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Atlanta Silver Liquor Cup 3.94"
The Hammered 3.94" Tall (2.56" diameter) Liquor Cup is a small snifter made of hammered weighted sterling silver. This can be purchased separately or as part of our larger Atlanta decorative drink-ware set. It would be beautiful on your dining room table or make a wonderful gift. You can personalize this cup with engraving.
Marked Argento (Italian Translation "Silver").


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The UFC is continuing their international expansion of the popular mixed martial arts series, The Ultimate Fighter. On Saturday, the promotion announced on their Chinese-language website that they are preparing tryouts for The Ultimate Fighter: China.
The UFC will hold tryouts on July 21 at the Beijing Metropark Lido Hotel, July 25 at the Marina Bay Sands in Singapore, and Aug. 3 at The Venetian Macao Resort Hotel in Macao. They are looking for fighters in the featherweight, lightweight and welterweight divisions.
MMA Weekly had additional information:
All TUF China applicants must have professional MMA experience verifiable via mixedmartialarts.com and sherdog.com fighter records. If the applicant's record can't be verified, they will likely not be eligible for the show.
All applicants must also be at least 18 years of age, living in China, have the legal right to work, pass a drug test, and be fluent in Mandarin/Putonghua.
The show will come to a conclusion with a live finale in Macao, but no date or broadcast information has been announced for the card.
Tags: The Ultimate Fighter The Ultimate Fighter: China TUF TUF China

subset: commoncrawl


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EQUALITY IN THE COURTS: Federal Appeals Court Orders Louisiana to Issue Birth Certificate for Child
February 19, 2010
In this blog series, HRC attorneys discuss news and break down the legal theories in Supreme Court and federal court cases. This post is from Emilie Adams, HRC's Staff Counsel:
Yesterday, in Adar v. Smith, the U.S. Court of Appeals for the Fifth Circuit upheld a lower court decision requiring Louisiana officials to provide a new birth certificate listing two men as the fathers of their adopted son, finding that the refusal to do so violated the Full Faith and Credit Clause, a provision of the U.S. Constitution that requires states respect the judgments of courts in other states. The ruling, finding that out-of-state adoptions are owed full faith and credit under the U.S. Constitution, marks a significant victory for the rights of adoptive parents and provides important protections for their families. Oren Adar and Mickey Ray Smith adopted their son, who was born in Louisiana in 2005, shortly after his birth. The couple, who lived in Connecticut at the time, adopted their son under New York law that authorizes joint adoptions by unmarried, same-sex couples. Despite an adoption decree from a New York court, officials at the Louisiana Department of Health and Hospitals refused to issue a new birth certificate reflecting the child's new name and relationship to his adoptive parents. The Department was backed up by the Louisiana Attorney General, who issued an opinion that Louisiana did not owe full faith and credit to the New York adoption because it violated Louisiana's public policy of not allowing joint adoption by unmarried persons. In 2007, the couple filed suit in federal district court in Louisiana, arguing that the refusal to issue a new birth certificate violated both the Full Faith and Credit and Equal Protection Clauses of the U.S. Constitution, and seeking a mandatory injunction requiring the state to issue the new certificate.
In 2008, the district court ruled for Adar and Smith. On appeal, the Fifth Circuit yesterday upheld that decision, declaring that the adoptive parents' rights and status "are not confined within [New York's] borders and do not cease to exist at Louisiana's borders." Echoing the U.S. Supreme Court, the Fifth Circuit made clear in its decision that there is no "roving public policy exception" to the Full Faith and Credit Clause. In fact, the Court found that the plain meaning of Louisiana law governing the issuance of new birth certificates after an adoption already required that the Registrar do so. We congratulate the Adar-Smith family, and our friends at Lambda Legal who represented them in their case, for standing up to a state that saw discrimination as more important than the welfare of a child who found a loving home.
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September 4, 2014


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Offering hope, knowledge, and support for people living with cancer and their friends and families.
You are welcome here . . .
A cancer diagnosis can shake up your world. There isn't a standard emotional response – you might be experiencing disbelief, shock, fear, or anger, and you might not know where to turn for support.
The Beth C. Wright Cancer Resource Center in Ellsworth is one of only three freestanding cancer resource centers in Maine. It serves Hancock and Washington Counties where the incidence, prevalence, and mortality rates for cancer far exceed both the state and national averages. The Beth C. Wright Center is the place to turn for education and support in making sense of a cancer diagnosis and proceeding with your life.
The Beth C. Wright Cancer Resource Center provides a comfortable place for cancer patients, families, and friends to meet their educational and emotional needs. Our staff is almost entirely volunteer; professionals and caring community members donate their time to offer classes, meetings, and programs that are free to people with cancer, their families, and friends. We offer books, brochures, video and audio tapes as well as a computer with access to the internet.
Our center is a place of serenity and compassion for all. We serve both Hancock and Washington Counties. The Center is open from 9 am to 5 pm, Monday through Friday all year round.
To offer hope, knowledge, and support to cancer patients, their families, caregivers, and friends by providing a source of information, social services, and compassion through all stages of the cancer journey.
We provide excellent education and support services, often in collaboration with partner organizations, for all stages of the cancer journey throughout every community in Washington and Hancock counties;
- Newly diagnosed cancer patients, their families and caregivers learn about our Center from numerous informed sources;
- We keep our services current via ongoing assessment of community needs;
- We have a well-organized and dedicated cadre of volunteers who skillfully carry out the Center's mission and are accountable to and overseen by a Volunteer Coordinator;
- The Center maintains financial stability through the aggressive pursuit of endowments and grants and by development of a multi-faceted fundraising strategy;
- An energetic and visionary board of directors brings experience and dedication to advise, govern, and oversee the operation of the Center.


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By RJ Cubarrubia
Taylor Swift has booked a guest role on the "New Girl" season finale. According to The Hollywood Reporter, Swift will play an "important guest" at key character Cece's (Hannah Simone) wedding. Few details were revealed, but given Schmidt's (Max Greenfield) tumultuous relationship with Cece, shenanigans seem likely.
Bing: Did Demi Lovato dis Taylor Swift?
"New Girl" -- which also stars Zooey Deschanel, Jake Johnson and Lamorne Morris -- wraps up its second season on May 14. Swift last appeared on TV in a 2009 episode of "CSI," and hosted "Saturday Night Live" in November of the same year.
She also recently voiced the character Audrey in last year's film adaptation of Dr. Seuss' "The Lorax."
More from Rolling Stone:
Max Greenfield: 'Schmidt Is Han Solo in a Pair of Raw Denim and a Cardigan'
Taylor Swift Has a Birthday Blowout in '22'
The New Immortals: Taylor Swift
latest tv news


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True Ketones picked a winning design in their product label contest
For just $199, they received 18 designs from 8 designers.
From logos and business cards to websites and stationery, you can get anything designed by running your own design contest on 99designs.
Help True Ketones with a new product label
- Open
- The contest was open to all designers
- Selected a winner
- The contest holder awarded a winner
Top entries
Winning Design
- SenadK
- Label:
- #16
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- qool80
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- #2
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- Office Creative
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- aNdHy65
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- doxea
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- Karl Vallee
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- qool80
- Label:
- #14
Design brief
True Ketones
True Ketones sells Raspberry Ketones to customers as a supplement.
Raspberry Ketones have been featured on Dr. Oz recently and there is widespread popularity for this supplement for its weight loss effects.
Click here for more info on raspberry ketones.
Food & Drink
We want all designers to be creative and create a good product supplement label for Raspberry Ketones.
It will go on a normal size pill bottle and into retail stores.
It needs to be FUN and VIBRANT and FULL OR COLORS.
Please include Raspberry's in the look of the design.
None specified
connecting 890,146 designers with customers seeking design services.
I need something designed I'm a designer


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There's something very appealing about a fresh white bed, whether dressed with plain white linen, bold contemporary shades or warm, cosy colours. Our range of white beds includes traditional French wooden beds with distinctive elegant curved and panelled headboards and footboards, or Shaker style designs with slatted wood headboards, all finished in a pure white glossy lacquer.Add a touch of luxury to your bedroom with a modern white leather bed; choose from a variety of contemporary bed styles in leather or faux leather, including sleek and smooth frames, soft padded panels or Chesterfield style headboards.Our single beds have white wooden slatted headboards with a choice of drawers or a guest bed underneath. Whether you're looking to pair a Furniture Choice mattress with one of our white beds, or would like to order a bed frame to go with your current mattress, you'll find it easy to place your order online or by phone (0800 035 0070) and delivery is free to most of mainland UK.
We have a range of finance options to choose from to help you spread the cost of your new furniture. See 'Finance Options' to see the options available.The minimum order value is £300 and you must pay a 10% deposit. You or your partner must be in full time employment, unless you are retired, your application must be in one name only, and delivery must be to your place of residence - you cannot select an alternative delivery address.To apply for finance follow the simple instructions below.
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Wake up warm & cozy with this steaming cup of rich nutmeg & cinnamon laced "Cocoa Tea" from Saint Lucia.
Garlic cheddar biscuits (a la Red Lobster)
I am a sucker for Red Lobster cheddar biscuits gimme gimme!
Don't have any bisquick on hand here is a substitute recipe
Very Cherry Shirley Temple with Lime
So delicious and refreshing!
Pillow-Soft Dinner Rolls Recipe
This recipe is my go to recipe for thanksgiving bread these dinner rolls are just perfect and easy to make not to mention delicious!Plus they hold up very well the next day not like some breads that get hard or lose flavor.
Let me start off by saying these look amazing my mouth is salivating just looking at these gorgeous cheese buns! I will definitely be making these soon.
Now wouldn't this be a perfect dessert for the 4th of July, it just looks so yummy and fresh.
Easy peanut butter cup popsicle!


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With the Lakers season opener just one day away, Kobe Bryant may be missing from the Lakers line-up. Bryant is still receiving treatment on his strained right foot from a week ago and hasn't practiced since the injury. When teammate Pau Gasol was asked whether he thought Kobe would play, he replied, "I don't know, I have my doubts. I hope we (have him in the lineup). ... He hasn't been able to practice for six days. He's been off that foot for six days, and it's no joke. I don't remember the last time that he took that many days off exercising. He might do stuff in the weight room and might do stuff without putting weight on the foot, but it's a little bit concerning."
Kobe has always been willing to play through any injury, so it wouldn't be a surprise to see him on the floor against the Dallas Mavericks on Tuesday evening. As for now, however, even his teammates haven't the slightest clue as to whether or not number 24 will be in uniform tomorrow.
"He hasn't really talked about it," Dwight Howard said. "I know he's a little down right now. He seems down because he can't get out there and practice with us. He's trying to nurse his foot."


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Commodore 64: Back to the future
Summary: The legendary Commodore 64, the VIC and the Amiga are back and better than ever.
14 of 21Image
This is a prototype of a next-generation VIC. As you can see, there is a multi-touch display unit built into the casing towards the right of the keyboard. The company hasn't decided yet whether it should go into production.
This is the Amiga mini, which is the current Amiga-branded product. It's avaliable in a barebones configuration only for enthusiasts wanting to put in their own ITX mainboard.
The Amiga Mio is the company's next-generation small form factor Amiga product. Like the Mini, it's avaliable in barebones configuration, and will also be avaliable in select configurations from resellers who have joined Commodore's partner program.
Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.


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Seasoned Steamed Crab Legs
3 cups water
1 lemon, quartered
2 tablespoons seafood seasoning
1/2 teaspoon pepper
2 lb snow crab clusters
melted butter, optional
CALORIES (per 1/4 recipe) 260kcal; FAT 4g; CHOL 160mg; SODIUM 2530mg; CARB 1g; FIBER 0g; PROTEIN 54g; VIT A 8%; VIT C 35%; CALC 8%; IRON 35%
Other Preparation Methods
Boil: Place 2 lb snow crab clusters and 1 teaspoon salt in 6 quarts boiling water for 3-4 minutes or until thoroughly heated. Drain and serve with melted butter.
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Recipe Version FRS0003


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Weekly Cinema Just Got Cheaper
Recession Mama Michele Ashamalla: I love going to the movies, and I've noticed quite a few deals recently for movie ticket vouchers. They were on Groupon in various cities, and also on similar sites such as Living Social and Tippr. I checked them out, and they all seemed to be coming from a site called WeeklyCinema.com. When I went on the site, I saw that it was a club that required monthly payment. Generally, I shy away from those sites, but this one required no time commitment and allows you to cancel at any time with no penalty.
Its really awesome.. I just love it..
The deal is a good one when everything works out.
You need to make sure your local theaters ticket with Fandango or MovieTickets.com. Also you need to check if they accept promo codes (I think all Fandango theaters do, MovieTickets.com indicates on theater page if they take the promo codes).
The tickets from your plan don't roll over month to month, but once you've claimed them for promo codes to Fandango or MovieTickets.com, they're good for 90 days (Fandango may be longer, if you check the promo code on their site)
The $14 code also covers the fees charged by Fandango and MovieTickets.com (varies from $1-$2) and if your movie ticket + fee costs more than $14, you simply pay the rest.
I'm not a subscriber (yet), but I've purchased several of the ticket bundles to use. I've seen several movies in the last couple weeks and saved a lot of money. I plan on using them to get midnight show tickets to Harry Potter 7 come November.
There are the occasional hiccups with the site (for example at this minute it is down) and there have been some "glitches" or issues with getting codes for MovieTickets.com. But I have been one satisfied customer so far.
I just signed up to your blogs rss feed. Will you post more on this subject?
this was a really nice post, thanks
Weekly Cinema just changed their policies; it's no longer "up to $14", it's "up to $10". That's probably why they've dropped their prices!
So since a typical ticket costs about $11 (here in Baltimore, at least, with IMAX & 3D going for $14-$15), you'll be paying a few bucks on top of that initial monthly fee.
It's still a pretty decent deal, just wanted to let you all know. :)
And now suddenly it's not such a good deal as Weekly Cinema has ceased operation. Just how much money did they take in on their website (and through deal websites) and now the party's over.
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An online boutique sourcing garments and accessories from around the world, Chicwish serves women who have an eye for vintage-inspired, eclectic styles. Topping every fashion wish list, the Zip Retro Metal Bracelet breathes new life into your weary wardrobe.
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Sunday we saw the Dallas Cowboys pull out a close game against the Vikings. It was a refreshing change of pace for a team that has seemingly found a way to lose most their close games this season (the Cowboys are now 2-3 in games decided by a touchdown or less for 2013).
While a win is great, should we as fans actually applaud this effort? Good teams don't play down to the level of their opponent, they consistently execute. So far, the 2013 Cowboys are only consistently frustrating. Can we expect this team to have a chance if they even get into the playoffs?
In a word: Yes. While the Cowboys have been frustrating to watch this year, when compared to other competitors around the league they don't seem so bad.
The Seahawks, the team most commentators would consider the class of the NFC, barely pulled out a win today against the 0-7 Buccaneers. This follows up a Monday night game where they needed a last minute goal line stand to hold off the powerhouse St. Louis Rams (who had so little faith in their starting Quarterback for the game they put out a call to Wrangler ad-man Brett Favre).
Meanwhile, NFC South leading New Orleans (widespread #2 favorite in the NFC) lost to the underdog Jets. Drew Brees couldn't put a game winning drive together when given two minutes and the ball at his 20 in the 4th quarter. How un-clutch.
In Maryland, the 4-3 Chargers were unable to convert a 1st and goal from the 1-yd line with 21 seconds to go against the 2-5 Redskins. They would go on to lose in overtime.
On Thursday the 6-2 Bengals (44-9 winners over the aforementioned NY Jets a week ago) lost to the 3-4 Dolphins on a bizarre overtime game-winning Safety.
All of these games are examples of good teams not playing up to their potential. It happens. The Cowboys are frustrating, but so is every other team in the NFL.
The saying "any given Sunday" seems cliche but it's the truth. This isn't College Football, at the end of the year a win against the Vikings is as valuable as a win against the Broncos. With the right game plan, there is enough talent on any NFL squad to give the opposing team problems.
The Cowboys, for all their ups and down so far this year, are still in position for the postseason. And while they have yet to win against an "elite" opponent (next week gives them a chance to change that) they have won all the games they're supposed to win (those against sub-.500 competition).
More importantly they have been in contention during every game this year. While 2012 had disastrous games against the Seahawks and Bears, the 2013 Cowboys have had a chance to win going into the 4th quarter of every contest.
It would be nice if Dallas was dominating every game, but that's an impossible task in today's NFL. Every team has a weakness, every team can win (I still have faith, Jacksonville). Inconsistency seems to be the league standard at the moment. Let's cut our team some slack and enjoy the ride.
Tags: Dallas Cowboys NFL


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GreatSchools Rating
Teacher quality
Principal leadership
Parent involvement
Newport Heights puts on a terrific musical play every other year that includes almost every student in the whole school, from youngest to oldest, and also boasts an incredible level of parent involvement in decorating sets, working on dancing and singing and lines, and selling refreshments at the show. This production is a big hit and everyone has a wonderful time.
What a great school! The staff is very good, and there are lots of activities for kids. I am very impressed with the principal, and the pta is involved and positive. A great place for your kids!
My son is a third grade student at Newport Heights Elementary school. I have found the principal, staff, and teachers at this school to be very helpful, well qualified, caring, and supportive. They have always been willing to meet with me, answer all my questions, and suggest ways to further my son's education. There is a high level of parent involvement at this school. The PTA is very active and parents provide support in the classroom, library, office, on the playground, and with the after school programs. Some of the after school programs have included chess club, art, and Science Adventures. As a parent, I feel very fortunate to have so many dedicated people at the school working for our children. My child has needed extra services for some mild developmental delays and I have found the help provided to him to be exceptional.
I love this school and all the positive parent involvement. The staff has been there forever and the children are all known by name by the office staff. We are not big fans of the multi-age. Anyone who gets the chance to have their children part of the Newport Heights family is very lucky and we count our blessings daily as one of those families.
I think the multi-age classes are great. My daughter loves being with children of different ages. The children are separated into grades for things like math in which it would be difficult to teach in a multi-age room. The staff is wonderful and there is not a high teacher turnover as another parent wrote. In 2003 they only had one new teacher and that was to fill a new teacher position due to high enrollment. The pricipal loves all the children and knows every child by name. The school in welcoming and I feel very comfortable with my daughter attending.
This school promotes the multi-age scenario. K-1 together, 2-3 together, 4 standalone, 5 standalone. The only elementary school in the district that still has multi-age. This is great for the lower grade kids if they need a challenge. My son was in NHE K-5. Each year as a 'younger' it was great, as an 'older' he did the same work over again. In my opinion the teacher has to teach to too many levels when they have 2 grades in one class. The administration is very inflexible and difficult to work with. High teacher turnover lately. There is no written discipline policy.
Community ratings and reviews do not represent the views of GreatSchools nor does GreatSchools check their accuracy or verify the reviewers' identities. Use your discretion when evaluating these reviews.
The Community Rating is the school's average rating from its community members (e.g., parents, students, and school staff). The highest possible rating is five stars; the lowest is one star.
5525 119th Ave SE
Bellevue, WA 98006
Phone: (425) 456-5500
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- This is a senior community. A minimum age requirement of 55 or 62 may apply. Not all renters will qualify.
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Floor Plans (2)
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Property Features
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Senior Living at Its Best!
Our property is conveniently located near shopping areas, schools, churches, hospitals, and other great attractions. The beautiful grounds feature an outdoor gazebo with a fireplace setting along with barbeque grills, a clothing care center,a beautiful clubhouse and an elevator for your convenience. Come and check us out; you may want to check in. We love our residents! Head of household must be 62 years of age or older.Please call with any questions!
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2720 Sw J Avenue, Lawton OK 73505


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This business-friendly hotel offers a restaurant, a poolside bar, and a bar/lounge . Complimentary wireless Internet access is available in public areas . This 3 . 5-star hotel features business amenities including a business center, small meeting rooms, and limo/town car service . The staff can provide wedding services, event catering, and business services . Additional amenities include a concierge desk, multilingual staff, and coffee in the lobby . For a surcharge, guests have access to a roundtrip airport shuttle (available on request) . Guest parking is available on a limited first-come, first-served basis (surcharge) . This is a smoke-free property .
The 143 guest rooms at Hotel Durant include iPod docking stations and laptop-compatible safes . Beds have pillow top mattresses, Egyptian cotton sheets, and premium bedding . Complimentary wireless and wired high-speed Internet access is provided . Rooms are equipped with flat-panel televisions with premium cable/satellite channels . All accommodations provide desks, ergonomic chairs, and direct-dial phones with voice mail . Bathrooms offer bathtubs or showers, bathrobes, designer toiletries, and hair dryers . In-room minibars and coffee/tea makers are provided . Additional amenities include safes and an iron and ironing board . In addition, amenities available on request include refrigerators, microwaves, and hypo-allergenic bedding . Housekeeping is offered daily .
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Old Town Western Inn
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As they did in their first game of this four-game European Tour, the Grand Canyon University men's basketball rolled to an 86-47 win today over AS Como in Senna Comaso, Italy.
GCU won their opening game on this trip, 85-47, over VDA Rome on Friday in Rome.
The Antelopes held a commanding 41-19 lead at the half, after leading 18-4 after the opening 10-minute quarter. GCU led 66-32 after three.
GCU was led by Blake Davis who had 15 points and nine rebounds, after an 11 point, nine rebound effort on Friday. Freshman Miroslav Jaksic scored 12 points and had four boards.
Jerome Garrison, Demetrius Walker and Daniel Alexander each had 11 points. Alexander and Garrison were each 3-for-3 from behind the three-point line.
The 'Lopes shot 41.4 percent from the floor on 24-for-58 shooting. They shot 46.9 percent in the opener. The team registered a blistering 45.5 percent from behind the arc, making 10-of-22 attempts.
Jeff Lowery had four of the Antelopes' 10 steals and the squad now has 25 for the two games.
Killian Larson had 11 rebounds, after posting 10 against VDA Rome.
The Antelopes will have an off day tomorrow before flying to Athens, Greece on Tuesday. They will play Wednesday against Poseidon BC and on Thursday against Doukas.
The staff and players are scheduled to take a boat ride around the beautiful Lake Como tomorrow and will visit the Acropolis when they arrive in Greece.
Be sure to follow the team on twitter at GCU_Lopes and on Facebook at Grand Canyon University-Athletics for photos and updates.
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GREENSBORO, N.C. (AP) -- Xavier starting guard Dezmine Wells has been taken to the locker room for observation after injuring his right ankle in the first half of Sunday's game against Lehigh.
Wells' status for the remainder of the game is questionable, according to a Musketeers spokesman.
He was injured with 10:38 left in the first half and the Musketeers trailing 22-14 to the 15th-seeded Mountain Hawks.
Wells is averaging 10.2 points per game this season.


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Summaryfull details
English-Arabic translation for "posh"
"posh" Arabic translation
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posh {adjective}
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Synonyms (English) for "posh":
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Are you up to date with the latest Arabic slang? Do you know any specialist English vocabulary or Arabic terminology pertaining to a certain subject area? Why not add them to the English-Arabic dictionary? All you need to do is enter your new Arabic translation into the box below.
Latest word suggestions by users: metrology, status quo, goffered, goffer, goffer
Similar words
posable · pose · posed · Poseidon · poser · posers · poses · poseur · poseurs · Posey · posh · poshest · poshly · poshness · posies · posing · posited · positing · position · positional · positioned
More translations in the Danish-English dictionary.


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Definition of saucisson in English:
saucissonLine breaks: sau|cis¦son
Pronunciation: /ˈsəʊsɪsɒ̃ , sosisɔ̃/
A large, thick French sausage, typically firm in texture and flavoured with herbs.
More example sentences
- We came home laden with French and other foods including Amora mustard, Petit Suisse fromage frais, Cote d' Or chocolat, Duck Confit, saucissons, Merguez sausages, Gruyere cheese, Puget Olive Oil and a case of Chateau Neuf de Pape.
- There are quite a few charcuterie stands, too, selling jambons and saucissons in all shapes and flavors.
- Whatever their final appearance, they won't be nearly as curious as the serving of sliced saucissons and fresh radishes that arrived at our table before the first course.
French, literally 'large sausage'.
Definition of saucisson in:
- The US English dictionary
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Word of the day hypnopompic
Pronunciation: ˌhɪpnə(ʊ)ˈpɒmpɪk
relating to the state immediately preceding waking up


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Calendar of Trips
The Olivia Experience
Group Travel
Sisters at Sea
Military Discount
Airfare Specials
Payment Plans
Win a Vacation
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8:30am-5:30pm Pacific
Nov '14 —
Thanksgiving Caribbean
Jan '15 —
Panama Canal to Costa Rica
Feb '15 —
Australia & New Zealand Odyssey
May '15 —
Alaska Inside Passage & Glaciers
Aug '15 —
Greek Isles & Turkish Delights
Nov '15 —
Mexican Riviera
Nov '14 —
Hard Rock Hotel Vallarta
May '15 —
Punta Cana Paradise
Oct '15 —
Hard Rock Hotel Vallarta
Apr '15 —
Switzerland to Amsterdam
Apr '15 —
Amsterdam to Switzerland
Jun '15 —
Prague to Budapest
Oct '14 —
Amazing Galapagos
Nov '14 —
African Safari
May '15 —
Amazing Peruvian Amazon
Oct '15 —
Polar Bear
Nov '15 —
Amazing Galapagos
This was absolutely our most favorite Olivia cruise. Bora Bora - eat dinner at Bloody Mary's. The ship had a tender to the dock...walk across the road. Our favorite island was Moorea. Papeete was eh.
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We are signed up for the post-trip extender in Bora Bora. That over-the-water bungalow is a bucket list item for sure. We considered doing a pre-trip extender as well. However, it seemed with the arrival times based on available flights out of LAX that we would basically miss the first day of the extender, so is it worth the money? I'm worried though about how long it will take this old body to adjust to the time change and I want to be 100% ready when I board the cruise boat. Good idea to book independently.
I am also interested in hearing everyone's thoughts. I've never been on this trip before, but here are my thoughts:
doing the pre-trip 9-11 OCT over-water. (Seriously. OVER WATER.
What's not to like? It's a once-in-a-lifetime event, just like the
cruise.) I always plan on being at the start point of a cruise two days
in advance in case of baggage or flight mishaps.
Hi ladies! Looking for some thoughts in the extender. We are not sure if we should take the post trip extender and go back to Bora Bora or if we should just hang out in Papeete for a few days after the cruise. We do spend about 2 days in Bora Bora on the cruise so we weren't sure if it would be better to explore somewhere else or if there was so much to do in Bora Bora that it was worth it to go back a few more days. Also noticed that the extender says 4 nights in Bora Bora and 1 night in Tahiti which would be a total of 5 nights. The dates 18 through 21 only reflect 4 nights total so I guess it is really 3 nights in Bora Bora then? Anyone that has gone on this trip before and has advice we are open to suggestions. Thanks!
All guests traveling with Olivia must be 21 years or older.


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The Museo Carmen Thyssen Málaga's educational programme, which is based on the concept of a participative museum, is committed to close involvement with educational and cultural institutions, foundations and companies. The Museum's efforts are focused on finding points of encounter that take the form of collaborative agreements aimed at mutual enrichment and which benefit our visitors.
With regard to collaborators, the City Council of Malaga has undoubtedly been the principal supporter and promoter of the Museum since its birth. Its disinterested support in the service of all residents of Malaga and visitors is based on the idea of establishing the city as a leading centre within the world of Mediterranean culture.
The Museum also counts on the collaboration of the Provincial Government of Malaga within its Educational Centres programme, bringing the Collection to those centres in the province of Malaga that have the least resources.
Within the context of collaboration with academic bodies, the Museum continues to work with the University of Malaga and UNIA in the creation of joint programmes aimed at mutual benefits. Lecture cycles and activities based on the Collection and on the temporary exhibitions will aim to encourage students to learn more about the museum experience.
Finally, members of the public, who can take part in all these educational activities simply by purchasing a ticket, are essential collaborators of this institution in the sense that the total of their financial contribution is reinvested, making it possible for us to undertake the free social programmes offered in the Thyssen JOINS IN programme.
Friends of the Museum
Through their financial contribution Friends help to finance the educational activities organised by the Museo Carmen Thyssen Málaga throughout the year. This programme is aimed at children, young people and adults and for many participants represents their first contact with art. We are therefore committed to ensuring that Friends are an active part of the institution, helping us to improve and grow every day.
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It was reported today by Ken Rosenthal of Fox Sports that former Rays' outfield B.J. Upton has signed with the Braves.
Final terms: Upton is five years, $75.25 million with #Braves. Pending physical.
— Ken Rosenthal (@Ken_Rosenthal) November 28, 2012
Since this is a fantasy site, we have to ask the question, what does this do for Upton's fantasy value? Well, it's not going to do any good.
Moving from the American League East to the National League East is generally not a good move for a hitter. The AL East is a glamour division, but it is not known for its pitching. Obviously, guys like C.C. Sabathia have done great things, but no team has a particularly deep pitching staff, with the exception of the Rays, who Upton was obviously not facing.
Tropicana Field is also a decent park for hitters and the road parks in the American League East are all big time hitting yards. Turner Field on the other hand is extremely tough in hitters, as are Citi Field, Nationals Park (especially for righties), and Marlins Park. The only hitting park in the division is Citizen's Bank Park in Philadelphia, and even that benefits lefties a lot more than right-handed bats.
Now, he's going to a better pitcher's park division and will be getting a healthy dose of Roy Halladay, Cliff Lee, Cole Hamels, Gio Gonzalez, Jordan Zimmermann, Stephen Strasburg, and R.A. Dickey. I'm not seeing how this is going to improve his numbers, which is obviously all that matters in fantasy.
There's another problem with Upton, and it's been present for a while. Yes, he's good for 20-30 homers a year and can steal bases, but he does not get on base nearly enough to be a very valuable fantasy player, especially in the outfield. Let's look at the last four years in Tampa.
- 2009: .241 average/.313 OBP/152 strikeouts
- 2010: .237 average/.322 OBP/164 strikeouts
- 2011: .243 average/.331 OBP/161 strikeouts
- 2012: .246 average/.298 OBP/169 strikeouts
Now, there are a few positives here. Upton will be in a good lineup with the likes of Freddie Freeman and Jason Heyward developing into really good all-around players. If Dan Uggla and/or Brian McCann can find their old hitting strokes, the lineup looks a lot better. So, depending on where he bats in the lineup, I can see Upton scoring 85 or more runs. Also, in the National League, I would expect the stolen bases to at least stay the same, and he's averaged 36 over the last three years.
But Turner Field and the NL East will not do anything for his power totals, and the pitchers listed above are all licking their chops at those high strikeout totals. Upton is only 28, but his ability to get on base has actually gone down as he's gotten older, and that's extremely troublesome.
Looking at the dollar figures, I certainly don't fault Upton for signing that contract, and the Braves certainly need some right-handed power now that the switch-hitting Chipper Jones has retired. But from a fantasy baseball point of view, this is not a good move for Upton's value.
Tags: Atlanta Braves B.J. Upton


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2009-01-28 / Events & Calendar
Student Financial Aid information available
Information on paying for college and financial aid is now available through the New York State Higher Education Services Corporation (HESC), according to Assemblyman Bob Sweeney. The brochures, including How You Can Pay for College and the Student Guide to Smart Borrowing and Your Financial Future are available by calling Assemblyman Sweeney's office at 631-957-2087.
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VIP's SummerPro Bono Program is geared specifically to law students at the inception of their careers to educate them about issues of poverty in Philadelphia and to promote an ethic of service to address those issues through pro bono work.
Participants in the Summer Pro Bono Program will:
- Attend a training on VIP's work with the City of Philadelphia's Residential Mortgage Foreclosure Diversion Program, an innovative program that provides thousands of homeowners an opportunity to negotiate face to face with lenders' representatives to save their homes from foreclosure
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[7] viXra:1101.0098 [pdf] submitted on 30 Jan 2011
Authors: Andrew Beckwith
Comments: 72 pages. What was to be delivered at GRACO, Luxor, Egypt, and which will be delivered ~ 1 to 2 weeks later. At the same conference.
Octonium gravity, its break down, speculations as to semi classical
nature of gravitons, plus re capitulation of how gravitons could be an effective
Dark Energy candidate
a billion years ago presented. Plus much more.; Many optional slides included
Category: Quantum Physics
[6] viXra:1101.0097 [pdf] submitted on 30 Jan 2011
Authors: Steve Faulkner
Comments: 5 pages
This article is one of a series explaining the nature of mathematical
undecidability discovered present within quantum mechanics. In the measurement
problem, the act of relating quantum effects to macroscopic reference sytems is
seen as the instrumental process. A brief outline is given telling how an axiomatic
implementation of scalars in mathematical physics theoreticaly controls indeterminacy
and cause. Wave mechanics of the free particle is outlined along these lines. General
solutions for this system are mathematically undecidable, indeterminate formulae. The
indeterminacy is seen to vanish for extremely large scales.
Category: Quantum Physics
[5] viXra:1101.0075 [pdf] submitted on 23 Jan 2011
Authors: Steve Faulkner
Comments: 20 pages
Standard methods of quantum theory are employed, excepting: quantum
theory is initialised by the a priori adoption of the Field Axioms; and the square
root of minus one is not introduced initially as if axiomatic. Its adoption is
postponed until inconsistency in the theory forces its introduction. Entry of this
scalar, logically independent of the Axioms, relieves the inconsistency but introduces
mathematical undecidability and indeterminacy. Nevertheless, indeterminate formulae
derive determinate probability along with Pythagorean addition. Orthogonality is
indicated as the condition around which logical anomalies in quantum physics hinge.
Category: Quantum Physics
[4] viXra:1101.0055 [pdf] replaced on 18 Jul 2011
Authors: Ir J.A.J. van Leunen
Comments: 268 pages
When physics must be based on an axiomatic foundation then the law set of traditional
quantum logic is a valid candidate. However, at first sight, these axioms do not treat physical
fields and they do not treat dynamics. It only prescribes the static relations that exist between
quantum logical propositions that treat static subjects. These subjects are considered to be physical
subjects or their properties. Amongst these propositions statements exist that describe everything
that can be said about the static condition of a given physical item. Such propositions represent that item.
Category: Quantum Physics
[3] viXra:1101.0049 [pdf] submitted on 15 Jan 2011
Authors: John L. Haller Jr.
Comments: 4 pages
We explore the random motion of a quantum free particle and re-introduce an
additional term to the textbook solution for the variance. Prior experiments could have
missed this term yet it should be possible to test the hypothesis. A quadratic potential
energy derived from the self gravitational potential of the particle is hypothesized
resulting in the well known quantum harmonic oscillator in the special condition that
the particle rests exactly in the ground state, i.e. hω0 = kBT Radiation is found trapped in
this gravitational potential and when the particle carries the reduced Planck mass the
density of radiation is exactly that of the black body. We argue this "dark" particle is
responsible for the open question of dark energy and has a relic density of only 17% more
than the commonly accepted value.
Category: Quantum Physics
[2] viXra:1101.0045 [pdf] replaced on 13 May 2011
Authors: Steve Faulkner
Comments: 17 pages
Logical foundation for quantum theory is considered. I claim that
quantum theory correctly represents Nature when mathematical physics embraces
and indeed features, logical anomalies inherent in pure mathematics.
This approach links undecidability in arithmetic with the logic of quantum
experiments. The undecidablity occupies an algebraic environment which is
the missing foundation for the 3-valued logic predicted by Hans Reichenbach,
shown by him to resolve `causal anomalies' of quantum mechanics, such as:
inconsistency between prepared and measured states, complementarity between
pairs of observables, and the EPR-paradox of action at a distance.
Arithmetic basic to mathematical physics, is presented formally as a logical
system consisting of axioms and propositions. Of special interest are all
propositions asserting the existence of particular numbers. All numbers satisfying
the axioms permeate the arithmetic indistinguishably, but these logically partition
into two distinct sets: numbers whose existence the axioms determine by proof,
and numbers whose existence axioms cannot determine, being neither provable
nor negatable.
Failure of mathematical physics to incorporate this logical distinction is seen
as reason for quantum theory being logically at odds with quantum experiments.
Nature is interpreted as having rules isomorphic to the abovementioned axioms
with these governing arithmetical combinations of necessary and possible values or
effects in experiments. Soundness and Completeness theorems from mathematical
logic emerge as profoundly fundamental principles for quantum theory, making
good intuitive sense of the subject.
Category: Quantum Physics
[1] viXra:1101.0001 [pdf] submitted on 2 Jan 2011
Authors: Michael Harney
Comments: 3 pages
It is shown that the atomic number Z is prime at the beginning of the each s1, p1, d1,
and f1 energy levels of electrons, with some fluctuation in the actinide and lanthanide
series. The periodic prime number boundary of s1, p1, d1, and f1 is postulated to occur
because of stability of Schrodinger's wave equation due to a fundamental relationship
with the Riemann-Zeta function.
Category: Quantum Physics


text:
Mentoring Partners
Brevard County Public Schools
Ginger Blair
Community Involvement Coordinator
2700 Judge Fran Jamieson Way
Viera, FL 32940
Phone: (321) 633-1000 ext 644
Fax: (321) 633-3620
Email: firstname.lastname@example.com
National Service Programs — AmeriCorps
Florida Conservation Corps AmeriCorps
Sebastian Inlet State Park, Brevard & Indian River Counties
Indian River Lagoon State Park, Brevard & Indian River Counties
Emily Schwerin
Florida Park Service AmeriCorps Coordinator
Bureau of Operational Services
Department of Environmental Protection
4801 Camp Ranch Road
Gainesville, Florida 32641
(850) 544-3596
Email: email@example.com
Website: www.floridastateparks.org
Program Focus: Environment
Program Year: Jan – Dec
As part of Project A.N.T. (AmeriCorps Non-native plant Terminators), AmeriCorps members focus on invasive exotic plant management and trail improvements in Florida's state parks. Spending a majority of their time outdoors, members treat and survey for invasive exotic plants in addition to performing trail improvements and assessments. Members also recruit volunteers to assist with invasive exotic plant management, and educate park visitors and the local community about the damaging effects of invasive exotic plants on Florida's unique ecosystems.
FL| CC College Access AmeriCorps Program
Brevard Community College, Brevard County
Carmela Lopez, Program Coordinator
Florida Campus Compact
1801 Miccosukee Commons Drive
Tallahassee, FL 32308
(850) 488-7782
Email: email@example.com
Laryn Flikkema, Director
Florida Campus Compact
1801 Miccosukee Commons Drive
Tallahassee, FL 32308
(850) 488-9660
Email: email@example.com
Website: www.floridacompact.org
Program Focus: Youth Mentoring
Program Year: Aug – July
AmeriCorps members mentor at-risk youth in grades 6-12 and at risk college students with the purpose of improving college readiness, access and successes. In addition, members participate in service-learning and volunteer projects alongside mentees and leverage additional student and community volunteers to address school and community needs.


text:
The Eagles released two-time Pro Bowl defensive end Jason Babin in the first major roster move for a team that's lost seven straight games.
Babin had just 5.5 sacks after recording 18 last year. He signed a five-year, $28 million deal last summer after going to his first Pro Bowl with Tennessee following the 2010 season. The move came Tuesday, a day after a 30-22 home loss to Carolina dropped the Eagles to 3-8 and last in the NFC East.


text:
Product Announcement from General Magnaplate Corporation
Dramatically increases mold-release speed, efficiency, and wear-resistance on metal parts ...despite high pressures or high temperatures.
- Withstands continuous operating temperatures over 950°F (510°C), intermittent air temperatures over 1600°F (871°C), and vacuum temperatures to 2400°F (1316°C).
- Ideal for all metals, including steel, copper, brass, and aluminum
- Superior mold release, even under high load bearing pressures (up to 100,000 psi)
- Friction properties-as low as 0.13 dynamic and 0.14 static
- Corrosion resistance-some types will survive 1000 hours in an ASTM B-117 salt spray
- Can be used as an additional enhancement for TUFRAM®, NEDOX® or PLASMADIZE® coatings
- Thickness-surface build-up from <0.0001" to 0.002"
- May be made either thermally or electrically non-conductive or conductive, as desired
- Remarkably consistent thermal conductivity
- Recommended for use on injection molds, seal dies, roll dies, gears and bearings, and bag formers
- Magnaplate HTR increases the release efficiency of steel, copper, brass, aluminum, and other metals used in the fabrication of molds and dies for a wide range of industries.
Worn or damaged molds are often the cause of poor release. HTR's superior resistance to wear makes it ideal for use in plastic and other molding industry applications where mold design or definition is subject to abrasive damage by the material being molded. Because HTR maintains a uniform, consistent level of thermal conductivity, it also solves release problems that stem from variations in mold surface temperatures. The use of HTR is also recommended where sprays, release additives or other forms of "paint-on" or sprayed-on dry lubricant coatings do not perform properly.
In addition to its use as a release agent on molds, HTR is suggested for use on a wide range of high temperature equipment components, including:
- Seal dies at 800°F (427° C)
- Roll dies at 650°F (343°C)
- Chrome replacements at 800°F (427°C)
- Spindle heads and slides at 600°F (316°C)
- Blow molds at 550°F (288°C)
Typical Applications:
- extruding of plastics
- molding or forming of metal parts
- manufacturing of packaging wraps, films, and other heat-sensitive materials.
About General Magnaplate:
As the world leader in surface-enhancement coatings, General Magnaplate solves wear, corrosion and lubrication problems throughout many industries including manufacturing, food processing, oil and gas, medical diagnostics, pharmaceuticals, aerospace, semiconductors and many more. Please see the industries section of our site for more details on the typical applications we process on a daily basis.
Please click on the links to the right for more information or request a quote today!
|Get More Info on Supplier's Site
|Request A Quote
|Email Supplier


text:
Brand owners applying for a new TLD may receive the following benefits: obtaining a short and memorable domain name; improved advertising and ranking on search engines; new, creative marketing opportunities; and improved security because users will recognize a domain as belonging to a specific brand owner. Brand owners who purchase a TLD must use the TLD. Thus, the brand owners participating in the program may either restrict a new TLD to internal use, open the new TLD to limited partners, or allow third parties to register domain names within the new TLD.
Despite the benefits a brand owner may receive when applying for a new TLD, there are unavoidable drawbacks. For example, the application process is expensive; the application fee is $185,000 per TLD, and the estimated cost of employing consulting experts to prepare a complete application may be $100,000 or more. Additionally, brand owners may pay dispute resolution fees, auction fees if another party is competing for the same TLD, or other potential fees. ICANN's Consensus Policies also require brand owners to commit to a 10-year Registry Agreement that requires a minimum payment of $25,000 annually. Furthermore, the application process is time-consuming. The application contains fifty questions covering general business, financial, technical and operation information. Moreover, if a brand owner does not apply for a new TLD, the brand owner may lose a preferred TLD or market share to a competitor who obtains a new TLD and may not be able to apply for a subsequent TLD until 2013 or later.
ICANN has implemented procedures to resolve conflicts that arise over ownership of .brand TLDs, such as when two TLDs are confusingly similar. For example, third parties may file both comments and objections to applications. Additionally, legal rights holders may file an objection if the proposed TLD infringes upon legal rights that are enforceable under internationally recognized principles of law. Registered or unregistered trademarks may form the basis of an objection.
ICANN anticipates accepting TLD applications from January 12, 2012 to April 12, 2012 and posting the applications fifteen days after the deadline. Following a seven month objection period, ICANN will post initial results in November 2012, and new TLDs will be introduced in early 2013.
The take-away message is clear: regardless of whether brand owners apply for a TLD, they should be assertive, enforce their trademark rights once the new TLDs are launched, and monitor the use of their brands.]]>
The Copyright Alert System is intended to provide major ISPs' systems with the ability to deal with claims of copyright infringement by the entertainment business. Under the Digital Millennium Copyright Act (17 U.S.C. §512), ISPs "shall not be liable for monetary relief . . . or other equitable relief, for infringement of copyright by reason of the provider's transmitting, routing, or providing connections [or] for material through a system or network controlled or operated by or for the service provider" if they enforce measures to prevent repeat copyright infringement.
The Copyright Alert System is a six-stage notification system that will electronically alert internet users when their account is used for wrongful downloading. The system will have escalating remedies in place in the event infringing activity continues. The six stages are as follows:
Stage 1: After an ISP receives a notice from a copyright owner, the ISP sends an online alert to its subscriber containing educational materials about copyright infringement.
Stage 2: The subscriber receives a second online alert similar to the first online alert, and the ISP may escalate the subscriber straight to the third online alert.
Stage 3: The subscriber receives a third online alert. However, the alert requires the subscriber to acknowledge that he or she has received the alerts concerning copyright infringement. Additionally, the third online alert warns the subscriber that content theft can lead to consequences under the law and the ISPs' policies.
Stage 4: The subscriber receives a fourth online alert identical to the third online alert.
Stage 5: The subscriber receives a fifth online alert. At this stage, however, the ISP may take "mitigation measures" that are "reasonably calculated to stop future content theft," including "temporary reductions of Internet speeds, redirection to a landing page until the subscriber contacts the ISP to discuss the matter or reviews and responds to some educational information about copyright, or other measures that the ISP may deem necessary to help resolve the matter."
Stage 6: The subscriber receives a sixth online alert, and the ISP will execute one of the above "mitigation measures."
A subscriber who finds himself or herself at the latter stages of the Copyright Alert System must go before an independent reviewer to stop or contest the mitigation. The review costs $35. Additionally, the Copyright Alert System is designed to be flexible. For example, the ISPs will not be required to terminate a subscriber's membership in the event of copyright infringement. Further, subscribers may request independent review of their alleged copyright infringement to avoid any "mitigation measure." Still further, the Copyright Alert System will not allow copyright owners to determine the identity of subscribers. Moreover, the ISPs will not be required to enforce any "mitigation measure" that will disable fundamental services, such as email or security services.
Critics fear that the Copyright Alert System will prove more harmful than beneficial to ISPs and copyright owners. For example, some analysts believe that the Copyright Alert System will be detrimental to the ISPs that have joined forces with the entertainment industry because infringing subscribers will be frustrated with the online alerts. Thus, subscribers may leave these ISPs for other service providers that have not implemented the Copyright Alert System. Additionally, critics argue that the Copyright Alert System will be ineffective because subscribers will always find a way to steal creative content. Only time will tell how effective the Copyright Alert System will be to ISPs and copyright owners.]]>
Under 35 U.S.C. §§ 145 and 146, a patent applicant may challenge a decision of the Board of Patent Appeals and Interferences by appealing to the Court of Appeals for the Federal Circuit. The Court of Appeals will review the Board's decision based on the record submitted to the PTO under a deferential standard outlined in the Administrative Procedure Act. Alternatively, a patent applicant may file a civil action in district court so that the case would be evaluated under a de novo standard of review. Because the PTO has spent time, money, and resources to resolve the patent applicant's underlying issues, many legalists believe that PTO decisions should be given deference on appeal to a district court.
The Federal Circuit ruled in Hyatt v. Kappos that in district court actions, to review a PTO decision, (1) there were virtually no limits on new evidence other than the ordinary rules of evidence and civil procedure, and (2) when new evidence is admitted, the PTO decision is reviewed de novo. The Federal Circuit held that "35 U.S.C. § 145 imposes no limitation on an applicant's right to introduce new evidence before the district court, apart from the evidentiary limitations applicable to all civil actions contained in the Federal Rules of Evidence and Federal Rules of Civil Procedure." The only limitation that the Federal Circuit addressed was that new evidence must relate to issues that were evaluated by the PTO. Additionally, the Federal Circuit held that "if no new evidence is introduced, the district court reviews the action on the administrative record, subject to the court/agency standard of review." However, if a patent applicant introduces new evidence that is relevant to an issue considered by the PTO, the Federal Circuit ruled that the district court must review the issue de novo.
Following the Federal Circuit's decision in Hyatt v. Kappos, the United States filed a petition for writ of certiorari. The United States is requesting that the Supreme Court hold that an applicant in a 35 U.S.C. § 145 action may not introduce new evidence that could have initially been submitted to the PTO, and that the district court should give deference to prior PTO decisions when a patent applicant presents new evidence.
The following issues will be addressed by the United States Supreme Court: (1) whether a patent applicant who files a 35 U.S.C. § 145 action may present new evidence to the Federal District Court that could have been presented to the PTO in the first place; and (2) when new evidence is introduced under 35 U.S.C. § 145, whether the district court may decide related factual questions de novo without giving deference to the prior decision of the PTO.
The Supreme Court's decision in this case could greatly impact the route a dissatisfied patent applicant will take in response to a PTO rejection. If the Supreme Court upholds the judgment of the Federal Circuit, then a patent applicant has an incentive to challenge PTO decisions in district court because new evidence may be evaluated under a de novo standard of review. However, if the Supreme Court vacates the judgment of the Federal Circuit, a patent applicant may be less compelled to pursue review in district court because deference would be accorded to the PTO. Thus, under the latter circumstances, a patent applicant would be encouraged to appeal directly to the Court of Appeals for the Federal Circuit.]]>
On July 1, 2011, Paul "DJ Paulie" Lis of South Windsor, Connecticut sued Paul "Pauly D" DelVecchio from MTV's show "Jersey Shore" for trademark infringement. Mr. Lis registered the marks "DJ PAULIE" and "DJ PAULIE'S WORLDWIDE COUNTDOWN" for "entertainment services in the nature of disc jockey services" with the United States Patent and Trademark Office (USPTO) in May 2008.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the consent of the trademark owner. Infringement occurs when an infringer uses a mark that is identical or confusingly similar to a mark owned by another party with identical or similar products or services covered by the registration. Courts weigh certain factors to determine whether marks are confusingly similar: (1) strength of the mark; (2) proximity of the services; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels used; (6) type of services and the degree of care likely to be exercised by the purchaser; (7) defendant's intent in selecting the mark; and (8) likelihood of expansion of the product lines.
In his registration, Mr. Lis claims he adopted the mark "DJ PAULIE" in 1971 and has used it continuously since 1973, seven years before Mr. DelVecchio was born. Although Mr. DelVecchio filed two applications for "DJ PAULY D" in February 2010, the USPTO has refused his registration on the grounds that the mark "DJ PAULY D" is confusingly similar to Mr. Lis' registrations.
In his complaint, Mr. Lis is asking for $4 million in damages. Mr. Lis is focusing on how the mark "DJ PAULY D" has impaired his ability to be known by his DJ PAULIE marks. According to Mr. Lis, "[b]efore [Jersey Shore] went on the air, my website was very successful and getting attention from national advertisers, but [n]ow, I've pretty much been wiped off the Google map." Additionally, the complaint alleges that "the reality television show gained immediate popularity by following a group of young adults pursuing a debauched lifestyle suggestive of loose morals, violence, intoxication and liberal profanity – the exact opposite of the reputation [of] 'DJ Paulie'."
Mr. Lis claims that the mark "DJ PAULY D" has caused "reverse confusion," which occurs when a second user becomes better known than the first user. Thus, Mr. Lis is concerned that consumers will incorrectly believe that he is a latecomer trying to capitalize on Mr. DelVecchio's fame, rather than the first user.
Jose M. Rojas, Mr. Lis's attorney, claims that a cease and desist letter was sent to MTV to prohibit the marketing of the mark "DJ PAULY D," but no response was received. Thus, Mr. Lis filed a lawsuit against not only Mr. DelVecchio, but also Viacom, Hearst Publications, and Baskin Robbins, alleging that they "advertised, promoted and sold disc jockey software incorporating the mark "DJ PAULY D," and in association with the persona" of Mr. DelVecchio.
Assuming that Mr. Lis can substantiate his first use date of 1973, sources believe that he will have priority over the mark "DJ PAULIE" considering that Mr. DelVecchio was born seven years after 1973.
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The case involved patents for technology that were used to measure human immunodeficiency virus (HIV) in blood samples. The technology for measuring these samples was developed by Stanford scientists who were funded by the National Institutes of Health. Stanford researchers had worked with a private company on such a technique, which ultimately led to a test kit marketed by Roche Molecular Systems, the world's largest maker of cancer drugs. Along with forty other universities and the American Council on Education, the University of Colorado submitted an amicus brief to the Court in support of Stanford in the case, a ruling which will greatly impact universities that own patents resulting from federally funded research.
The issue involved the interpretation of the University and Small Business Patent Procedures Act, also known as the Bayh-Dole Act of 1980. The Bayh-Dole Act gives U.S. universities, small businesses and nonprofit groups rights to inventions and other intellectual property resulting from federally funded research.
Stanford filed suit for patent infringement over three patents against Roche Molecular Systems in 2005. The university alleged that the HIV test kits sold by Roche emerged from research conducted by Dr. Mark Holodniy when he was at Stanford in the late 1980s. While at Stanford, Dr. Holodniy signed an agreement giving the university "right, title and interest in" inventions stemming from his research. During that time period, however, Dr. Holodniy worked at a private California biotechnology company called Cetus, which was later bought by Roche, to develop a blood testing system. While at Cetus, Dr. Holodniy signed a contract agreeing to assign to Cetus the rights to his "ideas, inventions and improvements," as a consequence of his access to the company's polymerase chain reaction (PCR) – a method that allows billions of DNA sequences to be copied from a small blood sample – techniques, a technique that Cetus developed in the 1980′s. Through Dr. Holodniy's research, Stanford secured three patents to the blood-quantifying techniques.
The Supreme Court ruled 7-2 in favor of Roche Molecular Systems. The Court held that Dr. Holodniy transferred his rights to the discoveries to Cetus, which made Roche the owner of the patents upon acquiring Cetus. The Supreme Court ruled that inventors, rather than the universities that employ them, have the first right to patent and profit from their discoveries. Thus, the majority held that Stanford interpreted the Bayh-Dole Act too broadly, stating that "nowhere in the Act are inventors deprived of their interest in federally funded inventions."
According to Chief Justice John G. Roberts Jr., writer for the majority opinion, "since 1790, the patent law has operated on the premise that rights in an invention belong to the inventor . . . Although much in intellectual property law has changed in the 220 years since the first Patent Act, the basic idea that inventors have the right to patent their inventions has not." Chief Justice Roberts added that "we are confident that if Congress had intended such a sea change in intellectual property rights it would have said so clearly." In other words, Chief Justice Roberts held that the Bayh-Dole Act allows federal contractors, including universities, to elect to retain title to discoveries; the Act does not vest title automatically in universities. Justices Stephen G. Breyer and Ruth Bader Ginsburg dissented, stating that the 1980 law intended to give federal contractors title to discoveries that arise from related research.
Although the Supreme Court's decision clarifies the Bayh-Dole Act of 1980, some lawyers are skeptical as to its effects because the case arose under unusual circumstances; Dr. Holodniy signed two conflicting contracts. In one contract, he promised Stanford the rights to his future inventions. In the other contract, he assigned his rights to Cetus. The Supreme Court ruled that Cetus' contract prevailed because it covered current work, whereas Stanford's contract applied only to future inventions. Thus, the outcome of the case may, therefore, rest on the loose wording in the contracts.]]>
The tattoo artist, S. Victor Whitmill, who gave Mike Tyson a facial tattoo, is suing Warner Brothers Entertainment for copyright infringement over its use of similar-looking facial art on Ed Helms' character in the movie "The Hangover: Part II." Mr. Whitmill filed suit in Missouri federal court in April 2011.
Mr. Whitmill asked for an injunction to stop the release of the movie, which was released over Memorial Day weekend. However, his request was denied. The federal judge ruled that "The Hangover: Part II" could open in theaters as planned; however, the judge ruled that the copyright lawsuit would be allowed to go forward.
Mr. Whitmill claims in his lawsuit that he was never "asked for permission for, and has never consented to, the use, reproduction or creation of a derivative work based on his original tattoo." The complaint alleges that "when Mr. Whitmill created the Original Tattoo, Mr. Tyson agreed that Mr. Whitmill would own the artwork and thus, the copyright in the Original Tattoo."
The case turns on the fact that the tattoo in the movie is being used as a parody of Mr. Tyson's tattoo. According to Warner Brothers Entertainment attorney, Joey Jackson, "using the tattoo in the movie is simply part of the joke. It is also transformative in that it makes use of the tattoo in a scene where it adds value to the meaning of the original design. The show will go on as no court will order an injunction."
Nevertheless, because Mr. Whitmill filed a copyright suit, Warner may be forced to settle with the tattoo artist. According to entertainment attorney Yemi Adegbonmire, the court will likely lean in favor of Mr. Whitmill because the tattoo is registered as a copyright. Thus, according to Mr. Adegbonmire, Warner Brothers Entertainment should have had notice as to Mr. Whitmill's intent to protect his work.
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NTP may be remembered for their lawsuit in 2000 against the Blackberry manufacturer, Research in Motion (RIM). RIM settled the case in 2006 and paid a reported $613 million to NTP. In return, RIM now has a license to practice NTP's patented technology. In 2007, NTP sued AT&T, Sprint Nextel, T-Mobile, and Verizon Wireless for similar patent infringement which are still pending in the courts.
Microsoft and Google do not manufacture smartphones but do make operating systems for smartphones. Donald Stout stated that the "[u]se of NTP's intellectual property without a license is just plain unfair to NTP and its licensees." The defendant companies have yet to comment about the suit.]]>
The Supreme Court upheld the ruling that Bilski's application claimed non-patentable subject matter. The Supreme Court rejected the Federal Circuit's holding that the "machine or transformation" test was the sole test for determining patentability. Instead, the Court stated that the test was merely a factor to consider. Kennedy's majority opinion specifically stated that "[t]his Court's precedents establish that the machine-or-transformation test is a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under §101." Additionally, the Court held that business method patents could still be patentable, but Bilski's application was not patentable. 35 U.S.C. 101 states that a "process" is patentable subject matter; however, the statute states that laws of nature, physical phenomenon, and abstract ideas are not patentable. The Supreme Court held that Bilski's patent application only manipulated an abstract idea and was, therefore, unpatentable. In conclusion, the Supreme Court seems to have established that processes or business method claims which do not satisfy the machine-or-transformation test may still be patentable if they do not claim abstract ideas.
The USPTO released an internal memo to examiners explaining that they should continue to "examine patent applications for compliance with section 101 using the existing guidance concerning the machine-or-transformation test as a tool for determining whether the claimed invention is a process under 101." If a claimed method satisfies the test, then the method is likely patentable unless it is clearly an abstract idea. On the other hand, if the claimed method does not meet the test, the examiner should reject the application unless there is a clear indication that it is not an abstract idea.
For more information, the actual opinion can be found at: http://www.supremecourt.gov/opinions/09pdf/08-964.pdf
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The United States Patent and Trademark Office (USTPO) is requesting comments and input from the general public about a potential multi-track examination initiative. The proposed "Three Track" initiative will give applicants better control over their examination process while increasing efficiency in the Patent Office. The proposed "Three Track" initiative would classify examination tracks in three categories. An applicant may request:
Track I: prioritized examination (which would require an associated fee in addition to the filing fee)
Track II: traditional examination under the current procedures
Track III: for non-continuing applications first filed in the USPTO, an applicant-controlled delay for up to 30 months prior to docketing for examination (applicant must request examination and pay examination fee within 30 months of filing)
By giving applicants better control over the timing of examination, the proposed initiative will decrease pendency and allow the USPTO to employ its resources more efficiently. Specifically, one thing the initiative could change is how applications which are based on foreign priority are examined.
"For applications filed in the USPTO that are based on a prior foreign-filed application, no action would be taken by the USPTO until the agency receives a copy of the search report, if any, and first office action from the foreign office as well as an appropriate reply to the foreign office action as if the foreign office action was made in the application filed in the USPTO. Following or concurrent with the submission of the foreign office action and reply, the applicant may request prioritized examination or obtain processing under the current procedure. This proposal would increase the efficiency of the examination of these applications by avoiding or reducing duplication of efforts by the office of first filing and the USPTO."
The USPTO is holding a public meeting on July 20, 2010 at 1:30 p.m. at the USPTO's Madison building, 600 Dulany Street, Alexandria, Virginia. Please see the USPTO press release for more information about submitting comments and attending the general meeting: http://www.uspto.gov/news/pr/2010/10_24.jsp
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Back in 2004, TiVo sued Dish Networks (Echostar) for infringing its patent, U.S. Patent No. 6,233,389 ("the '389 patent"), which allows a user to record a television show while simultaneously watching or viewing another program or show. In mid-2006, the Eastern District Court of Texas returned a jury verdict holding that Dish Networks infringed the '389 patent and awarded $89.6M in damages and a permanent injunction to TiVo. The permanent injunction prohibited Dish Networks from providing its DVR service. Dish Networks appealed this decision, and in January 2008, the United States Court of Appeals upheld the District Court's ruling. Throughout this period, Dish Networks continued to sell its DVR system. Dish Networks claimed they made design-around adjustments to the DVR system that would avoid infringement of the '389 patent. However, TiVo argues that the changes were insubstantial and seeks additional damages caused by Dish Networks. If the Federal Circuit upholds the permanent injunction, it could mean the end for Dish Networks' and DirectTV's recording devices.
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