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argued: January 28, 1992.
DRANOFF-PERLSTEIN ASSOCIATES, APPELLANTv.HARRIS J. SKLAR
On Appeal from the United States District Court for the Eastern District of Pennsylvania. (D.C. Civil Action No. 90-05003)
Before: Stapleton, Scirica and Alito, Circuit Judges
Opinion OF THE COURT
SCIRICA, Circuit Judge.
In this trademark infringement action, plaintiff Dranoff-Perlstein Associates appeals the district court's order granting summary judgment for defendant Harris J. Sklar. We agree with the district court that a portion of plaintiff's mark is generic and unprotectible. However, because we are unable to determine on the present record whether there is a likelihood of confusion between the parties' marks as a whole, we will reverse and remand for further proceedings.
Dranoff-Perlstein Associates and Harris J. Sklar both practice personal injury law in the Delaware Valley. In 1984, Dranoff-Perlstein began using "INJURY-1" as its telephone number, and embarked on an advertising campaign designed to capitalize on that mnemonic.*fn1 The campaign included, among other things, sixty-second advertisements on several popular local radio stations;*fn2 advertisements in the "yellow pages" of the telephone book;*fn3 and postage meter tapes with a telephone and the number "I-N-J-U-R-Y-1" prominently featured.
In 1990, Sklar obtained the telephone number "INJURY-9," and began an advertising campaign designed to capitalize on his mnemonic. Sklar's campaign included radio spots,*fn4 advertisements in the yellow pages, newsletters, and handbills, all of which prominently featured the INJURY-9 mnemonic.
On May 4, 1990, Sklar applied for registration of "INJURY-9" as a service mark on the principal register at the United States Patent and Trademark Office. On May 29, 1990, Dranoff-Perlstein applied for registration of "INJURY-1" as a service mark.
On July 31, 1990, Dranoff-Perlstein filed this action in the United States District Court for the Eastern District of Pennsylvania. In its Amended Complaint, Dranoff-Perlstein alleged that Sklar's use of "INJURY-9" constituted unfair competition and trademark infringement under the common law and § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1988), which governs unregistered trademarks. The Amended Complaint also included a pendent state law claim for trademark dilution under 54 Pa. Cons. Stat. Ann. § 1124.
On November 21, 1990, Dranoff-Perlstein asked the Patent and Trademark Office to suspend prosecution of Sklar's application for registration during the pendency of this case. That request was granted on November 28, 1990.
On cross-motions for summary judgment, the district court granted Sklar's motion, and dismissed the case with prejudice. The court held, in the alternative: (1) that the marks in question were "functional and generic," and thus not entitled to trademark protection; or (2) if the marks were descriptive, that no showing of "secondary meaning" had been or could be made that would justify trademark protection.
The district court had original jurisdiction under 28 U.S.C. § 1338. We have appellate jurisdiction under 28 U.S.C. § 1291.
In our plenary review of the district court's grant of summary judgment, we apply "'the same test the district court should have utilized initially.'" Erie Telecommunications, Inc. v. City of Erie, 853 F.2d 1084, 1093 (3d Cir. 1988) (quoting Goodman v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir. 1976), cert. denied, 429 U.S. 1038, 50 L. Ed. 2d 748, 97 S. Ct. 732 (1977)). Therefore, we must determine whether the evidence, taken in the light most favorable to Sklar, demonstrates that there are no genuine issues of material fact and that Dranoff-Perlstein is entitled to judgment as a matter of law. Id.
Section 43(a) of the Lanham Act "extends protection to unregistered trademarks on the principle that unlicensed use of a designation serving the function of a registered mark constitutes a false designation of origin and a false description or representation." A.J. Canfield Co. v. Honickman, 808 F.2d 291, 296 (3d Cir. 1986). However, a designation is only protectible "if the public recognizes it as identifying the claimant's 'goods or services and distinguishing them from those of others.'" Id. (quoting 1 J. Thomas McCarthy, Trademarks and Unfair Competition § 15:1, at 657 (2d ed. 1984)).
Under the Lanham Act, service marks, which are used to identify the source of services, are entitled to the same legal protection as trademarks, which are used to identify the source of goods. 1 Jerome Gilson, Trademark Protection and Practice § 1.02[1][b], at 1-11 (1991). Although technically distinct, the terms are often used interchangeably, with no significant legal consequences. Id.
Trademark law recognizes four separate categories of marks, based on their levels of inherent distinctiveness. From most distinctive to least distinctive, these categories are: (1) arbitrary terms; (2) suggestive terms; (3) descriptive terms; and (4) generic terms. Although these categories are often separated by only the finest of lines,*fn5 the "distinctions are crucial," for:
If we hold a term arbitrary or suggestive, we treat it as distinctive, and it automatically qualifies for trademark protection at least in those geographic and product areas in which the senior user applies it to its goods. If we hold a mark descriptive, a claimant can still establish trademark fights, but only if it proves that consumers identify the term with the claimant, for that identification proves secondary meaning. . . . Finally, if we hold a designation generic, it is never protectable because even complete "success . . . in securing public identification . . . cannot deprive competing manufacturers of the product of the right to call an article by its name."
Honickman, 808 F.2d at 297 (quoting Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. 1976)) (other citations omitted).
One question presented by this case is whether a service mark that corresponds to the markholder's telephone number may acquire trademark protection. The mere fact that the parties marks correspond to their telephone numbers does not substantially alter our analysis.*fn6 Most courts to consider the question have held that marks which correspond to telephone numbers may be protectible. See, e.g., Dial-A-Mattress Franchise Corp. v. Page, 880 F.2d 675 (2d Cir. 1989); Murrin v. Midco Communications, Inc., 726 F. Supp. 1195 (D. Minn. 1989); American Airlines, Inc. v. A 1-800-A-M-E-R-I-C-A-N Corp., 622 F. Supp. 673 (N.D. Ill. 1985); Chicago World's Fair - 1992 Corp. v. 1992 Chicago Worlds' Fair Comm'n, No. 83-C-3424, slip op. (N.D. Ill. Aug. 16, 1983). See also 3 Rudolf Callman, The Law of Unfair Competition, Trademarks and Monopolies § 18.23, at 209 (Supp. Nov. 1991) ("Telephone numbers may be protected as trademarks."). But see Cytanovich Reading Ctr. v. Reading Game, 162 Cal. App. 3d 107, 208 Cal. Rptr. 412, 225 U.S.P.Q. (BNA) 588 (1984).
"To function as a trademark, a term must be . . . an indicator of source, sponsorship, approval or affiliation." Honickman, 808 F.2d at 305 (quoting S. Rep. No. 627, 98th Cong., 2d Sess. 2, reprinted in 1984 U.S.C.C.A.N. 5719). To the extent a mark that corresponds to a telephone number performs these functions, it may, if the other requirements of trademark law are met, be entitled to trademark protection. Dial-A-Mattress, 880 F.2d 675. As the United States Court of Appeals for the Second Circuit has noted, "Companies doing significant business through telephone orders frequently promote their telephone numbers as a key identification of the source of their products." Dial-A-Mattress, 880 F.2d at 678. Although law firms and other providers of services do not solicit "telephone orders," some firms do generate significant business through telephone inquiries. Like vendors of consumer products, service providers "frequently promote their telephone numbers as a key identification of the source" of their services.*fn7
The use of telephone numbers as service marks appears to be a relatively recent phenomenon. As late as 1984, one court noted that it was unable to find any appellate cases on the question whether telephone numbers could constitute service marks. Cytanovich Reading Ctr. v. Reading Game, 162 Cal. App. 3d 107, 208 Cal. Rptr. 412, 225 U.S.P.Q. (BNA) 588 (1984). Even today, the only federal appellate case addressing whether telephone numbers may receive trademark protection appears to be the decision of the United States Court of Appeals for the Second Circuit in Dial-A-Mattress Franchise Corp. v. Page, 880 F.2d 675 (2d Cir. 1989). In Dial-A-Mattress, the court affirmed the district court's order enjoining defendant from using the telephone number "1-800-MATTRESS" in regions in which the plaintiff corporation had previously solicited telephone orders at the number "(area code)-MATTRES." The court held that "a competitor's use of a confusingly similar telephone number may be enjoined as both trademark infringement and unfair competition." Id. at 678 (citations omitted). The court further held that even telephone numbers that correlated to generic terms were protectible; in its view, the principles limiting trademark protection for generic terms did not allow competitors to adopt a telephone number that was confusingly similar to that of the plaintiff, even if the plaintiff's telephone number correlated to a generic term. Id.
Relying in part on Dial-A-Mattress, the court in Murrin v. Midco Communications, Inc., 726 F. Supp. 1195 (D. Minn. 1989), enjoined defendant from using the telephone number 800-529-9377 ("800-LAW-YERS") in a manner that would infringe plaintiff's service mark in the phrase "Dial LAWYERS." Specifically, the court enjoined defendant from "advertising or in any way using the telephone number (800) 529-9377 . . . in conjunction with the word 'dial;'" and from "advertising or in any way using the telephone number (800) 529-9377 . . . with any symbols resembling dots or hyphens between the letters of the word 'LAWYERS' when that word is used to indicate a telephone number." 726 F. Supp. at 1201.
The Second Circuit's decision in Dial-A-Mattress appears to hold that even if the letters correlating to a telephone number spell a generic term, that telephone number may be subject to trademark protection, despite the fact that generic terms ordinarily are not protectible. However, as this court stated in Honickman:
Underlying the genericness doctrine is the principle that some terms so directly signify the nature of the product that interests of competition demand that other producers be able to use them even if terms have or might become identified with a source and so acquire "de facto" secondary meaning. . . . Courts refuse to protect a generic term because competitors need it more to describe their goods than the claimed markholder needs it to distinguish its goods from others.
808 F.2d at 304. We see no reason to depart from this policy in the context of marks that correspond to telephone numbers. Therefore, we decline to adopt the position espoused by the Second Circuit that telephone numbers which correlate to generic terms may be protectible as trademarks. *fn8
Generic terms are denied trademark protection because granting one firm their exclusive use would place competitors at a serious competitive disadvantage. 1 Gilson, supra, § 2.02, at 2-23. If telephone numbers that correlate to generic terms were granted protection, the first firm in a given market to obtain such a telephone number would, merely by winning the race to the telephone company,*fn9 gain an unfair advantage over its competitors. See Anthony L. Fletcher and David J. Kera, The Forty-Third Year of Administration of the Lanham Trademark Act of 1946, 80 Trademark Rep. 591 (1990).*fn10
Even though we decline to endorse the view of the courts in Dial-A-Mattress and Murrin that telephone numbers which correlate to generic terms may merit trademark protection Dranoff-Perlstein would be entitled to prevail if its mark were found to be arbitrary, suggestive, or descriptive and possessing secondary meaning.*fn11 Therefore, we must determine whether the district court erred in holding that "INJURY-1" is either (1) "generic," or (2) "descriptive" and without secondary meaning. This court has defined the relevant terms as follows:
arbitrary (or fanciful) terms, which bear "no logical or suggestive relation to the actual characteristics of the goods;" suggestive terms, which suggest rather than describe the characteristics of the goods; descriptive terms, which describe a characteristic or ingredient of the article to which it refers, and generic terms, which function as the common descriptive name of a product class.
Honickman, 808 F.2d at 296 (emphasis added) (citing Keebler Co. v. Rovira Biscuit Corp., 624 F.2d 366, 374 n.8 (1st Cir. 1980)).
The mark is certainly not arbitrary; "INJURY-1" does bear some "logical or suggestive relation" to the services supplied by personal injury lawyers. Thus, the mark is either suggestive, descriptive, or generic.
Suggestive marks, like arbitrary marks, are "protected without any necessity for proving secondary meaning." 1 McCarthy, supra, § 11:20, at 488. "The descriptive-suggestive borderline is hardly a clear one. . . . The most popular test with the courts is the 'imagination' test." Id., § 11:21, at 491. One oft-quoted formulation of that test states:
A term is suggestive if it requires imagination, thought or perception to reach a Conclusion as to the nature of goods. A term is descriptive if it forthwith conveys an immediate idea of the ingredients, qualities or characteristics of the goods.
Honickman, 808 F.2d at 297 (quoting Stix Prods., Inc. v. United Merchants & Mfrs., Inc., 295 F. Supp. 479 (S.D.N.Y. 1968)); accord, 1 McCarthy, supra, § 11:21, at 491-92. Under this test, the mark appears to be descriptive (or generic), because little imagination is necessary in order to get from "INJURY-1" to personal injury lawyers; the word "INJURY" "forthwith conveys an immediate idea of the . . . characteristic[]" of the services provided. Cf. Honickman, 808 F.2d at 298 ("Because chocolate fudge denotes a flavor, no imagination is required for a potential customer to reach a Conclusion about the nature of Canfield's soda.").
In addition to the amount of imagination required to connect the term in question with a characteristic of the product or service being marketed, courts have considered "whether sellers of similar products [or services] are likely to use, or actually do use, the term in connection with their goods." Security Ctr., Ltd. v. First Nat'l Security Ctrs., 750 F.2d 1295, 1299 (5th Cir. 1985). Frequent use of a term by sellers of similar products or services tends to indicate that the term is descriptive or generic rather than suggestive. Id. at 1300. Not surprisingly, the term "injury" is frequently used by personal injury lawyers in marketing their services.*fn12
The policy underlying the distinction between descriptive and suggestive terms is that the automatic exclusion of a descriptive term from commercial use "would be commercially disruptive and unfair to competitors." Security Ctr., 750 F.2d at 1300. Although the distinction between suggestive and descriptive marks "is, undoubtedly, often made on an intuitive basis rather than as the result of a logical analysis susceptible of articulation," Union Carbide Corp. v. Ever-Ready Inc., 531 F.2d 366, 379 (7th Cir. 1976), we are persuaded that "INJURY-1" lies on the descriptive side of that elusive boundary.*fn13
Where a descriptive term has come to be identified with a single source of a product or service, competitors should not be allowed a "free ride" on the good will that source has created through its effort and investment. 1 McCarthy, supra, § 2.10, at 85. Therefore, a descriptive mark is protectible if it has acquired "secondary meaning." Id., § 11:9, at 453-55.*fn14 One "excellent capsule definition of secondary meaning" states:
When a particular business has used words publici juris for so long or so exclusively or when it has promoted its product to such an extent that the words do not register their literal meaning on the public mind but are instantly associated with one enterprise, such words have attained a secondary meaning. That is to say, a secondary meaning exists when in addition to their literal, dictionary meaning, words connote to the public a product from a unique source.
1 McCarthy, supra, § 11:9, at 455-56 (quoting Charcoal Steak House, Inc. v. Staley, 263 N.C. 199, 139 S.E.2d 185 (1964)). In order for secondary meaning to exist, "it is not necessary for the public to be aware of the name of the [source]. . . . It is sufficient if the public is aware that the product [or service] comes from a single, though anonymous, source." Union Carbide Corp., 531 F.2d at 380. The factors relevant to determining whether a mark has acquired secondary meaning include:
the extent of sales and advertising leading to buyer association, length of use, exclusivity of use, the fact of copying, customer surveys, customer testimony, the use of the mark in trade journals, the see of the company, the number of sales, the number of customers, and actual confusion.
Ford Motor Co. v. Summit Motor Prods., Inc., 930 F.2d 277, 292 (3d Cir.), cert. denied sub nom. Altran Corp. v. Ford Motor Co., 116 L. Ed. 2d 324, 112 S. Ct. 373 (1991) (citations omitted).
"The question remains whether the term . . . is descriptive because it only describes characteristics or functions of the product [or service] or whether it is so commonly descriptive of the name of the product [or service] that we should consider it generic." Honickman, 808 F.2d at 298.*fn15 The test for genericness is whether consumers think the term represents "the generic name of the product [or service] or a mark indicating merely one source of that product [or service]." 1 McCarthy, supra, § 12:2, at 522 (citing Feathercombs, Inc. v. Solo Prods. Corp., 306 F.2d 251 (2d Cir. 1962)). See also Honickman, 808 F.2d at 292-93 ("The jurisprudence of genericness revolves around the primary significance test, which inquires whether the primary significance of a term in the minds of the consuming public is the product [or service] or the [source].").
"To be generic, a term need not relate directly to the name of the product [or service], but may relate to some distinctive characteristic of that genus of products [or services]." 1 McCarthy, supra, § 12:2, at 526. A term that is generic for one type of product or service may be non-generic for another. A.J. Canfield Co. v. Vess Beverages, Inc., 796 F.2d 903, 906 (7th Cir. 1986). See, e.g., Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 n.6 (2d Cir. 1976) (term "Ivory" generic as to products made from elephant tusks but arbitrary as to soap).
"The line between highly descriptive marks and generic names is as fuzzy and undefinable as the line between descriptive marks and suggestive marks. However, the difference is crucial. If determined to be generic, that term can never function as a mark or be given trademark protection; but if determined to be descriptive, the word can be given trademark protection upon proof of secondary meaning." 1 McCarthy, supra, § 12:5, at 539 (footnotes omitted).
In deciding whether a term is generic, courts have focused on the availability of commonly used alternatives. Honickman, 808 F.2d at 306 n.20. As we noted in Honickman:
If no commonly used alternative effectively communicates the same functional information, the term that denotes the product [or service] is generic. If we held otherwise, a grant of trademark status could effectively prevent a competitor from marketing a product [or service] with the same characteristic. . . .
Id. at 306.
Because telephone numbers contain only an area code and seven digits, the range of commonly used alternatives which effectively communicate the same functional information as the word "injury" is severely limited in that context. For example, the phrase "personal injury," while otherwise an effective substitute, is too long for use as a telephone number. If Dranoff-Perlstein could preclude competitors from using the word "injury" in their telephone numbers, it would achieve the kind of unfair competitive advantage the genericness doctrine is supposed to prevent. See 1 Gilson, supra, § 2.02, at 2-23.
The determination whether the term "INJURY," as contained in "INJURY-1," is generic or descriptive depends in part on how we define the relevant product category, or "genus." Honickman, 808 F.2d at 298. If we define the genus as "lawyers," the term would appear to be descriptive. However, if we define the genus as personal injury lawyers," the term would appear to be "so commonly descriptive of the name of the product [or service] that we should consider it generic. Honickman, 808 F.2d at 298.
As this court observed in Honickman, the usual tests for genericness provide little guidance on this issue. Id. at 301. After a thorough review of the law of genericness, the Honickman court stated:
Although we do not believe we have derived a formula that will differentiate the product brand from the product genus in all cases, we believe that application of these general principles of trademark law to this case, which involves at best a descriptive word not a coined term, is straightforward. We hold as follows: If a producer introduces a product that differs from an established product class in a particular characteristic, and uses a common descriptive term of that characteristic as the name of the product, then the product should be considered its own genus. Whether the term that identifies the product is generic then depends on the competitors' need to use it. At the least, if no commonly used alternative effectively communicates the same functional information, the term that denotes the product is generic.
Id. at 306 (footnote and citations omitted; emphasis added).*fn16 It would appear that, at least with regard to personal injury lawyers, no commonly used alternative to the word "injury" would effectively communicate the same information, because the word "injury" is integrally related to a "distinctive characteristic" of the services being provided.
In recent years, the legal profession has become increasingly specialized. See William H. Rehnquist, Dedicatory Address: The Legal Profession Today, 62 Indiana L. J. 151, 153 (1987); See also Ronald J. Gilson and Robert H. Mnookin, Symposium on the Law Firm as a Social Institution: Sharing among the Human Capitalists, 37 Stanford L. Rev. 313, 328 (1985) (noting "historical pattern of increased specialization in the legal profession"). Many contemporary law firms, including Dranoff-Perlstein, confine their practice exclusively, or nearly so, to cases involving personal injury.*fn17 Within this practice area, competitors' need to use the term "INJURY" to describe their services is manifest. See supra note 12.
In light of the relevant factors identified in Honickman, we hold that personal injury law is properly regarded as its own genus, and that the term "INJURY," as contained in "INJURY-1," is "so commonly descriptive of the name of the [service] that we should consider it generic." See Honickman, 808 F.2d at 298 (citation omitted). Dranoff-Perlstein's competitors may not be precluded from using the term "INJURY" in their advertising, or even as part of their telephone numbers. To do so would be to deny competitors the right to call the practice of personal injury law by its name. See Kellogg Co. v. Nat'l Biscuit Co., 305 U.S. 111, 119, 83 L. Ed. 73, 59 S. Ct. 109 (1938) ("Like every other member of the public, [defendant] was, and remained, free . . . to call [its] product by its generic name.").
That does not end our inquiry, however, because the mark for which protection is sought is not "INJURY" but "INJURY-1." According to Professor McCarthy, "the validity of a mark must be determined by looking at the mark as a whole." 1 McCarthy, supra, § 11:10 at 458. However, "adding a suffix to a generic term, such as 'ize' to 'Nylon' to produce NYLONIZE for treating fabrics with a nylon process, will not change the generic nature of the word." Id., § 12:12(C) at 556 (citing Scholler Bros., Inc. v. Bick, Inc., 110 U.S.P.Q. 431 (1956)). Furthermore, as the United States Court of Appeals for the Federal Circuit has stated:
That a particular feature is descriptive or generic with respect to the involved goods or services is one commonly accepted rationale for giving less weight to a portion of a mark. . . . Without question, the descriptive or generic character of an expression which forms part of both marks under consideration is pertinent to the likelihood of confusion. . . . Where a descriptive [or generic] term forms part of two or more marks for related products [or services] . . . the decisions recognize that the purchasing public has become conditioned to this frequent marketing situation and will not be diverted from selecting what is wanted unless the overall combinations have other commonality. In a sense, the public can be said to rely more on the non-descriptive [or non-generic] portion of each mark.
In re Nat'l Data Corp., 753 F.2d 1056, 1058-59, 1060 (Fed. Cir. 1985). See also Keebler Co. v. Murray Bakery Prods., 866 F.2d 1386 (Fed. Cir. 1989) (court may properly give less weight to merely descriptive portion of composite marks in analyzing likelihood of confusion); 2 McCarthy, supra, § 23:15(F) (supp. 1990 at 44) ("Descriptive or generic portion [of composite mark] is given less weight on the rationale that the public will look to other portions of the marks and will not be confused unless the other portions are similar.
In an analogous case, the United States Court of Appeals for the Second Circuit considered a trademark infringement action involving two vaccines, one marketed under the name HibVAX" and an identical vaccine marketed under the name "HIB-IMUNE." American Cyanamid Corp. v. Connaught Lab., Inc., 800 F.2d 306 (2d Cir. 1986). Both vaccines were used to immunize children against Haemophilus influenzae type b diseases, also known by the generic names "H-FLU" and "Hib." Id. at 307.
In analyzing the allegations of infringement, the court first recognized the principle that "[a] trademark holder cannot appropriate generic or descriptive term's for its exclusive use, and a trademark infringement finding thus cannot be based on the use of a generic or descriptive term such as 'Hib.'" Id. at 308.*fn18 The court went on to state:
This principle applies equally to a generic component of a trademark. Although such a component will not necessarily render the trademark invalid, its presence does affect the analysis of whether a competitor's mark containing the same component is likely to create confusion. As a result, because the generic term "Hib" may not be appropriated by [plaintiff] for its exclusive use, any likelihood of confusion between HibVAX and HIB-IMUNE, and any consequent finding of infringement, must be based on a similarity between the suffixes "VAX" and "IMUNE."
Id. at 308. See also 2 McCarthy, supra, § 23:15, at 89 ("If a common portion of the two conflicting marks is a public domain generic word, the emphasis of the enquiry should be upon the confusing similarity of the nongeneric portion, with the ultimate issue determined by the confusing similarity of the total impression of both marks."). Similarly, any finding of infringement here must be based primarily on a likelihood of confusion between the suffixes "1" and "9."*fn19
Some of the cases involving alleged infringement of the mark "COCA-COLA" are useful by way of illustration. The word "COLA" has long been held to be generic and free for all to use. See Coca-Cola Co. v. Snow Crest Beverages, Inc., 162 F.2d 280, 283 (1st Cir.), cert. denied, 332 U.S. 809, 92 L. Ed. 386, 68 S. Ct. 110 (1947); Dixi-Cola Lab., Inc. v. Coca-Cola Co., 117 F.2d 352, 360 (4th Cir.), cert. denied, 314 U.S. 629 (1941). The marks "TAKA COLA,"*fn20 "CLEO COLA,"*fn21 and "CUP-O-COLA"*fn22 have been held confusingly similar to "COCA-COLA." Conversely, the marks "DIXI-COLA,"*fn23 "RONRICOLA,"*fn24 and "POLAR COLA"*fn25 have been held not to be confusingly similar to "COCA-COLA." See 2 McCarthy, supra, § 23:15, at 90.
The existence of secondary meaning and likelihood of confusion are questions of fact. See American Home Prods. Corp. v. Barr Lab., Inc., 834 F.2d 368, 370 (3d Cir. 1987). Rather than attempting to resolve these factual questions on the record before us, we will remand the case to the district court for a determination of these issues. If it finds secondary meaning,*fn26 the district court should consider the likelihood of confusion between the two marks in their entireties, with the emphasis of the inquiry on the non-generic portions of the disputed marks. See 2 McCarthy, supra, § 23.15, at 89.
Likelihood of confusion exists "'when the 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.'" Ford Motor Co., 930 F.2d at 292 (quoting Scott Paper Co. v. Scott's Liquid Gold, Inc., 589 F.2d 1225, 1229 (3d Cir. 1978)). "'Proof of actual confusion is not necessary; likelihood is all that need be shown.'" Id. (quoting Opticians Ass'n of America v. Independent Opticians of America, 920 F.2d 187, 195 (3d Cir. 1990)). As we stated in Ford Motor Co., the likelihood of confusion analysis requires the evaluation of a number of factors, including:
(1) the degree of similarity between the owner's mark and the alleged infringing mark; (2) the strength of owner's mark; (3) the price of the goods [or services] and other factors indicative of the care and attention ejected of consumers when making a purchase; (4) the length of time defendant has used the mark without evidence of actual confusion arising; (5) the intent of the defendant in adopting the mark; (6) the evidence of actual confusion;. (7) whether the goods [or services], though not competing, are marketed through the same channels of trade and advertised through the same media;[*fn27] (8) the extent to which the targets of the parties' sale efforts are the same; (9) the relationship of the goods [or services] in the minds of the public because of the similarity of function . . .
Id. at 293 (citing Scott Paper Co., 589 F.2d at 1229).
For the foregoing reasons, we will reverse the order of the district court granting Sklar's motion for summary judgment, and remand for further proceedings consistent with this opinion.
STAPLETON, J., Concurring.
I, too, would reverse the judgment of the district court and remand for further proceedings. My instructions to the district court, and my analysis supporting those instructions, would be different from those of the court, however.
If an advertisement does nothing more than instruct a reader to call 465-8791, this gives rise to no trademark or service mark protection under the Lanham Act or the common law of trademarks. The same is true if an ad does nothing more than tell a reader to call INJURY-1. As the court's opinion recognizes, such protection exists only when a mark is being used to identify the source of goods or services. Thus, a mnemonic that is utilized for no other purpose than to help a potential client remember a telephone number is not entitled to trademark protection.
Nevertheless, the plaintiff in this case has used the mark INJURY-1 in printed form as an identification of the source of the legal services plaintiff offers, and to that extent, I agree with the court that the Lanham Act and the common law of trademarks are implicated. I further agree with the court's statement at the beginning of its opinion, as contrasted with its later analysis, indicating that the memory-assisting function of a mnemonic is irrelevant to the issue of the validity of a mark.
Finally, I agree with the court that INJURY-1 is neither arbitrary nor suggestive when used to identify a source of legal services for persons who have suffered personal injury. Though the issue is a close one, I am persuaded that that mark is descriptive of such services in a manner sufficiently direct to foreclose its characterization as a suggestive service mark.
While I am in agreement with the court's opinion in the above respects, I am unable to join it. To begin with, I think it fundamental that the validity of a trade or service mark must be determined by considering the mark as a whole, not by dissecting and analyzing its component parts. As the Supreme Court has had occasion to observe:
The commercial impression of a trademark is derived from it as a whole, not from its elements separated and considered in detail. For this reason, it should be considered in its entirety. . . ."
Estate of P. D. Beckwith, Inc. v. Commissioner of Patents, 252 U.S. 538, 545-46, 64 L. Ed. 705, 40 S. Ct. 414 (1920); 1 J. Thomas McCarthy, Trademarks and Unfair Competition 458 (1984).
Taking INJURY-1 as a whole, I would find that it is not generic when used to identify a source of legal services for those who have suffered personal injury. It may conceivably indicate to the public a source of such legal services; clearly, I think, it is not taken by the public as the name of the services themselves.
Having determined that the plaintiff's service mark is descriptive and not generic, I would remand for the district court to address, in turn and to the extent necessary, the issues of the existence of secondary meaning,*fn1 the likelihood of confusion,*fn2 and the extent and appropriateness of the various available remedies.
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The Militant, New York. 1968, 8p., tabloid newspaper, a facsimile of the original printed on glossy paper to mark the 40th anniversary of the publication, edgeworn, foxing to edge below the fold. Headline article is "For the Russian Opposition! Against opportunism and bureaucracy in the Workers Communist Party of America!" by James P. Cannon, Martin Abern and Max Shachtman
Cat.No: 135630
Price: $12.00
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subset: commoncrawl


text:
Futsal Laws Test #98
Free Futsal FIFA Laws of the Game Quiz and Tests for Referee's, Coaches, Players and Fans
Are you sure you want to exit this test?
BEWARE: This page is the Futsal TESTS and is NOT the SOCCER(FOOTBALL) TESTS!!!!
Click here for Soccer
0% Correct
Click on your answer.
More Tests
1 of 4
Which of the following actions is incorrect when a kick-in is taken? The player taking the kick must…
(a)take the kick within four seconds after being able to do so.
use both hands.
(c)kick the ball, which must be motionless either in the place where it left the pitch, or outside the pitch at a distance of no greater than 25cm from said place.
(d)have a foot on the touch line or outside the pitch .
Reference: Law 15 - The Kick-in ; Law 16 - The Goal Clearance ; Law 17 - The Corner Kick
2 of 4
A player kicks the ball towards his opponents` goal, when the ball is in motion the acoustic signal indicates the end of the match, a defending player, not the goalkeeper, touches the ball with his hand but the ball still enters the goal. What action should the referees take?
(a)Allow the goal.
Send off the player and sanction the defending team with a penalty.
(c)Disallow the goal, the period finished when the ball touched the defender.
(d)None of the previous answers is correct.
Reference: Law 7 - The Duration of the Match ; Law 8 - The Start and Restart of Play
3 of 4
One of the referees indicates that the ball has left the pitch after an attacking player has kicked it. After the signal, a defending player strikes an opponent with his fist using excessive force. What action should the referees take?
(a)Send off the defending player for violent conduct, and restart the match with a penalty kick to the opposing team.
As the ball is out of play, Send off the defending player for violent conduct, and restart the match with a kick-in, goal clearance or corner kick.
(c)As the ball is out of play, Send off the defending player for serious foul play, and restart the match with a kick-in, goal clearance or corner kick.
(d)None of the previous answers is correct.
Reference: Law 12 - Fouls and Misconduct
4 of 4
Where should a player who is being substituted leave the pitch from?
(a)The halfway line.
Via the substitution zone of by crossing any boundary line, depending on the situation.
(c)Wherever the third referee indicates.
(d)Only via the touch lines.
Reference: Law 3 - The Number of Players
AReferee.com is not associated with FIFA, USSF or AYSO. Publications and Trademarks referenced in this site are the property of their respective owners.
Contact us -
Copyright © 2016 AReferee.com All Rights Reserved.


text:
your bag
Your bag is empty.
Sorry, this product has sold out!
If you would like ARCHFASHION to try to and find it for you complete the form below.
These gorgeous kate goldl ballet flats by walnut of melbourne will match with most outfits. Versatile gold colour with elastic sides, feature toe and heels. Non slip soles


text: GRANT MILLER "Red For Love" (Remix) 1985 [Fancy] italo disco 80's "hard-to-find remix" OUT OF PRINT RARE! Hi-NRG Eurobeat • Italo Disco HiNrg • Year : 0 • On demand! (album available 128-320kbs)* 0 Label Facebook Twitter Google+ Pinterest Hide/Show Album Info GRANT MILLER"Red For Love" (Remix) 1985[Fancy] italo disco 80's"hard-to-find remix"OUT OF PRINT RARE! Hi-NRG Eurobeat-GRANT MILLER, the successful American 80's Italo Disco Artist, based in Germany and championed by EuroDisco legendary artist and music producer, FANCY!Grant Miller: "I'll never forget the night I was at a dinner party where non-other than "Divine" himself was there! We started talking and spent hours getting to know each other. He immediately invited me to come to the music studio the next day, where he was working on a new catchy dance production with a producer I had never heard of in the U.S....someone called FANCY!?! Divine introduced me to Fancy and arranged for me to audition for him the next day. Fancy (or Tess) gave me a cassette of a song called "Colder Than Ice" and he told me to learn it by the next day! I was terrified and excited at the same time. So, the next day I met him in his long white Mercedes limousine. He popped the tape into the stereo and said, "Okay Sing". I guess he liked what he heard because that song became my first hit single, a cover version of one of Fancy's songs. Tess arranged an elaborate photo session for the cover and within 10 DAYS of that meeting at the restaurant, my first record was stacked in the windows of every record store in Germany. It was the autumn of 1985, and the soring beat of "Colder Than Ice" and "Red For Love" was pounding through the discos of Europe".SCORES 10/10!RETRO DISCO Hi-NRG #tags The album code is : ODI185406 You may also like ... Fancy - Fancy Presents Retro Disco RARE RELEASES !!!! Fancy - ... FANCY presents RETRO DISCO SHOW 80 S FANCY ... Grant Miller - Track In The Snow - 12'' Single - 1988 Grant ... Various - 80'S DISCO STARS Vol.1(FANCY presents) Various - ... Grant Miller - The Maxi-Singles Collection (2007) Grant ... Various - Disco Fox Classics Vol.3 Various -


text: PHOTOS: Craig Chandler – about the closest thing there is to ballot box poison in Alberta. (Photo from Mr. Chandler via the CBC.) Below: Progressive Conservative interim Leader Ric McIver. Craig Chandler – just about the closest thing to ballot box… . . . → Read More: Alberta Politics: Acclaimed to party official's job, social conservative activist Craig Chandler is sure to embarrass Ric McIver and his sad sack PCs


text:
Separate names with a comma.
Discussion in 'A3/S3 Forum (8L Chassis)' started by A3 T, Jun 1, 2011.
How easy are these things to change?
Are there any guides floating about.....lol
This is the first time I've seen you guys go this quiet
Is it really that bad to change......LOL


text:
Heimtextil 2016
12.01.2016 - 15.01.2016 — Hall: 9.0 Stand: F 12
UAB "LINO APDAILA" is the subsidiary company of the largest linen textile production company AB "Linas". Deep traditions and long-term work experience are upheld since year 1957.
The company has obtained certificate acc.to "Oeko-Tex 100" standard for the produced items.
Constantly investing into the innovative technologies and with the help of professional staff, UAB "Lino apdaila" offers following services:
*Weaving preparing services - making the warp rolls for warping machines
*Yarns dyeing services - dyeing linen, cotton yarns
*Finishing for fabrics - bleaching, washing, dyeing, screen printing, mechanical and chemical softening, shrinkage, special finishing (water and mud resistance, antibacterial, non-flamable, etc.), fabrics coating, home textile items and garments washing, softening and dyeing.
Sewing services - company can subcontracts services of garments and home textile sewing. It is possible to make various operations with the equipment we have (hemstitching, special hems, decorative hems, etc.) and to use various accessories (buttons, loops, rings, etc.).
We are weaving 100% linen and half linen fabrics with cotton, viscose, elastane. We are experienced...


text:
Winter Fruit Sangria
Total Time
24hrs 15mins
Prep 15 mins
Cook 24 hrs
This will make your winter days bright and cozy! Sangria isn't just for summer. This recipe gets harvest flavors from apricots, cranberries, figs, and raisins -- and makes a delightful accompaniment to tapas. Club soda adds a touch of fizz. BH&G
Ingredients Nutrition
- 6 calmyrna dried figs, sliced (light, dried)
- 6 dried apricots, cut into slivers (dried)
- 1⁄2 cup dried cranberries
- 1⁄2 cup raisins
- 1⁄4 cup brandy
- 2 tablespoons honey
- 750 ml rioja wine or 750 ml merlot
- 10 ounces club soda
- In a saucepan stir together the dried fruits, brandy, and honey.
- Cook over medium-low heat until simmering.
- Remove from heat; cool slightly. Add wine; stir.
- Refrigerate up to 24 hours.
- To serve, strain sangria into a pitcher.
- Add ice cubes and club soda; stir gently.
- Serve and enjoy!


text:
Manish GuptaBusiness Head at Krishna Quinette Seats Delhi, India | Top Management
- BusinessHead at Krishna Maruti Limited
- Business Head at Krishna Quinette Seats
- MBA/PGDM at Xavier Labour Relations Institute ( XLRI )
- Top Management - Corporate Planning/ Strategy, Top Management - Operations
Profile Synopsis
Summary: SBU head with experinec in business development project managment and operations .
What do I have to offer (Haves): Networking.
What do I seek (Wants): Networking.
Manish Gupta's Profile Overview
Current Company
BusinessHead at
Krishna Maruti Limited
Industry : Automobiles
Department: Top Management, from Apr 2006 till now
Job Description : SBU Head . Business Head at Krishna Quinette Seats
Industry : Manufacturing/Industrial
Department: Top Management, from Apr 2005 till now
Educational Information
MBA/PGDM at
Xavier Labour Relations Institute ( XLRI )
from Jan 2004 till Jan 2005
Manish Gupta's Additional information
Web Profile : http://www.peerpower.com/pub/manishgupta
Manish Gupta's Personal Details
PeerPower.com is a networking site for top professionals enabling them to profit from networking and connect with thought leaders.
Join PeerPower >>
People Directory
Manish Gupta's Connection
AMLANJYOTI BASUField Engineering Manager at Al Jaber Energy Services LLC Ramprasad IyerDirector at SRM Computers Manasee GangwaniMarketing and Sales head at Mrityunjaya VEN BABUMANAGER at pragati resorts kashyap juthanifounder at infinite solutions View All
Build your brand name by publishing a personal Newspaper on recent news events.
See sample Newspaper
The Daily Dope


text:
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Mista Luva is a huga! In his child-like way, he is comfortable being held like a small kid with his front legs wrapped around your neck. He reaches out for your attention & returns the love with purrs, love bites & his special 'Luva' hug. He will adapt quickly to his new surroundings, finding his comfort zone wherever he can keep an eye on you. Mista Luva is a dependent cat demanding attention with cries. A feline companion may be ideal for him, even if it is a younger kitten. Mista Luva fits in well with other cats, at times caught playing & entertaining kittens. Dogs do not intimidate him. He has not been witnessed around young children, however, has never been hissy or defensive. Mista Luva gets a kick out of feline fishing – drag a feather or object attached to a stick & wait for him to pounce.
If interested in meeting Mista Luva, send an email to firstname.lastname@example.com for an application. $50.00 adoption fee covers spay/neuter, vaccinations, wormers and preventatives
You can help save a life by fostering an animal from JCAS. If interested in fostering, contact Kelly at firstname.lastname@example.com
If you would like to donate to help us help the foster parents with food, medications and preventatives you can paypal us at firstname.lastname@example.com
WE ARE NOW 501(c)3, nonprofit and all of your donations are tax deductible!!


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A crystal ring brooch adds a sparkling accent to the North flat from Badgley Mischka, while a lightly padded footbed ensures lasting cushion.
- Crystal ring brooch
- Cushioned footbed
- Fabric upper
- Manmade lining
- Slip-on entry
- Synthetic outsole
Delivery and Returns
Estimated delivery date: 3 (based on standard shipping).
We offer free shipping on orders over $99, and free returns and exchanges for up to 30 days.


text: Wow. July 26, 2003 by Bill Buchan in None Not quite namechecked on The Register for the Tiscali "no more satellite" story. I got the mail at 3pm, sent it to Tim Richardson by 4pm, and and the story went live at 4:17. Ahh - the power of the InterNut.


text:
Elkins police add second K9 officer
The Elkins Police Department has a new member – a K9 unit named Armor, the department's second four-legged officer.
Lt. S.D. Richards told Elkins City Council Thursday that Armor and his handler, Senior Patrolman M.J. Sigley, graduated from training Nov. 1.
This is the first week the pair have worked together for the Elkins force, Richards said.
"They went to school together, they live together," Richards said. "They have to become very close. It's all part of the training."
Armor was purchased from Battle Ridge Kennels of Madison. He joins Officer Macy, a K9 unit who has been on the job for Elkins for the past year.
"(Armor is) very even-tempered, more so than Macie," Richards said. "She's very excitable."
Richards said the K9 officers are scheduled so that one works during the day while the other works at night.
"We think this is going to give us increased coverage," he said. "This is a good addition to our department."
Also during Thursday's meeting:
– Councilman Mark Scott said Mayor Van Broughton has formed a committee to prepare a job description prior to posting the vacant Elkins Police Chief's position.
Former Chief H.R. White retired Oct. 7. White began his career with the Elkins Police Department in October 1988. He was appointed chief of the department in June 2010.
– Council voted to table discussion on a proposed ordinance that would ban the use of engine compression brakes – also known as "jake brakes" -within city limits.
The proposed ordinance will be revisited at the next council meeting, set for 7 p.m. Nov. 21 at Elkins City Hall.


text:
Britain's EU Membership Rides On Cameron's Immigration Fight
If British Prime Minister David Cameron can't agree with European Union leaders immigration reform, UK voters could decide to leave the union.By Christian Bryant | May 22, 2015
If you're a newly re-elected British prime minister who is at a summit hoping to get other European Union leaders to agree on reforms, this probably isn't the takeaway you want from initial impressions. (Video via European Union)
"I'm not going to say I was met with a wall of love when I arrived," British Prime Minister David Cameron said.
One major issue at hand is immigration. British PM David Cameron announced Thursday he's proposing new rules to stem the rise of immigrants in the UK.


text:
Sector 15, Gurgaon
7 Yrs experience
Classes: Harmonium, Piano and more.
Worked in various convent school past 7 years as KV & other. Presently working in one of the best school in Gurgaon and running her own institute Gurukul
Sector 47, Gurgaon
18 Yrs experience
Classes: Harmonium, Indian Classical Music and more.
hi, we provide harmonium classes in all genres, if interested do contact us
Sector 2, Palam Vihar, Gurgaon
Classes: Harmonium, Indian Classical Music and more.
4G Global Performers is one the leading Institutes in India in the field of Music & Dance, Fine-Arts, Education & Career, Aerobics & Yoga. It has 4 branches across...
DLF City Phase 2, Gurgaon
10 Yrs experience
Classes: Harmonium, Indian Classical Music and more.
I have extensive experience with students of all ages, ( 15 years) teaching small and large groups, individual lessons.Schools, colleges, institutes, private, special...
Sushant Lok Phase 3, Gurgaon
5 Yrs experience
Classes: Harmonium, Guitar and more.
I am teaching Hindustani classical music from last 8 years.
Sector 39, Gurgaon
Classes: Harmonium, Keyboard and more.
Svar-Vandanais a Musical journey which began in 2013 in which our endeavour is to showcase the rich heritage of Indian Music and Dance and where interested students...
sector 55, Gurgaon
Classes: Harmonium, Drawing and more.
we provide coaching for various instruments like Drums, Guitar etc. We Have All Experience Teachers. Interested students can contadcat us for further details.
Sector 46, Gurgaon
Classes: Harmonium, Hindustani Music and more.
Acharyashree Sangeet Vidhyapeeth is one of the most renowned and professionally managed music & dance institution. We have all the essential components which are...
Sector 31, Gurgaon
Classes: Harmonium, Keyboard and more.
This Academy has excellent quality with the teaching of musical instruments from last Six years and we deliver the quality of education which is really value for...
DLF City Phase 2, Gurgaon
Classes: Harmonium, Violin and more.
Lorraine Music Academy exists to discover and build on the potential present in children and adults, making them as musical as they want to be. At Lorraine Music...
Sector 22, Gurgaon
7 Yrs experience
Classes: Harmonium, Keyboard and more.
I have 7 years of experience in Music. I teach harmonium and keyboard classes and vocal music classes as well.
DLF City Phase 5, Gurgaon
1 Yr experience
Classes: Harmonium, Sitar and more.
Im m.phil in music, , i work with school children , 200 workshop of music with govt. School students. I m also net(national elegibility test) qualified.
Gurgaon HO, Gurgaon
Classes: Harmonium, Indian Classical Music and more.
A dance & music school with activities like Western dance, classical dance i.e. Kathak, Bharatnatyam, Instrumental (Guitar, Harmonium, Tabla, Casio), Aerobics,...
Railway Road, Gurgaon
4 Yrs experience
Classes: Harmonium, Spoken English and more.
Working as a freelance English & Personality Development trainer at Ekin Saluja (a Spanish MNC), PACE Institute for competitive exams and Dayalbagh Educational Institute. Two...
Gurgaon HO, Gurgaon
Classes: Harmonium, Guitar and more.
Third degreez dance academy started its operation in the greaterhub of gurgaon asociated with providing music and dance classes.
Sector 23, Gurgaon
Classes: Harmonium, Guitar and more.
PATH OF MUSIC Pvt. Ltd. (PMDAC) is a well renowned name imparting affordable education in field of music, dance & art. ISO 9001:2008 certified & Trademark registered....
UrbanPro.com helps you connect with the best Harmonium Classes in Gurgaon, Haryana. Post Your Learning Need today and get connected.
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text:
View large image
Free Delivery
Buy Now
In stock Usually dispatched within 24 hours
Goldwell Dualsenses Ultra Volume Boost Shampoo
Designed to deeply cleanse the hair and remove residue and product build up on the hair, this Dualsenses Ultra Volume Boost Shampoo from Goldwell is an innovative shampoo that really works. Boasting the Smart Boost Complex, this shampoo improves your hair's volume and adds bounce to the body, creating a fuller, voluptuous look.
Directions of use:
Express Delivery Available - If ordered before 9pm, delivered by courier next working day. More Info »
If ordered before 9pm, delivered by courier next working day. Available on orders placed before 9pm (2pm weekends and Bank Holidays) for delivery next business day. Applies to most delivery addresses within mainland UK.
Please check the stock availability notice on your item when placing your order. This item is:
In stock | Usually dispatched within 24 hours
Please remember to add postal time (2-3 working days) to obtain a complete estimate of delivery to your door.
You will receive an email to confirm when your item has been sent.
You can also check the status of your order and individual items by accessing My Account details and following the prompts.
Please allow 10 working days from dispatch of your order before notifying us of any late deliveries.
It may be advisable to check with your neighbours to see if a parcel has been left with them, check any outhouses you might have where it may be left if it cannot fit through your letterbox and contact your local sorting office to see if the item has been returned to the depot as undelivered and awaiting collection.
Please see our returns policy.
Goldwell Dualsenses Rich Repair Cream Shampoo (250ml)
Goldwell Dualsenses for Men Thickening Shampoo (300ml)
Goldwell Dualsenses Curly Twist Moisturing Shampoo (250ml)
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KMS California Hairstay Anti-Humidity Seal (150ml)
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text:
THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
...influence with Mughal architecture; the Nakhoda Mosque is modeled on the tomb of the Mughal emperor Akbar at Sikandra; the Birla Planetarium is based on the stupa (Buddhist reliquary) at Sanchi. The Ramakrishna Mission Institute of Culture, the most important example of postindependence construction, follows the style of ancient Hindu palace architecture in northwestern India.


text:
Program Name: FaxTalk Messenger Pro
License Type: Shareware
Date Released: November 25, 2011
FaxTalk Messenger Pro Desciption:
FaxTalk Messenger Pro is easy-to-use, powerful fax and voice messaging software that manages your voice and fax communications quickly, efficiently, and reliably. Provides powerful answering machine and complete send and receive fax capabilities.
FaxTalk Messenger Pro is easy-to-use, powerful voice messaging and send and receive fax software that manages your voice messages and faxes quickly, efficiently, and reliably. Whether you're a small business or an individual, FaxTalk Messenger Pro's fax and voice messaging features turn your computer into sophisticated voice mail answering machine and fax machine. From a single application you can create a single or multiple mailbox voice messaging system, send, receive, view and print faxes, listen and save messages and organize received voice messages and fax documents.
The voice messaging features enable you to create a simple answering machine or a sophisticated voice mail system with the ability to create multiple mailboxes, record custom greetings, schedule greetings to play at specific times or days, and remotely access your fax and voice messages from anywhere, using a touch tone telephone. Automatically forward received voice messages and faxes to an email address. Additional capabilities include anti-telemarketing and blacklisting options, fax on demand, ability to record phone conversations, and comprehensive Distinctive Ring and Caller ID support.
Whether you are sending a fax to a single recipient or broadcasting faxes to multiple recipients the FaxTalk Messenger Pro fax software provides the features you need. Produce professional looking faxes, even combine multiple documents into a single fax, and broadcast faxes to multiple recipients with just a few mouse clicks. Fax directly from Windows applications with powerful features such as broadcast faxing, delayed scheduling, fax to email, access to contacts stored in Microsoft Outlook, Windows Address Book and Windows Contacts, fax markup and annotation tools, custom designed cover pages and scanner support.
FaxTalk Messenger Pro offers features and reliability you've come to expect from a leader in fax and voice messaging software for over 22 years. Because your calls are important!
License: Shareware | Price: $89.95 | Size: 14.8 MB | Downloads (160)
Platform: Windows 2000, Windows XP , Windows Vista
Term: Fax Software - Fax - Voice Mail - Answering Machine - Voicemail - Voice Software - Voice Messaging - Faxes - Messages - Windows Fax - Answering Machine Messages
FaxTalk Messenger Pro Copyright notice:
Pirated Software Hurts Software Developers. Using FaxTalk Messenger Pro Free Download crack, warez, password, serial numbers, torrent, keygen, registration codes, key generators is illegal. We do not host any torrent files or links of FaxTalk Messenger Pro from depositfiles.com, rapidshare.com, any file sharing sites.
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Check in from 14h / Check out prior to 11h
Four Seasons Private Villas: Find photos, reviews, information, amenities and compare prices for 5 stars hotels in Punta de Mita, Mexico.
Four Seasons Private Villas is located in Punta de Mita and features outdoor tennis courts. A sauna and valet parking are just some of the luxurious facilities on offer to guests during their stay.
Hotel description
The property offers a golf course, a concierge and a beauty centre. The on-site day spa provides a chance to get pampered and relax.
All the villas at Four Seasons Private Villas feature tea and coffee making facilities and a spa bath. Cable/satellite channels and a hair dryer are also provided.
Each morning, guests can wake up to breakfast provided by Four Seasons Private Villas before setting out to see what the local region has to offer.
Lic Gustavo Diaz Ordaz International Airport is a 50-minute drive from the property. Guests can also easily discover attractions nearby, such as Punta Mita Four Seasons Golf Course.
Hotel features
Room Service, Air Conditioned, Cable / Satellite TV, Coffee / Tea Maker, Hair Dryer, TV
Concierge, Dry Cleaning, Laundry service
Fitness Room/Gym, Massage / Beauty Centre, Tennis Courts, Golf Course, Sauna, Spa & Wellness Centre
High-speed Internet
Valet Parking
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Four Seasons Private Villas also viewed these 5 stars Punta de Mita hotels:
Imanta Resort
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Ramal Carretera Federal 200 km 19 Punta de Mita; B, Punta de Mita
Villa Avanti - Inside Four Seasons Punta Mita
Villa 33/34 Four Seasons Resort, Punta Mita Gated Community, Punta de Mita,Nayarit, Punta de Mita
Villa 33/34 Four Seasons Resort, Punta Mita Gated Community, Punta de Mita,Nayarit, Punta de Mita
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- Villa Concha Punta de Mita
140 m
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- Four Seasons Punta Mita
155 m


text:
A Quick Look at the Feature-Rich Microsoft Lumia 735 Smartphone
A Quick Look at the Feature-Rich Microsoft Lumia 735 SmartphoneMicrosoft's Lumia 735 is packed with features, including a 4.7-inch HD display, 1GB of RAM, 4G LTE connectivity, a 6.7-megapixel rear camera and more.
The Lumia 735 Smartphone From VerizonThe Lumia 735 is well-equipped, with a 4.7-inch HD OLED display, a 1.2GHz quad-core Qualcomm Snapdragon 400 processor, 1GB of RAM and 16GB of on-board storage, expandable to an additional 128GB with an optional micro SD card. The display is covered with Corning Gorilla Glass 3 for scratch and damage resistance.
High-Quality Zeiss OpticsThe Lumia 735's 6.7-megapixel, auto-focus rear-facing camera features precision-ground Zeiss optics for excellent photo quality. Also included is a 5MP full HD wide-angle front-facing "selfie" camera for pictures with your friends.
Runs Windows Phone 8.1, Upgradeable to Windows 10The dark-gray Lumia 735, which is 5.3 inches long, 2.69 inches wide and 0.35 inches thick, runs on the Windows Phone 8.1 (Lumia Denim) operating system and will be upgradeable to Windows 10 when that operating system becomes available later this summer.
Wireless Charging Is AvailableThe Lumia 735 includes a 2,220mAh removable battery in addition to wireless charging capabilities via an optional wireless charging pad. The phone also includes Bluetooth 4.0 and WiFi connectivity, as well as WiFi hotspot capabilities.
Special Offer for the Office 365 Personal SuiteCustomers who activate a new Lumia 735 by July 31 are eligible to receive one year of Office 365 Personal service on the device, while supplies last. Included are applications such as Word, Excel, PowerPoint, Outlook and OneNote, which can also be installed on a customer's PC or Mac computer, tablet and smartphone. Also included is 1TB of cloud storage on Microsoft's OneDrive cloud storage platform.
Get Help from Cortana, Your Personal Digital AssistantThe Lumia 735 also includes the Cortana Personal Digital Assistant, which is built into Windows Phone. Cortana can conveniently help users find information about appointments, schedules, Web searches and more through voice commands. Also included are social media apps including Facebook, LinkedIn, Twitter, WhatsApp and FourSquare.
Colorful Optional Wireless Charging Rear CoversReplacement rear covers that include wireless charging capabilities can be purchased separately for $24.99 in orange, green, white, red or cyan and added to the Lumia 735 smartphone.
The Microsoft Lumia 735 smartphone, which Verizon Wireless launched online in June, is now available in Verizon stores for $29.99 with a two-year contract or for $8 per month on a 24-month Verizon Edge plan (total price $192) with no money down. The 4G LTE smartphone is also available unlocked for $199 without a contract from the Microsoft Store. The Lumia 735 is packed with features, including a 4.7-inch HD OLED display, 1GB of RAM, 16GB of on-board storage (expandable to an additional 128GB with an optional micro SD card) and a 1.2GHz quad-core Qualcomm Snapdragon 400 processor. The phone also includes a 6.7-megapixel, auto-focus rear-facing camera and a 5MP full-HD wide-angle front-facing camera for high-quality selfies—both with Zeiss optics—a 2,220mAh removable battery and wireless charging capabilities. Also integrated is Bluetooth 4.0 and WiFi connectivity, as well as WiFi hotspot capabilities. The phone runs on the Windows Phone 8.1 (Lumia Denim) operating system and will be upgradeable to Windows 10 when that OS becomes available later this summer.


text:
Nature Communications
These Little Organs Could Be Big For Stem-Cell Research
Three-dimensional organs are the latest in stem-cell research, and they reveal where organ development goes wrong.By Ryan Biek | August 4, 2015
What is an organoid? It's a smaller version of an organ, a tiny model created from stem cells.
Some researchers are working on growing body parts, like skin, for transplants. But two recent studies seem less like science fiction and could end the controversies surrounding stem cells. (Video via Wake Forest Baptist Health)
But first, some background.
Article Continues Below


text: Just started this and hope to learn how to change touch to have apps and many other features not included. Also interested in seeing if anyone has used this as an RF remote via a home network or ways to test. Thanks for the site and for all those who give to help others enjoy the toys!! TomPlease Register or Log in to view images


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"Cab vs. City Bus" Austin Transportation Tip by Matt420
Austin Transportation: 34 reviews and 24 photos
If your staying in downtown Austin, you can pretty much get to where you need to by walking. Anywhere outside of downtown proper, I would advise to take a cab.
Buses are good and during the summer months, there's a pretty good chance you can ride for free.
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decided: August 6, 1968.
ALLEN, APPELLANT,v.BIRMINGHAM TOWNSHIP
Appeal from decree of Court of Common Pleas of Delaware County, No. 12770 of 1966, in case of Charles A. Allen, Margaret D. Allen, his wife, William H. Baumgartner et al. v. Birmingham Township and James Julian, Inc.
John F. Cramp, with him Cramp and D'Iorio, for appellants.
Charles C. Keeler, for township, appellee.
Guy G. deFuria, with him deFuria and Larkin, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Roberts concurs in the result.
[ 430 Pa. Page 596]
This is an action in equity filed by appellants, residents of Birmingham Township, Delaware County, seeking to (1) enjoin appellee, James Julian, Inc., owner of a tract of land in said township from removing earth from said land as an improper commercial enterprise within an area zoned for solely residential purposes, and (2) void a contract negotiated between James Julian, Inc. and appellee, Birmingham Township, which contract permitted the enterprise complained of by appellants.
James Julian, Inc. is a general contractor engaged in the construction of a federal highway known as Interstate 95. The earth which Julian was removing from its tract in Birmingham Township was being used as "fill" in the construction of this highway.
The contract between James Julian, Inc. and the township allows this excavation to continue for two years commencing August, 1966. However, the president of James Julian, Inc. testified that the work would only continue until June or July, 1967, thereby indicating that the full two years would not be necessary.
We have been informed that at the present time James Julian, Inc. has completed excavation of the subject land. Hence, since the alleged unlawful conduct
[ 430 Pa. Page 597]
on the part of appellees has ceased to exist, and since there remains nothing for this Court to enjoin, the issues involved in this appeal are now moot. Our action in refusing to review the merits of the present controversy should in no way be interpreted by the parties to be an approval or disapproval of the lower court's failure to grant an injunction. Likewise, this should not be construed as a sanctioning or licensing of the alleged unlawful conduct on the part of appellee, James Julian, Inc.
The appeal is dismissed. Each party to bear own costs.
Appeal dismissed.
© 1998 VersusLaw Inc.
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Billy Sherwood on Citizen, Yes' Cruise to the Edge: Something Else! Interview
Billy Sherwood goes in depth with Douglas Harr on his new solo project 'Citizen,' and discusses Yes' surprise setlist addition during Cruise to the Edge.
Billy Sherwood goes in depth with Douglas Harr on his new solo project 'Citizen,' and discusses Yes' surprise setlist addition during Cruise to the Edge.
Eddie Van Halen must have been paying close attention to Steve Hackett's unique approach to the song, released in November 1971 on Genesis' 'Nursery Cryme.'
Mats Gustafsson joins Sammy Stein in a brutally honest discussion on the industry, travel these days and the resistance required to make good jazz.
Badfinger's Joey Molland talks to us about a moment of inspiration on "No Matter What," which arrived as part of 'No Dice' this month in 1970.
Adam Larson joins Preston Frazier for a rangy Something Else! Sitdown with details on his new LP, early influences and favorite music.
Greg Gonzalez joins Preston Frazier to discuss Grupo Fantasma's new album, and the origins of their unique blend of Latin, rock and funk sounds.
Allen Toussaint, who has died at 77, was always content to work behind the scenes – until a devastating storm swept him from New Orleans.
Stanley Clarke made a key assist on Paul McCartney's 'Pipes of Peace,' released Oct. 31, 1983. He tells us why those sessions were among his favorites.
Salvador Santana has grown up to be far more than just the son of Carlos Santana – though that's a role he clearly relishes nevertheless.
Michael J. McEvoy joins us to discuss working with famous acts like Steve Winwood, how nature sparks his muse and the death of the American dream.


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The Januaries: "The Girl's Insane"
Posted in Daily | Tagged Listening
Mission accomplished
The daughter of an English major
It All Depends On Your Definition of "Better"
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Womens Aerosmith Sweet Emotion T-Shirt
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HIGHLAND PARK, IL (AUGUST, 2016)- Sprout Kids of Downtown Highland Park, the North Shore's upscale retailer of children's wear, newborn to eight years old, is the one-stop-shop for all dance needs - everything from hip hop to ballet, bags and shoes, to tutus and leotards. Sprout Kids' Dance Boutique coordinates with local dance schools, making it easy to accommodate specific schools' class styles and colors.
"We are proud to offer a wide selection of dance items all in one place," says Sprout Kids owner Pam Hillman. "With so many dance studios just outside our door, we realize the need for offering our customers a destination for all things dance."
Sprout Kid's Dance Boutique specializes in fitting ballet shoes, and stocks a wide variety of beautiful leotards, tights, wraps, skirts, and ballet shoes. Known for its exclusive personalized embroidery and hot press graphics services, Sprout Kids also offers personalized dance bags, cover-ups, tops and other dance accessories.
Now is the time to get stocked up in preparation for the year ahead! For more information on needs for any little dancer, please visit Sprout Kids at 644 Central Avenue in Downtown Highland Park.
Sprout Kids is located in Downtown Highland Park's main shopping street at 644 Central Avenue. The store offers urban, trendy clothing for children, mixed with classic and traditional pieces. Carrying everything from American Apparel to Joe's Jeans, Sprout Kids fits the fashion sense of all kids! They offer not just clothing and shoes, but cradles, bassinettes, furniture, and accessories for newborns and preemies to 8-year-old children. Sprout Kids prides itself on fantastic customer service; they also offer hand delivered gifts, personal shopping experiences, and customized monogramming and embroidery on all products. For more information, please call 847-780-4827 or visit www.SproutKidsHP.com.
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Commission delays Mifid II consultation
The consultation document outlining the European Commission's review of Mifid, which the financial industry had expected to be published today, has been further delayed because of the EC's heavy workload, according to people familiar with the matter.
The Mifid II timelines, which were outlined by the EC's Internal Market and Services Directorate General, originally indicated that the industry could expect the draft consultation document, to which market participants provide feedback for the commission's consideration, by late September or early October.
However, the Mifid review is thought to have proved more complex and expansive than the executive body, which has been struggling with a heavy workload, originally anticipated.
Discussions regarding the details of the consultation process are still taking place and publication of the draft consultation paper has been pushed back to late November, according to people familiar with the matter.
In a written statement, a spokeswoman for the Internal Market and Services division of the commission said: "Mifid consultation will be launched before the end of November, most likely."
Mark Hart, managing director at the Association for Financial Markets in Europe, said it was important for the commission to assure the quality of the consultation paper. But he added that AFME was "hopeful that the delay will be accompanied by a more realistic consultation period than the two-month period that had previously been indicated".
The delay will have a knock-on effect on the Mifid review. The draft legislative proposal, which will be put to the European Parliament for a vote, was initially slated to be finalised in the first quarter. Sources now expect it to take place as late as July.
Because of the summer 2011 European parliamentary recess, which runs from July 25 to August 26, the first reading of the draft consultation document by the European Parliament may not take place until next October.
Although the industry expected some delay, an October parliamentary reading would mean Mifid II is unlikely to go live until 2013. This could put the European markets at a strategic disadvantage globally, say industry experts.


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4 Bedroom House in Heritage Hill
Yanuzka Nel
WayPoint Real Estate
4 Bedroom House in Heritage Hill
**Gorgeous double story townhouse in the heart of Heritage Hill Estate. Modern finishes compliment this well designed open plan home. This property offers excellent value for money with extra's such as a pool, Jacuzzi and additional upstairs pyjama lounge**
If you are living a fast paced life, where you are constantly on the go, and you just want to spend weekends with your family or entertaining your friends, this is the perfect home for you. This property offers more than meets the eye. A farm style property that has been set up purely for your enjoyment and relaxation. Everything has been done already, to ensure that you can just move in and enjoy your new home, no extra DIY needed. With its superior finishes and many hidden surprises, it makes up for a once in a lifetime opportunity you dont want to miss.
This property is ideal for a young family, as there are enough to keep the kids busy, as well as for mom and dad to relax after a long days work. It has comfort and luxury in mind from the start.
? Floor Area: 310m
? Land Area: 550m
? Bedrooms: 3 large bedrooms, but you have the possibility to change it into 4
? Lounges: 1
? Pyjama Lounge: 1
? Bathrooms: 2.5
? Garages: 2
? Guest parking: 1
? Build in covered Braai: 1
? Kitchen: 1
? Pantry: 1
? Study: 1
? Study Nook: 1
? Pool: ?
Extra Features:
? Jacuzzi equipped with a heat pump, set up as a feature in back garden
? Solar geyser
? Under floor heating
? Automated irrigation system
? Internet WI-FI system & infrastructure in place if new owner should to take over existing contract.
? Additional storage space
? Tool-shed
? Interior and exterior of house repainted within the last 14 months
? Unique lamp shades in main areas
Finishes include: Granite tops, tiled living areas, carpeted bedrooms, solid wood cabinetries.
Key Property Features
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Experience Centurion East
This suburb has become a 'lifestyle of choice' for many who don't want to live in Johannesburg or Pretoria, yet need easy access to both. There are many lifestyle estates in the area which offer residents a good selection of safe, high quality property options. These gated villages have attracted a cosmopolitan community and Centurion functions as something of a mini city of its own. Although it retains a country-feel, residents can be on one of the major roadways to the big cities within minutes.Find out more about Centurion East
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4 Bedroom House in Heritage Hill
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My son made the above video presentation about the trip to Israel, the West Bank, and Jordan this summer. I hope you enjoy it! [Read more…]
Butler University Israel/Palestine Trip 2016 Video
Back Home in Indianapolis
After multiple weeks of travel, I am back home in Indianapolis. But I will continue to blog about the various places I visited, books I read while traveling, conversations I had while conferencing, and much else related to these travels. Other than my failure to comment as often as I normally try to, how has [Read More…]
Gaming in Ancient Israel
The Israel Antiquities Authority has an interesting piece on their website about ancient games, some of which have survived down to the present day not only in the Middle East but beyond, such as Mancala! [Read more…]
Penn Libraries Holy Land Collection
I learned not long ago about the Penn Libraries Holy Land Collection. Here's the address, so that you can explore it further: http://dla.library.upenn.edu/dla/holyland/index.html [Read more…]
For some reason, just as I was waking up one morning some weeks ago, I had the mash-up between "Gethsemane" and "seminary" that is the title of this post pop into my head. And then I read a piece in the Chronicle about the educational power of discomfort. It was not specifically about seminaries, but about the [Read More…]
Church of the Beatitudes (No Guns, Please)
I was really struck by the juxtaposition of two signs on the site of the Church of the Beatitudes: "Blessed are the Peacemakers" is one of the beatitudes. Most of the people who visit the site are Christian pilgrims. Isn't it jarring – even to gun-loving American Christians – that visitors to the site [Read More…]
The Pilate Stone
Here is a photo of me next to a replica of the Pilate Stone, in the place where the inscription was found, Caesarea. Sites like this are also important for the way they give a different picture of Herod the Great that is crucial for those whose impression of him is shaped wholly by his [Read More…]
Old Jaffa
Almost everyone made it to Israel and one last straggler will be here soon. We visited Joppa before going to our hotel in Tel Aviv. Joppa is known to many from Jonah and Acts in the Bible, and/or from the story of Andromeda in Greek myth. [Read more…]
Off to the Holy Land!
I am departing for a short-term study abroad experience in Israel and the West Bank that I am leading, for students at Butler University and Christian Theological Seminary. There are blog posts scheduled all through the trip and so even if there are problems with getting access to wi-fi, things should still feel pretty normal [Read More…]
Carta Jerusalem Atlases
I am very grateful that Carta Jerusalem sent me several of their atlases to review: In The Master's Steps: The Gospels in the Land, Jerusalem: City of the Great King, and Understanding the Jewish World from Roman to Byzantine Times. I suspect that anyone who is interested in the Bible owns an atlas if not [Read More…]


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Nathaniel Rothschild Is a Happy Bunny
- Details
- Wednesday, 27 April 2016 06:18
The only son of Lord Rothschild is getting married. A happy occasion of course, and a stunning one as well.
The Rothschild's must be Europe's most famous banking dynasty. Seriously rich and with befitting influence. Taking together, the Rothschild family, including the offshoots in Geneva and Zurich, own some 300 billion Swiss francs.
Lord Jacob Rothschild, soon 80 years old, wants his son Nathaniel «Nat» Rothschild (44) (pictured below) to further the reputation of his name in the City. Marrying accordingly is a natural demand for an only son.
Male Joy
Nathaniel, who is paying his taxes in Switzerland and adopted its citizenship some 10 years ago, has now made his move to keep name alive – but maybe not exactly to the liking of his father, the fourth Baron Rothschild.
The future wife of his son is quite a catch, if you'd ask the male readership of «The Sun» at least. Loretta Basey (25), a commoner from the county of Middlesex, has enjoyed a career as page 3 girl for the most infamous red-top rag of the U.K. Little wonder then that even the readers of the arch enemies at Germany's «Bild» are getting, erm, worked up about the latest addition to the Rothschild family.
Concerned Bankers
Others are a little less enthusiastic. They worry that the association of the name Rothschild with naked women may hamper the future development of the banking business.
Basey – also known as «Elle» – is said to have some attributes of a successful addition to the dynasty. The «Daily Mail» suggested that she is well equipped to take the high society by storm, having ended her previous career and moving into a new business, providing business jets to the very rich at Advanced Air Management.
Second Time Lucky
Nathaniel has been married once before, to Annabelle Neilson, a friend of Kate Moss. He got to know her on the beaches of India, married in Las Vegas and divorced her three years later after a childless marriage. His father is said to have been taken by surprise. He got married to the daughter of a count.
The baron's heir has also had his ups and downs in the business world. While feted as a genius in the City, he advised Oleg Deripaska and Roman Abramovich. The «Daily Mail» however also remembers investments in the coal industry in Indonesia and an energy business in the Kurdish region of Iraq. Both companies ended with massive losses, according to the reports.
The family however will be able to afford a marriage befitting a Rothschild. Klosters, the ski resort in the Swiss alps will host the event.
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