text:
Grants Awarded to Fire Departments
Updated: 02/17/2005 - The U.S. Department of Homeland Security has approved grants for volunteer fire departments in Choctaw and Marengo Counties.
Updated: 02/17/2005 - The U.S. Department of Homeland Security has approved grants for volunteer fire departments in Choctaw and Marengo Counties.
Updated: 02/17/2005 - A pair of Mississippi Army national Guard soldiers died in a vehicle crash in Iraq.
Updated: 02/18/2005 - About 80 soldiers of the Mississippi Army National Guard's Company G, 185th Aviation Unit are scheduled to return home Friday.
Updated: 02/17/2005 - A bill was introduced in the U.S. Senate to offer income tax credits of up to $20,000 for military reservists who are serving on active duty.
Updated: 02/17/2005 - Cattle herder to hero may best describe former hostage Thomas Hamill. Now, almost a year after his ordeal in Iraq, Hamill says there are common misconceptions about the Iraqi people.
Updated: 02/16/2005 - Jeff Anderson Regional Medical Center announced it is adding barcode technology to its pharmacy to decrease the chances for error.
Updated: 02/16/2005 - Tornado sirens sounded Wednesday across Mississippi and Alabama, but there was no severe weather.
Updated: 02/16/2005 - On April 9, 2004 the eyes of the world were on the capture of Macon, Miss. native Thomas Hamill. Almost a year later, Hamill is not only reflecting on the past, but looking ahead to his future.
Updated: 02/16/2005 - University of Southern Mississippi president, Dr. Shelby Thames, says the school will not lose its accreditation.
Updated: 02/16/2005 - Authorities are trying to determine the extent of damage done by con artists who raided the computer files of a consumer data company.
Updated: 02/16/2005 - A Kemper County man apparently died Sunday in a tractor accident. He was not found until Tuesday.
Updated: 02/16/2005 - The FBI has filed a charge of voluntary manslaughter against a man in the death of Bennie Stafford, a member of the Mississippi band of Choctaw Indians.
Updated: 02/15/2005 - The Mississippi Court of Appeals has denied a Mississippi inmate, who pleaded guilty to murder in 1981, the chance for a jury trial.
Updated: 02/15/2005 - Meridian's hospital complex continues to grow. Riley Hospital asked the City Council to close a street for its newest expansion.
Updated: 02/15/2005 - Ross Collins Career and Technical Center hosted its annual Career Fair Tuesday at Meridian High School.
Updated: 02/15/2005 - A Meridian family shares a touching letter home from a soldier who died in service to the United States of America.
Updated: 02/15/2005 - The Meridian Exchange Club honored the "cream of the crop" in local law enforcement Tuesday.
Updated: 02/15/2005 - From a Macon, Miss. dairy farmer to a man known around the world for his courage and a miraculous escape, Thomas Hamill says God taught him through his experiences.
Updated: 02/15/2005 - Meridian Mayor John Robert Smith is running for another term.
Updated: 02/14/2005 - An arrest has been made in a weekend shooting in Wayne County.
Updated: 02/14/2005 - The Mississippi Development Authority's trade representatives to China and South America talked about international trade relations with Meridian business people.
Updated: 02/14/2005 - Two men who died in a plane crash Saturday shared a love of flying.
Posted: 02/14/2005 - There's a new breakthrough in the treatment of multiple sclerosis. Here in the U.S., there are about 250,000 people living with this disease.
Updated: 02/14/2005 - The mayor of Tchula, Miss., visited Meridian Monday to talk about poverty with the Women's Missionary Union.
Updated: 02/14/2005 - Wayne County sheriff's deputies have made an arrest in a weekend shooting in the St. John's community.


text:
Tom Hardy Reveals He's Been Wearing Elton John's Clothes
This story first appeared in the Nov. 22 issue of The Hollywood Reporter magazine.
Tom Hardy isn't just playing Elton John in the biopic Rocketman -- he's channeling him.
Turning up in early November at the American Film Market to tout the project, Hardy -- accompanied by John -- revealed he's been wearing the pop icon's actual clothes to get into the mood (he especially likes John's iconic tracksuits). Hardy even asked to borrow John's watch.
"The two met up after Cannes in May and really hit it off," says Joe Drake, whose company Good Universe is selling Rocketman (due to shoot in fall 2014) internationally.

subset: commoncrawl


text:
Dr. Jugalkishor K. Shah, MD
Cardiovascular Disease
- 196 Cardiology Dr
Rock Hill, SC 29732 - 1 Location
- (803) 324-5135
Dr. Jugalkishor K. Shah graduated from the Baroda Medical College, Gujarat, India in 1973. He works in Rock Hill, SC and specializes in Cardiovascular Disease and Interventional Cardiology. Dr. Shah is affiliated with Carolinas Medical Ctr-Pineville, Novant Health Presbyterian Medical Center, Piedmont Medical Center and Springs Memorial Hospital.
Gender: Male
Languages Spoken: English
Cardiovascular Disease, Interventional Cardiology
Medical School: Baroda Medical College, Gujarat, India; Graduated 1973


text:
At Future POS of Pennsylvania we provide Point-of-Sale Systems for resaurants, bars, fine dining,... Read More
(877) 453-9402
Turtle Creek, PA
Your one-stop small business shop for phone, fiber-optic Internet, web site development, digital ... Read More
(888) 770-2489
Turtle Creek, PA
Linen Service offers free estimates for these services: • Restaurant linen services • Health ... Read More
At Dex One, we are dedicated to helping local businesses like yours succeed. We work hard to conn... Read More
(855) 855-5295
Turtle Creek, PA
Our courteous, professional operators are available to answer calls from your customers 24/7. Us... Read More
All County Office Furniture and Home Furniture Warehouse are the largest showroom in the area. Wi... Read More
Enviromatic Corp of America is a Restaurant Hood & Duct cleaning system, offering the expert Roto... Read More
Smith Transcription is an independently owned and operated Butler, PA transcription service dedic... Read More
City Wide Graphix & Mobile Advertising is a full-service vehicle wrap and mobile billboard compan... Read More
About CBS Authorized Dealer/Reseller/Partner CBS/Cove Business Systems is a Sprint Au... Read More
(877) 617-1910
Turtle Creek, PA
Shred-it provides secure document destruction services that comply with legislation and ensures t... Read More
Offering fast and efficient service on all types of commercial cooking and refrigeration equipmen... Read More
Motor Club of America (MCA), a unique motor club and traveling organization serving Woodside, NY,... Read More
Iron Mountain Incorporated (NYSE: IRM) is a leading provider of information storage and managemen... Read More
(800) 887-8874
Turtle Creek, PA
Now in our 25th year, Marketing Support Network helps companies increase market penetration, impr... Read More


text:
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon.com Books at the time of purchase will apply to the purchase of this product.
Forty-eight traditional and popular songs. Titles: The First Noel * I Heard the Bells on Christmas Day * Jingle Bells * The Little Drummer Boy * The Night Before Christmas Song * Silent Night * Sleigh Ride * We Three Kings of Orient Are * We Wish You a Merry Christmas * and more. Instruction included.. Price: $10.95
© Copyright 2015 - Christmas.com. All rights reserved and protected by Christmas Spirit


text:
Join Now
Sign In
Do hemorrhoids cause loose stools?
Make an appointment:
(i.e. Dermatologists)
Choose a Specialty
Find Doctors
Do hemorrhoids cause loose stools?
I'm in college and I think I have hemorrhoids. It's not really a problem, but recently I've also been having diarrhea or loose stool. Could the hemorrhoids be the problem? If so, what are my options for getting rid of them?
Typically hemorrhoids do not cause symptoms of
or loose stool. Hemorrhoids are normal structures found in the anal canal that are made of small blood vessels and connective tissue. They are helpful in their usual state because they act like cushions to help the passage of stool. They cause symptoms when they become inflamed, swollen or irritated. These symptoms usually consist of
, itching, and pain. Hemorrhoids located within the rectum do not cause pain and usually cause painless bright red bleeding seen on the toilet paper or covering the stool. External hemorrhoids (those protruding outside of the rectum) on the other hand can be a significant source of pain in addition to bleeding, and this pain may be exacerbated with bowel movements. Simple and cost-effective options for the prevention and treatment of hemorrhoids include softening the stool with a combination of medication (eg docusate sodium), increasing dietary fiber intake, and maintaining appropriate fluid intake. For further symptomatic relief, sitz baths, anti-inflammatory medications, and topical creams may help. If the hemorrhoids are a persistent source of pain and conservative measures fail to bring relief, then referral to a colorectal
may be needed, where procedures such as rubber band ligation can be performed.
This answer is for general informational purposes only and is not a substitute for professional medical advice.
If you think you may have a medical emergency, call your doctor or (in the United States) 911 immediately. Always seek the advice of your doctor before starting or changing treatment. Medical professionals who provide responses to health-related questions are intended third party beneficiaries with certain rights under ZocDoc's Terms of Service.
Other Colorectal Surgeons
Dr. Dean Pappas
Colorectal Surgeon
Avg Rec:
1100 Franklin Avenue
Garden City, NY 11530
Dr. Jules Garbus
Colorectal Surgeon
Avg Rec:
1100 Franklin Avenue
Garden City, NY 11530
Find a Colorectal Surgeon
Search for an answer:
Who answers these questions?
Answers are written by doctors from top institutions:
Share This Answer
Related Questions
Can one get rid of hemorrhoids?
Need More Info?
See a Doctor Today
Top Browsed Locations
Battery Park City, New York, NY
Prince's Bay, Staten Island, NY
Brooklyn Heights, New York, NY
Sea Gate, Brooklyn, NY
Castleton Corners, Staten Island, NY
Graniteville, Staten Island, NY
Tribeca, New York, NY
Woodstock, Bronx, NY
Bergen Beach, Brooklyn, NY
Woodmere, NY


text:
Carnival Freedom Cruise Review by Hardrock12: Annual Winter Cruise
Member Rating
Compare Prices on Carnival Freedom Western Caribbean Cruises
Annual Winter Cruise
There was three couples going together and we left Atlanta on an 8:30 flight with Delta. We arrived Ft Lauderdale around 10:15 or 10:30. Taxi stand just outside baggage pick=up to the left. We split up three to taxi. Short ride to ship, Taxi ride between 13 to 16 dollars plus tip. No problems going on ship. We went up to Lido deck and had nice lunch and our rooms were ready at 12:30. Received bags in room later in afternoon.
The ship was very clean and well maintained. No one complained about the food. Had Brunch two days and was very good. We did't attend any shows. No name entertainment advertised.Problems: The casino has poor ventilation. The smoke around the casino bar was terrible. Our room was 8350 which was under entrance to Lido resterant and is a wood floor. The first night they apparently were restocking bars and breakfast bar above and I could not sleep. I asked the purser for another room and he said there was none but gave me some ear plugs. The noise was not too More
bad after the first night. Also art storage room is directly across from this room and they load and unload twice each day starting real early in morning. Be sure to ask Cruise Specialist where your room is located. Stay away from 8346-48-50-52. We were VIP and were first off ship at 6:30 am and carried our bags and had early flight. Exceptfor problems stated this is a very nice cruise. Less
Published 02/06/13
Read more Carnival Freedom cruise reviews >>
Read Cruise Critic's Carnival Freedom Review >>
Compare Prices on Carnival Freedom Western Caribbean Cruises
Cabin review: 8350
Our cabin was 8350. This is a terrible location. Directly under entrance to Lido restaurant. Wood floor. You can hear sliding chairs and tables day and night. Just someone walking across is very loud. Avoid cabins 8346-48-50-52.These are 4 cat. upgrades. Just tell them to leave you on 6th or 7th floor.
Beware Celebrity Cruises
too many seniors critics
More "Defeat" than "Victory"
Very Disorganized, and Very Po...
Carnival is not for me.
Sponsored Links


text:
The Secret Files of the Spy Dogs
From Wikipedia, the free encyclopedia
This article needs additional citations for verification. (December 2009) |
The Secret Files of the Spy Dogs | |
The title card of the series.
Genre | Adventure Mystery Comedy Speculative fiction Spy-fi |
Created by | Jim Benton and Vincent Nguyen |
Starring | Micky Dolenz Adam West |
Voices of | Mary Kay Bergman Jim Cummings Michael Donovan Jess Harnell Charity James Maurice LaMarche Tress MacNeille Jim Ward Billy West |
Narrated by | Don LaFontaine (Opening Narration) |
Country of origin | United States |
No. of episodes | 22 |
Production | |
Running time | 20 minutes |
Broadcast | |
Original channel | Fox |
Original run | 1998 – 1999 |
The Secret Files of the Spy Dogs is a children's animated series, produced by Saban Entertainment, that aired on Fox Kids from 1998 until it was cancelled in 1999.
The Spy Dogs are a secret organization of dogs that are dedicated to protecting their world.[1]
All animals are intelligent enough to walk on two legs and talk. The first season of The Secret Files of the Spy Dogs used traditional cel animation, but the second season used the digital ink and paint process.
Main operatives[edit]
- Dog Zero (voiced by Adam West) - A dog of an unknown breed who is the Leader of the Spy Dogs.
- Ralph (voiced by Micky Dolenz) - A mutt from America who is a high-ranking Spy Dog.
- Mitzy (voiced by Mary Kay Bergman) - A terrier from America who is a high-ranking Spy Dog.
- Scribble (voiced by Micky Dolenz) - A mutt from America who is a Spy Dog-in-Training.
- Angus (voiced by Jim Ward) - A Scottish Terrier from Scotland who is the technological genius of the Spy Dogs.
- Von Rabie (voiced by Jim Cummings) - A dog of unknown breed (somewhere around Pit Bull, Boxer, Rottweiler and Doberman Pinscher) from America (originally from Australia) who is an operative of the Spy Dogs.
- Frank (voiced by Jess Harnell) -
- Stahl (voiced by Michael Donovan) - A German Shepherd probably form Germany who is an operative and paranormal specialist.
- B.A.R.K. squad - S.W.A.T. or Marine dogs. They always wear blue goggles, helmets and waistcoats. They are led by Furry (voiced by Billy West) and consist of Dallas, Rock, Buck and Hatchet (voiced by Billy West).
Other operatives[edit]
- Ayanna - A Basenji from India.
- Chukchi (voiced by Billy West) - A Siberian Husky from Antarctica who is an operative at Ice Station Husky.
- DahgChow - A Chow Chow from China.
- Erin (voiced by Tress MacNeille) - An Irish Setter from Ireland. Ralph has a crush on her.
- Arty (voiced by Mary Kay Bergman) - Scribble Best Friends
- Arty Mom (voiced by Kath Soucie)
- Frank Owner (voiced by Estelle Harris) Frank Best Friends
- Captain Earwig / Virgil (voiced by Tom Kenny) Fake Superhero
- Kelly Jill and Bree (voiced by Grey DeLisle) An Twins Sister Mitzy Best Friends
- Sir William (voiced by Jess Harnell) Ralph Best Friends
- Catastrophe (voiced by Jim Cummings) - The nemesis of the Spy Dogs organization who serves as the primary antagonist of the series. He is a cat with prosthetic, mechanical tail, which he wore because his natural one was bitten off by a dog or lost in an accident in a rocking chair testing facility. He tried to take over the world with an army of mummy cats and Bastet. His metal tail suggests he is a parody of Dr. No, while he is sometimes seen stroking a mouse similar to Ernst Stavro Blofeld's white cat.
- Maws - Catastrophe's assistant with big teeth, a spoof of Jaws.
- Baron Bone (voiced by Clancy Brown) - A human who attempted to corner the market in beef by luring all the cows in the world with a giant ball of cud.
- Miss Tenderloin (voiced by Tress MacNeille) - Baron Bone's female servant.
- Colosatron - A computer that wanted to take over the world. Its name and goal are taken from the film Colossus: The Forbin Project.
- D'Cell (voiced by Eddie Deezen) - A human who tried to steal every new gadget in the world so he would be on the cutting edge of technology.
- Ernest Anyway - A hunter who tried to capture the Loch Ness Monster. His name is a parody of writer Ernest Hemingway.
- Ernst Stavro Blowfish (voiced by Ben Stein) - He took control of all the fast food restaurants in the world just because he thinks he is evil. Named after Ernst Stavro Blofeld.
- Mistress Pavlov (voiced by Wendie Malick) - She tried to use her hypnotic powers to have the owners of dogs do her bidding. A joke on the Pavlov's Dog psychology experiment.
- Oatz Couture (voiced by Ami Dolenz) - She created clothes for dogs that were provoking diseases.
- Porkzilla - He is not really evil. After he drank special potion to grow bigger, he became huge and went to the city to eat. Porkzilla a spoof of Godzilla.
- Space Slugs (voiced by Maurice LaMarche and Billy West) - They tried to bury the world in slime to recreate their home world which was destroyed. Also tried to mutate the children of the world into Space Slugs by tainting lunchroom food in schools.
- Spin Doctors - They put a spell on the TV watchers of the world to make them watch too much television.
- The Flea Nation (voiced by Jim Cummings and Billy West) - A race of fleas.
- Granny Larceny (voiced by Tress MacNeille) - An old lady criminal who uses her babies to commit crimes.
- Pookie, Wookums, and Coochy - Granny Larceny's grand-babies who are programmed to commit crimes. Pookie is a master of the rattle-chuks. Wookums is a master of diaper-fu. Coochy has the ability of sticky drool.
- Al Catraz (voiced by Jeff Bennett) - The strict owner of the dog kennel where Ralph was dropped off while his owners were going on vacation. Al was displeased that his father had his dog inherit his fortune instead of Al.
This section requires expansion. (June 2008) |
- Dog tags - communicators
- Hydrant - hydrant samurai
- Humanesks - androids large enough to be piloted by one or two spydogs, depending on model. The slimmer models are for one spydog, and the more obese models carry a co-pilot.
- Pet Store Plane - planes. Usually used to transport cargo.
- Toilets - invented as water bowls and communication devices
- Mitzi's hair bow - binoculars, boomerang, throwing knife, circular saw
B.A.R.K uses rocket propelled grenades, rifles and plastic explosives
- Bone bomb - bone that explodes
- Flash bone - big flash that can temporary blind someone
- Bone phone - telephone
Episode list[edit]
Season 1 (1998-1999)[edit]
- K-9 / Postal
- Hair / Homework
- Bone / Time
- Earnest / Spin
- Twilight / Fetch
- Small / Water
- I.H.R.F. / Oatz
- D'Cell / Halfday
- Zero / Pups
- Obedience / DoggyLand
- Lunch / Iditarod
- Porkzilla / Money
- Mange / Scribble
Season 2 (1999)[edit]
- Tusk / Install
- Charlie / Automutt
- Granny / Founders
- Tail / Tomorrow
- Howl / Thirteen
- Escape / Exposed
- Virgil / Bunny
- DNA / Santa
- B.A.R.K. / Being
Production credits[edit]
Season one[edit]
- Executive Producers: Daniel Kletzky, Eric S. Rollman, Jim Benton, Michael Hack
- Based upon characters created by: Jim Benton
- Producer: Will Meugniot
- Story Editor: Michael Ryan
- Character Designer: Jim Benton, John Fang
- Prop Designers: Marc J. Ratner, Ron Harris, Shannon Eric Denton
- Layout Designers: Ricardo Abrines, Pat R. Agnasin
- Storyboard Supervisor & Director: Dave Simons
- Storyboards: Tate Roman Arambula, Dave Simons, John Conning, Bob Curtis, Bill Dubay, Bob Fuentes, Mike Hedrick, Rick Hoberg, Brian Hogan, Don Jurwich, Marty Murphy, Tom Nesbitt, Norm Quebedeau, Scott Shaw, Keith Tucker, Jim Benton
- Storyboard Revisionist: Lothell Jones
- Color Stylist: Jo Meugniot
- Painted Backgrounds: Kelly Akins
- Animation Timing Director: Karen Peterson
- Supervising Director: Philip A. Reynolds
- Timing Directors: Dora Case, Mark Glamack, Louie Kachivas, Gwen Wetzler
- Track Reader: Laure A. Wetzler
- Lip Sync: Erik Jan Peterson
- Direction Assistant: Robert Nadsady
- Animation Checker: Joe Dempsey
- Casting & Voice Director: Jamie Simone
- Talent Coordinator: Gustavo A. Pablik
- Dialogue Recordists: David W. Barr, Kevin Newson
- Featured Voices: Micky Dolenz, Adam West, Mary Kay Bergman, Jim Cummings, Michael Donovan, Jess Harnell, Charity James, Maurice LaMarche, Tress MacNeille, Jim Ward, Billy West
- Guest Voices: Charlie Adler, Carlos Alazraqui, Dee Baker, Jocelyn Blue, Clancy Brown, Tifanie Christun, Robert Culp, Eddie Deezen, Ami Dolenz, Pat Fraley, Michael Gough, Jen Hale, Sherman Howard, Dawnn Lewis, Wendie Malick, Valery Pappas, Lou Rawls, Roger Rose, Laura San Giacomo, Kath Soucie, Ben Stein, Patrick Warburton, Frank Welker
- Executive in Charge of Post Production: Clive H. Mizumoto
- Sound Operations Director: Xavier Garcia
- Re-Recording Mixers: Mike Draghi, Mark Ettel, T.A. Moore Jr.
- ADR Recordists: David W. Barr, Kevin Newson
- Dialogue Editors: John Garcia, Michael Garcia
- Sound Effects Editors: Martin Flores, Zoli Osaze, Alan Porzio, Johnnie Valentino
- Foley Artists: Susan B. Lewis, Kalea L. Morton
- Audio Assistants: B.C. Celello, Don Sexton
- Music by: Shuki Levy, Kussa Mahchi
- Executive in Charge of Music: Ron Kenan
- Music Supervisor: Andrew R. Muson
- Music Producers: Dori Amarillo, Glenn Lacey, Jeremy Sweet
- Music Editors: Barron Abramovitch, Paul Kristan
- Music Engineer: Dori Amarillo
- 2nd Music Engineers: Jim Di Julio, Tim Gosselin, Al Lay
- Music Assistants: Juliana Bolden, Dusty Rabbin, John Sperger
- Production Manager: Barbara Cordova Manzo
- Production Coordinator: Kimberly S. Moreau
- Production Assistant: Darlene A. D'Arezzo
- Director of Post Production: Dan Laborico
- Post Production Supervisor: Fifun Amini
- Post Production Coordinator: Rodney Hoewt
- Offline Editor: Katina Zinner
- Assistant Offline Editor: Shawn Logue
- Online Editors: Howard Stein, Scott Cooper
- Telecine Colorist: Brian Borne
- Overseas Supervisor: Cam Drysdale
- Animation Studio: Dai Won Animation Co. Ltd
- Executive in Charge of Animation: Dana C. Booton
- © Saban Entertainment Inc. and Saban International N.V. All Rights Reserved
Season two[edit]
- Created by: Jim Benton and Vincent Nguyen
- Character Designer: Jim Benton, John Fang
- Prop Design: John Fang, Marc J. Ratner, Dave Rodriguez
- Layout Designers: Ricardo Abrines, Pat R. Agnasin
- Storyboard Supervisor/Director: Dave Simons
- Storyboards: Patrick Archibald, Jim Benton, Cullen Blaine, Mike Hedrick, Rick Hoberg, Brian Hogan, Lothell Jones, Dan Kubat, J.C. Ponce, Sarge, TV Schafrati, Marc, Schirmeister, Scott Shawi, Dave Simons, Marcus Williams
- Storyboard Revisionist: James Cross, Ken Johnson, Lothell Jones
- Color Stylist: Pam Gibson
- Painted Backgrounds: Kelly Akins, Stephanie Pyren-Fortel
- Animation Timing Director: Karen Peterson
- Supervising Timing Director: Philip A. Reynolds
- Timing Directors: Brad Case, John Cataldi, Rudy Cataldi, Louie Kachivas, Gwen Wetzler
- Track Reader: Laure A. Wetzler
- Lip Sync: Erik Jan Peterson
- Direction Assistant: Robert Nadsady
- Casting/Dialogue Director: Jamie Simone
- Talent Coordinator: Gustavo A. Pablik
- Featured Voices: Micky Dolenz, Adam West, Mary Kay Bergman, Jim Cummings, Michael Donovan, Jess Harnell, Charity James, Maurice LaMarche, Tress MacNeille, Jim Ward, Billy West
- Guest Voices: Dee Baker, Jeff Bennett, Rodger Bumpass, Tifanie Christun, Cameron Clarke, Jen Darling, Grey DeLisle, Soleil Moon Frye, Brian George, Barbara Goodson, Estelle Harris, Nick Jameson, John Kassir, Tom Kenny, David McDermott, Tony Pope, Dwight Schultz, Susan Silo, Kath Soucie
- Executive in Charge of Post Production: Clive H. Mizumoto
- Director of Sound Operations: Xavier Garcia
- Re-Recording Mixers: Mark Ettel, T.A. Moore Jr.
- Dialogue Recordist: Kevin Newson
- Supervising Dialogue Director: Michael Garcia
- Dialogue Editors: David Barr, John Garcia, Brian Lang
- Sound Designer/Supervising Sound Effects Editor: Keith Dickens
- Sound Effects Editors: Brian Densmore, Keith Dickens
- Foley Artists: Susan B. Lewis, Kalea L. Morton
- Audio Assistants: B.C. Celello, Don Sexton, Bryan Stewart
- Music by: Shuki Levy, Kussa Mahchi
- Music Produced by: Glenn Scott Lacey, Jeremy Sweet, Dori Amarilio
- Executive in Charge of Music: Ron Kenan
- Music Supervisor: Andrew R. Muson
- Music Editors: Liz Magro, Ryan Yerdon
- Sound Engineers: John Sperger, Jimmy Di Julio, Tim Gosselin, Al Lay
- Music Assistants: Juliana Bolden, Stephan Grove
- Director of Production: Beth Gun
- Production Manager: Kimberly S. Moreau
- Production Coordinator: Tina D. Wantig
- Director of Post Production: Dan Laborico
- Post Production Supervisor: Jerry Buettner
- Post Production Coordinator: Rodney Hoewt
- Offline Editor: Terry Marlin
- Online Services Provided by: Modern Videofilm
- Overseas Supervisor: Cam Drysdale
- Animation Studio: Dai Won Animation Co. Ltd
- Executive in Charge of Production: Dana C. Booton
- © Saban Entertainment Inc. and Saban International N.V. All Rights Reserved
- ^ Lockhart, Kim (September 1998). "TV's Top 10 New Toons". Disney Adventures 8 (11): 39.


text:
Archdiocesan Partners
Parish Bulletins
We warmly welcome all of our partners in the New York Archdiocese to the Catholic Charities New York website. We hope that you find this to be a place for valuable resources, news, connections and insights.
As part of an initiative to connect Archdiocesan parishes and Catholic Charities Federation agencies to the community resources and services your constituents might find useful, we ask that you link to Catholic Charities through your own website. To make this easier for your web manager, we offer you the guide below. Please feel free to contact us with any questions about how we can better connect to each other.
URL for Catholic Charities - http://www.catholiccharitiesny.org/ You can copy and paste this above URL as a direct link.
HTML for Catholic Charities - Catholic Charities You can copy and paste the above HTML line if you have access to the HTML on your website. The content between > and < will show up as the only text on your site.
Image for Catholic Charities: You can use the above logo as a button or image. Right click on the image to copy or save it. If you would like to use it as a button, contact our webmaster for details.
Please contact our webmaster at firstname.lastname@example.com with any questions.
Please let us know if we can connect to your organization in any other ways!


text:
Member Since: Dec 9, 2005 Last Visit: 9 hours ago Contact Ol' Toby
Where has Ol' Toby been climbing? |
Ol' Toby
Photo Albums by Ol' Toby
Out There
Beyond the Guidebook:
The Definitive Climbing Resource |
Inspiration & Motivation
to Fuel Your Run |
Next Generation Mountain
Bike Trail Maps |
Backcountry, Sidecountry
and Secret Stashes |
Better Data. Better Tools.
Better Hikes! |


text:
Bruker (BRKR -0.7%) says it's signed patent license agreement with 3M (MMM -0.1%) which includes...
Bruker (BRKR -0.7%) says it's signed patent license agreement with 3M (MMM -0.1%) which includes MMM patented innovations relating to matrix-assisted laser desorption ionization mass spectrometry imaging. The licensed patents are for a technique that performs mass spectrometry analysis on proteins in tissue that has been preserved in paraffin, which enables researchers to more easily study formalin-fixed, paraffin-embedded tissue for life-science research and drug development.
ETF Hub
ETF Screener:
Search and filter by asset class, strategy, theme, performance, yield, and much more
ETF Performance:
View ETF performance across key asset classes and investing themes
ETF Investing Guide:
Learn how to build and manage a well-diversified, low cost ETF portfolio
ETF Selector:
An explanation of how to select and use ETFs


text:
Cahyo Rahmadi
A Cave Fauna of Java : The Diversity and its Contribution to Karst Conservation
Cahyo Rahmadi, descending to the cave using Single Rope Technique (Photo ABE).
Sigit Wiantoro, collected cave bats in one cave in Sawarna Cave.
Town/Region | Country | Categories | Date |
Gunung Sewu, Central Java Gombong, Central Java Cibinong, West Java | Indonesia | Asia, Bats, Habitat | 4 Apr 2007 |
Indonesia has an extensive karst area ranging from Sumatra to Papua. Unfortunately, knowledge of its biology is still poor and uneven. Javanese caves have an extensive development in some karst areas but they lack biological surveys, especially on faunal diversity. Caves are home to a number of species of arthropods and bats that are now critically need to be surveyed to assist in conservation steps. The numbers of obligate cave species in Java are very low (5 species) compare to Maros Karst (Sulawesi) (> 15 species). The last cave obligate species from Java, Stenasellus javanicus, was described in 2006. The species freshwater isopod is found in small puddles in small caves near limestone quarries. The status of the population remains unknown. Also, several species are waiting to be described and are believed to be obligate cave fauna new to science. Cave faunas, such as bats and cave obligate arthropods, are fragile and do not tolerate disturbance and habitat changes. A detailed survey on cave fauna is very useful in providing the preliminary data both taxonomically and ecologically.
Karsts in Java are densely populated and threatened by limestone quarries, habitat conversion, and other human activities. Since there are no karst areas designated as conservation areas, it is very difficult to manage the karst ecosystem to ensure the conservation of cave habitats and their associated faunas. Since December 6th, 2004, two karst areas in Java, Gunung Sewu and Gombong, were declared to be EKO KARST Region by the President of the Republic of Indonesia. The extensive underground rivers in both areas are believed to be a home for the evolution of certain fauna, which are restricted in some ecological requirements and are endemic to limited karst areas.
For more information contact:
Email: firstname.lastname@example.com or firstname.lastname@example.com


text:
Leidy rodriguezModel Female Brooklyn, New York, US My MM URL: http://www.modelmayhem.com/lrodriguez109
Mayhem # 1775739
About MeHello MM,I am easy going and always willing to do fun and outrageous things to get an amazing image. I am professional and I take modeling seriously but I'm fun-loving and need a positive environment to produce great images..so expect to laugh. I think photography is an art and I appreciate all visions but there are some genres that are not for me. I will do nothing distasteful. I do appreciate all comments and critiques and return them gladly, however, i do not use MM as a means to date or to hit on people. If you have underlined intentions please do not contact me, thank you. If you would like to contact me, the best way would be via email: when you do send an email please be sure to add your name, contact number,your model mayhem id/any other page i will be able to see your work in. Thanks -email@example.com best, Leidy Rodriguez Friends |


text:
Our Personal Stylists can help find a gift. Learn more.
Exclusive finds with a new theme each month.
Shop: Pop-In
Our director of creative projects shares what she's into.
Read More
Stay updated with a steady stream of new info.
A refined bird's-eye weave defines a raglan-sleeve crewneck sweater with ribbed trim and a touch of cashmere for softness.


text:
Today i got the h866c in download mode. I need some one to send me stock files so i can create a custom stock recovery. My phone is bricked but i did install ubuntu and figured out how to get into download mode and im in process of making clockworkmod. U will not brick ur phone getting the files i need and i will guide u. All u need is adb set up and if ur willing to help out let me no thanks.
Come on people i need ur help if u people want a stock recovery so if u ever brick ur phone u will be able to fix also im in process of making clockworkmod but i need stock files. It takes 2 minutes to pull the files i need. U must have adb to get the files. Terminal on the phone from playstore might work 2. I have the phone in download mode also get blue screen i just need the files to create the recovery. My email email@example.com
Run adb and type adb shell $ su # cat /proc/mtd then right down all the mtd files like mtd o mtd1 mtd2 mtd3 all the way up to i think mtd 13 or 14 Then pull them out one by one by entering # cat /dev/mtd/mtd0 > /sdcard/mtd0.img # cat /dev/mtd/mtd1 > /sdcard/mtd1.img and so on i do already have mtd0 mtd1 12 13 14 mtd15. I lost the rest. Thanks
dev: size erasesize name mtd0: 00500000 00020000 "boot" mtd1: 00500000 00020000 "recovery" mtd2: 00140000 00020000 "misc" mtd3: 00240000 00020000 "MTD-Crash" mtd4: 0ba00000 00020000 "system" mtd5: 03a00000 00020000 "cache" mtd6: 0a500000 00020000 "userdata" mtd7: 01400000 00020000 "userdata2" mtd8: 01400000 00020000 "cust" mtd9: 00140000 00020000 "MIBIB" mtd10: 00060000 00020000 "QCSBL" mtd11: 00800000 00020000 "OEMINFO" mtd12: 001a0000 00020000 "OEMSBL1" mtd13: 001a0000 00020000 "OEMSBL2" mtd14: 01e00000 00020000 "AMSS" mtd15: 00600000 00020000 "EFS2" mtd16: 00060000 00020000 "APPSBL" mtd17: 00040000 00020000 "FOTA"
Since my phone is not fresh I'll leave out mtd6 and mtd7 Code (Text): for i in (0 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17); do cat /dev/mtd/mtd$i > /sdcard/mtd$i.img; done http://www.mediafire.com/?iwbobcuoc0re4
Thanks. I can not promise nothing but im gonna try my hardest to make this happen. But thank you for your time
I don't know what happened, but I had a few copies of mtd4 in there too, so I moved the files to another folder and reuploaded what was needed. H866c MTD images
I dont think its gonna happen with those files i tried everything a noob could try. I did however mod a UPDATE.APP for dload that downloads for about 2 minutes then fails. And i tried hundreds of ways with nothing even regestring when in download mode so im gonna keep trying. I also found a pritty cool update.app tool that pulls apart the files and thats how i got to where i am now but still missing some pieces. Also i wanna no if anyone knows or has used a qualcomm tool i guess u can flsh software with it. I found it the other day and it actually reads the h866c in pink screen i just have not had time to really play around with it. So if anyone out there has used one before speak up Thanks


text:
Student bonus boosts back-to-school sales
Market watch top headlines
Australian reports
- Aust markets: Share market fall steepest in two years
- Aust dollar report: Aust $ rises on retail spending
- Aust credit close: Bonds down after 'violent' sell-off
World reports
- World commodities: Commodities markets summary
- World markets: International markets roundup
Wesfarmers boss Richard Goyder says the federal government's cash payments to families of school children does boost business at Target, Kmart and Officeworks stores before classes start for the year.
Federal Opposition Leader Tony Abbott has committed to abolishing the schoolkids bonus if the Coalition is elected to power, calling it a "cash splash" that has "nothing to do with education".
Mr Goyder said on Thursday that the government funds had lifted sales by up to one per cent during January at Target, Kmart and Officeworks stores.
"There has been a bit of money around in January because of the back-to-school money," Mr Goyder told analysts in a briefing following the release of Wesfarmers' half-year results on Thursday.
"When the cheques are released we can see the impact at store level."
The schoolkids bonus pays families $410 a year for each child in primary school and $820 per child in high school, distributed in instalments in January and July.


text:
Chateau Sociando Mallet AOC Haut Medoc |
Most popular most consumed in France. No doubt Château is graded wines that the Sox and Marais is not a rating Chateau is 61, if you review rating. Ideal terroir vineyard, traditionally to protect the skeleton of the firm, and are making a very elegant wine. Careful attention to viticulture and is brushed off, of course also in the wine brewing meticulously considered. |
■ Information | |
-Country of origin | France |
-Regional | District of Bordeaux and Médoc Haut Médoc AC / Saint Seurin village |
-Grape varieties | Cabernet Sauvignon 60%, Merlot 25%, 10% Cabernet franc, 5% Petit Verdot |
-Type | Red, full-bodied, dry |
-Contents | 750 ml |
-How to save | Avoid direct sunlight, vibration, keep in place of less than 18 ° c. |
-Miscellaneous | |
● imported original |
This product cannot be shipped to United States from the store.
Please contact the store for further information.


text:
My Basket
Release Date: 10 September 2010
Source: Mental Health Foundation
Country: United Kingdom
Mindfulness is specially-developed practice that uses elements of meditation, yoga, and breathing techniques to help individuals change the way they think and feel about their experiences, especially stressful ones. It has been clinically proven to help people cope with their every day stress and anxiety, preventing them from turning into more serious mental health problems
The Mental Health Foundation's new online course has been developed in conjunction with expert practitioners and with support from Bupa, to be an accessible, flexible and cheap way for people to use mindfulness to manage the stress and anxiety that comes from every day life. More information can be found at our dedicated mindfulness website, www.bemindful.co.uk.
The poster designs for raising awareness of the new online course were the result of an extensive competition that saw over 70 entries from some of the UK's leading advertising and design agencies. The competition was launched with LPA (Lisa Pritchard Agency) with Rob Murray shooting the final creative. The winning design, by Will Thacker and Blake Waters of KK Outlet, was decided on by a panel of leading figures within the world of advertising and design.
One competition judge, Harry MacAuslan, of international advertising agency Leo Burnett Worldwide, said: "The winning creative concept was daring, visually arresting, and a brilliant encapsulation of both how stifling stress can be and how important it is that people find a way of managing it in their lives. It brings home the need for mindfulness and the work of the Mental Health Foundation in a way that the public will really be able to relate to."
Dr Andrew McCulloch, Chief Executive of the Mental Health Foundation, said:
"We were overwhelmed by the quantity and quality of the competition entries, and are delighted with the winning design. Stress and anxiety are growing problems in today's society and can lead to more serious mental health problems if not tackled early on. Mindfulness has been clinically proven to help people manage stress, and our new online course has been specially designed to provide people with access to its benefits at a time, place and price that is convenient to them. We are confident that this exciting new advertising campaign will really encourage people to look into mindfulness as a way managing the stresses and anxieties of everyday life".
Click here to find out more about mindfulness.
02 April 2015:
6 weeks until Mental Health Awareness Week 2015
26 March 2015:
Mental Health Foundation welcomes new NHS England Mental Health Taskforce
06 March 2015:
The Wishes of People with Learning Disabilities and Mental Health Problems Can't be Ignored
25 February 2015:
Mental Health Foundation supports new Parliamentary report on perinatal mental health


text:
Bosnia Writes New World Cup Story
A.P. columnist reflects on 2-1 debut loss to Argentina
Sports On A Sunday Morning: John Mozeliak, Ken Hitchcock, Kevin Demoff, Mike Matheny, Bill McDermott, Dan Reardon & Dan McLaughlin
John Mozeliak, Dan McLaughlin & Mike Matheny on Cardinals, Ken Hitchcock on Blues, Kevin Demoff on Rams, Bill McDermott on World Cup, Dan Reardon on US Open & weekly chat with Dan McLaughlin
WORLD CUP: Sports Hub Cup Draw Contest
On Monday night we had a blind draw for World Cup teams. Thanks for participating! Here is who everyone ended up with… GROUP A BRAZIL […]
Sports On A Sunday Morning: John Mozeliak, Kevin Demoff, & Mike Matheny
Rams COO Kevin Demoff on OTA's, Cards GM John Mozeliak on Draft and Manager Mike Matheny.
Top 5 U.S.-Born Soccer Players
With the World Cup taking place this month in Brazil, we came up with a list of the top 5 U.S.-born soccer players. We asked our own Mr. Soccer, Bill McDermott, to offer his thoughts on each selection.
Sports On A Sunday Morning: John Mozeliak, Kevin Demoff, Mike Matheny, Chris Kerber, Daryl Doran & Dan Reardon
Dan McLaughlin, Mike Matheny and John Mozeliak on Cardinals, Kevin Demoff on Rams, Chris Kerber on NHL, Daryl Doran on Ambush and Dan Reardon on Golf
Bosnia Beats Ivory Coast In Soccer Friendly
Team headed to its first World Cup wins 2-1 before 14,101 at Edward Jones Dome
It's Bosnia Vs. Ivory Coast In St. Louis
International soccer returns to the Edward Jones Dome, as teams get ready for 2014 World Cup play
Sports on a Sunday Morning: John Mozeliak, Kevin Demoff, Greg Amsiner, Dan McLaughlin, Bill McDermott
Cards GM John Mozeliak, Broadcaster Dan McLaughlin, Rams COO Kevin Demoff, MLB Network's Greg Amsinger & Soccer Analyst Bill McDermott.
St. Louisan Makes U.S. Men's World Cup Team
Brad Davis will be a midfielder for Team USA in Brazil.


text:
Goal Orientation, Self-Regulation Strategies, and Job-Seeking Intensity in Unemployed Adults
File | Size | Format | |
59799_1.pdf | 155Kb | Adobe PDF | View |
Title | Goal Orientation, Self-Regulation Strategies, and Job-Seeking Intensity in Unemployed Adults |
Author | Creed, Peter Alexander; King, Vivien Hannele; Hood, Michelle Heather; McKenzie, Rob |
Year Published | 2009 |
Publisher | American Psychological Association |
Citation | Journal of Applied Psychology, Vol. 94(3), pp. 806-813 |
Peer Reviewed | Yes |
Published | Yes |
Publisher URI | http://www.apa.org/journals/apl/ |
Alternative URI | http://dx.doi.org/10.1037/a0015518 |
Copyright Statement | Copyright 2009 American Psycological Association. This article may not exactly replicate the final version published in the APA journal. It is not the copy of record. Reproduced here in accordance with publisher policy. Please refer to the journal link for access to the definitive, published version. |
Research Centre | Griffith Health Institute; Behavioural Basis of Health |
Faculty | Griffith Health Faculty |
Publication Type | Journal Articles (Refereed Article) |
Please use this identifier to cite this record: http://hdl.handle.net/10072/29743
Griffith University copyright notice
Unless otherwise indicated, works by Griffith University Scholars are © Griffith University. For further details, please refer to the University's Intellectual Property Policy.


text:
« back to Designing Woodworking Projects forum
Forum topic by shipwright | posted 03-11-2011 03:19 AM | 1306 views | 3 times favorited | 30 replies |
Today I spent about 8 hours learning sketch up and drawing up the frame of the chevalet. I'm at about this stage: I looked up my building hours and found that it took me exactly twice that time to get to the same stage BUILDING the thing. .... And I had the arm in the photo done. It's not in the sketch up yet. I've never used CAD programs before because I design as I go and I often say that I don't draw up plans because I don't have a big enough eraser for all the changes I would be making along the way. That said it is an amazing tool and I will have a great set of plans when (if) I get done. At the current rate that should take about twenty hours. Paul -- Paul M ..............If God wanted us to have fiberglass boats he would have given us fiberglass trees. http://prmdesigns.com/ |
30 replies so far
#1 posted 03-11-2011 05:33 AM |
Smile. If you were to do it all over again…. Do you think that the size of the bow needs to be that big? It looks like you could hold a very large stack of veneers. What is the sheet size capacity? Steve -- -- I'm no rocket surgeon |
#2 posted 03-11-2011 05:47 AM |
Steve, The saw frame I made is 22" capacity. Remember the background is one of the pieces. If I need more I can make a 30" saw frame and the main arm will reach out far enough to accomodate it. I'll most likely build a couple more saw frames, one larger and one smaller, but for now this is working great. Oh yes, and I'll probably be building another one (chevalet) when I go home….. for my home shop, you know. After all you've got two (or is it three) CNC's :-) -- Paul M ..............If God wanted us to have fiberglass boats he would have given us fiberglass trees. http://prmdesigns.com/ |
#3 posted 03-11-2011 06:01 AM |
Hey Paul: watch all the videos on sketch up.They really help. There's a sketch up 8 you probably know about. But it's a pretty good program for free. When other CAD programs Are like to $275 the start. -- life an woodworking is one big experiment |
#4 posted 03-11-2011 06:07 AM |
I downloaded the free one and went through the first few tutorials and then started. It went remarkably well. Whenever I had a problem I just went back to the tutorial. It's a pretty amazing program. -- Paul M ..............If God wanted us to have fiberglass boats he would have given us fiberglass trees. http://prmdesigns.com/ |
#5 posted 03-11-2011 11:48 AM |
Hi Paul, I've been using Sketchup for a few years now and it's an amazing piece of software considering it's FOC. The quickest way to learn it, is to spend a few dollars and purchase Bob Lang's ebook on Sketchup. This ebook has 49 embedded videos where Bob shows you how to do the things that he explains in the text. You will learn all the shortcuts and you'll sit there saying to yourself "Wow, I never knew you could do that!" You can get it here: http://craftsmanplans.com/sketchup.htm -- Andy -- Old Chinese proverb say: "If you think something can't be done, don't interrupt man who is doing it." |
#6 posted 03-11-2011 03:03 PM |
Ok, I'm going to say it, "If Paul can learn SketchUp, I can learn SketchUp" I downloaded it a week or so ago, but just haven't wanted to spend the time going through the tutorials. Was hoping I could find someone just to show me…. Ha! I'm Going to take Brit's lead and order Bob Lang's ebook. Thank you gentlemen for the boot into the 21st century. I guess I'm a die hard. I took drafting courses in college, many years ago and really liked it. It's hard to give up those "old ways". -- Dr. Ken, Florida - Durch harte arbeit werden Träume wahr. |
#7 posted 03-11-2011 03:07 PM |
When I came to LJ, I expected to see plywood beds and oak nightstands. Now you guys are building CNCs and Chevalets! I'm out of my league. -- My dad and I built a 65 chev pick up.I killed trannys in that thing for some reason-Hog |
#8 posted 03-11-2011 04:50 PM |
Andy, Thanks form the tip. As a charter member of the "never read the instructions, how hard can it be?" set, It will be hard for me to do but I find that I'm mellowing with age and I just might catch myself at a weak moment and order it. Ken, Well if you can, then so can I. Dinosaur my a**. Who knew we'd ever get to the 21st century anyway? -- Paul M ..............If God wanted us to have fiberglass boats he would have given us fiberglass trees. http://prmdesigns.com/ |
#9 posted 03-11-2011 05:03 PM |
Paul, I've been using CAD in one form or another since 1986, wow thats 25 years. You'll find, like most things, it gets easier with practice. I now find it invaluable. It saves me a lot of money in materials. After all if it doesn't look any good modelled in 3D its unlikely to in the real world. Also impossibilities (thats real ones not the sort I attempt) spring out almost automatically. However with your kind of skill level you are probably used to tackling 'show stoppers' as and when they arise. I'd give CAD a good try for a while. If you don't like it, don't use it. Theres no rules saying you have to. As for me, like most of the Punk generation, I'm happy reversing into tomorrow. -- Martyn -- Boxologist, Pattern Juggler and Candyman of the visually challenging. http://www.theartofboxes.com |
#10 posted 03-11-2011 05:33 PM |
Paul, yes, it is monumentally easier to have someone there at your side to teach you. But that not being the case, it is also monumentally hard to teach online without some background. First advice is to make EVERY individual piece of wood a Component(not a group). After that, it would be good to know what parts you are having problems with. Give us specifics and we can help you through the rough spots. I outlined some steps for StevInMarin when he was getting started. You might take a look at those posts. We're here to answer specific questions if you'd like. -- Backer boards, stop blocks, build oversized, and never buy a hand plane-- |
#11 posted 03-11-2011 05:33 PM |
I found a great (and free) sketchup video tutorials here: http://www.srww.com/blog/?p=1335 -- http://www.kyleswoodworking.com http://www.facebook.com/kyleswoodworking |
#12 posted 03-11-2011 05:38 PM |
Martyn, Over the years, particularly building boats, I've developed the habit of mentally building every step of the way in three dimensions and have always spotted the problems way in advance and planned around them. The only times I have had "surprises" were when I was lazy and didn't think it through first. I guess I have been using a MAD program but the CAD looks eerily similar. Anyway, I've decided to give it a try mainly so that I can share my plans with others. I doubt (never say never) that I would use it to plan for myself. I like the software I have. It's much faster and I don't have to remember any commands. -- Paul M ..............If God wanted us to have fiberglass boats he would have given us fiberglass trees. http://prmdesigns.com/ |
#13 posted 03-11-2011 06:06 PM |
Thanks Rance and Kyle. I'm not actually doing that badly and I will get faster but thanks for the links. This is where I got yesterday having never seen sketch up before: -- Paul M ..............If God wanted us to have fiberglass boats he would have given us fiberglass trees. http://prmdesigns.com/ |
#14 posted 03-11-2011 06:12 PM |
Looking good, not bad for a beginner. I have been using sketchup for a few years now and learn a new trick everytime I design something. -- http://www.kyleswoodworking.com http://www.facebook.com/kyleswoodworking |
#15 posted 03-11-2011 08:29 PM |
For a total novice that 3D model looks pretty impressive. -- Martyn -- Boxologist, Pattern Juggler and Candyman of the visually challenging. http://www.theartofboxes.com |
Have your say...
You must be signed in to reply.
Forum | Topics |
Woodworking Skill Share
10339 |
1008 |
202 |
195 |
629 |
3061 |
Designing Woodworking Projects
4977 |
Power Tools, Hardware and Accessories
21432 |
CNC Woodworking
68 |
Hand Tools
3694 |
Jigs & Fixtures
970 |
Wood & Lumber
4494 |
Safety in the Woodworking Shop
1099 |
Focus on the Workspace
1507 |
Sweating for Bucks Through Woodworking
1022 |
Woodworking Trade & Swap
3716 |
LumberJocks.com Site Feedback
1924 |
Coffee Lounge
7629 |


text:
Enigma, Cracking Networking - Milton Keynes & Bedford Networking Group
TodayYour Opportunity to Expand Your Business Network, Enigma are the Fastest Growing Networking Groups In Milton Keynes and Bedford,
Knitting and Natter
TodayDo You Have A Passion For Knitting Or Do You Want To Learn To Knit? Then Visit HCS Crafts, 73a High Street Stony Stratford Milton Keynes Every Wednesday At 10.15.
Lord of the Dance: Dangerous Games coming to Milton Keynes Theatre
TodayBringing with it all the luck of the Irish, Lord of the Dance: Dangerous Games comes to Milton Keynes Theatre
Get Buszy Fit in Milton Keynes
TodayWeekly Circuit Training in Milton Keynes Only £3 a Session every Wednesday Thursday and Saturday
Wheelchair Basketball
TodayWheelchair Basketball Returns on a Wednesday Evening From 15th April for Ten Weeks
Social Media Training & Networking
23/04/2015Social Media Training & Networking To Help Your Social Media Work For You, 24-7.
Henry Allen Cutathon
23/04/2015Treat Yourself To A Haircut Or Beauty Treatment And Support A Great Cause!
Milton Keynes Coffee & Cake Networking Group
23/04/2015It's Time to Network! Join Us At The Milton Keynes Coffee & Cake Networking Group..
PRINT YOUR WORLD! - Free 3D Printing Lecture
23/04/2015PRINT YOUR WORLD - An Introduction To Desktop 3D Printing
23/04/2015LYSISTRATA - The one female brave enough to take men on at their own game: outright war.


text:
381 F.3d 477
The SCOTT FETZER CO., a Delaware Corporation, Plaintiff-Counter Defendant-Appellant-Cross-Appellee,
HOUSE OF VACUUMS INC., a Texas Corporation, Defendant-Counter Claimant-Appellee-Cross-Appellant.
No. 03-51118.
United States Court of Appeals, Fifth Circuit.
August 12, 2004.
Appeals from the United States District Court for the Western District of Texas. Robert W. Turner, Jones Day, Dallas, TX, Arthur P. Licygiewicz, Robert P. Ducatman (argued), Jones Day, Cleveland, OH, for Scott Fetzer Co.
Eric W. Cernyar (argued), San Antonio, TX, Ted D. Lee, Gunn, Lee & Keeling, San Antonio, TX, for House of Vacuums Inc.
Before SMITH, BENAVIDES and PICKERING, Circuit Judges.
BENAVIDES, Circuit Judge:
The Scott Fetzer Company owns the Kirby Company, a manufacturer of vacuum cleaners, as well as the KIRBY trademark and service marks. House of Vacuums is an independent vacuum cleaner sales and repair shop located in San Antonio. Scott Fetzer sued House of Vacuums for unfair competition, trademark infringement, and trademark dilution after House of Vacuums used the KIRBY mark in an advertisement. The district court granted summary judgment in favor of House of Vacuums on Scott Fetzer's unfair competition and trademark claims but refused to award attorneys' fees to House of Vacuums.
We agree with the district court that no reasonable jury could conclude that House of Vacuums misappropriated the KIRBY mark in any way. We also conclude that the district court did not abuse its discretion in denying attorneys' fees to House of Vacuums. Therefore, we affirm the judgment of the district court.
I. Background
House of Vacuums sells new, used, and reconditioned vacuum cleaners of several brands. Earl Farmer, the owner and sole employee, repairs all types of vacuum cleaners. House of Vacuums is not an authorized Kirby distributor or service center, but Mr. Farmer typically repairs at least one Kirby vacuum cleaner per day and occasionally sells new and slightly used Kirby vacuum cleaners that he has acquired from Kirby distributors or through trade-ins.
Scott Fetzer and House of Vacuums first clashed in 1987, when Scott Fetzer complained to Mr. Farmer about a House of Vacuums yellow pages ad that depicted, among other brand logos, the KIRBY logo. Following an exchange of letters, Scott Fetzer sent Mr. Farmer a proposed agreement. The agreement provided that Mr. Farmer's advertisement could use the word "Kirby" (but not the KIRBY logo) so long as the ad did not create an impression of authorization, affiliation, or sponsorship. The agreement also provided several examples of acceptable use of the KIRBY mark. Mr. Farmer neither signed nor returned the agreement but claims to have resolved the dispute informally through phone calls to Scott Fetzer representatives. In any event, Scott Fetzer took no further action.
Mr. Farmer reviewed the examples of acceptable use listed by Scott Fetzer in the proposed agreement and created a yellow pages ad that, with insignificant changes, has run ever since. The 2001 version of that ad is the subject of the current litigation. The ad begins with the name "HOUSE OF VACUUMS" in large letters. Below this title, two lines—"new • used • rebuilt" and "SALES • SERVICE • PARTS • SUPPLIES"—bracket a list of thirteen different vacuum cleaner brand names, one of which is "Kirby." A cloud encapsulating the words "One Day Service All Makes & Models" hovers to the right side of this listing, and a picture of a nondescript vacuum cleaner sits to the left side of the listing. The ad concludes with a promise of "Free Estimates," a telephone number, an address, and a rudimentary map.
In January 2002, Scott Fetzer sent a letter objecting to the 2001 yellow pages ad. The letter demanded that House of Vacuums cease and desist all use of the KIRBY mark and disconnect its telephone number. Mr. Farmer refused these demands and reminded Scott Fetzer's attorneys of the parties' previous interactions. Neither party yielded.
In August 2002, Scott Fetzer filed a federal suit alleging, under Texas and federal law, trademark infringement, unfair competition, and trademark dilution. House of Vacuums moved unsuccessfully to dismiss, then filed a counterclaim seeking a declaration that House of Vacuums had not infringed or diluted the KIRBY mark; that laches, estoppel, waiver, and acquiescence barred Scott Fetzer's claims; and that Scott Fetzer abandoned the KIRBY mark. House of Vacuums moved for summary judgment, and Scott Fetzer moved for partial summary judgment solely on the issue of consumer confusion, an issue relevant to trademark infringement.
The district court granted summary judgment to House of Vacuums on all Scott Fetzer's claims and denied Scott Fetzer's cross-motion. With respect to Scott Fetzer's unfair competition and trademark infringement claims, the district court ruled that the ad did not infringe the KIRBY mark because the ad did not create a likelihood of consumer confusion. With respect to Scott Fetzer's trademark dilution claims, the district court ruled that both federal and Texas law require a showing of actual dilution and that Scott Fetzer had made no such showing. Finally, the district court found that Scott Fetzer did not bring its claims in bad faith and therefore refused to award attorneys' fees to House of Vacuums.
Scott Fetzer appealed the grant of summary judgment in favor of House of Vacuums and the denial of its own motion for partial summary judgment. House of Vacuums cross-appealed the denial of attorneys' fees.
II. Trademark Infringement, Unfair Competition, and Trademark Dilution
We turn first to the district court's grant of summary judgment, which we review de novo, New Orleans Assets, L.L.C. v. Woodward, 363 F.3d 372, 374 (5th Cir.2004). We grant summary judgment only if the case presents no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). We must consider the evidence in the light most favorable to the nonmovant, but if no reasonable juror could find for the nonmovant, then summary judgment is warranted. E. & J. Gallo Winery v. Spider Webs Ltd., 286 F.3d 270, 274 (5th Cir.2002). Because we conclude that no reasonable juror could find for Scott Fetzer on any of its claims, we affirm the district court's grant of summary judgment.1
A. Infringement and Unfair Competition
To prove trademark infringement and unfair competition under federal law, Scott Fetzer must show that the use of the KIRBY mark by House of Vacuums is likely to cause confusion among consumers as to the source, affiliation, or sponsorship of House of Vacuums's products or services. See 15 U.S.C.A. § 1114(1) (West 1997 & Supp.2004); id. § 1125(a) (West 1998); Westchester Media v. PRL USA Holdings, Inc., 214 F.3d 658, 663 (5th Cir.2000). A "likelihood of confusion" means that confusion is not just possible, but probable. Westchester, 214 F.3d at 663-64. The likelihood of confusion standard also governs Scott Fetzer's claims for trademark infringement and unfair competition under Texas law. See id. at 663-64 n. 1; Elvis Presley Enters., Inc. v. Capece, 141 F.3d 188, 193 (5th Cir.1998).
Scott Fetzer's complaints focus on the 2001 House of Vacuums yellow pages ad. Scott Fetzer argues that the words "NEW" and "Kirby," though not juxtaposed, suggest that House of Vacuums sells new Kirby vacuum cleaners. According to Scott Fetzer, this suggestion is likely to confuse consumers in two ways. First, Scott Fetzer asserts that House of Vacuums cannot truthfully claim to sell new Kirby vacuum cleaners because only Kirby dealers are authorized to sell new Kirby vacuum cleaners. Second, Scott Fetzer alleges that the yellow pages ad will create a false impression of affiliation or sponsorship. Neither argument withstands scrutiny.
House of Vacuums may use the KIRBY mark to advertise that it sells new KIRBY vacuum cleaners. Independent dealers and repair shops may use a mark to advertise truthfully that they sell or repair certain branded products so long as the advertisement does not suggest affiliation with or endorsement by the markholder. See Trail Chevrolet, Inc. v. Gen. Motors Corp., 381 F.2d 353, 354 (5th Cir.1967) (per curiam); accord Volkswagenwerk Aktiengesellschaft v. Church, 411 F.2d 350, 352 (9th Cir.1969); see generally 4 J. Thomas McCarthy, McCarthy on Trademarks & Unfair Competition § 25:43 (4th ed.2003).2 For all its bluster about authorization, Scott Fetzer admits that new Kirby vacuum cleaners sometimes reach independent dealers. These leaks in Scott Fetzer's distribution chain are well documented. See Scott Fetzer Co. v. Williamson, 101 F.3d 549, 552-53 (8th Cir.1996). In light of this admission, Scott Fetzer cannot rebut summary judgment evidence showing that House of Vacuums sometimes obtains new Kirby vacuum cleaners, albeit without authorization, and resells them to customers.3 Because House of Vacuums sells new Kirby vacuum cleaners, House of Vacuums may use the KIRBY mark to advertise that fact so long as the advertisement does not suggest affiliation with or endorsement by Scott Fetzer.
The critical question is whether the advertisement suggests affiliation or endorsement. In assessing whether use of a mark creates a likelihood of confusion as to affiliation or endorsement, we consider the "digits of confusion," a list of factors that tend to prove or to disprove that consumer confusion is likely. Westchester, 214 F.3d at 664. Those factors are: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant's intent; and (7) any evidence of actual confusion. Id.
The digits are a flexible and non-exhaustive list. See id. They do not apply mechanically to every case and can serve only as guides, not as an exact calculus. See Pebble Beach Co. v. Tour 18 I Ltd., 155 F.3d 526, 546 (5th Cir.1998). For example, consider two yellow pages advertisements by independent vacuum dealers, one reading "Your Kirby Headquarters" and the other reading "Sales & Repairs of Kirby Vacuums (not authorized by Kirby)." A court applying the digits without regard to context would find that a majority of the digits indicate confusion in both cases. The KIRBY mark is strong and arbitrary and would thus indicate confusion under the first digit. See Elvis, 141 F.3d at 201. The KIRBY marks used in the ads would be not just similar but identical to Scott Fetzer's KIRBY mark; this similarity would indicate confusion under the second digit, see id. The independent dealers' products and services would be identical with those offered by KIRBY-authorized centers; this similarity would indicate confusion under the third digit, see id. at 202. The group of consumers seeking to purchase Kirby vacuum cleaners from the independent dealers would overlap almost completely with the group of consumers seeking to purchase Kirby vacuum cleaners from authorized dealers; this similarity would indicate confusion under the fourth digit, see Fuji Photo Film v. Shinohara Shoji Kabushiki Kaisha, 754 F.2d 591, 597 (5th Cir.1985). Yet while the first advertisement would plainly create a likelihood of confusion as to affiliation, the second one just as plainly would not.
This example illustrates two important aspects of our traditional likelihood of confusion analysis. First, we must consider the application of each digit in light of the specific circumstances of the case; otherwise, we risk inadvertently lowering the standard of confusion. See Lyons P'ship v. Giannoulas, 179 F.3d 384, 389-90 (5th Cir.1999) (holding that court must consider application of digits in light of parody claim even when evaluating a motion for summary judgment); Pebble Beach, 155 F.3d at 547 (holding that court must consider application of digits in light of comparative advertising claim). Whenever an independent dealer advertises that it sells a certain marked product in competition with authorized dealers, several of the digits will appear to indicate confusion even if no confusion is likely. Cf. Lyons, 179 F.3d at 389 (noting that first digit would point to confusion in any parody case); Pebble Beach, 155 F.3d at 546-47 (recognizing that a number of digits would point to confusion in any comparative advertising case). Therefore, we must consider the application of each digit in light of the fact that an independent dealer is advertising marked products.
Second, we must "consider the marks in the context that a customer perceives them in the marketplace, which includes their presentation in advertisements." Elvis, 141 F.3d at 197. Context is especially critical in a case like this one. Cf. Trail Chevrolet, 381 F.2d at 354 (forbidding use of the CHEVROLET mark as part of the defendant's trade name but allowing the defendant to state that it sold and repaired CHEVROLET cars). Prominent and pervasive use of a mark will suggest affiliation, but mere reference to a marked product will not. See Pebble Beach, 155 F.3d at 546, 552. Therefore, in addition to the digits of confusion, the particular context in which the mark appears must receive special emphasis.
With these principles in mind, we turn to Scott Fetzer's proffered evidence of infringement, which focuses on the second, sixth, and seventh digits. Even viewed in the light most favorable to Scott Fetzer, this evidence is not sufficient to permit a reasonable jury to find a likelihood of confusion as to affiliation.
Scott Fetzer first argues that the second digit (similarity between the marks) supports a finding of likely confusion. The House of Vacuums ad uses the KIRBY mark, so the marks at issue are more than similar—they are practically identical.4 As suggested above, however, the second digit proves little about likelihood of confusion when, as in this case, an independent dealer is using a mark to advertise sales and repairs of the marked product.
A review of the ad, in fact, can only hurt Scott Fetzer's case. The context in which the KIRBY mark appears significantly reduces any chance of confusion. The word "Kirby" is fifth in a list of thirteen brand names and is not especially prominent. Therefore, consumers are much less likely to conclude that House of Vacuums is affiliated with or approved by Kirby than they would be were the KIRBY mark emphasized in some way.
Scott Fetzer next argues that House of Vacuums intended to confuse consumers, an inquiry relevant under the sixth digit, Elvis, 141 F.3d at 203. Scott Fetzer contends that the district court should have presumed intent to confuse because House of Vacuums used a mark it knew to be owned by Scott Fetzer. In some situations, "[a] showing that the defendant intended to use the allegedly infringing mark with knowledge of the predecessor's mark may give rise to a presumption that the defendant intended to cause public confusion." Conan Props., Inc. v. Conans Pizza, Inc., 752 F.2d 145, 151 n. 2 (5th Cir.1985). This presumption of bad intent is unreasonable when an independent dealer advertises its sales or repairs of a branded product. In such cases, a defendant will always use the plaintiff's mark with knowledge that the plaintiff owns the mark.
Scott Fetzer also claims to have direct evidence of intent to confuse because Mr. Farmer admitted that he intended to attract the attention of customers interested in purchasing or repairing Kirby vacuum cleaners. According to Scott Fetzer, these customers would otherwise have patronized Kirby-authorized dealers and service centers. Intent to compete, however, is not tantamount to intent to confuse. House of Vacuums has evinced no intent to confuse, so the sixth digit does not support a finding of a likelihood of confusion.
Finally, Scott Fetzer claims to have evidence of actual confusion. To show actual confusion, a plaintiff may rely on anecdotal instances of consumer confusion, see Moore Bus. Forms, Inc. v. Ryu, 960 F.2d 486, 491 (5th Cir.1992), or consumer surveys, see Exxon Corp. v. Tex. Motor Exchange of Houston, Inc., 628 F.2d 500, 506 (5th Cir.1980). Neither Scott Fetzer's anecdotal evidence nor its survey evidence could reasonably support a finding of infringement.
Scott Fetzer points to several anecdotes that purportedly indicate consumer confusion as to the affiliation of House of Vacuums. For example, Mr. Farmer's deposition and several of Scott Fetzer's affidavits recount instances in which customers have said they thought House of Vacuums was an authorized Kirby dealer or an authorized Kirby repair shop. The problem with these anecdotes, however, is that no competent evidence connects them to any representation by House of Vacuums. The record indicates that in many of these instances, customers assumed affiliation based on the fact that House of Vacuums sells—with the approval of Scott Fetzer—KIRBY-brand rug shampoos and like products. To prove infringement, Scott Fetzer must ultimately prove that a misleading representation by House of Vacuums, as opposed to some other source, caused a likelihood of confusion. See Westchester, 214 F.3d at 664 (requiring that defendant's use of mark cause confusion); Pebble Beach, 155 F.3d at 536 (same); cf. Sebastian Int'l v. Longs Drug Stores Corp., 53 F.3d 1073, 1077 (9th Cir.1995) (refusing to hold unauthorized seller liable for confusion engendered by manufacturer's own practices). Standing alone, Scott Fetzer's anecdotes are not sufficient to permit a reasonable jury to infer that House of Vacuums caused the cited instances of confusion.5
The only evidence purporting to link the yellow pages ad to consumer confusion is a survey conducted at Scott Fetzer's behest. The expert who conducted the survey used Scott Fetzer's customer lists to construct a survey universe consisting entirely of San Antonio residents who own a Kirby vacuum cleaner. The surveyors showed respondents the yellow pages ad in question, then asked, "Looking at this ad, would you say this company is in any way affiliated with, connected with, sponsored by, associated with or authorized by the Kirby Company?" Fifty-seven percent of survey participants answered in the affirmative.6
We agree with the district court that no reasonable jury could regard the survey presented by Scott Fetzer as evidence of confusion. In assessing the validity of a survey, we look to two factors: first, the manner of conducting the survey, including especially the adequacy of the universe; and second, the way in which participants are questioned. Exxon, 628 F.2d at 506-07.
The universe selected by Scott Fetzer's expert severely limits the probative value of the survey's results. For a survey to be valid, "the persons interviewed must adequately represent the opinions which are relevant to the litigation." Amstar Corp. v. Domino's Pizza, Inc., 615 F.2d 252, 264 (5th Cir.1980). In an infringement action, "the appropriate universe should include a fair sampling of those purchasers most likely to partake of the alleged infringer's goods or services." Id. The universe in Scott Fetzer's survey consisted entirely of persons who purchased Kirby vacuum cleaners through Scott Fetzer. This group is uniquely familiar with Scott Fetzer's marketing and distribution techniques. Thus, the survey says nothing about the ad's effect on the class of potential consumers of new Kirby vacuum cleaners, a class that includes a large proportion of persons who have not yet purchased a Kirby. The survey might reveal slightly more about the ad's effect on the class of potential purchasers of repairs for Kirby vacuum cleaners, a class which presumably includes a high proportion of Kirby vacuum cleaner owners. Even with respect to this class, however, the universe is suspiciously underinclusive; at least some potential purchasers of repairs will have acquired their Kirby vacuum cleaners second-hand and therefore will not appear on Scott Fetzer's lists.
In any event, flaws in the questions asked prevent the survey from proving confusion even among potential consumers of Kirby repairs. First, the surveyors asked whether House of Vacuums "is in any way affiliated with, connected with, sponsored by, associated with or authorized by" Kirby. The use of the phrase "in any way" prodded survey participants to search for any connection, no matter how attenuated, between the two companies. Second, the survey question suggested a connection between House of Vacuums and Kirby instead of permitting participants to make their own associations. A survey question that begs its answer by suggesting a link between plaintiff and defendant cannot be a true indicator of the likelihood of consumer confusion. Universal City Studios, Inc. v. Nintendo Co., Ltd., 746 F.2d 112, 118 (2d Cir.1984).
Usually, methodological flaws in a survey bear on the weight the survey should receive, not the survey's admissibility. See C.A. May Marine Supply Co. v. Brunswick Corp., 649 F.2d 1049, 1055 n. 10 (5th Cir.1981) (dictum); Holiday Inns, Inc. v. Holiday Out In Am., 481 F.2d 445, 447 (5th Cir.1973). Scott Fetzer argues that its presentation of survey evidence precludes summary judgment because a court may not weigh evidence or make credibility determinations when reviewing a motion for summary judgment, see Sport Supply Group, Inc. v. Columbia Cas. Co., 335 F.3d 453, 456-57 (5th Cir.2003). In some cases, however, serious flaws in a survey will make any reliance on that survey unreasonable. See Bank of Tex. v. Commerce Southwest, Inc., 741 F.2d 785, 789 (5th Cir.1984) (upholding judgment notwithstanding the verdict even though verdict was supported by survey evidence). Otherwise, any survey, no matter how tendentious, would force the parties to trial. Thus, although minor methodological flaws will affect weight rather than admissibility, a survey can be "so badly flawed that it cannot be used to demonstrate the existence of a question of fact on the likelihood of consumer confusion." Universal, 746 F.2d at 118.
No reasonable jury could view the proffered survey as evidence of confusion among relevant consumers. The survey thus debunked, nothing links Scott Fetzer's anecdotal evidence of confusion to the yellow pages ad at issue, and in the absence of any reasonably credible anecdotal or survey evidence, Scott Fezter lacks evidence of actual confusion.
In sum, no reasonable jury could conclude that the House of Vacuums yellow pages ad creates a likelihood of confusion. Therefore, House of Vacuums is entitled to summary judgment on Scott Fetzer's claims of trademark infringement and unfair competition.
B. Dilution
Trademark dilution is the weakening of the ability of a mark to clearly and unmistakably distinguish the source of a product. See 15 U.S.C.A. § 1127 (West Supp.2004); Horseshoe Bay Resort Sales Co. v. Lake Lyndon B. Johnson Improvement Corp., 53 S.W.3d 799, 812 (Tex.App.—Austin 2001, pet. denied.).7 Dilution may occur through blurring or tarnishing. Westchester, 214 F.3d at 670 n. 12. Blurring involves a diminution in the uniqueness or individuality of a mark because of its use on unrelated goods. See id. See generally 4 McCarthy, supra, § 24:68. Tarnishing occurs when a trademark is "`linked to products of shoddy quality, or is portrayed in an unwholesome or unsavory context,' with the result that `the public will associate the lack of quality or lack of prestige in the defendant's goods with the plaintiff's unrelated goods.'" Hormel Foods Corp. v. Jim Henson Productions, 73 F.3d 497, 507 (2d Cir.1996) (quoting Deere & Co. v. MTD Prods., Inc., 41 F.3d 39, 43 (2d Cir.1994)). See generally 4 McCarthy, supra, § 24:69.8
Scott Fetzer alludes to both blurring and tarnishing, but its theory of dilution is essentially one of tarnishing. When authorized service centers rebuild a Kirby vacuum cleaner, they use all new parts. House of Vacuums, however, sometimes uses used parts. This practice, says Scott Fetzer, makes Kirby vacuum cleaners rebuilt by House of Vacuums inherently inferior to Kirby vacuum cleaners rebuilt by authorized service centers. Scott Fetzer complains that customers will link the KIRBY mark to these purportedly inferior products.
Scott Fetzer's theory of tarnishing is untenable, and its dilution claims fail as a matter of law.9 Trademark law does not entitle markholders to control the aftermarket in marked products. Ty, Inc. v. Perryman, 306 F.3d 509, 513 (7th Cir.2002). Granted, consumers will naturally associate a used, repaired, or rebuilt product with the mark it bears. As a quick glance at any classifieds section shows, reference to a used or repaired item's trademark will often be the only feasible way to announce the item's availability for sale. See id. at 512. Moreover, consumers will often base their opinion of a product on the product's performance after months or years of use and periodic repairs. These phenomena are necessary and unremarkable offshoots of a robust aftermarket in trademarked products, not evidence of dilution.
Concluding otherwise would convert anti-dilution laws into a tool for manufacturers to police independent repair shops and second-hand sales. Scott Fetzer's theory would allow a markholder to cry dilution every time a resold or repaired product reflected poorly on the mark it bore. Under this theory, any rusted-out Impala "for sale" on blocks in a front yard would give rise to a cause of action for diluting the CHEVROLET mark. We refuse to encourage anti-dilution law to metastasize in this manner.
Thus, the district court's conclusion was correct. House of Vacuums is entitled to summary judgment on Scott Fetzer's claims of dilution.
III. Attorneys' Fees
On cross-appeal, House of Vacuums contests the district court's refusal to award attorneys' fees. The Lanham Act permits a court to award reasonable attorneys' fees to a prevailing party "in exceptional cases." 15 U.S.C.A. § 1117(a) (West Supp.2004). We review a decision to award attorneys' fees under § 1117 for abuse of discretion and the district court's finding as to whether the case is exceptional for clear error. Procter & Gamble Co. v. Amway Corp., 280 F.3d 519, 528 (5th Cir.2002).
To recover attorneys' fees, "[t]he prevailing party must demonstrate the exceptional nature of the case by clear and convincing evidence." Id. at 526. To demonstrate that a case is exceptional, in turn, the defendant must show that the plaintiff brought the case in bad faith. Id. at 527-528 & n. 12; Fuji, 754 F.2d at 602. A district court should consider the objective merits of the suit in determining whether the plaintiff acted in bad faith. Procter & Gamble, 280 F.3d at 527. However, a party has not acted in bad faith simply by predicating its legal claim on a controversial and unsettled legal theory. Id. at 531-32.
The district court did not clearly err or abuse its discretion. Scott Fetzer's infringement claims do not withstand careful scrutiny, but they are not so implausible as to necessitate an inference of bad faith. Likewise, Scott Fetzer's dilution claims are novel and expansive but not so outlandish that they could not have been brought in good faith.
House of Vacuums complains that a large, well funded corporation has sued a small, one-man shop. However, a district court cannot consider the parties' relative economic positions when determining whether a case is exceptional. Texas Pig Stands, Inc. v. Hard Rock Cafe Int'l, Inc., 951 F.2d 684, 697 (5th Cir.1992). Therefore, we affirm the district court's denial of attorneys' fees.
IV. Conclusion
The district court correctly concluded that House of Vacuums was entitled to summary judgment on Scott Fetzer's claims of unfair competition, trademark infringement, and trademark dilution. Furthermore, the district court did not abuse its discretion by denying attorneys' fees to House of Vacuums.
In the last paragraph of its brief, House of Vacuums tosses in a cursory argument that we could rely on the equitable defenses of waiver, laches, or estoppel to affirm the district court's grant of summary judgment. House of Vacuums has not cited a single legal authority in support of these defenses. As such, House of Vacuums has not adequately briefed these arguments and we will not consider themSee Fed. R.App. P. 28(a)(9), (b); Sport Supply Group, Inc. v. Columbia Cas. Co., 335 F.3d 453, 466 n. 14 (5th Cir.2003).
House of Vacuums calls this principle "fair use," but fair use is a different concept. Fair use "allows a party to use its own name or a descriptive term or device in the name or term's descriptive sense to describe its own goods or services."Pebble Beach v. Tour 18 I Ltd., 155 F.3d 526, 545 n. 12 (5th Cir.1998). Fair use is protected even if confusion is likely. Id.
These unauthorized sales do not violate any trademark law. Standing alone, sales of genuine trademarked products outside the confines of an authorized distribution system do not give rise to a cause of action for trademark infringement under federal or Texas lawSee Matrix Essentials, Inc. v. Emporium Drug Mart, Inc., 988 F.2d 587, 593 (5th Cir.1993); John Paul Mitchell Sys. v. Randalls Food Markets, Inc., 17 S.W.3d 721, 735-36 (Tex.App.—Austin 2000, pet. denied). Sales of trademarked products without authorization may constitute trademark infringement if those products are not genuine, i.e., the product harbors some defect (or potential defect) that customers would be unable to detect. See Matrix, 988 F.2d at 590-91; John Paul Mitchell, 17 S.W.3d at 735-36. However, Scott Fetzer has not developed such a theory of infringement, and we will not construct one sua sponte.
The district court erred in holding that the KIRBY mark and "Kirby" spelled in plain letters are different in a meaningful way. That a defendant has printed the mark in plain letters instead of a stylized typeface does not necessarily demonstrate lack of similaritySee Fuji, 754 F.2d at 597.
Scott Fetzer also points to several instances in which customers sought to purchase new Kirby vacuum cleaners at House of Vacuums. These anecdotes also evince no link to the yellow pages ad. Furthermore, they do not speak to any kind of confusion; House of Vacuums does sell new Kirby vacuum cleaners on occasion
The surveyors also asked, "Looking at this same ad, would you expect that you would be able to buy a new Kirby vacuum cleaner from House of Vacuums?" Eighty-seven percent of survey participants answered in the affirmative. This question does not speak to any sort of confusion. Some consumers believe that House of Vacuums sells new Kirby vacuum cleaners, and House of Vacuums does occasionally sell new Kirby vacuum cleaners. Furthermore, as discussed below, the restricted survey universe would preclude a jury from regarding the survey as probative evidence of confusion among potential purchasers of new KIRBY vacuum cleaners
The Federal Trademark Dilution Act ("FTDA") bars "another person's commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark." 15 U.S.C.A. § 1125(c)(1) (West 1998). Texas's anti-dilution statute provides relief to owners of "distinctive" marksSee Express One Int'l, Inc. v. Steinbeck, 53 S.W.3d 895, 899 (Tex.App.—Dallas 2001, no pet.). House of Vacuums does not contest that the KIRBY mark became famous before appearing in the House of Vacuums ad. Nor does House of Vacuums dispute that the KIRBY mark is distinctive. Therefore, we will not analyze these statutory requirements for purposes of this case. Cf. Moseley v. V. Secret Catalogue, Inc., 537 U.S. 418, 432, 123 S.Ct. 1115, 155 L.Ed.2d 1 (2003).
In its most recent analysis of dilution law, the Supreme Court cast doubt on whether the FTDA creates a cause of action for tarnishingMoseley, 537 U.S. at 432. The Court noted that tarnishing "was prominent in litigation brought under state antidilution statutes" and "was mentioned in the [federal] legislative history," but the Court questioned whether the statutory text embraced tarnishing. Id. The Court observed that "the contrast between the state statutes, which expressly refer to both `injury to business reputation' and to `dilution of the distinctive quality of a trade name or trademark,' and the federal statute which refers only to the latter, arguably supports a narrower reading of the FTDA." Id.; cf., e.g., Tex. Bus. & Com.Code § 16.29 (Vernon 2002) (making actionable "an act likely to injure a business reputation or to dilute the distinctive quality of a mark"). We have previously assumed that tarnishing is actionable under federal law, see, e.g., Westchester, 214 F.3d at 670 n. 12, and House of Vacuums has advanced no argument that it is not. Therefore, we will continue our previous assumption for purposes of this case. Even if this assumption proves incorrect, the outcome of this case would be the same: Scott Fetzer's federal dilution claims fail as a matter of law.
Although the district court's conclusion was correct, the district court's explication of fed eral and Texas law was erroneous in two respects
First, the district court erred in describing the showing necessary under the FTDA. The district court correctly noted that to prevail on its federal dilution claim, Scott Fetzer must show actual dilution, not just a likelihood of dilution. See Moseley v. V. Secret Catalogue, Inc., 537 U.S. 418, 433, 123 S.Ct. 1115, 155 L.Ed.2d 1 (2003). But the district court erred when it faulted Scott Fetzer for not offering evidence of lost profits or other damages. The requirement that a plaintiff show actual dilution "does not mean that the consequences of dilution, such as an actual loss of sales or profits, must also be proved." Id.
Second, the district court misstated Scott Fetzer's burden under Texas anti-dilution law. The district court erroneously held that the Texas anti-dilution statute, Tex. Bus. & Com.Code Ann. § 16.29 (Vernon 2002), requires a showing of actual dilution. In contrast to the FTDA, Texas anti-dilution law requires that the plaintiff establish "an act likely to injure a business reputation or to dilute the distinctive quality of a mark." Id. (emphasis added); see Westchester, 214 F.3d at 670 & n. 16.


text:
Camp of Champions Gets Bigger
Apr 14th 2010The Camp of Champions in its tireless quest to have the best park in the world has stepped it up again. For summer 2010 the camps private terrain park is expanding in size and is going to be 20% bigger.
- Views: 18629
- Cmts: 66


text:
Nina Hartley's is The Queen of Cock. All in one place you wi...
Hairy seventies lady enjoys a good and deep anal stuffing
Black Classic Lesbian Stars Sucking Cock
Retro couple paying visit to very horny redhead to fuck
80's Lesbian Pornstar Barbara Dare
When frustrated housewife Christine (Laurien Dominique) land...
Hairy retro wife enjoys a good fucking cock at her work
Vintage photographer spying and shooting a couple fucking
Horny retro couple enjoys some good anal fucking action
Seventies afro guy fucks white classic lady in the bathroom
Retro lady penetrated deep and creamed on stubbled pussy
Angel Kelly Pornstar Fucks Big Black Cock
Classic redhaired lady receiving a massive facial cumload
It is a sexy foursome filmed back in the seventies
Sexy classic hairy ladies spoiling a lucky ejaculating cock
Retro Asian lady and Caucasian lady spoiling someones boner
Blonde classic pornstar seka gets stuffed and facialised
Pornstar Amber Lynn Fucking
Hairy seventies lady enjoys a big stiffy penis inside her
Two gorgeous roommates (Buffy Davis and Natasha Skier) swall...
Classic hairy lady in stockings fucked and facially creamed
Three horny seventies studs fucking a blonde retro lady
Classic Stars Lana Burner and Kristara Barrington Suck And F...
Retro hairy ladies riding a lucky boner in horny threesome
Two horny seventies ladies fucked hard on a public beach
Porn Legend Nina Hartley Fucking
Horny and hairy seventies lady rides a big fashion penis
Classic 80's Huge Giant Juggs Blowjob
Classic Porn Stud Tom Byron Fucks Them All!
Vintage hardcore anal sex video footage
Classic Pornstars Annette Haven and Paul Thomas
Classic Outdoor Fucking
Retro guy spying cumshots on horny girls in groupsex party
Business mogul Broadhurst eagerly anticipated the return of ...
Horny classic threesome porn action in the Rocky Mountains
Classic Porn Stud Tom Byron Fucks Them All!
Retro lady with hairy muff enjoying a stiff cock in bath tub
John Holmes using her monster cock to stuff a retro lady
Porn Legend Amber Lynn Fucking
Retro hairy blonde riding the cock for cum in sleepingroom
Wet and hairy seventies lady milking his big retro cock
80's Pornstar Vibrator Masturbation
Retro girl with big eyebrows creamed on her cute slim ass
Horny retro stud cumming all over her hairy seventies pussy
Two hairy retro ladies sharing his big erect cock together
Caballero Classics Latin Superstar Vanessa Del Rio!
Retro stocking ladies sharing a big stiff penis together
Two dirty seventies ladies stuffed by a campfire at night
Retro busty blonde girl banged in her tight hairy pussy
Classic Porn Fuck Fest
Take on the challenge if you dare! Whether its your pussy , ...
A pretty blond joins the mile high club in classic fashion
Two horny guys fucking a classic seventies lady at home
Two naughty seventies blondes enjoying a cock in the barn
Hairy retro lady with stockings loves good anal pounding
Whore gets fucked hard in Famous retro porn The Devil in Mis...
Porn Legend Nina Hartley Fucking
Horny retro tennis couple fucking eachother wild at home
Tales From The Backside! A bonanaza of hot anal action is in...
Big breasted seventies pornstar gets fucked and cummed on
Phenomenal Porsche Lynn... her lusts, her insatiable needs, ...
Classic 80's Porn Girl Rides Cock
Hot eighties teenage lesbians having fun in the fair
Retro hairy hippie wife creamed on face by two horny men
Retro blonde lady with swinging hairy muff in hot threesome
Busty seventies lady fucked and jizzed on her big boobies
Hardcore behind the scenes seventies porno shooting action
Two seventies ladies enjoy penis inside their hairy twats
Gallons of pop shots...Be prepared to get sprayed with bulle...
Dirty seventies lady enjoys two big stiffy cocks at once
Hprny seventies lady enjoys his big spunky load on her face
Classic Pornstar Amber Lynn Rides A Cock
A horny black seventies dude fucks a sexy white retro lady
Classic horny couple spying on horny couple having hot sex
Two horny seventies ladies pleasing a stiff cock together
90 minutes of mind-blowing and bone-stiffening action with n...
Classic Pornstar Janie Robbins Threesome
Dixie Ray a one-time Hollywood starlet whose career has hit ...
Our Friends
Vintage Pussies
Vintage Sex Porn
Hot Retro Sex
Golden Age of XXX
Retro Tube Movs
Sex Vintage Porn
Classic Porn Movies
Free Retro Porn Movies
Retro Chart
Hot Classic Porn
Classic Hardcore Movies
Retro Holes
Vintage 3x
Vintage Porn Movies
Classic Tube Videos
Vintage Porn Erotica
Retro Interracial Porn
Old School Porn
Retro Fuck Clips
Retro Fuck Clips
Vintage Porn Library
Lust Vintage
Retro Ladies
Vintage Pleasure
Vintage Hairy Porn
Vintage Porn 4 U
Vintage Porn Films
Retro Penetration


text:
Results 1 - 11 of 11 matches
More Ways to Shop
Shop By AgeNot all RC vehicles are toys meant for little children. Here you can find RC vehicles that are safe and simple enough to operate for wee lil' youngins, all the way to complicated and fast RC vehicles meant for adults.
ConditionIf you want a new product or if you would rather save some money with a refurbished. Breathe easy because all of Hobbytron's refurbished products are guaranteed to be in "good as new condition" and comes with a 90 day warranty!
SmarTech Magic Wheel 1:8 4WD RTR Nitro Off-Road RC Truck
$400.00 $249.95
Out Of Stock
Refurbished SmarTech Rally W2P-T3 1:10 4WD Electric RTR RC Car
$251.91 $75.00
Out Of Stock
Refurbished SmarTech Magic Wheel 1:8 4WD RTR Nitro Off-Road RC Truck
$400.00 $149.95
Out Of Stock
SmarTech Ford Big Foot 1:5 RTR Gas Powered 28cc Off-Road Monster RC Truck
$800.00 $479.95
Out Of Stock
SmarTech MS-T 1:8 4WD RTR Nitro RC Truggy
$1,000.00 $549.95
Out Of Stock
SmarTech Skylark 3CH RC Helicopter
$200.00 $139.95
Out Of Stock
SmarTech Shark 1:14 4WD RTR Electric RC Off-Road Monster Truck
$260.00 $179.95
Out Of Stock
SmarTech Warlord 1:8 4WD RTR Nitro Off-Road RC Truggy
$600.00 $349.95
Out Of Stock
SmarTech Berserk 1:8 4WD RTR Nitro Off-Road RC Buggy
$500.00 $309.95
Out Of Stock
SmarTech Boxer 1:5 4WD RTR 28cc Gas Powered RC Truggy
$1,100.00 $649.95
Out Of Stock
SmarTech Toys Tornado F150 1:6 4WD Nitro RTR RC Truck
$809.91 $449.95
Out Of Stock
Safe & Secure online shopping guaranteed.
Call our Customer Service at 818-675-9000 if you find a lower price on any of our items we'll match it.*
© 1995-2015, All material on this site is copyrighted by HobbyTron.com or the product itself.


text:
List A - Z | Top 1000 | Random | Origins |
Playwright Names13 Playwright names and what they mean, for playwright, choreographer for baby girls, listing 1-13. Here is the list of Playwright names for boys. Agnes .. Choreographer Agnes De Mille .. Amanda .. Literary: poets and playwrights brought this name into popular usage in the 17th century .. Araminta .. Invented by an 18th-century English playwright. Carol .. Playwright Caryl Churchhill. Gloria .. Supposedly coined by playwright George Bernard Shaw in "You Never Can Tell" (1898) .. Grace .. Choreographer Graciela Daniele. Oona .. Playwright Eugene O'Neill gave this name to his daughter. Patricia .. Choreographer Trisha Brown .. Phaedra .. The tale of Phaedra's dark and guilty love has inspired playwrights from ancient to modern times .. Tina .. Playwright Tina Howe .. Tricia .. Choreographer Trisha Brown .. Twyla .. Usage is probably due to dancer/choreographer Twyla Tharp and to a character in a novel by Zenna Henderson. Wendy .. Playwright Wendy Wasserstein .. Agnes, Amanda, Carol, Gloria, Grace, Patricia, Tina, Tricia, Twyla and Wendy are commonly used names, while Araminta, Oona and Phaedra are rare in comparison. (2000 U.S. Census) [Top] |
© 2015 Think Baby Names Home - About - Terms - Privacy - Contact |


text:
Singer Duncan James says "people were shocked" when they heard he was gay.
The 35-year-old has been speaking to the Metro about taking part in The Big Reunion – along with the rest of boy band Blue.
Even though Duncan came out three years ago, some of his fans only learnt about his sexuality from watching the ITV show last month.
"People were shocked when they heard I was gay," the singer said. "A lot of people on Twitter seemed shocked when they saw me talk about it on The Big Reunion but I came out three years ago. It's funny, because when the story came, I thought everyone knew so I guess that was a misconception."
Duncan said coming out had been a huge relief. "Still to this day a lot of people are frightened to come out and there is a lot of stigma about it in certain countries but we're much more accepting in Britain."
He added: "Most people don't give a shit if you're gay, straight or whatever but there are a lot of people who are still closeted and afraid to come out so I hope my little story will show you can do it and nothing bad's going to happen. You can be proud of who you are regardless of who you have sex with – it shouldn't mean anything. It's hard to take that step to come out, I found it difficult, but it was a weight off my shoulders."


text:
NOVA 1624-44 Lathe Save $500
One of our most popular lathes is on sale right now! Buy Now $999.99
WoodRiver® Tenoning Jig $69.99
Cut perfect, straight and angled mitered tenons on your table saw. Save $25 Today
Porter-Cable Belt Sander Save 15%
Small in size, light, and easy to use - perfect for most sanding jobs! Now Only $93.49
Look up product instructions, videos and articles about your favorite tools using our Learning Center.
Join us on your favorite social network! Share your projects and learn from other woodworkers.
Out of stock, order now for current pricing. Expected Delivery on May 15, 2015
Please Note: This item can only be shipped ground to the 48 contiguous states. Some items cannot be shipped via air due to being flammable, magnetic, contains batteries, hazardous fumes or where contents are under pressure. Please use a physical address not a PO Box during checkout.
(2 reviews)
Product Information:
(based on 2 reviews)
of respondents would recommend this to a friend.
Displaying reviews 1 - 2
Back to top
Great Wood
By Dave the happy turner
from Owings, MD
About Me Professional
Best Uses
Comments about Zebrawood 3" x 6" x 6" :
This is first time I've found 3" thick Zebrano. Offers all kinds of possibilities.
This block is for you
By John the Chainsaw Jockey
from Smyrna, TN
About Me Avid Do-It-Yourselfer
I will make a sugar bowl out of it. I was hoping for a finer grain structure that would show up better in a small piece like what I have in mind. However, it is an attractive piece of wood


text:
Football in the Fjord
Category: Spontaneous Moments
Photo and caption by Kristin Wright
A young man plays soccer in the remote town of Isafjordur, Iceland on one of the first sunny spring days.
Location: Isafjordur, Iceland
Top Picks for Travel
Subscribe to Nat Geo Traveler
Order Now
Available in print and for iPad®! See destinations come alive with 360-degree photos, videos, and more!