of the presidents of plaintiff, Mr. Richard Baker, testified that the reason these three advertisements were placed, and no others, was due to plaintiff's desire to refranchise Delaware County, Pennsylvania, the City of Philadelphia, Pennsylvania, and Miami, Florida. Mr. Baker also testified that plaintiff was interested in selling additional franchises in the Washington, D.C. area, where plaintiff already had company owned stores.
55. Agostine Malerba, formerly an Arthur Treacher's franchisee, operates Gulliver's Fish & Chips restaurants in the city of Philadelphia. There is presently pending in this multidistrict litigation a motion for a preliminary injunction against A&B Management Corporation, of which Mr. Malerba is president. This motion, like the one being considered herein, seeks to preclude A&B from operating its restaurants as seafood restaurants.
56. By November 15, 1981, many franchise restaurants had closed completely leaving many areas, including Bucks County and Chester County, Pennsylvania, without an Arthur Treacher's restaurant. Despite this fact, Mr. Baker testified that plaintiff was not interested in refranchising Chester or Bucks Counties.
57. The reason asserted by plaintiff for this decision to attempt to refranchise Delaware County but not Bucks or Chester Counties was the demonstrated success of defendant in Delaware County as opposed to the failure of other franchisees in Bucks and Chester Counties. The purported logic of this decision would be more acceptable had there been any evidence that the success of defendant was related particularly to his location in Delaware County. The clear weight of the evidence, however, demonstrates that defendant's success was primarily due to his efforts and determination and not particularly to any advantage in operating an Arthur Treacher's store in Delaware County as opposed to Bucks or Chester Counties.
58. Plaintiff received a total of approximately one hundred telephone calls in response to the advertisements.
59. Mr. Joseph Verica was primarily responsible for responding to the inquiries prompted by the advertisements. He received his directions from Mr. Baker and he was assisted by Messrs. O'Neill and Furey. See Finding No. 51 supra.
60. Although Mr. Baker testified that Mr. Verica was acquainted with the advertisements and the reasons that plaintiff was advertising, Mr. Verica testified that he did not know about the advertisements until after they were published, nor did he know the reasons the advertisements were run-as far as he was concerned it was an "executive decision" to place the advertisements.
61. Although Mr. Baker testified that the Philadelphia advertisement was placed specifically due to plaintiff's desire to refranchise Delaware County and the city of Philadelphia (areas formerly occupied by Messrs. Martinos and Malerba as franchisees of plaintiff and now occupied by them operating as Gulliver's Fish & Chips), Mr. Verica thought that the Philadelphia advertisement was intended to attract potential franchisees to the entire five county Philadelphia metropolitan area.
62. Although Mr. Baker testified that the Washington Post advertisement was aimed specifically at the District of Columbia and was not intended to relate to Maryland due to the presence of Arthur Treacher's franchisees in Maryland, Mr. Verica believed that the advertisement was intended to apply to Washington, D.C. only and was not intended to apply to Maryland because plaintiff was not registered in Maryland.
63. Plaintiff responded to the inquiries prompted by the advertisements (see Finding No. 58 supra) by sending out a form letter thanking the inquirer for his interest and requesting that a financial statement be sent. This procedure differed from the prior policy for handling inquiries concerning franchises in that the financial statement of the person responding to the advertisement was requested and no information about the plaintiff was sent. See Finding No. 52, supra.
64. The only evidence of a response to the form letter and request for financial information (sent by plaintiff to those who initially responded to the advertisements) is that a few financial statements were sent to plaintiff but that these financial statements "got mixed up with some other papers and they were inadvertently thrown out by the secretary."
65. The advertisement placed in the Philadelphia Inquirer was not inserted for the purpose of selling franchises in Delaware County. The asserted purpose for this advertisement was to develop a "pool" of prospective franchisees which plaintiff would be able to pursue after the present conflict with defendant is resolved. Thus, plaintiff has no present intent to refranchise Delaware County because, according to Mr. Baker, "(it) would not have been fair to (potential franchisees for Arthur Treacher's to pursue the refranchising) until this matter is resolved."
66. Plaintiff was not in a position to make a "realistic proposal"
to a future franchisee as of November, 1981, when the advertisements were published.
67. It would cost a minimum of $ 750,000.00 to open a new Arthur Treacher's restaurant in Delaware County.
68. Delaware County, Pennsylvania has a population of approximately 592,200 and a geographic area of 184 square miles.
69. In 1978 plaintiff had a guide as to the amount of population necessary to support an Arthur Treacher's store-a population of 50,000 in a suburban area and 20,000 in a city area.
70. When defendant entered into the Master License Contract for Delaware County in 1974, he contemplated the opening of 8 to 10 restaurants in Delaware County. Defendant never carried out these plans due to his dissatisfaction with the Arthur Treacher's system. See Findings No. 7-10 and 18-19 supra.
71. Evidence adduced at the hearing supports a finding that Delaware County is big enough-both in size and population-to support fast food seafood restaurants in addition to the two Gulliver's Fish & Chips presently operating there.
72. Defendant is not using any trademarks, tradenames, recipes or patents belonging to the plaintiff.
73. While an Arthur Treacher's franchisee, defendant served on several committees and councils in which capacity he was, at times, provided with confidential information by the plaintiff. The evidence on this issue introduced by plaintiff is limited to plaintiff's Exhibits 19, 20 and 21.
The evidence supports a finding that this information is either no longer confidential
or is of no use to defendant and is not being used by him today.
74. The evidence pertaining to any trade secrets which the plaintiff may possess is ambiguous and contradictory. Mr. Baker testified in a vague fashion that the cooking process is a trade secret-how the cooking medium is handled, the temperature and length of time a product is immersed, etc.
This testimony is buttressed somewhat by defendant's statement that a trade secret, in his understanding, is how one prepares food.
However, there is no evidence that the cooking process of Arthur Treacher's is unique to plaintiff or that it is secret or different from the way many fast food chains-including McDonald's, Burger King, Gino's, Howard Johnson's, Captain Dee's, Long John Silver's and Denny's-prepare batter dipped fried fish.
75. The products presently being used by defendant are purchased outside of the Arthur Treacher's distribution system. See Findings No. 27-34, supra. Hence, the evidence does permit an inference that any processes unique to plaintiff, e.g., temperature and "holding time," would no longer be used by defendant who is not using all the same products, particularly the batter, to which these processes apply.
The moving party must clearly demonstrate that it is suffering irreparable harm before an injunction can issue pursuant to Federal Rule of Civil Procedure 65(a). In addition, the harm must be of an immediate and actual nature, as opposed to speculative future harm:
This Court has held that more than a risk of irreparable harm must be demonstrated. The requisite for injunctive relief has been characterized as a "clear showing of immediate irreparable injury," Ammond v. McGahn, 532 F.2d 325, 329 (3d Cir. 1976), or a "presently existing actual threat; (an injunction) may not be used simply to eliminate a possibility of a remote future injury, or a future invasion of rights, be those rights protected by statute or by the common law." Holiday Inns of America, Inc. v. B & B Corporation, 409 F.2d 614, 618 (3d Cir. 1969).
Continental Group, Inc. v. Amoco Chemicals Corp., 614 F.2d 351, 359 (3d Cir. 1980). Other relevant factors to be considered in passing upon a preliminary injunction motion, assuming the movant surpasses the first hurdle of demonstrating irreparable harm,
include an assessment as to whether or not the movant has shown a reasonable probability of ultimate success on the merits. In addition, the amount of harm to the opposing party and to other interested persons as well as any harm which might accrue to the public interest ought to be considered where relevant. Continental Group, supra at 356-57.
The crucial issue presently before the Court is whether ATFC is being irreparably harmed pendente lite by Martinos' sale of seafood in the operation of his two Gulliver's Fish & Chips outlets in Delaware County.
The thrust of plaintiff's argument for a finding of irreparable harm is basically twofold.
First, that a potential franchisee will not come into Delaware County while defendant is there, that some future licensee would not be interested in opening an Arthur Treacher's in Delaware County while Martinos is operating two Gulliver's.
The second aspect of plaintiff's argument for a finding of irreparable harm is that defendant's use of trade secrets belonging to plaintiff is causing irreparable harm to the plaintiff. See also note 31 infra.
Neither position withstands scrutiny. To enjoin preliminarily the sale of seafood by defendant in Delaware County, based upon the supposition that some potential franchisee will not want to purchase a Arthur Treacher's franchise in Delaware County unless Martinos is removed, would ignore the teaching of this Circuit that preliminary injunctions are not entered "simply to eliminate a possibility of a remote future injury." Holiday Inns, supra. The clear weight of the evidence in this case is that plaintiff is not now in a position to refranchise Delaware County and is not even going to attempt to do so until the "situation of plaintiff" improves and "this matter ... is cleared up."
Furthermore, accepting for the sake of argument plaintiff's perception of the situation with regard to refranchising, the inference can readily and logically be drawn that a grant of the preliminary relief sought would not serve to relieve the plaintiff of any hypothetical injury presently being suffered. If some future franchisee presently would be unwilling to open a store in Delaware County due to the presence of Martinos, then surely that same prospective franchisee is not going to enter Delaware County and invest a minimum of $ 750,000.00
to open an Arthur Treacher's on the strength of a preliminary injunction entered against defendant. Even assuming the presence of Martinos is a major deterrent to entering the Delaware County market, as plaintiff has argued, surely any businessman would want to wait at least until the validity of the covenant is determined at a final hearing before making a commitment to opening a franchise in Delaware County.
The evidence regarding purported trade secrets of Arthur Treacher's is, at best, nebulous at this point. Even if one could peer through the haze to find as a matter of fact that some aspect or aspects of the food preparation technique of plaintiff is a trade secret, a task which this Court does not consider possible on the present state of the record, the evidence is contradictory as to whether or not defendant is presently utilizing the purported trade secrets. In short, after carefully reviewing the evidence, this Court cannot say what the trade secrets of plaintiff are, or whether defendant is presently using them, if any.
Although the Court at this point does not believe that an adequate factual predicate exists upon which to resolve the question of what trade secrets are possessed by plaintiff and whether they are being used by defendant, the question of what is a trade secret is a legal question. Anaconda Co. v. Metric Tool & Die Co., 485 F. Supp. 410, 414 (E.D.Pa.1980). Based upon the facts which the Court does know, the following comments are offered.
Both Pennsylvania and Ohio have adopted the definition of trade secrets found in Comment b to the Restatement of Torts § 757 (1939).
College Watercolor Group Inc. v. William H. Newbauer, Inc., 468 Pa. 103, 360 A.2d 200 (1976); B.F. Goodrich Co. v. Wohlgemuth, 117 Ohio App. 493, 192 N.E.2d 99 (1963). That definition states in part:
A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers ... Generally it relates to the production of goods, as, for example, a machine or formula for the production of an article.
The subject matter of a trade secret must be secret. Matters of public knowledge or of general knowledge in an industry cannot be appropriated by one as his secret. Matters which are completely disclosed by the goods which one markets cannot be his secret. Substantially, a trade secret is known only in the particular business in which it is used. It is not requisite that only the proprietor of the business know it. He may, without losing his protection, communicate it to employees involved in its use. He may likewise communicate it to others pledged to secrecy. Others may also know of it independently, as, for example, when they have discovered the process or formula by independent invention and are keeping it secret. Nevertheless, a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others.
Restatement of Torts § 757, Comment b at 5-6 (1939).
We know in this case that plaintiff generally claims that its cooking process is a trade secret:
Q. What else do you know to be a trade secret?
A. You are getting into the back kitchen where I have never operated but because that is primarily where they, the trade secrets, would arise, but it would be, I would think, how the-cooking medium is handled, the temperature at which it is maintained, the length of time that the product is immersed in the cooking oil; I would think also the experience with how long the fish could be held after cooking, because when you are dealing with a fast-food operation you have to cook sometimes in anticipation of what you are going to sell and you have to know how long you can keep it, whether it be five minutes, or a half an hour.
These are things that have been learned by-by trial and error and they become trade secrets.
It would be very valuable for a competitor to know that.
I think there are certain ways of-of handling the-the training of personnel, the staffing of the-of a restaurant, the duties that those people would perform, the level of competence that they might need.
You are getting into all of these areas; the entire operation of a business in-in this fashion would be trade secrets.
It would-it would go to the heart of what you are training a new employee or a new licensee to do so he will know how to successfully run his business.
These are all trade secrets.
There is no evidence, other than the above testimony, that the temperature at which plaintiff fries food, or the length of time the food is immersed in oil, or the length of time the food is held after frying, is a trade secret of plaintiff's or is even any different from the process used by plaintiff's competitors.
Moreover, hundreds and probably thousands of present and former employees of Arthur Treacher's undoubtedly know plaintiff's cooking process. Although the contract entered into by defendant contains a clause calling for the maintenance of confidentiality,
there is no evidence that plaintiff attempted to ascertain if this clause was being enforced. Aside from this clause in the contract there is no evidence that plaintiff took any steps to ensure that "a substantial element of secrecy" would exist with regard to its processes for preparing food, for example.
Finally, in the Court's view, anyone with a modicum of intelligence who desired to enter into this business could, with relative ease, develop such processes as an appropriate temperature in which to fry breaded fish and the maximum period of time it would be desirable to hold that fish for sale after it was cooked. In short, because the plaintiff has failed to prove at this stage that it possesses legally protectable trade secrets being misappropriated by the defendant, the Court rejects plaintiff's argument that it is being irreparably harmed by defendants' use of its trade secrets. Cf. Ecolaire, Inc. v. Crissman, 542 F. Supp. 196 (E.D.Pa. 1982).
Finding that plaintiff has failed in its burden to prove irreparable harm,
the Court finds it unnecessary to assess plaintiff's chances of ultimate success on the merits.
An order will be entered denying the motion.
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'Banshee' Season 2 Finale: Just Right and Shattering
Well, with the excellent second season of Banshee now complete, I can offer a review with no spoilers whatsoever, because you presumably saw what I'll be talking about. Or, if you need to see it, you should, and you'll be glad you did.
Among the most effective parts of the Season 2 finale -
- Emmett and his wife getting gunned down by the neo-Nazis was pure what-a-rotten world we live in, and tough to see. There was almost a mystical element in this - for all of its violence, there's also almost a protective magic around Banshee's law enforcement people, that somehow allows them to escape the worst of the world. We've seen this, certainly, in the charmed lives of Hood and Siobhan. It even extends to Hood and Carrie outside Banshee. But not to Emmett and his wife, who die soon after they get out of Banshee's strange precincts.
- It was good to see Rebecca give Alex just what he deserved - especially after Burton's lack of faith in her (and Rebecca's response then to Burton was just right, too).
- The last scene between Rebecca and Proctor was also right on key. Look, there's a strong sexual attraction between the two. Rebecca would have slept with Proctor right then and there, and Proctor was just able to pull back from falling into this and turn it - barely - into an avuncular hug. Proctor's strong physical feelings for Rebecca are the main reason he killed Jason Hood (though you have to give Proctor credit for apparently not knowing that Jason was Lucas's "son"). Anyway, we're bound to see more of Proctor and Rebecca together and likely in bed in the third season.
- The New Orleans coda did just what it was supposed to do: that guy is unstoppable. He can practically eat cars whole for breakfast. How on Earth Lucas will deal with him in Season 3 - likely aided by Nola, no less - should be fun and shattering to see.
- Yeah, I was glad too Rabbit go for good. Much as Ben Cross's acting was superb, I wouldn't have minded at all had the character remained dead at the end of the first season. Yulish the priest, however, was another matter. He put out a pretty good, death-dealing effort, and I would've been happy to see more. That church was indeed one memorably messed-up place, as Job's friend aptly noted.
But Banshee was not messed up at all this season, and indeed continued as one the freshest, most outrageous shows on television. I'm looking forward to more of the same next season.
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Sony DCR-DVD810
Nic Rossmüller : January 8th 2008 - 16:02 CET
Sony DCR-DVD810 :
Sony expects to shake up the camcorder industry with the introduction of its 2008 line of DVD Handycam camcorders featuring hybrid and hybrid-plus movie recording. "People have been drawn to the DVD category because they are so easy to use," said Kelly Davis, director of camcorder marketing at Sony Electronics. "Our 2008 line offers greater convenience through multiple recording options so you don't have to worry about running out of media or missing a moment." All 2008 DVD models include a new built-in zoom microphone. When you zoom in on a subject, the audio also zooms in for clearer sound recordings. The DCR-DVD810 model also delivers Dolby Digital 5.1-channel surround sound that delivers a life-like experience.
Sony DVD810 - Dolby Digital and Bluetooth microphone
The camcorder will be compatible with Sony's ECM-HW1 Bluetooth microphone, which amplifies the center channel and records voices and sounds wirelessly at distances up to 100 feet. A new quick on feature has been added to all DVD models so they can come out of standby-by mode in less than a second. With quick on, you simply push the button to put the camcorder in standby-mode so special moments are not missed.
Sony DCR-DVD810 video camera - Carl Zeiss Vario-Tessar zoom lens
The Sony DCR-DVD810 unit with a 1 Megapixel CCD imager and a high quality 25x Carl Zeiss Vario-Tessar zoom lens. The DVD810 camcorder stands out in the line with its hybrid-plus movie recording, which conveniently allows for recording onto any of three separate media, including 8GB of internal memory. Users can enjoy more than five hours of continuous recording time (LP mode) on the model's internal memory, which is equivalent to more than five single-layer DVD discs. Without having to use a PC, video footage can be transferred from the internal memory to DVD as well as photos from the internal memory to the media card.
Sony DCR-DVD810 camera - Dubbing and Footage
The DVD810 model also incorporates a new dubbing button so you can quickly access the menu to copy movies to the DVD or media card. Movies can be dubbed by scene or by date. Footage from separate movie files can also be dubbed together incrementally. The Sony DCR-DVD810 will ship in February for about $480.
Sony DVD810 DVD video camera - Index and LCD touch panel
Face index and film roll index functionality will also be available on the line. Face index allows you to quickly search for specific scenes by face while the film roll index takes the guesswork out of finding footage by displaying multiple scenes as thumbnails within a single movie file. This enhanced playback functionality will be easily viewed on the camcorders' 2.7-inch, (16:9) wide LCD touch panel screens.
Sony DCR-DVD910
Sony DCR-DVD710
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member for 9 years, 2 months, 17 days
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Please use the EDIT button on the top right of the memorial page when you want to send a correction since it provides me with the links I need. Please verify and double check your info for accuracy.
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RE: Walter Poltowicz
Yes, I always leave it up to the manager's discretion. Sometimes there are details that can be taken (date/place of death, etc) without posting all of the info, so I always offer what I find. It was a very sad story indeed. Thanks for the note and be well :) RC
Added by
on Dec 02, 2016 4:54 PM
c diggs
John W. Walker
Ref: John W. Walker
memorial # 30498895
buried at Trevilians family cemetery
born Oct 11, 1813
died Jan 10, 1865
There is another John W. Walker memorial # 142962673, born and died on the same dates as above, buried at Louisa Christian Church. Both memorials include a picture of the gravestone.
Added by
c diggs
on Nov 20, 2016 9:23 AM
deloris brumfield
This is the wrong Roy Petty for this line of Siblings.The Roy Petty that should be there was never marriedHe died in Red Oak Iowa and is buried in Elliot Cemetery called Hillside Cemetery. Please correct this thank you
Added by
deloris brumfield
on Nov 19, 2016 1:33 PM
cynthia mullens
RE: Cynthia Freeman
YOu're welcome. Thanks for your note. Cindy
Added by
cynthia mullens
on Nov 18, 2016 7:14 PM
Sue Hale Sheppard
Greely Shipwash #26688160
Thank you for linking Greely Shipwash #26688160 to his parents.
I like your virtual cemetery - handcrafted monuments.
If you haven't already, I would be pleased if you would go to my Bio and visit my parents' memorials by clicking on their links.
Added by
Sue Hale Sheppard
on Nov 14, 2016 2:13 PM
RE: Heinrich & William Sheetz
I went back again today and was able to find some more. The brush is starting to die, so you can see more. I will go again when the tree are bare.
Added by
on Oct 24, 2016 7:11 PM
RE: Heinrich & William Sheetz
Oh, Fay, how sweet of you. I so respect the dead and glad to help. Will try to get to that today. It means a lot.
Added by
on Oct 24, 2016 7:24 AM
Dominique Potier
George C Cash # 75455095
Thanks FDP for your picture . I'm pretty certain he was a 11th 187GIR airborne during the WW2 ... if one day you find his obit or more info could you contact me ?
Added by
Dominique Potier
on Oct 24, 2016 12:40 AM
RE: Heinrich & William Sheetz
I have other photos that I cant decipher. I could email them to you if you like? Also, is it possible that the writing back in time was German? I can see letters but cant read them
Added by
on Oct 16, 2016 1:50 PM
Donna Brummett
I received this E-Mail from Joyce Bruner==
This is my mother (Viola (Walls) Bussey) and I would like to add her brother's and sister's as siblins. I emailed the created person and she said she couldn't do it and I would have to contact the other creater's, etc. for each one that I wanted to add. Anyway, I'm trying again. I don't have time for all of that.
Chloia Walls Hayes Memorial #30105270
Bascom H. Walls -Memorial #38616967
Audrey Johnson - Memorial #72177993
James W. Walls _ Memorial #38616967
I sent you an edit with the mother and father Find A Grave# for each. Just thought you might like to know the source. Thanks
Added by
Donna Brummett
on Sep 30, 2016 8:46 AM
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a cozy weekend.
Monday, January 17, 2011
the sign of a good weekend is a tired dog, and a happy husband. or vice versa. i know i take a million pics of sam, but he's so photogenic! so get over it.
since ed's parents are here, this weekend included lots of amazing food, a broadway play, and did i mention good food?
7 comments:
- Diana Mieczan said...
Awww he really is and what a sweet photos:)Btw: love that framed photo! Happy Monday, darling
- January 17, 2011 at 8:05 AM
- abigail said...
Oh, Sam is adorable, and snuggly.
- January 17, 2011 at 9:26 AM
- Silver Strands said...
Oh - cozy indeed!
- January 17, 2011 at 10:23 AM
- Nicole Jeannette said...
I want to cuddle with that PRECIOUS dog! So sweet :)
- January 17, 2011 at 6:36 PM
- Brandi said...
That last photo is just adorable -- there's nothing like a guy snuggling with a pooch. Sounds like you had a great weekend!
- January 17, 2011 at 11:06 PM
- ola appletea said...
oh wow! Adorable post! That photo in frame.. love this one! and the photographer is awesome! :)I also had the post on this photos exactly :)
- January 18, 2011 at 7:41 AM
- La Franglaise said...
awww, that last photo of doggie + hubby! It must make your heart melt. You have what seems to be a really cosy home! Bisous la belle xx
- January 20, 2011 at 5:01 PM
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Check in from 14h / Check out prior to 11h
Prested Hall: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Feering, United Kingdom.
Prested Hall is ideally positioned in a peaceful setting in Feering, a short car ride from Colchester and Chelmsford. Some of the premium features at this contemporary 3-star hotel include an indoor pool, outdoor tennis courts and free Wi-Fi.
Hotel description
Prested Hall has a golf course, an express check-in and check-out feature and a sauna. Those staying at the property are able to enjoy a book in the library.
The comfortable rooms at Prested Hall offer tea and coffee making facilities, a flat-screen TV and a private bathroom. A telephone, a hair dryer and a DVD player are also provided.
Guests can wake up to breakfast every morning at the hotel.
Prested Hall is under a 40-minute drive from London Stansted Airport. The hotel also offers parking for guests with a vehicle.
Hotel features
Restaurant, Non-Smoking Rooms, Coffee / Tea Maker, Hair Dryer, TV, DVD Player, En suite, Private Bathroom
Luggage Storage, Express Check-In/Check-Out
Fitness Room/Gym, Swimming pool, Tennis Courts, Golf Course, Sauna, Garden, Spa & Wellness Centre, Pool Indoor
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Users who viewed Prested Hall also viewed these 3 stars Feering hotels:
Travelodge Colchester Feering
A12 London Road Northbound, Feering
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Peresteda Apartments
Prested Hall, Prested Hall Chase,, Feering
Prested Hall, Prested Hall Chase,, Feering
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Check in from 15h / Check out prior to 11h
Oakwood at Watermans Crossing: Find photos, reviews, information, amenities and compare prices for 1 stars hotels in Newport News, United States.
Oakwood at Watermans Crossing offers a comfortable setting while in Newport News. It is conveniently close to Newport News/Williamsburg International Airport, which is a 10-minute drive away.
Hotel description
Oakwood at Watermans Crossing offers comfortable rooms, designed to fit the requirements of any traveller.
Oakwood Watermans Crossing Apartments Newport News is surrounded by some of the city's most popular shops and cafés. Busch Gardens Williamsburg, the Fort Monroe and the US Army Transportation Museum are just an easy drive from the hotel.
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Users who viewed Oakwood at Watermans Crossing also viewed these 1 stars Newport News hotels:
Economy Inn and Suites - Newport News
15237 Warwick Boulevard, Newport News
15237 Warwick Boulevard, Newport News
Newport News Inn
12880 Jefferson Avenue, Newport News
12880 Jefferson Avenue, Newport News
Centerstone Inn Newport News
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11845 Jefferson Avenue, Newport News
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text:
Lisa Howard (actress)
31,026pages onAdd New Page
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Lisa Howard is a stage actress who originated the role of Gretchen Fox in Goodspeed's production of Emmet Otter's Jug-Band Christmas (playing the part in both the 2008 and 2009 productions). She also understudied Alice Otter for the 2008 show.
Howard's other Broadway credits include the original casts of South Pacific (2008 revival), Dolly Parton's 9 to 5, and The 25th Annual Putnam County Spelling Bee. Regional credits include Grease, Bye Bye Birdie, and Rodgers and Hammerstein's Cinderella at the St. Louis MUNY, and Crazy for You at the Kansas City MUNY.
She appeared in an episode of Ugly Betty, and played Siobhán in The Twilight Saga: Breaking Dawn - Part 1 (2011) and Part 2 (2012).
See also
- Lisa Howard - Muppet Workshop designer


text:
LONG BEACH - An independent audit report released today shows how Long Beach officials got the city $48 million in debt.
According to the audit, an 80 percent increase in overtime and purchases made without proper approval led the city deep into the red.
Because of the overtime and improper purchases, the city's rainy day fund, which held $7.4 million in 2008, was whittled down to just $107,000 last year.
City Manager Jack Schnirman says it was dishonest accounting by previous administrations that put Long Beach in its current predicament.
Residents say they are worried that the only way out of debt will be on the back of the residents in the form of higher taxes.
Long Beach plans to declare fiscal emergency


text:
We like to stop in when we are in the area and get fresh chocolate. Lots of activities for kids and kids at heart. You can take in a chocolate show, make your own candy bar on a... read more
Come EXPLORE THE MANY WONDERS OF CHOCOLATE at the first HERSHEY'S CHOCOLATE...
Come EXPLORE THE MANY WONDERS OF CHOCOLATE at the first HERSHEY'S CHOCOLATE WORLD Attraction located in CHOCOLATETOWN, USA - Hershey, Pennsylvania! Treat yourself to an assortment of one-of-kind experiences and discover the sweetest feeling of pure happiness. Plan your chocolate adventure today!
Hershey's Chocolate Tour
Create Your Own Candy Bar
4D Mystery Show
Chocolate Tasting Experience
Hershey Trolley Works
Hershey's Largest Candy Store
Food Court


text:
Maximallion was the undisputed best racer in the Tri State. Having won illegal high stakes street races for years he carried the title of The King, and was also the president of The Spittin Fire Motorcycle Club. After having a near fatal accident he is forced to reevaluate his priorities in life. Meanwhile his club is immersed in a bitter struggle between two of the most notorious biker gangs in the country. Will he leave the scene forever, or step in the middle of a dangerous mix of crime, sex, drugs, and murder? Can he settle down or be drawn back to the only thing he has ever known? An explosive mix of Biker Boys versus Sons of Anarchy. Fused with a hint of Fast and Furious. Tied together with a ribbon of faith and humility.He shouted out the instructions ashe walked briskly tothe vault. This isa robbery. Everyone get down on thefloor and ... Good, he looked down at his G Shock watch and saw they were at one minute.He pointed the shotgunat the tellers and anbsp;...
|King of The Tri-State
|Omar Harris
|Xlibris Corporation - 2012-03-06


text:
Statik Selektah ft. Mac Miller & Josh Xantus - Groupie Love
By richard | 5 years ago
Buy Song
Artist: Statik Selektah
Track: Groupie Love
Feat. Mac Miller, Josh Xantus
Producer: Statik Selektah
Album: Population Control
While the life of a recording artist is by no means easy, one can't deny the allure of fame, fortune and—last, but most certainly not least—Groupie Love. On the latest single off Statik Selektah's forthcoming full-length, the Boston heavyweight enlists Mac Miller to pay tribute to the joys of random hookups over his upbeat synth production. Complete with a hook by singer Josh Xantus, this is just one of many fresh cuts set for inclusion on Selektah's Population Control LP, dropping October 24, via Showoff Records/Duck Down.
Sample Text - Sample Link
More from Statik Selektah
By Brendan V | 5 months ago
By Brendan V | 10 months ago
By Brendan V | about 11 months ago
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Related Articles
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By Nathan S. | 6 days ago


text:
Gemstar-TVG Guide International, the parent company to the TV Games Network racing channel, suffered a serious blow in court Friday when it lost a crucial patent infringement case.International Trade Commission Judge Paul Luckern's "initial determination" is among the worst possible outcomes expected, according to analysts and patent attorneys. The administrative law judge ruled that three of the company's patents for its on-screen interactive program guide have not been infringed by competing products sold by the Pioneer Electronics, Scientific-Atlanta, EchoStar Communications, and SCI Systems, now a unit of Sanmina-SCI Corp. Additionally, he found Gemstar misused its "television navigation" patent, and that it is unenforceable for "failure to name a co-inventor." The judge's decision means the three companies Gemstar sued may continue to import their cable-TV set-top boxes into the United States.
Pasadena, Calif.-based Gemstar, said it would appeal the decision to the ITC as a whole, and possibly to a federal appellate court if needed."We are clearly disappointed ... We think the ruling is erroneous," Gemstar spokeswoman Lauren Snyder said.
EchoStar shares soared on the news, rising almost 11% in after-hours trading to a high of $20.98. Shares of Gemstar were not traded after hours but were expected to continue falling when the market reopens on Monday. Gemstar dipped to $7, a new 52-week low on June 14. The stock had been trading around $10 a month earlier and around $21 per share in March.The ruling would prolong an important uncertainty for Gemstar, Rob Stone, an analyst with SG Cowen Securities, told Reuters News Service. Gemstar, which publishes TV Guide magazine, is known for aggressively defending its patent claims in court. The company has filed a separate civil suit against Scientific-Atlanta over disputed patents. Without the backing of the ITC, Gemstar has lost much of the leverage it might have otherwise been able to bring to bear to clinch an early settlement of those claims, Stone said.Information from the Wall Street Journal Interactive contributed to this report
TV Games Network Parent Loses Critical Patent Ruling
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Guided Factory tours are offered at 2:00pm on weekdays. No reservations are required. Tours are free and last approximately 30 minutes. They include a behind-the-scenes look at our studio and production areas and Building 14 machine sewing production facility, as well a history of the company. Questions are always welcome.
If you are joining us for lunch prior to the tour, please allow ample time to arrive, order, and eat.
Alabama Chanin @ The Factory
462 Lane Drive
Florence, AL 35630
Please contact events(at)alabamachanin.com for information on group tours.
The Factory | This Week
"Create the highest, grandest vision possible for your life, because you become what you believe." – Oprah Winfrey
We'd like to thank everyone who shopped with us over the weekend during our online sale, and those who visited us at The Factory. We appreciate your support of the work we are doing—making beautiful goods and food right here in our community and in sustainable ways.
Our online Holiday Sample Sale starts today with 30% savings on select garments and special home goods. Savings will increase on select items each day this week. Items sold in our Sample Sale are first come, first served.
We continue to receive shipments of our backordered fabric. Shop all of the colors (including restocked colors) here or in-store.
As the holidays approach, find the perfect gifts in store and in our online Holiday Shop—and visit our Handmade Holiday Shop for gift inspiration for the makers in your life.
Join us for First Mondays at The Factory on December 5th from 8:30am to 11:30am. Bring your own sewing project and notions, and spend some time with your fellow sewers. Afterwards, stay and have lunch in our Factory Café.
Every weekday The Factory offers lunch from our Daily Menu. We offer soups, sandwiches, salad, quiche, fresh seasonal vegetables, cookies, tea, and a selection of wine and beer. Our menu features organic ingredients that are sourced from local farms and purveyors and changes with the seasons. After lunch, join us for a tour of The Factory at 2:00pm. On the tour, you will be able to see our production areas and learn about our history and sustainable manufacturing practices.
Every Saturday from 10:00am to 2:00m join us for Brunch at The Factory. We offer the always popular Farm Breakfast which includes homemade biscuits and gravy, bacon, and scrambled eggs, as well as quiche, French Toast, yogurt with house-made granola, and weekly specials like The Factory Benedict. Complete your meal with a mimosa or a cup of The Factory Blend hot coffee. We proudly use locally-grown, organic ingredients. Our store will also be open from 10:00am – 3:00pm, so stop by after your meal and shop our kitchen wares, artisan-made Collection garments, and machine-sewn clothing and home goods.
Our head chef Zach and The Factory Café team offer catering services and are planning a special menu for Holiday Pickup. We'll do the work; you enjoy. We also host holiday luncheons at The Factory or can cater off-site events. Call +1.256.701.8667 and Anne Ryan will be happy to help—or fill out our online catering form located here.
462 Lane Drive, Florence, AL 35630
Monday – Friday, 10:00am – 5:00pm
Saturday, 10:00am – 3:00pm
Weekday Lunch
Monday – Friday, 11:00am – 2:00pm
Saturday Brunch
10:00am – 2:00pm
View our Daily Menu here.
Learn more about the history of The Factory here.
In addition to daily lunch service and shopping, The Factory is used by the community for small catered lunches, special events, lectures, and as host to local or traveling art exhibits. Current programming includes our Friends of the Café Dinner Series (look for an announcement in late 2016), workshops, and sewing groups. You can view a complete listing of our events here.
First + Third Mondays Sewing Group meets each month from 8:30am – 11:30am.
Visit The School of Making for a comprehensive overview of our Workshop programming hosted at The Factory.


text:
We're compiling the best Holiday 2016 music gear deals. See them here.
Used in the recording of the album "Move Like This" as explained by the guitarist.more
According to Immergluck's official website, he uses the 1971 Fender Vibrolux Reverb.more
Ira uses a Fender Vibrolux Reverb-Amp Combo, as shown in [this]( http://www.guitargeek.com/ira-kaplan-yo-la-tengo-guitar-rig-and-gear-setup-1996/) Guitar Geek rig diagram.more
He can be seen using a Vibrolux Reverb from around 1:15 to 1:30.more
RLM had a Blackface era 1966 Vibrolux Reverb until he sold it via Reverb.com in 2015.more
Dustin doesn't indicate what he is using it for, but this Tweet says: "Just picked up this little beauty from @Fender '68 Vibrolux. So rad. Sounds and looks amazing. Thanks Matt Farrar!"more
At 6:00 in this Rig Rundown for Nicholaus Arson of [The Hives](http://equipboard.com/band/the-hives), his gear is displayed, showing his Fender Vibrolux Reverb-Amp Combo.more
According to his [website](http://www.jimcampilongo.com/about/gear.php), Jim Campilongo has two '70's Vibrolux Reverbs.more
"61 strat and a mint 66 Vibrolux. You need lots of cash for those bad boys!!!!!" says Peter Burton, in this Instagram post.more
When switching to the types of amplifiers she uses, Grace Potter identifies a Fender amplifier that she uses. This one is a Vibrolux.more
Nick's Vibrolux is mic'd up in this photo on Instagrammore
In a picture from a gig, Matt is shown to have a Fender Vibrolux Amp.more
According to Premier Guitar, Ellman uses the 1965 Fender Vibrolux Combo.more
The Hives' Rig Rundown article states, "Arson uses a Fender Bandmaster and '76 Fender Vibrolux, both on all the time."more
As far as amplification goes, on the last record, I used a modified Fender Vibrolux reissue. We ran it super hot in the studio — sometimes running it for eight to ten hours a day — but I found that, while the response I was getting was great in a controlled studio environment, the 2×10? speakers just weren't powerful enough in a live setting.more
"A little jam out on my retro rig. This woulda been the total shizz in the 80's club giggin'. #Fender #VibroluxReverb #DeluxeReverb #ibanezue405 @elliottguitars @thejamesduke #357"more


text:
Born and raised in Poland and living presently in
Canada a graduate of OCAD, I have always painted.
In the last couple of years, I have received a Medal
from France in a Painting Festival in Avignon.
(Grand Prix) . Not my first there. Also I have shown
at the Grand Palais in Paris, before that. Photography
is a second passion.


text:
Stevan Ridley: No lingering effects from head injury in AFC title game
|05.02.13 at 5:43 pm ET
FOXBORO — For Stevan Ridley, a terrific season ended on a sour note when he was knocked out of the AFC title game against the Ravens. The running back — who rushed for 1,263 yards in the regular season — suffered a head injury which left him sidelined in the waning moments of the loss to Baltimore.
In the wake of the injury, Ridley says he's been able to shake off any lingering effects of what happened and move full into the offseason.
'None at all, man," he said Thursday when asked if there were any lingering effects from the head-to-head collision. "Just good sleep and trying to get back on the field. I thank the Lord that I'm healthy and brought me back. All I can do now is move forward from that. But it was a nice hit that I took. Just got to shake it off. Comes with the game.
'It wasn't pretty at all. It was one of the worst [hits] that I took in my life, [but] it comes with the game," he added. "I love the game and I love football. I mean, it's going to happen sometimes. But you got to roll with it. Adjust it. Make sure you're squared away with your doctor, squared away with your team. I'll be out here this year ready to go.'
Ridley finished the season seventh in the league in total yardage, and came within 10 carries of becoming the first Patriots running back to hit 300 carries since Corey Dillon in 2004. That sort of workload helped bring some real balance in the New England offense, but also meant that Ridley needed to make sure that he caught up on his rest over the last couple of months.
"It's always good to get a break," he said. "For us, being in the playoffs the last few years, our break is a little bit shorter than others. But when you take that time, you have to take at least three or four weeks to take time for yourself and visit your family — step away. Once you get back up here it's 24/7. We're back on the clock. Once we're back up here, we're excited to be here and excited about a new year and a fresh start. So, some time off doesn't hurt anybody, but we know it's time to get back to work now that we're here.
Coming off his first 1,000-yard season, Ridley is looking to build some consistency, and become the first running back Bill Belichick has ever had that's been able to string together back-to-back 1,000-yard seasons.
"I'm just still grinding. I'm happy," he said. "Some things went well for me and the team. It worked out for me. But for the future and what's coming up, you just gotta keep working. You know you can't just do it one year. You've got to keep … be consistent with your production. We're just gonna keep working hard. I'm gonna keep following my teammates and challenging each other and trying to put us in the best shape we can be in."
One thing that will be different for the Patriots' ground game in 2013 is the removal of popular veteran Danny Woodhead (who signed a free-agent contract with the Chargers) and the arrival of veteran LeGarrette Blount (who was acquired in a draft weekend deal with the Bucs).
Ridley was clearly sad to see Woodhead go, but eager to get the chance to work with someone like Blount.
"Oh, man — I've talked to Woody I'd say three or four times since he left here. You hate to see the guy go like that, but it was the best move for him. It was him and his family. But we'll stay in touch and we can get across the country and see each other when we need to," he said of Woodhead.
"You're looking at a guy who is 260 pounds, a powerful runner," he added when asked about Blount. "You're looking at a guy who is coming in here to a stable of backs. We just had lunch, just talked a little bit, and now we're excited about it. '¦ The job is not going to be given to anybody, you got to work to get it. With us four in there, I think all four of us can contribute.
"We've got a group of guys that are working hard here, and some younger guys and guys that are hungry to play. So, we're excited about it. Each year holds a new thing and for us, this year we lost a leader but we'll battle back and just work hard and stick together."
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Light+Building 2016
13.03.2016 - 18.03.2016 — Hall: 9.0 Stand: A 44
ENANCER sells home automation and hotel automation devices under the brand ONLY.
ENANCER is part of the FEHST group, a company that supplies the automotive sector since 1997.
Out of the Audio/Hifi development group of Grundig, the engineer-ing team has more than 25 years of experience in creating electron-ics devices.
Our DNA is simplicity. Active since 2006 we offer a complete range of devices for home automation, home security, audio systems and temperature control.
ONLY is a well stablished brand on the Portuguese market where it already has a considerable market share. Internationalization is being developed since 2010.
ONLY provides also solutions developed specifically for Hotels, allowing integrated control of the room systems on personalized touch panels with connectivity to the Central Building Management System.
All our products are certified according to the European regulations applicable to each product group.
Now you can have Smart Home in your house!
ONLY solved the main problems of the traditional home automation systems through the creation of a different system architecture and a very easy and intuitive user interface allowing anyone to config-ure the system.
The main difference to other systems is that it is a distributed sys-tem, and therefore it can be installed on existing houses without major changes. All you need is 1 more wire in the installation for the communication between the devices.
Another main difference is that the system can be configured with-out computers or configuration devices. Configuration can be done by the installer or the end user.
It is also one of the few companies that completely opened its communication protocol from the very first day. This resulted in a number of other companies using the protocol, making the offer of solutions for end-users much larger.
ONLY provides wall switches with touch panels that replace the traditional mechanical switches. The range is composed by devices for the control of On/Off and dimming of lights, window roller shut-ters, motorized gates, programmable thermostats, security panel, audio distribution, remote controls, sensor input devices, gateways for visualization and control over multiple operating systems plat-forms.
With ONLY you get a complete Smart Home system.
Flush-mount ON/OFF device for the switching of 2x230V~ / 10A loads. It provides an interface to...


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Fudgy Black Bean Cookies
Vegan Does It
black beans, medjool date, cocoa powder, almond meal, coconut oil and 5 more
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almond meal, flour, coconut flour, baking soda, salt, Earth Balance Buttery Spread and 16 more
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Food,Pleasure, and Health
bananas, rolled oats, almond meal, dried blueberries, coconut oil and 3 more
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Kingfield Kitchen
pumpkin purée, virgin coconut oil, pure maple syrup, pure vanilla and 7 more
Easiest Almond Cookies
L. Michelle
almond flour, eggs, coconut oil, stevia, almond extract, strawberries and 2 more
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Things My Belly Likes
coconut flour, ground almonds, ground flaxseed, cocoa powder and 12 more
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almond flour, coconut flour, arrowroot powder, baking soda, sea salt and 4 more
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unsalted butter, plain flour, caster sugar, ground almonds, strawberry jam and 1 more
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ground almonds, ground ginger, nutmeg, almond butter, applesauce and 5 more
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bananas, virgin coconut oil, almond flour, natural cocoa
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almond flour, coconut flour, baking soda, Himalayan salt, grass-fed butter and 3 more
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Strictly Paleo…ish!
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sliced almonds, egg whites, pure vanilla extract, stevia extract and 5 more
Apple Spice Cookies; a recipe for comfort when the air turns chilly
baking mix, almond flour, chinese five-spice powder, coconut oil and 5 more
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almond meal, unsweetened shredded dried coconut, confectioners sugar and 8 more
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Paleo Sesame Crackers
Little bits of baking crafting and life
almond flour, egg whites, salt, coconut aminos, toasted sesame seeds
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almond flour, hazelnut flour, cashew butter, maple syrup, coconut butter and 11 more
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rolled oats, wheat germ, flax seed meal, shredded coconut, pumpkin seeds and 14 more
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Nikki's Healthy Cookie
101 Cookbooks
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A Sweet Spoonful
sliced almonds, almond meal, cacao nibs, unsweetened shredded dried coconut and 6 more
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almond meal, coconut oil, pure maple syrup, sea salt, baking soda and 2 more
Apple Pie Breakfast Cookies
The Kitchn
diced apples, light brown sugar, lemon juice, ground cinnamon and 14 more
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Cindy's Table
carrots, chopped almonds, almond meal, unsweetened shredded dried coconut and 5 more
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rice flour, almond meal, salt, coconut, chocolate chips, virgin coconut oil and 3 more
Almond Meal Cookies with Coconut & Chocolate Chips
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salt, almond meal, eggs, coconut oil, honey, seeds, vanilla essence and 1 more
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Chewy Almond Meal Cookies.
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BeschreibungJainism is Buddhism's often overlooked cousin. As the only surviving examples of ancient India's non-Vedic religious traditions, the two religions are often grouped together as 'heterodoxies', but this is to ignore deep differences between Jain and Buddhist beliefs and practices. Unlike Buddhism, Jainism has hardly spread beyond the Indian subcontinent but Jainism survives in India where it is a prominent element in the mix of Indian religions today. As an introduction to Jainism as a religious tradition and way of life, this book pays due attention to Jainism's history and doctrinal basics. However the author emphasises the ways in which formal Jain teachings are manifested in the practices of both laity and the monastic elite; explores the distinctive Jain systems of cosmographic and biological knowledge and describes how Jainism is woven into the social identities of Jain communities in modern India.
PortraitTrained as a social anthropologist, Lawrence A. Babb is Professor Emeritus of Anthropology and Asian Studies at Amherst College.
Untertitel: Sprache: Englisch.
Verlag: Dunedin Academic Press
Erscheinungsdatum: Mai 2015
Seitenanzahl: 160 Seiten
Format: epub eBook
Kopierschutz: Adobe DRM
Alle Preise inkl. MwSt., ggf. zzgl. Versandkosten


text:
Sash Fastener.
Description: Patent for a new and improved sash-fastener. This design consists in "the rack-bar, the pawl consisting of a metallic strip bent into substantially triangular form, one of the angles engaging the rack-bar, the pivot-screw passed through an eye formed at the upper angle of the pawl, and a handle at the remaining angle of the pawl, a stop-pin inserted through the pawl in rear of the engaging-point, and a spring to hold the pawl normally in engagement with the rack-bar" (lines 11-20).
Date: April 2, 1889
Creator: Elkins, William Franklin
Item Type: Patent
Partner: UNT Libraries Government Documents Department


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Dental Laser Whitening for Amazing White Teeth
Fast Teeth Whitening
If you're looking for one of the fastest ways to get whiter teeth and a smile that simply dazzles those around you, laser teeth whitening is the way to go. A very safe dental procedure to undergo, brilliant white teeth is just one dental appointment away.
Laser tooth whitening procedures are very affordable and can take only an hour to go through. This method for get a white smile is also one of the most popular dental methods for both people wanting white teeth and also for dentists to perform. Just about every dentist out there can do a laser whitening and many offer great rates, discounts, and ways to finance your visit if you don't have money right now to pay for it.
This teeth whitening treatment can only be achieved through the work of a dental professional. It's very safe and so if you're worried about the hazards some at-home teeth whitening methods have, you be rest knowing that this method is safe for you and your teeth. This method for getting whiter teeth fast is also very good to have if you've never had teeth whitening done before or if you have stains on your teeth due to coffee or smoking.
What Are The Steps of Laser Teeth Whitening?
The laser teeth whitening procedure is very fast and will get you white teeth in about an hour. The first step of the process is preparing and cleaning your teeth of any plague around your gums. Once finished, the dentist applies a strong peroxide-based gel to your teeth. This gel is used with conjunction with the laser to get you white teeth.
Once the gel is applied, the dental professional then uses a light to active the chemicals in the gel. This step will take about an hour and will whiten your teeth immensely. Most people who have a laser whitening treatment see about a 6 - 10 shade difference in their teeth. So if you wanted drop-dead gorgeous teeth, you got them once this treatment is done!
Occasionally, the laser teeth whitening process may need to be performed again to remove deep stains caused by medications such as tetracycline.
Costs and Other Information for Dental Laser Whitening
While there are some restrictions for people with sensitive teeth, you can still get laser teeth whitening for brighter smile. Different approaches or treatments can be taken for people with sensitive teeth. If you talk to a dentist, they can help you find a treatment or method best for people with sensitive teeth but want a white smile. There are many treatments out there for whitening sensitive teeth and the largest segment of people who get professional white teeth treatment are those with sensitive teeth.
Finally, the cost for laser teeth whitening is very affordable if you're looking for a long term solution for white teeth. Compared to over the counter treatments and toothpastes, you get a lot more bang from your buck with profession teeth whitening. If you are strapped for cash, there is financing for laser teeth whitening available. Depending on how much you spend, some dentists provide 12 months of no interest or payments for qualified clients. The trick for getting a great deal on professional teeth whitening is to shop around online and talk to as many dentists as possible.
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Basement waterproofing in Huntley, MN
Basement water proofing in Huntley, Minnesota may eventually save from having to devote a fortune on repairs later on. You may definitely need to get your cellar water proofed as soon as feasible if you need to prevent investing a lot of money on-water damage fix services. These waterproofing solutions may stop your basement so you won't have to invest hundreds if not tens of thousands of dollars on fix services someday in the future from flooding. Those who need to avoid flooding in their own cellar should begin looking into Huntley, MN cellar water proofing solutions from nearby specialists because of all the advantages they must offer. You'll be able to prevent certain issues like mould and mildew, which could be tremendously expensive to have mended by paying professionals to water proof your basement. If your basement has a history of floods, you really do not desire to take any chances. Water harm may cost a lot of money to fix, which can be why you are going to definitely want to make a stage of acquiring this part of your residence waterproofed as soon as possible. The last thing you need is always to spend a lot of cash on fixing you could have prevented in the first place.
How much does basement waterproofing cost in Minnesota?
There are a few strategies to keep water away from your basement or remove what gets in. The most expensive, as well as the best, can require considerable excavation, our researchers learned in interviewing contractors that were highly graded and home-owners.
Interior-based water proofing methods, commonly called negative side tasks, involve shifting water that's inside your home out. Mending a water issue in the inside might be a more economical alternative, especially where outdoor work is't possible or sensible.
Drain: This technique moves water from the house through a hole or trench in the base, matched with a sump pump. This type of system also needs to include insulation of basement walls, having a steam barrier to protect against condensation. Drainage techniques start at around $2, 000.
Sealants: We do 't urge sealants because they state they fail too easily. The price of a sealant-established waterproofing job may range from $4to $8 a square foot.
Epoxy injection: Like sealants, this option isn't consistently desired because it may supply only a temporary solution to fill cracks in added-concrete walls. $300 can be started at by epoxy injections.
Outdoor water proofing projects are sometimes called favorable aspect occupations because the intention would be to stop water from getting in the home.
Excavation: We consider installing margin drain or a subterranean trench if completed right to be the procedure that is most effective. On the other hand, the typical range for an occupation is $20, 000 to $30,000, and can be as large as $80,000, determined by how accessible the focused places are, how much digging is required and how much landscaping or other work should be renewed.
Sodium bentonite: This process consists of adding a clay substance to the soil around the house absorb water and to fill breaks. Because outside empties can block it's a temporary solution and hard to get a grip on. Prices for this process begin at around $500.
Service area
Zip codes we service: 56047


text:
EXTREMES of nature and the world's most hostile environments will challenge budding explorers in a new interactive exhibition in Forest Hill.
The Horniman Museum and Gardens' family friendly Extremes exhibition opens on February 15 and encourages visitors to step out of their comfort zone with games, experiments and exhibits centred on five environments – extreme heat, cold, aridity, permanent darkness and lack of oxygen.
The activities, specimens, films and photographs explore how plants and animals have adapted to and survive in remarkable conditions.
A polar bear, camel, ostrich, scimitar oryx and pipistrelle bat are among the taxidermy animals on display.
Entry costs £3.30 children, £6.60 adults, £16.59 families.
Go to horniman.ac.uk/extremes for more information.
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Tortillas au Gratin
Total Time
Prep 15 mins
Cook 20 mins
A wonderful appetizer or light meal!
Ingredients Nutrition
- 8 ounces monterey jack cheese, grated
- 8 ounces cheddar cheese, grated
- 1 (4 ounce) candiced green chilies
- 1⁄2 cup sliced green onion
- 8 8-inch flour tortillas
- 2 tablespoons butter
- sour cream
- picante sauce
- Preheat oven to 400.
- Combine cheeses and set aside.
- Combine onions and green chilies and set aside.
- Spray 2 8-inch cake pans lightly with vegtable spray or Pam.
- Place 1 tortilla in each pan.
- Spinkle each tortilla with cheese mixture and then onion and green chilie mixture.
- Top with another tortilla; repeat layers until you have 4 layers.
- Spread the butter on top of the last tortilla in each pan.
- Bake for 20 minutes.
- Let cool, cut each into wedges to serve.
- Serve with sour cream and your favorite picante sauce.
Most Helpful
We were invited to friends' tonight for enchiladas. I took this as an appetizer. I subbed a pre-mixed monterey jack and colby cheese blend for the other cheeses, but otherwise made exactly as stated. I served it with sour cream and my own fresh salsa. I didn't expect the kids to eat it due to the green chilies, but they loved it with sour cream. The adults loved it with everything! Quite an easy and tasty appetizer.
This is another easy, easy recipe that I took on our houseboat/fishing trip last weekend. I made it as stated and it disappeared in minutes with lots of mmmm's! Another nice thing about the recipe is that it lends itself to creativity. Anything that would go into a quesadilla could be used in this dish. Thanks again. We loved it!
Took this to a potluck at work and everyone wanted to know how to make it. Did sub pepper jack and added some sliced pickled jalapenos for a little more kick. Needless to say, I didn't have anything left to take home.


text:
Starting out on my own
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Sarah A. Downey is an attorney, privacy advocate, and writer. She joined Abine in 2010 after receiving her J.D. from the University of Connecticut School of Law, where she received a certification in intellectual property and was a Pudlin First Amendment scholar, and holds a B.A. in Psychology from Hamilton College. A vocal proponent of privacy rights, she writes Abine's expert privacy blog and manages media relations. Her comments on privacy have appeared in such publications as The Wall Street Journal, the New York Times, Forbes, The Economist, CNN, and CNET.
5 innovations in radiology that could impact everything from the Zika virus to dermatology
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A new technology is being developed using just 1% of the finite resource needed for traditional MRIs
Available on iOS or Android


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- Home
- Rota Dent Electric Toothbrush Classic
Rota-Dent Electric Toothbrush - Classic
We apologize for the inconvenience, but we are currently Sold out.
Type: Electric Toothbrush
Vendor: Rota-Dent
Only the Rota-Dent® toothbrush has patented microfilament brush tips designed to reach underneath the gum line and in-between the teeth. Clinically proven to reduce harmful bacteria (dental plaque and gingivitis) beyond the brush tip in Periodontal Pockets...where it counts!
Rota-Dent® features:
- Proven to Save Teeth
- 90,000 Filament Sweeps per Second
- Superior to Leading Powered & Sonic Brushes
- Clinically Proven as Effective as Brushing & Flossing
- Patented Micro Access Technology
What's in the box:
- 1 Hollow Brush Head
- 1 Short Tip Brush Head
- 1 Handle Unit
- 1 Rotadent Charger


text:
| Follow .
Focus: Books Harry Potter, Since: 12-31-09
Founder: Nargus - Stories: 132 - Followers: 215 - id: 77287
Harry being or having magical creature form, being magical Animagus, or having magical creature blood. Mostly as Dragon, Phoenix, Basilisk, or reptiles. But also contain other creatures. Excluded Vampire, Werewolf and Veela.
If you like this, please suggest any stories you think should be added here to me by IM Nargus @ FF.


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Married couple Bipasha Basu and Karan Singh Grover zoomed off to Bali for yet another romantic gateway. The bong bombshell shared pictures on Instagram and wrote, 'Grateful for this blissful experience of Anahata Chakra Ceremony at the Sacred River Spa at #fourseasonssayan @fslbali Must visit pla
Bipasha basu performance at star screen awards 2010 HQ www keepvid com
Bipasha Basu
The much-in-love couple Bipasha Basu and Karan Singh Grover are fitness freaks and often exercise together and keep sharing pictures of their work-out sessions on social media. Bipasha has already released a few fitness-related DVDs, but fans still keep bombarding her with messages asking
Bipasha Basu and hubby Karan Singh Grover are in Delhi to visit the 'Hate Story 3' actor's family. Bipasha visited her in-laws, her new family with husband Karan to spend some quality time with them. The 'Jism' actress announced her presence with her new family by sharing a couple of pictu
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Here is another eye candy application for customization lovers.
"Transparent Notepad" is a small application developed in C# which can be...
Glass Notepad is a standalone application created by "Tyler Colby-Wolter" for Windows Vista and 7 which provides full Glass interface....
oi,mga ka master may ituturo nanaman ako uli sainyo.
yung pano gumawa ng HTML gamit ng NOTEPAD sa windows
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Bored? Try this to your computer
1. Open Notepad.
2. Copy and paste the exact code given below.
Dim Message, Speak
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umh baka po pweding alisin napo ang paggamit ng notepad sa pagshashare ng link,tut at iba pa. kasi po hindi naman po lahat...
Hello guys, on this tutorial I will be showing you how to lock folders with a simple batch script.
Open Notepad from your Start -> All Programs...
[IMG]Notepad++ is a free source code editor (and Notepad replacement), which supports several programming languages, running under the MS Windows...
Separate names with a comma.