text:
Q: How to check if a string contains ALL values from an String Array? Let's say I have a text and I want to check if the text contains a couple of words.
let text: String = "The rain in Spain"
let wordsA: [String] = [ "rain", "Spain" ] // should return true when compared with text
let wordsB: [String] = [ "rain", "Italy" ] // should return false when compared with text

What is the shortest, quickest way to check if my text contains ALL of the words?
I know, I can do:
var result: Bool = true
for word in wordsA {
    result = result && text.contains(word)
}

But I was wondering if there is a shorter way that involves using predicates. For instance, to check if the string contains ANY of the words I could do:
let result: Bool = wordsA.contains(where: text.contains)

Is there something similar that results only in true if ALL words are found?

A: I found a very simple solution, which is perfect for me:
let result: Bool = wordsA.allSatisfy(text.contains)

This works, but it's not fast like Leo's solution.

A: You should enumerateSubstrings in your string using byWords option. It will return only words not a sequence of characters that might be just part of a larger word. Once you have all the words of your string you should create a set and check if it is a superset of your words. Your code should be something like:

extension StringProtocol {
    var setOfWords: Set<String> {
        var setOfWords: Set<String> = []
        enumerateSubstrings(in: startIndex..., options: .byWords) { word, _, _, _ in
            setOfWords.insert(word!)
        }
        return setOfWords
    }
}

let text = "The rain in Spain"

let wordsA = [ "rain", "Spain" ] // should return true when compared with text
let wordsB = [ "rain", "Italy" ] // should return false when compared with text

let setOfWords = text.setOfWords
setOfWords.isSuperset(of: wordsA)  // true
setOfWords.isSuperset(of: wordsB)  // false

Without extending StringProtocol:
let text = "The rain in Spain"
var setOfWords: Set<String> = []
text.enumerateSubstrings(in: text.startIndex..., options: .byWords) { word, _, _, _ in
    setOfWords.insert(word!)
}
let wordsA = [ "rain", "Spain" ]
let wordsB = [ "rain", "Italy" ]

setOfWords.isSuperset(of: wordsA)  // true
setOfWords.isSuperset(of: wordsB)  // false


Costa Pacifica features some of the newest innovations introduced on Costa's ships: the 'Samsara Spa' one of the largest spas at sea at over 23,000ft², a central pool area extending over two decks fitted with a glass roof and a giant movie screen, as well as a Grand Prix race car driving simulator.
The interiors reflect a love of music, with the My Way restaurant, Ipanema Lounge, Route 66 Sports Bar, La Bamba pool deck and more. There are over 300 original paintings onboard as well as nearly 6000 prints aquired with the advice of Nicola Salvatore of Studio Cervi & Rossi. Unique to Costa Pacifica is the first recording studio to feature onboard a cruise.
Beyond music, Costa Pacifica will appeal to travellers seeking a wide variety of entertainment options and quality kids facilities.
The excellent menus of the twin ships Costa Pacifica and Costa Luminosa à la carte Restaurants and Samsara Restaurants have been put together and signed by the award-winning Italian Chef Ettore Bocchia.
Ettore Bocchia is the Executive Chef at the Grand Hotel Villa Serbelloni in Bellagio on Lake Como, which was awarded 1 Michelin star in 2005 He is also the creator of the revolutionary molecular cooking.
Entertainment and activities to suit all tastes are available day and night. By day, you can choose from many different activities or get involved in sports competitions and dance classes.You can even learn to speak Italiano! By Night, it's all parties and piazzaz, choose from Piano Bar, jazz, classical, latin or ballroom dancing as you groove the night away. There are cocktail parties indoors and deck parties outdoors, the night is long and full of surprises.
Good Things: Check in was easy. Check out easy. Variety of music excellent. Waiter service excellent. Boat architecture good, especially the lifts in the central hall atrium. Some evening entertainment good, but not all (see below). Good spa facilities. Generally a cheerful atmosphere on board. Poor Aspects: No movie theatre in afternoons. Only two lectures in English for whole of cruise. No Captain's Reception. Only two "Formal" nights in eleven. Many did not have proper dress. Very poor layout of restaurants My Way and New York New York. Some seats much better than others. Too many rectangular, not enough circular. Lower seating area could not enjoy excellent waiter dancing etc. No wine waiter to order proper drinks. We had to go to bar to get proper Proseco. Food varied from very good to almost inedible. Menu should be posted outside restaurant entrance. No viable alternative to main restaurants. Silly high price for WiFi. Make it free. Breakfast should be available until 11 or 12.00. Rush to make 10 at times. Cabin lights not bright enough for reading in bed. Some evening shows very good but some grim (clown). Lead singers male and female not all that good. Afternoon cake and tea gives impression of budgeting (little choice, not appetising). Charging 5 euros for breakfast in bed is silly and just causes resentment. No "Sailaway Parties" on deck. Hope the above helps in your future planning.


As I write this, Bramer and I are sitting in the airport in Miami waiting for our return flight home after a very long, but fulfilling surgery and implant training program in Santo Domingo, Dominican Republic. You guys are my witnesses, that on this trip my husband agreed that we should spend months at a time in the Dominican doing humanitarian dentistry and soaking up the Dominican charm. My close friends know that I have a dream that once my girls are self-sufficient (stop laughing), I could volunteer in a dental clinic by day, and hit up some beachfront yoga by evening! We loved reuniting with the beautiful beaches of Punta Cana where we were blessed to have honeymooned 12 years ago. The island of Hispaniola has flown many flags, and the culture and history are rich, but like many previous colonies there is a distinct prosperous minority that coexists with an impoverished majority. I was drawn to this particular implant program because it beautifully combined advanced dental training with restorative dental treatment for the people of Santo Domingo.
Most people in America have a basic idea of what dental implants are. I am often asked about the "all new implant teeth in a day" commercials and billboards that seem to be everywhere these days. Often times, these promises are great marketing, leaving out a lot of fine print.
Historically, different cultures have used common materials to "replace" missing teeth. For instance, 4,000 years ago the Chinese used bamboo pegs to replace missing teeth. In addition, 2,300 and 3,000 year old French and the Egyptian skulls have been found with metal prosthetic teeth, which were intended to improve the individual's post-death smile. There have also been historical attempts to reimplant another human's teeth or animal teeth into a missing space in a person's smile (unfortunately, these attempts fail due to infection and host rejection).
The mental image I hold of ancient implants is featured in a famous Implantology textbook that most dentists are familiar with. It is a photo of a skull with carved tooth-shaped shells in the lower jawbone that was excavated from Mayan ruins. This book notes that the implants appeared to be integrated into the bone, and that they showed signs of calculus formation. This most likely means these ancient implants were functional replacements for every day use, and not simply for post death vanity. Luckily, implants have come a long way since bamboo pegs and seashells.
The father of modern dental implantology was an orthopedic surgeon, Dr. Per-Ingvar Branemark. In 1952, he unintentionally discovered the osteo-integrative (bone anchoring) properties of titanium, when he was unable to remove a titanium cylinder he had placed in a rabbit femur during a study on bone healing and regeneration. In 1965, Dr. Branemark placed his first titanium dental implant. Since then, implant technology has gone from a "pet" project to the treatment standard for many patients with missing teeth.
In the next part of this Implant piece, I'll explain some of the history and science behind Zirconia Implants- I know you are on the edge of your seat!
It's February- a month that conjures thoughts of love and the heart. It's one of my favorites! I think this time of year is dear to me for two reasons: 1. The busy holidays are behind us and 2. In February of 2012 I experienced the indescribable love a mother feels for her first born.
In addition, through supporting my beloved husband, who has worked as a hospital administrator for the past 14 years, I have been involved in running for the heart, going red for women, wearing red at fundraisers, and listening to cardiologists talk about the importance of prevention as it relates to heart disease. It is clear that Americans are passionate about the prevention and treatment of heart related chronic illness.
As a dentist I can tell you something I do not love… and that is periodontal disease. While we are conjuring images, you are probably imaging bleeding gums, bad breath, and that toothless relative that made "poor dental choices." All of those conditions are possible in patients with periodontitis, but a far greater concern is that periodontal disease can have a significant impact on our overall health. It is well understood by dentists that the mouth is the gateway to our systemic condition. When it comes to the correlation between heart disease, inflammation, and periodontal disease we (conventional and holistic providers and dentists) concur that the wrong type of oral bacteria is detrimental to our overall health.
The same bacteria found in gum disease are also found in atherosclerotic vessels.
When people have moderate to severe gum disease their levels of C-reactive protein increase. CRP rises during whole body inflammation, and is used clinically to assess a person's risk of heart attack.
So what can you do to decrease your risk of systemic health problems cause by detrimental oral bacteria?
Regular dental exams and professional cleanings by a dental hygienist. In our practice we take a plaque sample from each patient, and use a phase contrast microscope to identify their oral flora. Our team uses traditional cleaning methods, ozone, essential oils, and specific irrigation solutions to target each individual's unique issues.
Good home care! I strongly recommend Oral irrigation in conjunction with brushing. If you ever had braces growing up, you remember that Waterpik that collected dust, because you were way to busy to fit that into your busy teenage schedule (eye roll). In a 1988 study it was determined that irrigation reduces gum bleeding, pocket depths, gingivitis, periodontal pathogens, and decreases a patient's risk of bacteremia. Note that periodontal bacteria increase cytokine levels, and irrigating daily leads to a reduction in pro-inflammatory cytokines.
I get questions about oil pulling all the time. Oil pulling originated in India and is described in ancient Ayurveda texts. It is the rinsing and pulling of oils (usually coconut) for around 20 minutes and then spiting out the oil. So why coconut oil? It's an edible oil and it is very rich in Lauric Acid. Lauric Acid is anti-inflammatory and anti-microbial. I generally tell patients that it is a good tool in conjunction with proper brushing and irrigating.
Due to the increasing number of professional articles released relating oral health and systemic health I'm sure that we will be able to dive in deeper in future blogs. One additional note, let's be clear that our goal is a healthy microbiome not total bacteria annihilation!
I think we all agree that love makes life worth living, and I am in awe of this timeless advice. We must physically and spiritually guard our hearts, not just this month but everyday to live in optimal wellness.
Cheers! A Valentine's toast to our hearts and our gums, and there's nothing more attractive than a beautiful smile!
I believe that spending the majority of my life in Texas gives me the authority to call it home. I was raised in by two extremely loving parents, and there was no question that my brother and I were their world! That being said when it came to healthcare and nutrition my parents never swayed from the recommendations of our well-intended, but very conventional medical doctors.
Growing up in Houston I loved the arts and I dreamed of working in a gallery in France. Rivaled only by my interest in Biology, because the miracle of life and the complexity of creation are areas that have always fascinated me. I figured college was the perfect place to pursue both. Fast forward a little bit and I am sitting in a college class where I am studying the cute guy next to me much more than the course material. We got married in 2006, and we still are easily distracted by each other today!
Before the wedding I was blessed beyond my imagination with acceptance into the University of Texas Health Science Center Dental Program in San Antonio. Blending the art of restorative dental work with the science of dentistry seemed to be a great way to pursue both of my passions. With my path set (or so I thought) I headed down to San Antonio to begin my dental education.
Prior to 2005, I had never heard of holistic dentistry much less met any type of alternative medicine practitioner. Let's be real- I didn't even know what hummus was! This is where things begin to get Accidentally Holistic. In the midst of wedding planning and preparing for dental school graduation, I was informed that my Mother had a kidney tumor. I was shocked! She seemed so healthy. My mind swirled with whys. What caused this? What can she do to heal? All of the internet research and conversations with doctors left me frustrated and even more confused. The answer was surgical removal of her kidney. If the tumor was encapsulated she lived, if it was not she would eventually die of renal cell carcinoma. The beautiful part of the story is that she is a cancer survivor.
Believe it or not, two years later my Father was also diagnosed and treated for renal cell carcinoma. I remember thinking that surely this was some kind of twisted joke…what are the odds that spouses would be diagnosed with the exact same cancer in a 2 year spread. A fire was sparked- I was in pursuit of answers. Toxicity and cancer consumed my thoughts and my conversations, I would talk to anyone willing to listen. A dear mentor of mine (a dental anesthesiologist) led me to Dr. Stuart Nunnally and Dr. Lane Freeman in Marble Falls, Texas. He was wise enough to know that I would not thrive in a conventional dental environment, noting that the recent events in my life had presented me with a curiosity that would require a different approach to not only my practice, but my life as well.
The first observation I had in Marble Falls was a fascinating concentration of passionate dentists, doctors, and patients. This office was different than any other dental office I knew of, not only because of the procedures, but also because you could feel both love and perseverance once you crossed the threshold. The doctors and the patients were both fighting. Fighting for answers, fighting for wellness, and some were fighting for their lives.
The entire car ride home, all I kept thinking about was how many of the patients I interacted with throughout the day had such similar stories to that of my mother and my father. Looking back, it is clear that this simple day of observation, tied together so many of the loose threads in my life that had been dangling since I first became fascinated by biology, but at the same time captivated by art. I now see with clarity how art, science, health, and wellness can all converge.
I felt God gently lowering my walls against holistic dentistry, living in a small town, and making a turn in my career that I never had envisioned. Today I partner with dentists I love and respect, and honestly as cliche as it sounds I feel sometimes like I need to pinch myself.
Grace is putting the finishing touches on her Easter Nest desserts for brunch. One of our guests is vegan, and these treats are vegan, gluten-free, and contained no refined sugar (except for the eggs- a little splurge). We combined: ½ cup organic peanut butter ¼ cup local honey ¼ to ½ tsp sea salt ¼ cup coconut oil In a sauce pan over low heat. Then added: 1 tsp organic vanilla 2 TBS cocoa powder Stirred in a heap of unsweetened organic shredded coconut 🥥. I dropped the nests on a parchment covered cookie sheet, and girls shaped them, then placed the eggs. They are chilling in the fridge and the girls are so excited to present them after church tomorrow 🐥💐.
So... think Thelma and Louise shopping for antiques + one ride or die Mama... meanwhile, Bramer kept these beauties thriving while we had all the fun!


Aapdaj Gharma No Entry is a 2007 Indian Gujarati costume drama film released on 2007. The film is directed by Tushar Joshi. Check out this page for more updates on Aapdaj Gharma No Entry.
This page provides latest and updated information about Aapdaj Gharma No Entry (2007) movie which released on 2007. Aapdaj Gharma No Entry (2007) is directed by , produced by , starring .We have also provided 0 trailers and videos, 0 photos, 0 user reviews, and 0 critic reviews.You can review, like, dislike this movie and also can add to favorites. You can also find information on showtimes, CDs, DVDs, online rental, online free watching.


Warm up: 10 jumping jacks,10 reverse lunges, 10 side to side lunges, 10 leg swings, 10 ankle rotations each way, Samson/calf stretch.
Cool Down: 3 sets: 10 dynamic planks, 10 vups, 10 Russian twist on Bosu.
Warm up: 2 minutes jump rope, 10 mountain climbers, 10 knee to chest, 10 figure four, 10 over/under both ways, 10 leg swings, Samson/calf stretch, ankle mobility.
Run: 10 x 100m, recover 100m.


Turkey is planning to deploy air and naval forces to Qatar to add to its already existing ground troops in Qatar. However, there is no specific timeline for the move.
"According to the agreement signed between Qatar and Turkey in 2014, all ground, air, and naval forces will be deployed to Qatar," said Turkish ambassador to Qatar Fikret Ozer.
Ankara and Doha would determine the 'timeline of the construction of the necessary infrastructure and when these forces will be deployed through talks,' he said.
The initial batch of Turkish arrived at the Tariq Bin Ziyad military base in 2015. The camp, located south of Doha, is Turkey's first such installation in the Middle East and can accommodate up to 5,000 soldiers.
The envoy refused to reveal the number of Turkish forces in Qatar. "That information would be disclosed if our Qatari brothers agree to share that. We're guests here. They're the hosts," he said.
Turkey is also urging to resolve the ongoing crisis between Qatar and Saudi-led bloc.


Every week our chefs prepare a range of delicious traditional dishes so that you don't have to cook for Shabbat. There is a selection of Ashkenazi and Sephardi favourites such as Chicken Soup, Borscht, Chopped Liver, Salt Beef, Roast Chicken, Tsimmes, Moroccan Fish, Apple Strudel and Sachertorte. We have a range of fresh challot and can also supply wine. And if you are spending Shabbat away from home in, for example, a hotel, we can also provide you with china and cutlery.You can place your order using the form below or alternatively please call us on 020 7624 2013 or 020 8376 5975, if you have any special requirements.
Free delivery on all orders of £40 and above.
Orders should be placed by 10am on Thursday.


text:
Children's home shuts suddenly as police launch investigation
Officials have released statements
Elaine Davies
Updated 20:10, 1 NOV 2018
Police are investigating (Image: Getty)
Accommodation at a boarding school for special needs children has shut suddenly over safeguarding concerns - prompting a police investigation.
Registration at the children's home at the Kisimul School, in Swinderby, has been suspended, according to officials.
Lincolnshire County Council has confirmed that arrangements are being made to find alternative provision for children based at the home.
How this Lincolnshire school went from being in special measures to the 'school of the year' in just over three years
Heather Sandy, assistant director of Children's Services at Lincolnshire County Council, said: "Ofsted have informed us that they have suspended the registration of the children's home at the Swinderby site of the Kisimul group of schools, after they were made aware of serious safeguarding concerns.
"These concerns have been referred to the police, who will be leading an investigation.
"Where we do have children placed at the home, we are working together with parents and carers and making arrangements to find alternative provision."
School bus reinstated by council after pressure from furious parents
But she added that the school is still open and has retained its Ofsted rating.
She said: "This does not affect the Kisimul School, which remains an outstanding school."
The school has been given the highest rating during its last two inspections, including one in 2016 and one in 2012.
An Ofsted spokesperson added: "We have suspended the registration of the children's home after being made aware of serious safeguarding concerns. These have been referred to the police and relevant local authorities.
"It would be inappropriate to comment further while an investigation is under way."
A spokesperson for Kisimul School said: "At Kisimul School the safety of our pupils is our top priority. We are committed to delivering high quality care and education and providing a safe environment for the children we work with.
"Our primary focus at this time is to ensure that all of the young people at the children's home are properly supported and cared for. We are working closely with parents, local authorities and social workers to ensure that our young people are temporarily moved to the most appropriate alternative accommodation while this investigation is underway.
"We take all allegations very seriously and always ensure they are thoroughly investigated, in conjunction with the relevant external bodies. Our staff are fully co-operating with the police as they conduct their investigation. As this is ongoing it would not be appropriate to comment further at this stage."

redpajama_set_name: RedPajamaCommonCrawl


Hi, I'm Leon, Emma's dad. By now I'm sure you've heard that Emma passed away in April 2017. Before she died, Emma asked Tamra (Emma's mum) and I to take over Dear Melanoma. She had witnessed phenomenal progress in cancer treatment since her diagnosis, and although too late for her, she hoped others could be spared her fate. So, always thinking of others, it was Emma's dying wish that Dear Melanoma would continue to promote sun safe behaviour and raise funds for melanoma research.
Tamra and I have accepted the challenge! But we realise Dear Melanoma won't be the same without Emma. She was a powerful writer, and I can't promise the same level of elegance in my blogs. But we do share her passion for promoting sun safe behaviour and melanoma research. And we certainly want to spare others the agony of losing a precious loved one. Therefore, I'm hoping that our passion and the importance of continuing Emma's legacy will provide some compensation. So be gentle on us...and remember we are only on our training wheels!
As you can imagine, it's hard coming to terms with Emma's death. So at this point I'm just not ready to relegate Emma to the past tense. I'm sure that a little further down the track such a change will make more sense. But for now, Emma's introduction will remain just as she wrote it.
So let's start again. Welcome to Dear Melanoma?
Hello there! My name is Emma Betts and I'd like to welcome you to my life and Dear Melanoma.
Dear Melanoma is an honest account of my 24 year old life with Stage 4 Melanoma, which is a terminal diagnosis. It's all about the hopeful and happy highs, the heartbreaking lows, and everything in-between. Yes, you'll probably cry...but I'll make you laugh, too. Pinkie promise!
Please join me. I want you to be part of my life. Celebrate the wins. Comfort me when the not-so-good happens.
Most importantly, I want you to join me to make a difference. I want you to practice sun safe behaviour. I want you to teach your children to be sun smart. I want you to be an advocate for increased access to treatment options. I want you to help me raise money for research.
No, actually, I NEED your help.
I'm in this for the long haul. Are you with me?


Patients who come in with bursitis often ask for treatment of pain in the shoulder, lower back, knee, elbow and hip. Typical treatment for bursitis includes rest and rehabilitation for the affected areas; however, often times the areas affected are essential to our everyday movement. Because flare-ups can often occur in individuals who have already experienced bursitis, some doctors will prescribe anti-inflammatory drugs or injections of steroids.
Acupuncture works towards balancing the qi and flow of energy in the body. The reason why acupuncture is often so successful with conditions related to pain and inflammation is due to its stimulation of the central nervous system to help release neurotransmitters such as endorphins, which act as natural painkillers, as well as increasing blood flow. Patients who come in for bursitis often times find immense relief with acupuncture treatment as it helps with pain and inflammation.
In a 2007 observation conducted by Sheng et al., researchers examined the effectiveness of acupuncture with bursitis via shoulder pain. The results of the study indicated that acupuncture had a high rate of efficacy among patients and produced promising results.


Mount Meru — Just Kilimanjaro (T) Ltd.
Elevation – 1500m to 2500m. Time: 3 – 4 hours. Habitat – Montane Forest.
Elevation – 3550m to 4256m to 2500m, Time: 8 – 10 hours. Habitat – Semi Desert, Alpine Desert, Montane Forest.


text:
Amelia Island Blitzing Football Fans for 2015 TaxSlayer Bowl
ameliaprivateeye December 8, 2014 0 Comments
Business News, Football, Island Info, Travel
football, TaySlayer Bowl
Northeast Florida Destination, Amelia Island, is offering Fan-tastic discounts and a sweepstakes, too for the 2015 TaxSlayer (Gator Bowl)
Amelia Island, FL – Northeast Florida's Amelia Island is preparing for the 2015 TaxSlayer Bowl, which is scheduled for January 2, 2015 at Jacksonville EverBank Field. Football fans from around the country will gather to watch the Tennessee Volunteers face-off with the Iowa Hawkeyes in an exciting football showdown. With breathtaking natural beauty, world-class resorts, delectable dining and more. Located just 45 minutes from the stadium, Amelia Island is the perfect game day home base for players and fans of the TaxSlayer Bowl.
This year, the Iowa Hawkeyes are staying at the Omni Amelia Island Plantation in preparation for the big game, and Amelia Island is rolling out an assortment of special deals and packages for visiting fans.
As an added bonus, the Amelia Island Convention & Visitors Bureau is giving one lucky fan a four-day, three-night trip to enjoy the 2015 TaxSlayer Bowl. The trip includes two tickets to the TaxSlayer Bowl, accommodations at Omni Amelia Island Plantation, two passes to the TaxSlayer Bowl Touchdown Party, and a $500 travel voucher (in the form of an American Express or Visa gift card). To enter for a chance to win the trip, visit taxslayerbowlgetaway.com.
Several of the island's award-winning resorts and hotels are offering discounted specials and packages for the TaxSlayer Bowl.
Offers are listed below:
Amelia by the Sea
TaxSlayer Bowl guests can enjoy a 20 percent discount when staying at Amelia by the Sea. The guest must mention the TaxSlayer Bowl discount when calling to make reservations.
800-335-0984, ameliabythesearentals.com
Amelia Hotel at the Beach
At Amelia Hotel at the Beach, guests for the TaxSlayer Bowl can enjoy rates starting at $99 per night, which include the hotel's standard amenities, such as Hot & Healthy Breakfast buffet, a wet bar, microwave, mini-fridge, coffee maker with Starbucks coffee, HBO and Wi-Fi. The Rate Code with this special is "GATR".
877-263-5428, ameliahotel.com
Amelia Island Hampton Inn at the Beach
The Amelia Hampton Inn at the Beach is offering a TaxSlayer Bowl Staycation with two options. Fans can reserve two nights (Dec. 31 through Jan. 2) starting at $109 per night (plus tax), or four nights (Dec. 31 through Jan. 4), with rates starting at $99 per night. Both packages include complimentary breakfast buffet each morning. Reservations must be made by calling the property directly.
904-321-1111, ameliaislandhamptoninn.com
Days Inn and Suites Amelia Island
With the Days Inn and Suites Amelia Island TaxSlayer Tailgate Package, guests can arrive to a room prepped with tailgating essentials, including a six pack of Bud Light, plastic cups and a $25 Publix Gift Card. The package also includes two vouchers for Bloody Marys at the hotel's Seabreeze Lounge, and complimentary late checkout for the morning following your game day celebrations. To book the TaxSlayer Tailgate Package, call the Days Inn and Suites Amelia Island directly.
904-277-2300, ameliaislandbeachhotel.com
Elizabeth Pointe Lodge
The Elizabeth Pointe Lodge is offering a TaxSlayer Bowl Package for Vols and Hawkeyes fans. Starting at $540, the package includes a two-night stay, and choice of a complimentary night of ribs and beer for two (one serving per person) or Sunday Brunch for two. The package is available for stays between January 2 and 4, and is only available by calling the property direct. Guests much mention the TaxSlayer Bowl when booking.
904-277-4851, elizabethpointelodge.com
ERA Fernandina Beach Realty
ERA Fernandina Beach Realty is offering special discounted rates for TaxSlayer Bowl. Guests staying with Fernandina Beach Realty for three nights will receive the fourth night free and a 10 percent discount. The offer is subject to availability.
800-741-4011, ameliavacations.com
Fairbanks House
Fairbanks House is offering a fourth night free to fans who check in December 29, 30 or 31. Rates start at $185 per night for two and include daily two-course breakfasts, plus evening adult beverages and hors d'oeuvres. Fairbanks House offers two, two-bedroom units for those traveling with friends. Use code GATOR15 on your online reservation for the free night.
888-891-9882, fairbankshouse.com
Omni Amelia Island Plantation
The Omni Amelia Island Plantation is offering a special rate for guests ringing in the New Year with a trip to the TaxSlayer Bowl. Located only 30 minutes from EverBank Field, the Omni Amelia Island Plantation offers luxurious resort accommodations featuring first class amenities and activities. Use promo code "football" for a 15 percent discount off the best available rate.
904-261-6161, omniameliaislandplantation.com
Residence Inn, Amelia Island
The Residence Inn Amelia Island is offering an incentive for guests to celebrate New Year's Day and the TaxSlayer Bowl with them. The hotel is providing guests with chilled champagne splits and party favors upon arrival, a complimentary welcome reception, and special TaxSlayer Bowl rates discounted 10 percent. Guests will enjoy a spacious suite featuring full kitchen, dining area, and separate sleeping and living areas; a full hot complimentary breakfast with new iced coffee bar; and cozy firepit out on Tides Terrace. The promotion applies to stays between December 30 and January 2. Visit bit.ly/taxslayerbowl to book your stay or call 866-245-6099 and mention booking code SPO.
866-245-6099, residenceinnameliaisland.com
Summer Beach Resort
Summer Beach Resort offers a variety of private, oceanfront accommodations, including villas, townhomes, and luxury condominiums. For the TaxSlayer Bowl, guests at the resort can pay for two nights and get a third night free in select two-bedroom units.
800-862-9297, summerbeach.com
The Villas of Amelia Island Plantation
Fans of Tennessee and Iowa can enjoy a 15 percent discount on their stay at The Villas of Amelia Island Plantation. The Villas of Amelia Island Plantation offers luxurious resort accommodations featuring first class amenities and activities. Guests can use promo code "football" to enjoy 15 percent off the best available rate.
904-261-6161, villasofameliaisland.com
Several of the island's other hotels and resorts still have availability for the 2015 TaxSlayer Bowl. Visit www.ameliaisland.com/accommodations for a full list of accommodations.
All packages and special offers are based on availability. Restrictions apply based on individual property. Please contact individual properties for restrictions and to book a package.
If you enjoyed this post, please consider leaving a comment below or subscribe to the feed to have future articles delivered to your e-mail and get the latest Amelia Island News, business, tourist activities and videos every morning!
You can also choose to follow SearchAmelia on Twitter to get your daily updates!
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Nautica Apparel, Inc. v. Majestique Corporation
Bergsman*
Adlin
Party: Nautica Apparel, Inc. v. Majestique Corporation
Applicants: Sailboat design [Clothing (Class 25)]
Opposers: Sailboat design [Clothing (Class 25)]
Precedent of the TTAB
Mailed: January 3, 2018
Nautica Apparel, Inc.
Majestique Corporation
Stephen L. Baker of Baker and Rannells PA,
for Nautica Apparel, Inc.
Gino Negretti of Gino Negretti Law Offices,
for Majestique Corporation.
Before Bergsman, Adlin and Masiello,
Administrative Trademark Judges.
Opinion by Bergsman, Administrative Trademark Judge:
Majestique Corporation ("Applicant") seeks registration on the Principal Register
of the mark shown below for the goods listed below:
Adult novelty gag clothing item, namely, socks; athletic
apparel, namely, shirts, pants, jackets, footwear, hats and
caps, athletic uniforms; athletic footwear; belts; belts for
clothing; bottoms; clothing shields, namely, pads applied to
the underarms of shirts, blouses and sweaters; footwear;
footwear for men and women; footwear not for sports;
headbands for clothing; jackets; leather belts; short sets;
ties; tops; travel clothing contained in a package
comprising reversible jackets, pants, skirts, tops and a belt
or scarf; wearable garments and clothing, namely, shirts;
women's clothing, namely, shirts, dresses, skirts, blouses.1
The application includes the following description of the mark: "The mark consists of
a 'Sailboat.'"
Nautica Apparel, Inc., ("Opposer") opposed the registration of Applicant's mark
under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that
Applicant's mark so resembles Opposer's registered mark shown below for the goods
listed below as to be likely to cause confusion:
Men's, women's and children's wearing apparel, namely,
hosiery, shoes, sneakers, boots, moccasins, undershirts,
boxer shorts, shirts, blouses, trousers, pants, jackets, coats,
suits, bathing suits, bathrobes, slippers, shorts, ties,
neckwear, scarves, socks, hats and caps, gloves and
1 Application Serial No. 85883577 was filed on March 23, 2013, under Section 1(a) of the
Trademark Act, 15 U.S.C. § 1052(a), based upon Applicant's claim of first use anywhere and
use in commerce since at least as early as June 27, 2012.
mufflers, belts and suspenders and foul weather gear, in
Class 25.2
Opposer also pleaded that Applicant's mark is likely to dilute the distinctiveness
of Opposer's marks pursuant to Section 43(c) of the Trademark Act, 15 U.S.C.
§1125(c). However, because Opposer did not discuss this claim in its brief, it is waived.
Alcatraz Media Inc. v. Chesapeake Marine Tours Inc., 107 USPQ2d 1750, 1753 n.6
(TTAB 2013).
Applicant, in its Answer, denied the salient allegations in the Notice of Opposition.
I. The Record
The record includes the pleadings and, by operation of Trademark Rule 2.122(b),
37 C.F.R. § 2.122(b), Applicant's application file. Only Opposer introduced testimony
and evidence, specifically:
A. Notice of reliance on copies of its pleaded registrations printed from the
USPTO electronic database showing the current status of and title to the
registrations;3
2 Registration No. 2769600, registered September 30, 2003; renewed.
In its Notice of Opposition, Opposer pleaded ownership of 16 registrations for its sailboat
design in various classes. Because the description of goods in the above-noted registration is
in part identical to the description of goods in the application, we focus the likelihood of
confusion analysis on that registration. If we do not find likelihood of confusion with respect
to the marks at issue for goods that are, in part, identical, then there would be no likelihood
of confusion with the other pleaded marks for goods that are not identical. See In re Max
Capital Group Ltd., 93 USPQ2d 1243, 1245 (TTAB 2010).
3 36 TTABVUE.
B. Notice of reliance on Applicant's responses to Opposer's Interrogatory Nos. 1,
6, 8, 9, 12, 16, 20 and 24 and Applicant's written response to Opposer's Request
for Production No. 12;4 and
C. The testimony declaration of Margaret Bizzari, Director of Intellectual
Property and Product Liability for VF Sportswear, Inc., Opposer's parent
Only Opposer filed a brief.
II. Standing
Opposer's pleaded registrations are of record and establish Opposer's standing.
Cunningham v. Laser Golf Corp., 222 F.3d 943, 55 USPQ2d 1842, 1844 (Fed. Cir.
2000); Lipton Indus., Inc. v. Ralston Purina Co., 670 F.2d 1024, 213 USPQ 185, 189
(CCPA 1982).
III. Priority
Because Opposer has properly made of record its pleaded registrations, and
because Applicant has not filed a counterclaim to cancel any of Opposer's pleaded
registrations, Section 2(d) priority is not an issue in the opposition as to the marks
and the goods covered by the pleaded registrations. King Candy Co. v. Eunice King's
Kitchen, Inc., 496 F.2d 1400, 182 USPQ 108, 110 (CCPA 1974).
IV. Likelihood of Confusion
probative facts in evidence that are relevant to the factors bearing on the issue of
likelihood of confusion. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177
USPQ 563, 567 (CCPA 1973) ("du Pont") (cited in B&B Hardware, Inc. v. Hargis
Indus., Inc., 135 S. Ct. 1293, 113 USPQ2d 2045, 2049 (2015)); see also In re Majestic
Distilling Co., 315 F.3d 1311, 65 USPQ2d 1201, 1203 (Fed. Cir. 2003). We have
considered each du Pont factor that is relevant or for which there is evidence of record.
See M2 Software, Inc. v. M2 Commc'ns, Inc., 450 F.3d 1378, 78 USPQ2d 1944, 1947
(Fed. Cir. 2006); ProMark Brands Inc. v. GFA Brands, Inc., 114 USPQ2d 1232, 1242
(TTAB 2015) ("While we have considered each factor for which we have evidence, we
focus our analysis on those factors we find to be relevant."). In any likelihood of
confusion analysis, two key considerations are the similarities between the marks
and the similarities between the goods or services. See In re Chatam Int'l Inc., 380
F.2d 1340, 71 USPQ2d 1944, 1945-46 (Fed. Cir. 2004); Federated Foods, Inc. v. Fort
Howard Paper Co., 544 F.2d 1098, 192 USPQ 24, 29 (CCPA 1976) ("The fundamental
inquiry mandated by § 2(d) goes to the cumulative effect of differences in the essential
characteristics of the goods and differences in the marks."); see also In re
i.am.symbolic, llc, 866 F.3d 1315, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017) ("The
likelihood of confusion analysis considers all DuPont factors for which there is record
evidence but 'may focus … on dispositive factors, such as similarity of the marks and
relatedness of the goods'") (quoting Herbko Int'l, Inc. v. Kappa Books, Inc., 303 F.3d
1156, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)).
A. The strength and fame of Opposer's sailboat design mark.
In determining the strength of a mark, we consider both its inherent strength,
based on the nature of the mark itself, and its commercial strength, based on
marketplace recognition of the mark. See In re Chippendales USA, Inc., 622 F.3d
1346, 96 USPQ2d 1681, 1686 (Fed. Cir. 2010) ("A mark's strength is measured both
by its conceptual strength (distinctiveness) and its marketplace strength (secondary
meaning)."); Top Tobacco, L.P. v. N. Atl. Operating Co., Inc., 101 USPQ2d 1163, 1171-
72 (TTAB 2011) (the strength of a mark is determined by assessing its inherent
strength and its commercial strength); Tea Board of India v. Republic of Tea Inc., 80
USPQ2d 1881, 1899 (TTAB 2006); McCarthy on Trademarks and Unfair Competition
§ 11:83 (4th ed. 2017) ("The first enquiry focuses on the inherent potential of the term
at the time of its first use. The second evaluates the actual customer recognition value
of the mark at the time registration is sought or at the time the mark is asserted in
litigation to prevent another's use."). Market strength is the extent to which the
relevant public recognizes a mark as denoting a single source. Tea Board of India v.
Republic of Tea Inc., 80 USPQ2d at 1899.
1. The inherent strength of Opposer's sailboat design trademark.
Because Opposer's sailboat design mark has no apparent meaning when used in
connection with clothing, it inherently distinctive and, thus, a conceptually strong
trademark. See Palm Bay Imps. Inc. v. Veuve Clicquot Ponsardin Maison Fondee En
1772, 396 F.23d 1369, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005) (citing Nautilus Grp.,
Inc. v. Icon Health & Fitness, Inc., 372 F.3d 1330, 71 USPQ2d 1173, 1180 (Fed. Cir.
2004) (defining an arbitrary mark as "a known word used in an unexpected or
uncommon way" and observing that such marks are typically inherently distinctive)).
2. The commercial strength of Opposer's sailboat design trademark.
Opposer contends that its sailboat design mark "meets all the criteria for being
'famous." Fame, if it exists, plays a dominant role in the likelihood of confusion
analysis because famous marks enjoy a broad scope of protection or exclusivity of use
because they have extensive public recognition and renown. Bose Corp. v. QSC Audio
Prods. Inc., 293 F.3d 1367, 63 USPQ2d 1303, 1305 (Fed. Cir. 2002); Recot Inc. v. M.C.
Becton, 214 F.3d 1322, 54 USPQ2d 1894, 1897 (Fed. Cir. 2000); Kenner Parker Toys,
Inc. v. Rose Art Indus. Inc., 963 F.2d 350, 22 USPQ2d 1453, 1456 (Fed. Cir. 1992).
"[L]ikelihood of confusion fame 'varies along a spectrum from very strong to very
weak.'" Joseph Phelps Vineyards, LLC v. Fairmount Holdings, LLC, 857 F.3d 1323,
122 USPQ2d 1733, 1734 (Fed Cir. 2017) (quoting Palm Bay Imps., Inc. v. Veuve
Clicquot Ponsardin Maison Fondee en 1772, 73 USPQ2d at 1694 (quoting In re Coors
Brewing Co., 343 F.3d 1340, 68 USPQ2d 1059, 1063 (Fed. Cir. 2003))). Fame may be
measured indirectly by the volume of sales of and advertising expenditures for the
goods and services identified by the mark at issue, "the length of time those indicia
of commercial awareness have been evident," widespread critical assessments and
through notice by independent sources of the products identified by the marks, as
well as the general reputation of the products and services. Bose Corp. v. QSC Audio
Prods. Inc., 63 USPQ2d at 1305-06 and 1309. Although raw numbers of product sales
and advertising expenses sometimes suffice to prove fame, raw numbers alone may
be misleading. Some context in which to place raw numbers may be necessary (e.g.,
the substantiality of the sales or advertising figures for comparable types of products
or services). Id. at 1309.
Finally, because of the extreme deference that we accord a famous mark in terms
of the wide latitude of legal protection it receives, and the dominant role fame plays
in the likelihood of confusion analysis, it is the duty of the party asserting that its
mark is famous to clearly prove it. Coach Servs., Inc. v. Triumph Learning LLC, 668
F.3d 1356, 101 USPQ2d 1713, 1720 (Fed. Cir. 2012) (citing Leading Jewelers Guild
Inc. v. LJOW Holdings LLC, 82 USPQ2d 1901, 1904 (TTAB 2007)).
Opposer introduced the following evidence to prove that its sailboat design is a
famous mark:5
• Opposer has been using the sailboat design mark on all of its products, including
clothing, since 2001;6
• The sailboat design mark is featured in Opposer's advertising and promotional
materials;7
5We have not considered Opposer's evidence regarding unsolicited media attention because
the evidence refers to the NAUTICA word mark and not the sailboat design. Bizzari
Testimony Decl. ¶¶47-50 (53 TTABVUE 13-14) and Exhibit 8 (53 TTABVUE 104). For the
same reason, the non-precedential cases cited by Opposer have little probative value. Bizzari
Testimony Decl. Exhibit 13 (53 TTABVUE 130-230).
6 Bizzari Testimony Decl. ¶13 (53 TTABVUE 4). Opposer's products include, but are not
limited to, jewelry, watches, eyeglasses, sunglasses, wallets, bags, trunks, sheets, blankets,
and curtains. Id. at ¶¶10 and 15 (53 TTABVUE 4).
7 Bizzari Testimony Decl. ¶¶31 and 32 (53 TTABVUE 10).
• Opposer "advertises and promotes its products in practically every media
channel, including without limitation, print, outdoor (e.g., billboards, bus shelters,
taxi tops, etc.), radio, TV, digital online, POS [point of sale], social media, email blasts,
and mail advertising. [Opposer] also participates in sponsorships and cause
marketing.";8
• Opposer has advertised in magazines such as GQ, In Style, People, Sports
Illustrated, ESPN, Men's Health, Elle Décor, House Beautiful, and Coastal Living;9
• The number of "impressions" annually from Opposer's advertising in print
media exceeds 1 billion;10
• Opposer's clothing products are sold throughout the United States in
department stores and specialty stores, including, but not limited to, Opposer's own
stores, Amazon.com, Macy's, Dillard's, Belk, Bloomingdales, Costco, and other
independent stores;11
• Between 2011 and 2016, Opposer's annual sales in the United States have
ranged between $731,981,000 and $870,291,000;12
8 Bizzari Testimony Decl. ¶34 (53 TTABVUE 11).
10 Bizzari Testimony Decl. ¶41 (53 TTABVUE 12). "The magazine industry publishes
impressions as well as circulation numbers based on one's media buy. Circulation data
calculates the number of pages of media that are circulated. To estimate impressions, the
industry standard is to use about four times a publication's circulation number. It would say
that if you have an ad in People Magazine, four people would see the ad in each physical
magazine." Id. at ¶39 (53 TTABVUE 12).
11 Bizzari Testimony Decl. ¶19 (53 TTABVUE 7).
• Between 2011 and 2016, Opposer's annual advertising expenses in the United
States have ranged between $19,116,000 and $27,875,000;13 and
• Between 2004 and 2007, Opposer ranked second in total sales volume in the
men's sportswear category in the department store channels of trade according to
NPD Group.14
On this record, Opposer's sailboat design mark is not famous because there is no
testimony or evidence that refers to the sailboat design mark separate and apart from
the word mark. A design mark does not acquire fame simply because it is associated
with a famous word mark. Cf. Bose Corp. v. QSC Audio Prods. Inc., 63 USPQ2d at
1308 ("we think those who claim fame for product marks that are used in tandem
with a famous house mark can properly be put to tests to assure their entitlement to
the benefits of fame for the product marks."). There is simply no testimony or evidence
regarding the independent trademark significance of Opposer's sailboat design mark.
Opposer contends, to the contrary, that the fame of its NAUTICA word mark
establishes that its sailboat design mark is famous by association.
There is a symbiotic, reciprocal, concurrent and conjoint
relationship between the NAUTICA word mark and the
Nautica Design Mark. The two marks are used in
conjunction with each other and as a result have become
synonymous with each other. All of [Opposer's] products
are marketed with the NAUTICA word mark and with the
Nautica Logo Mark (either on the product, or on labels
14Bizzari Testimony Decl. ¶44 (53 TTABVUE 13). NPD Group is a "recognized data compiling
company" that "tracks market share in the U.S. for various brands, monitoring consumer
purchase data from over 165,000 stores." Id. at ¶42 (53 TTABVUE 12).
attached to the product, or on hangtags, or on product
packaging).15
Although there is a uniform coupling of the NAUTICA word mark with the
sailboat design mark, the testimony and evidence do not indicate that the sailboat
design alone is recognized by consumers. See Am. Lebanese Syrian Assoc. Charities,
Inc. v. Child Health Research Inst., 101 USPQ2d 1022, 1030 (TTAB 2011) (while
consumers have been exposed to CURE4KIDS, it has not been as a standalone mark
and it is not clear to what extent consumers have had an opportunity to disassociate
CURE4KIDS from ST. JUDE'S CHILDREN'S HOSPITAL and, therefore, the
evidence does not support that CURE4KIDS is commercially strong); H.D. Lee Co. v.
Maidenform Inc., 87 USPQ2d 1715, 1727 (TTAB 2008) ("there is no evidence from
which to infer from opposer's advertising expenses and revenues the extent to which
consumers recognize the ONE TRUE FIT mark standing alone and outside the
context of the LEE trademark."). Compare Bose Corp. v. QSC Audio Prods. Inc., 63
USPQ2d at 1306-07 (consumer presented with frequent references to the product
marks WAVE and ACCOUSTIC WAVE separate and apart from the BOSE house
mark). In situations involving words and designs, the words are normally accorded
greater weight because the words are likely to make an impression upon purchasers,
would be remembered by them, and would be used by them to request the services.
Cf. In re Viterra Inc., 671 F.3d 1358, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012)
(citing CBS Inc. v. Morrow, 708 F. 2d 1579, 1581-82, 218 USPQ 198, 200 (Fed. Cir
1983)); Sweats Fashions Inc. v. Pannill Knitting Co., 833 F.2d 1560, 4 USPQ2d 1793,
1798 (Fed. Cir. 1987).
Nevertheless, the testimony and evidence establish that Opposer's sailboat design
mark has achieved recognition and in view of the distinctive nature of the mark, we
find Opposer's sailboat design mark to be commercially strong.
B. The similarity or dissimilarity and nature of the goods and established, likely-
to-continue channels of trade.16
The goods are in part identical because the descriptions of goods in the application
and Opposer's pleaded registration both include hats and caps, belts, jackets, shirts,
blouses, pants, scarves, and footwear, slippers, shoes, sneakers, boots, or moccasins.
Under this du Pont factor, Opposer need not prove, and we need not find, similarity
as to each and every product listed in the description of goods. It is sufficient that
relatedness is established for any item encompassed by the description of goods in a
particular class in the application. See Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp.,
648 F.2d 1335, 209 USPQ 986, 988 (CCPA 1981); Inter IKEA Sys. B.V. v. Akea, LLC,
110 USPQ2d 1734, 1745 (TTAB 2014); General Mills Inc. v. Fage Dairy Processing
Indus. SA, 100 USPQ2d 1584, 1588 n.1 (TTAB 2011), judgment set aside on other
grounds, 110 USPQ2d 1679 (TTAB 2014).
16 The preface "adult novelty gag clothing items" in Applicant's description of goods applies
only to socks because "[s]emicolons should generally be used to separate distinct categories
of goods … within a single class." TMEP § 1402.01(a) (October 2017); see also In re Midwest
Gaming & Entm't LLC, 106 USPQ2d 1163, 1166 (TTAB 2013) (finding that, because a
semicolon separated the two relevant clauses in registrant's identification, its "restaurant
and bar services" is a discrete category of services that stands alone and independently as a
basis for likelihood-of-confusion analysis, and is not connected to nor dependent on the
services set out on the other side of the semicolon).
Because the goods described in the application and Opposer's pleaded registration
are in part identical, we must presume that the channels of trade and classes of
purchasers are too. See In re Viterra Inc., 101 USPQ2d at 1908 (legally identical goods
are presumed to travel in same channels of trade to same class of purchasers); In re
Yawata Iron & Steel Co., 403 F.2d 752, 159 USPQ 721, 723 (CCPA 1968) (where there
are legally identical goods, the channels of trade and classes of purchasers are
considered to be the same); United Glob. Media Grp., Inc. v. Tseng, 112 USPQ2d 1039,
1049 (TTAB 2014); Am. Lebanese Syrian Associated Charities Inc. v. Child Health
Research Inst., 101 USPQ2d at 1028.
C. The similarity or dissimilarity of the marks.
We now turn to the du Pont likelihood of confusion factor focusing on the similarity
or dissimilarity of the marks in their entireties as to appearance, sound, connotation
and commercial impression. du Pont, 177 USPQ at 567. However, "where the
question of likelihood of confusion to be decided involves design marks which are not
capable of being spoken, the question of the similarity of the marks must be
determined primarily on the basis of their visual similarity." In re Vienna Sausage
Mfg. Co., 16 USPQ2d 2044, 2047 (TTAB 1990).
In comparing the marks, we are mindful that where, as here, the goods are in part
identical, the degree of similarity necessary to find likelihood of confusion need not
be as great as where there is a recognizable disparity between the goods. Coach
Servs., Inc. v. Triumph Learning LLC, 101 USPQ2d at 1721; Century 21 Real Estate
Corp. v. Century Life of Am., 970 F.2d 874, 23 USPQ2d 1698, 1700 (Fed. Cir. 1992);
Jansen Enters. Inc. v. Rind, 85 USPQ2d 1104, 1108 (TTAB 2007); Schering-Plough
HealthCare Prod. Inc. v. Ing-Jing Huang, 84 USPQ2d 1323, 1325 (TTAB 2007).
"The proper test is not a side-by-side comparison of the marks, but instead
'whether the marks are sufficiently similar in terms of their commercial impression'
such that persons who encounter the marks would be likely to assume a connection
between the parties." Coach Servs. Inc. v. Triumph Learning LLC, 101 USPQ2d at
1721 (quoting Leading Jewelers Guild Inc. v. LJOW Holdings LLC, 82 USPQ2d 1901,
1905 (TTAB 2007)); see also San Fernando Elec. Mfg. Co. v. JFD Elec. Components
Corp., 565 F.2d 683, 196 USPQ 1, 3 (CCPA 1977); Spoons Rests. Inc. v. Morrison Inc.,
23 USPQ2d 1735, 1741 (TTAB 1991), aff'd mem., 972 F.2d 1353 (Fed. Cir. 1992). The
proper focus is on the recollection of the average customer, who retains a general
rather than specific impression of the marks. Geigy Chem. Corp. v. Atlas Chem.
Indus., Inc., 438 F.2d 1005, 169 USPQ 39, 40 (CCPA 1971); L'Oreal S.A. v. Marcon,
102 USPQ2d 1434, 1438 (TTAB 2012); Winnebago Indus., Inc. v. Oliver & Winston,
Inc., 207 USPQ 335, 344 (TTAB 1980); Sealed Air Corp. v. Scott Paper Co., 190 USPQ
106, 108 (TTAB 1975). Because the goods are clothing items without any restrictions
or limitations as to price point, the average customer is an ordinary consumer.
The marks are shown below:
Opposer's Mark Applicant's Mark
The marks are displayed on the left breast of knit shirts and on hang tags as
shown below:
When the marks are seen by ordinary consumers, what will be remembered is a
sailboat with billowing sails. The basic and obvious similarities between the marks
outweigh the differences. In fact, in some ways Opposer's mark appears to be a
portion of Applicant's mark facing the opposite direction. The differences between the
marks, if noticed, may even suggest to viewers that Applicant's mark is another
version of Opposer's mark adopted to identify a different line of clothing. In this
regard, the sailboat design used to identify and distinguish the source of Opposer's
clothing is inherently distinctive, as well as commercially strong, and, therefore,
entitled to a broad scope of protection.17
We find that the marks are similar.
17 Because Applicant did not introduce any testimony or evidence, there is no testimony or
evidence regarding third-party use of sailboat designs to identify and distinguish the source
of clothing.
D. Analyzing the factors.
Because the marks are similar, the goods are in part identical and we must
presume that the goods move in the same channels of trade and are sold to the same
classes of consumers, we find that Applicant's sailboat design mark for clothing
is likely to cause confusion with Opposer's registered sailboat design mark for
Decision: The opposition is sustained under Section 2(d) of the Trademark Act
and registration to Applicant is refused.
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atoga
Location: Coney Island
no way is the writing going to be good
loads of real life people who I don't think I've ever talked about games with are talking about FO4 in glowing terms and it does make me feel slightly sad since the originals meant so much to me when I was like 12-13, but it isn't in me to be that guy who starts going on and on about how it's not a real RPG or whatever
dunno why you guys are considering spending time on this kind of mediocrity, life's too short to play any game that isn't at least a 9/10
SenisterDenister
Location: Cackalackyland
It's more of Fallout 3. Liberty Prime shows up again and the Brotherhood wants you to lead them in a fight against the commonwealth. There's only two endings, and the ending cinematic is the same regardless of which ending you choose. Also Ron Perlman doesn't narrate it.
Also there's no ammunition types and the crafting system is bunk. Perks only modify stats by percents and don't actually affect gameplay beyond that since skills were merged with them. Reputation system isn't there, and I've heard Karma isn't either.
It's like Bethesda just ignored New Vegas ever happened, swept all the gameplay it added under the rug, and proceeded from Fallout 3 and somehow made everything worse.
SenisterDenister wrote:
I had no idea that they removed skills, that's kind of funny actually. aren't they risking alienating people who came to the series with FO3?
they simplified it even more than I thought they would dare, got to admire their nerve, cot damn
please tell me you're shitting me
Vault Elite
It's just dumbed down from being dumbed down, that's how bad it has become... Sure, It's a fun game to pass the time with but eventually the world will start to feel bland, boring and lifeless...
- The character dialogue is atrocious, I find myself clicking on answers just to realize that's nothing what I had in mind of saying...
- They force the story into you by driving this cut and paste Hollywood drama situation where you have to find your missing son (fucking original idea there guys!).
- Most quests deal with go to a place of raiders and kill them all.
- There's a faint sense of having dialogue options really have any meaning in the game (basically there is no way in winning the entire game without killing a motherfucker.).
- The graphic's are not really that huge of an improvement, the engine is outdated. The facial animations although improved as well are cringe worthy.
- The game give you everything by the very start! A power armor, faction leader status, energy weapons, a dog. It just feels like nothing is rewarding.
- Why are there deathclaws here? Why are the mutants here? Nothing seems to be explained. (although I have not yet gone through the game even 50%, I really doubt this will be explained... Knowing Bethesda)
It's really just a Skyrim with guns but dumber and more without meaning to any actions.
- The power armor is more of a vehicle now and not a piece of clothing, It feels right for it. It can be stored in your inventory as pieces or can be left at a power armor station where you can modify and repair it.
- Armor is now put into pieces, as in braces and chest pieces and can be added onto your existing clothing.
- The settlement system is a fun way to occupy your time but really could have just been left with the modders, this probably just took out more quest design off the core game.
- Feral Ghouls, you can shoot their limbs off and they will keep coming at you.
- Guns feel more powerful.
Again, I'm not even 50% into the game but it all seems too familiar to Fallout 3, it seems they chose to go with nothing, zero, zip, zilch, nada with what New Vegas had to offer...
They worked on this for seven years? My fuckin ass they did.
EDIT: http://www.metacritic.com/game/pc/fallout-4 The user reviews are showing the game in a negative light.
Shit sux. Here's hoping Obsidian gets another whack at a spinoff.
FA Mount
Scarf-wearing n00b
Frankly I was all in on them making it a fps/action game rather than those pathetic excuses for RPGs they've been pumping out because it meant they'd have less to fuck up but when combat is this bad, there's really no point.
As it stands, it looks exactly like what they've been making since Oblivion; an open world that exciting and novel for a period of time inversely proportional to how many bethesda games you've suffered through -any more than 4 should make this one's shelf life about 2 or 3 hours- after which point you'll realize you're, again, a glorified garbage collector and hopefully never touch it in your life. Unless you've never actually played a bethesda game before. In that case, lucky you, you're exactly who they're aiming for. Enjoy and brace for continuous disappointment.
I doubt I'll ever play this, like Fallout 3. I'll pretend it never happened.
On a more positive note, having finished it once (which doesn't mean much, the game is proper short for an RPG), AoD is pretty fucking good.
It's as if someone shoehorned a wrpg into something like Way of the Samurai and then blew the paths to the end(s??) ocean-wide. Except you're not put there to solve every problem for every NPC, just to scrape by with what your stats/character archetype allow(s), ie- very little. Which sounds meh but works wonders as far as replayability is concerned.
The writing is certainly debatable, but I enjoyed most of it. It's very down to earth and direct (thus refreshing if you're particularly bothered with rpg writers trying to go ye olde-style and cringing it all to fuck) but it tends to make for some anemic characters here and there. Interaction with some of these is all too reduced for you to get a sense of their personality at best; at worst your chosen archetype places these characters completely beyond your reach- can't expect a pleb to walk into the palace for a chat with the ruler.
Combat is either a nightmare or enjoyable depending whether your character is a fighter or not (and if he is, how good he is at it; you will at some point run into some enemy that will have you pulling your hair out trying to beat it). Having not done a non-fighter run I can't really speak to how well or how easy it is to avoid but it *is* something you will be doing with different degrees of success based on your skills/stats. If you do fight, expect Dead State, except better. Different weapons are suited for different tactics and 2 different defensive strategies add to the mix. Again, can't pass much of a judgement but I can see how 2 different characters with different weapon specializations will play very differently, even if the number of weapons and the absence of magic might make it seem as though the playing field is limited.
Skills and stats bear some thought. Most of the stuff you can do is tied to the former, whereas some is tied to the latter. The problem here is stats don't ever increase (with a couple of exceptions that to my knowledge don't influence stat-checks) so it's annoying to be halfway into your game and be deemed unfit to clear a barrier your character should be able to clear, only because the game thinks fighters should have 7 constitution or loremasters 10 intelligence or something. Fortunately most of these checks fall into skills which you definitely can alter and to it's point, character growth is intuitive enough, so long as you get it (and you're warned about it) into your skull that "multi-classing" does not work. Play a thief, choose thiefy skills. That simple.
Mechanically it's... eh. It's low budget, put it like that. Music/sound is functional at best. Combat tune gets grating after a short while but it's a minor complaint.
5 or 6 crashes in 5 or 6 hours, made all the less aggravating by the game's insistence in autosaving at every fight/every loaded map.
Pretty premature wall o'text to write but I do like what I've seen. So long as you're willing to accept it for what it is, a RPG with a difficulty/accessibility paradigm straight out of a rogue-like, you're gonna enjoy it. And even if you don't, it's unique in that it isn't Bioware or Black Isle or any of the usual suspects, it's got some cool ideas in it and the setting (romans/egyptians with some hi-tech thrown into the mix) is original enough that it should warrant playing.
As a side-note, the endings (at least the ones I've found) are shit as fuck. Fuckshittery of magnifinormous proportions. Why bother with all the choice, all the checks and whatnot to give us 2 shitty paragraphs? And not even a credit roll? Boo, I say.
Can't even tell the truth about his height.
You're telling us Bethesda's writing woes go as far as not being able to get a number right?
'ere all week.
I hate that I still have to explain why Fallout 3 was poor, at least in terms of its lineage, and occasionally that New Vegas was good. It's like an itch behind my eye, like the Ancient One larvae in my skull is, for the first time, in more pain than I am.
Amis, I appreciate that input. I'd really like to establish a thread where we outline everything we appreciate and everything we dislike. Make it fucking concrete and obvious so that anyone who comes to the site can't say it wasn't easy to find. Ultimately, a huge PRO/CON list with following paragraphs going into detail to explain what we're talking about. Make it blatant. Make it unified.
To double down, we might even suggest modders that corrected the biggest flaws or added the best boons to New Vegas-- relative to the complaints in Fallout 4-- so that the page can identify clear solutions to our grievances. That's simultaneously complaining and offering competent solutions. It'd silence all the critics who say our communities are just crotchety dicks who can't be satisfied.
I caved and played the other Shadowrun games. wall of text, let's go...
Hong Kong is in need of editing. it seems like they were so close to making a near-perfect game but they weren't willing to rigorously critique it, so things ended up a bit flabby-n-sick.
the main problem is that the dialogue is really inconsistent and there's too much of it. almost every vendor in the main hub has a personal story for you, many of which are tedious and tangential as shit. you're meant to be an outsider in a place that is very suspicious of people who are not its own, so it's hard to get past the ridiculousness of people dumping their life stories on you like it's nothing. there is still some great writing though, so my guess is that they kept Dragonfall's writing staff but also made a bunch of new, not-so-good additions. it's a shame that they were afraid of telling stories more subtly in this one, since the NPCs who don't hit you over the head with text stand out as much more interesting (eg. there's a cheerful drone salesman addicted to personality altering-chips, and if you're observant when talking to him you gradually get a picture of how shitty and depressing his life is, despite his attempts to cover it up�nice and simple characterization there, no bullshit elaborate backstory needed).
there are some nice touches to remind you that you're in Hong Kong (feng shui, xenophobia, floating marketplaces/squatter collectives) but overall the city feels a bit generic compared to Berlin in Dragonfall, where anarchism and strong German political views were in your face always. also, it's supposed to be a corporate police state, and your character is supposed to be a wanted terrorist or some shit, but once the intro's over you don't have a single run-in the law. the result is that the main plot (which is pretty good, I prefer it over Dragonfall's, at least tonally�it's fucking weird and feels very personal) ends up bookending the game, but during the middle 80% it just lingers in the background, doing nothing. again, this compares unfavourably with Dragonfall, which constantly reminded you that you were being hunted by unsavoury types�they ambushed you on the subway, eventually found and wrecked your kiez, etc.
the removal of very hard difficulty (why???) is another strike against it. in both games I intentionally played a negotiator-type who would be pretty useless in combat in the hopes of making things more interesting. Dragonfall Direktor's Kutte had a bunch of fights that were pretty rough and a few brutal ones; Hong Kong, barely any challenge. the revamped matrix is really vexing too. strong concept (evading watcher programs as they attempt to trace you feels very Shadowrun matrix-y) but they fucked it up with the fiddly real-time execution.
despite all this, the runs unrelated to the main plot are all great (still the best part of the game, as with Dragonfall). each is interesting and unique, with choice and consequence, lots of different moving parts, etc., so the game is worth playing off the strength of those. NPC companions are all great too, and arguably a step up.
while it has problems, most of them seem easily addressed (rewrite or cut the dialogue where it gets shit; put a couple runs related to the main plot in the middle where you have to deal with police or something; make everything more challenging) so hopefully a Director's Cut will fix most of this fuckery and it will feel like Dragonfall 2.
Returns is forgettable. first third is OK as an ultralinear noirish detective game, but then it swiftly degenerates (Bloodlines-style) into hack-n-slash and nonsense writing. there's only two optional runs and both are nothing-ass linear dungeons with... more mandatory combat. the most positive thing I can say about it is that the vibe at the Universal Brotherhood reminded me a bit of the Cathedral in Fallout 1.
New Vegas next, got a lot of catching up to do.
You should go through Danny's New Vegas mod list for stuff, it's got some good ones in there.
Retlaw83
Goatse Messiah
I just went through the one ending for it - there's actually a point where the main quest branches off and you get about 6 hours of quests exclusive to that path. This branching works like most of the game - it works, but is handled gracelessly.
Skills are no longer a thing and are wrapped up into perks. This is a mixed back. It's a good improvement for things like lockpicking and science, which only were useful at 25 point intervals and thus make for good perks. This translates poorly for things like weapons, where taking certain perks that apply to certain weapons give you a huge jump in damage.
Settlement building is fun. So is weapon and armor modding. The armor, however, is a shit show. There are few full-body sets of armor that don't allow you to wear the new modular armor pieces over them. Modular armor plus an upgrade vault suit are by far the strongest non-power armor combination, and the system is awkward because there's a ton of things like suits and dresses that should be thin enough to slap armor over, but it won't let you.
This was the first time in any Fallout game I genuinely felt like I was wearing power armor. Stomping out into a hail of gun fire, blasting back until nothing moved, then dragging my blasted suit back home for repairs was the best combat experience I've had in any game in awhile.
The graphics are actually pleasantly surprising, the new lighting engine is impressive, and the character actually look like people now.
The dialog that is present is actually pretty entertaining and well written, which shocked me. They make up for this by giving so little of it, it doesn't fucking matter. You can't talk to anyone but companions outside of quest-related dialog, and each set of dialog is sarcastic response that means yes, yes, no and a question that will either bring you back to the dialog wheel or count as yes. Persuasion attempts are a percent chance based on charisma and are a joke. Because there are so few dialog options, you're really playing the character Bethesda envisioned for you - if you wanted to make up your background or how your character is reacting to turns of events, forget it. Looking back at the E3 videos, it's clear they went out of their way to pull the wool over our eyes about how the dialog was going to be in practice.
Bethesda has gone out of their way to obliterate some of the more lore-unfriendly stuff in Fallout 3 - the Brotherhood's new outlook on things is refreshing - but added in more lore unfriendly stuff. It's never explained why super mutants are in the Commonwealth, or where their mutant dogs come from. Raiders are again just generic raiders. I found two towns that weren't my own settlements in the game. Everything else is trying to kill you.
Overall, it's fun, but it shouldn't have had a 4 slapped after it because it's not a Fallout RPG. If you take it as an action-adventure spinoff set in the Fallout universe, it's a lot easier to swallow.
I'm just hoping they give Obsidian another crack at this and don't force them to use a voiced main character. I'm going to hang it up for now and go back to New Vegas and use that T-60 armor mod that came out. Final verdict is it's better than Fallout 3, but that fruit is so low hanging I don't know what an accomplishment that is.
A friend of mine told me it was the best Bioware game Bethesda ever made and if you approach it like one would approach something like Mass Effect 2 it becomes a lot better.
Posted: Wed Dec 02, 2015 11:59 pm
if you approach it like one would approach something like Mass Effect 2 it becomes a lot better.
From afar and with a pointy stick?
Pretty much. I have no intention of ever playing it.
https://www.youtube.com/watch?v=2483D_OVoUA


text:
Myocardial infarction causes inflammation and leukocyte recruitment at remote sites in the myocardium and in the renal glomerulus
Ruparelia N., Digby JE., Jefferson A., Medway DJ., Neubauer S., Lygate CA., Choudhury RP.
Rationale and Objective Acute myocardial infarction (AMI) results in the recruitment of leukocytes to injured myocardium. Additionally, myocardium remote to the infarct zone also becomes inflamed and is associated with adverse left ventricular remodelling. Renal ischaemic syndromes have been associated with remote organ inflammation and impaired function. Here, we tested the hypothesis that AMI results in remote organ (renal) inflammation. Methods Mice were subjected to either AMI, sham procedure or no procedure and the inflammatory response in peripheral blood, injured and remote myocardium, and kidneys was studied at 24 h. Results AMI resulted in increased circulating neutrophils (P < 0.001) and monocytes (P < 0.001). mRNA for inflammatory mediators significantly increased in infarcted myocardium and in remote myocardium. VCAM-1 mRNA was increased in both infarcted and remote myocardium. VCAM-1 protein was also increased in the kidneys of AMI mice (P < 0.05) and immunofluorescence revealed localisation of VCAM-1 to glomeruli, associated with leukocyte infiltration and increased local inflammatory mRNA expression. Conclusions We conclude that in addition to local inflammation, AMI results in remote organ inflammation evidenced by (1) increased expression of mRNA for inflammatory cytokines, (2) marked upregulation of VCAM-1 in renal glomeruli, and (3) the recruitment and infiltration of leukocytes in the kidney. © The Author(s) 2013.


text:
Guns and butter dilemma
Arif Nizami
Its time Sharif smelled the coffee
Nawaz Sharif has perhaps belatedly realised that being an atomic power and becoming an economic power are mutually exclusive goals for the country. Speaking the other day at a Yom-e-Takbeer meeting to mark the day Pakistan became a nuclear power 16 years ago, Sharif lamented that an atomic power should have its economy in shambles.
Success has many fathers and failure is an orphan. Undoubtedly the credit goes to Zulfikar Ali Bhutto for initiating Pakistan's clandestine nuclear programme in 1974 and to Nawaz Sharif for resisting US pressure and going ahead with exploding a nuclear device in the aftermath of India becoming a nuclear power. Now there are many other aspirants to the crown spuriously claiming that sans their intervention Nawaz would not have gone ahead with the momentous decision.
It is true that since we became a nuclear power the candle is burning on both ends. Given our poor economic base we for a long time have not been in a position to maintain strategic parity with India in conventional hardware.
However the fear of mutually assured destruction (MAD) in the nuclear arena provides Islamabad the security against any adventurism from our adversarial neighbour. Despite this, toys for the boys cost the hapless Pakistani nation literally an arm and a leg.
Our consistently underperforming economy simply does not provide the base to sustain bigger defence outlays. Nonetheless, we are slightly ahead of India in the nuclear missile race. Thanks, however, to being a lynchpin of America's policies in the region, we are able to whet our appetite for conventional weapons to some extent. The latest acquisition of F16 fighter jets from Jordan could not have been possible without a nod from Washington.
Sharif is in no position to publicly say it but he knows in the heart of his hearts that the key to prosperity lies in lasting peace in the region. Merely being a military power armed to the teeth with nukes cannot buy stability.
The late US president Ronald Reagan used to refer to the former Soviet Union as the Evil Empire. It finally crumbled under its own weight in late 1991, trying to compete with the US in conventional as well as strategic weapons and by maintaining one of the largest military machines in the world.
Sharif is in no position to publicly say it but he knows in the heart of his hearts that the key to prosperity lies in lasting peace in the region
The inefficient, antiquated and corrupt communist system simply could not be sustained. This is not the occasion to analyse in detail the breakup of the Soviet Union. But simply put, the US bled the Soviet system to its demise by engaging it in an exorbitant race for global suzerainty.
Pakistan perhaps does not have lofty global goals like the former Soviet Union. Nonetheless being a nuclear power and forced to compete with India in the conventional race as well, it faces the quintessential guns or butter conundrum.
Despite now being a democracy of sorts the country is facing multifarious existential challenges. Sharif wants to make Pakistan an economic giant during the next decade. That means he is eyeing another five-year term.
But the knives are out for him within the first year of his third stint as prime minister. It seems that the PTI chairman Imran Khan in unholy haste is planning to oust him through street power in the name of flawed elections.
History is repeating itself. Sharif is facing problems cohabiting with the military leadership. The unquenched thirst to try former dictator Musharraf for high treason has created unnecessary friction with the army leadership. The military and the government are also not on the same page on talks with the TTP (Tehreek-e-Taliban Pakistan). Nor on the powerful ISI's (inter services intelligence) spat with a private TV channel.
Most of these are ego driven battles being fought unnecessarily. Only with a few exceptions like his brother Shahbaz Sharif, majority of Sharif's political team seem to be prisoners of their own contradictions.
The interior minister Ch Nisar Ali's quixotic pursuit to talk to the Pakistani Taliban at all costs does not sit well with the army. The military has finally launched an operation of sorts in North Waziristan but the government is simply not willing to lend it ownership.
History is repeating itself. Sharif is facing problems cohabiting with the military leadership. The unquenched thirst to try former dictator Musharraf for high treason has created unnecessary friction with the army leadership
Its time Sharif smelled the coffee. True democracy is the modern mantra. But it has neither taken roots in Pakistan nor has the world outgrown the scourge of coup de tats.
The examples of Egypt and Thailand should not be lost on the Sharifs. In Egypt the Muslim Brotherhood under Mohammad Morsi were unceremoniously ousted by the military and are now running for their lives.
Similarly in Thailand the generals have taken over once again after throwing out an elected government about to hold fresh elections with the blessings of the Thai king.
In Egypt after imposing a new constitution through sheer fiat field marshal Abdel-Fattah el-Sissi has been 'elected' by 92 per cent votes. The Thai generals are in the process of imposing a new constitution. In both the cases elected governments failed to rule through consensus and as a result opened the door for a Bonapartist army to takeover.
It is too early to predict that the Khan and his cohorts are playing the same game of exhorting the military to intervene. The PTI denies any such designs, but then what is the method in its present madness?
Sharif has been considerably weakened thanks to his ham handedness in dealing with his handpicked military chief. He needs to reset course, mend his fences with the political opposition as well as the military.
He wants to have a closer and mutually beneficial trade and economic co-operation with Modi's India. It's not going to be easy to deal with a BJP government with many a hawk amongst its folds.
But without taking the military on board it will be virtually impossible to tweak the India centric security paradigm. It might be doable but certainly not with the present maladroit lot hovering around Sharif.
The prime minister has launched a very ambitions coal based power programme with the cooperation of China. By virtue of this power production in the country will be more than doubled within a decade.
Even before his first term ends there will be enough electricity to introduce a load shedding regime. It's a lofty but an achievable goal, provided there is stability and cohesion in the country, hitherto lacking.
In any case under our present dispensation becoming an economic power despite being a nuclear power will remain an elusive goal.
Previous articleLarge country, small country mentality
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The writer is Editor, Pakistan Today. He can be contacted at [email protected]
Kafiristan's 'Muslims'
Another machination of India
Myth of normalcy in IOK
Uzman Khan June 2, 2014 at 11:35
My simple say is that if economic power is everything, how come all the five permanent members of the Security Council are all nuclear powers? Would the West have bothered about an economically prostrate Russia if it were not for its geo-political clout? And finally, to the notion that we are too poor to afford the luxury of nuclear security, we would ask — what was China's per capita income when it decided to go nuclear?
Zaryab June 2, 2014 at 12:02
Dear columnist it would be better to think of how nuclear power would be beneficial in making Pakistan a prosperous country, to make it economically advantageous and stable. Nuclear power is not just about making it usable for technical purposes rather can be and is being used for civilian purposes in Pakistan. The latest construction of nuclear power plants in Karachi would make it possible for the people of Karachi and all around the country from the employment perspective and to curb the giant of load shedding by which many of the economic activities are not running smoothly.
Azher June 3, 2014 at 04:45
Good article. I understand the authors intent on portraying the need for more economic growth rather than just defence and nuclear ambitions. But as the only muslim nation in the world with nuclear capability – I think this holds us in strong favor of our rich Arab brothers in terms of many economic Investments in return for military support.
Khawaja Shahid Rasool June 3, 2014 at 17:53
Such a long mumbo jumbo only to prove that you are completely a bumbling idiot.
In the name of honour
Back from the brink


text:
Ventura County/Conejo Valley Voters' Guide
Boards of Education
Ventura Co. Courts
Young Voters Guide
Kiyomi Kowalski On the Issues
Issue statements by candidates are quoted from public media statements either direct or edited for brevity.
Due to the COVID-19 pandemic, we need to think outside of that box. As a board member, I will work with our teachers, staff and parents to ensure our students get the connection to community, academic support, and mental health support needed to flourish during these difficult times. Helping students to maintain meaningful social connections while they are away from campus. School-site online game nights and district sponsored virtual dance parties will help our students remain connected to their peers and school, and this, in turn, will make their return to campus more natural and less stressful.
LVUSD has a lot of work to do in the areas of equity, diversity and inclusion. The undervaluing of segments of our population due to racism, sexism, classism, xenophobia, ability, and religious practices has a direct impact on our children and how they feel about themselves. We also know that how children feel about themselves can manifest in their ability to perform in an academic setting. Our teachers, administration, and staff should receive regular training in cultural competency and other forms of systemic bias. We need to ensure our curriculum doesn't focus only on the history/perspective of the majority, but also on the history/perspective of marginalized groups throughout the entire year. Such an inclusionary approach will produce global citizens who can empathize with, learn from, and understand people with multiple perspectives and backgrounds.
Curriculum Council
The Curriculum Council typically reviews and approves curricula the teachers have already piloted in their classrooms. While this body, composed of parents, faculty, students and staff, functions to engage the community in the education process, it does not create any new substantive curricula or actionable advice on implementation in class. This process, however, requires more than putting diverse authors on a book list. The Council members will have to address their own cultural competence deficiencies before they can tackle the deficiencies within our curriculum. Curriculum Council Members need to confront their personal biases prior to beginning the process of re-evaluating our curriculum so they can engage in the process with fresh eyes.
Seek Diverse Teaching Talent
One of the ways to ensure we are fostering an inclusive community is to hire teachers who look like our community. We must intentionally seek talented teachers outside of the typical pool of applicants so that students of color have an opportunity to be taught by people with shared perspectives and experiences on our campuses.
Anti-bias and Anti-racist Training
The school district can and must treat anti-bias and anti-racist education as an integral part of professional development programming. We can give the best teachers the best curriculum, but if a teacher has not done the internal work of breaking down their own biases, they will not be able to meaningfully engage with the subject matter. Through regular professional development we can educate teachers on implicit bias and prepare them to engage our students in substantive conversations about race and racism.
Community 360 Program
The Community 360 Program recognizes that healthy self-esteem is a critical part of child development and that feeling like a valued part of one's community is an integral part of academic success. To ensure the Community 360 Program is meeting the needs of all children in our community, we can and must adapt the programming to address the unique needs of our students from marginalized groups, including students of color and LGBTQ students. We must offer safe and open spaces for community members to express their thoughts about inclusion and how best to promote the overall health and wellness of our students, teachers, and community.
Supporting Marginalized Communities
Our efforts to support marginalized groups need to expand beyond the classroom and into our student's social environment, with a focus on ensuring that every student can find a place that gives them a solid sense of belonging. Our high schools already have a variety of clubs and organizations that provide students of many different religions, cultures, races, and sexual orientations an opportunity to engage with others like them in a social setting, and this infrastructure can be expanded upon and further supported by the district. The current club structure should be expanded to middle and elementary schools in order to provide our students, especially those growing up feeling underrepresented, the opportunity to feel both a sense of community and security in their identity at an earlier age.
From severe droughts and heat to wildfires, we have each experienced and suffered the consequences of climate change. To make positive changes for the future we must continue to educate our students on this issue, strengthening environmental studies classes and increasing enrollment in those classes at the secondary level. Addressing climate change also means tackling the systemic injustices that perpetuate climate racism. I will work with educators to implement anti-racist education as part of our science curriculum. But we can do more than simply teach our students about climate change; we can also take steps to show them how to combat it. I will partner with educators, staff, students, and members of the community to work toward more sustainable LVUSD campuses.
Whether a graduate decides to go straight to college, seeks vocational training, or takes a different path to their career, all LVUSD students deserve to be equipped with the necessary tools for a bright future. Distance learning provides a unique opportunity for us to partner with community organizations and private companies that can provide our students with virtual career training, experiential learning experiences, and mentorships. By offering a more diverse set of opportunities and learning experiences, we can ensure that all of our students—not just those immediately bound for college—are prepared to succeed after graduation.
Every student is a unique learner with distinctive educational needs. As we are forced into unconventional, remote learning environments, we must make sure those students who need extra support are not left behind. We need to enhance the lines of communication and maintain relationships with families who have IEPs or 504 plans.
Due to distance learning, we have all become accustomed to using various technologies such as videoconferencing programs. Now that we are familiar with this technology, we can and should use it to bridge the divide between working parents and school communities. Videoconferencing programs should be used to include parents who would otherwise be unable to attend Parent Faculty Club, School-site Council, and other committee meetings. Teachers can also use these tools to meet parents where they are. The shift to virtual education provides us the freedom—and responsibility—to equalize access for all.
The whole country is facing a budget crisis and our district is no different. As a result, state funds, as well as city grants and services that we receive for LVUSD students will dramatically diminish. Budget cuts are inevitable, but that does not mean we have to compromise our children's success. By being creative and leveraging professional community partnerships, we can maintain the district's standards for quality academic programming. I will work with my school board partners and our community to reexamine the budget in light of the current challenges we are facing to ensure we make the most of every penny.
LVUSD School Board
©2020 by Indivisible: Conejo, Ventura County/Conejo Valley Voters' Guide.


You've made the decision to see someone about the mental health issue that's become part of your life. Great. Now what? How do you decide what treatment is best? There are many types of counseling, but two of the most common are Cognitive Behavioral Therapy (CBT) and Dialectical Behavior Therapy (DBT). They're both effective, and similar in many ways, but different enough that one may be a better fit for you depending on your personal needs and preferences.
DBT is a specific form of CBT, so the approaches don't oppose each other, but overlap. CBT came first, and DBT developed as a modification designed for a specific patient group. Today, both are used successfully for a wide range of issues.
What Do CBT and DBT Involve?
As the name implies, Cognitive Behavioral Therapy (CBT) ties together cognition, or thoughts, with specific behaviors. The idea is that feelings and behaviors can be changed by identifying the thoughts and beliefs that prompt them. In CBT, people learn to pull their thoughts into full consciousness and evaluate them for truth and helpfulness.
Two people often respond to the same situation in different ways, because it's not the situation itself that causes a response, but the perception of it and its meanings. In CBT, you'll learn to reframe distressing situations by thinking about them differently. This can involve brainstorming alternative ways of looking at the situation and ways you might react to it.
DBT also involves examining and reframing unhelpful thoughts. In addition to the focus on modifying beliefs and behaviors, however, there is also an acknowledgement that we act the way we do for legitimate reasons. Dialectics involves balancing and harmonizing forces that seem to be opposites, and in DBT, those forces are change and acceptance.
Focus – Often, a patient and therapist will use CBT to deal with one specific issue. DBT tends to have a broader scope.
Time commitment – In CBT, you'll attend one individual therapy session a week, which generally lasts 50 minutes. Most emotional problems are treated in five to 10 months.1 In DBT, you'll have a group skills training class each week in addition to individual therapy. You'll also have the ability to contact your therapist between sessions. It lasts for as long or as short a period as needed.
Skill development – CBT teaches you how your thoughts, feelings, physical states and behaviors are intertwined and how to modify parts of the equation to positively affect others. The specific tools you'll develop in order to meet your goals depend on your personal needs. DBT, on the other hand, teaches a specific set of skills to everyone who participates. You'll learn mindfulness, distress tolerance, interpersonal effectiveness and emotional regulation.
Structure – In CBT, the therapist modifies and adapts treatment freely. DBT is more structured, with therapists trained to follow a specific protocol.
Conditions treated – Both approaches can be helpful for a wide variety of disorders, but historically, CBT has been used more often for conditions like depression, anxiety and addiction, and DBT has been used more often for personality disorders and self-harming behaviors.
Counseling isn't an exact science. It's good to have options, so if one approach doesn't feel like the perfect fit for you, you can try another therapy. No matter if you're using CBT, DBT or another type of treatment, the relationship between counselors and their patients, sometimes called the therapeutic alliance, is a vital part of the equation.3 Some personalities simply mesh more naturally than others, and it's OK to switch counselors if the relationship just doesn't click. The important thing is to value yourself enough to take action and get the help you need.
1 Martin, Ben. "In-Depth: Cognitive Behavioral Therapy." Psych Central, Accessed February 26, 2018.
2 Grohol, John. "What's the Difference Between CBT and DBT?" Psych Central, Accessed February 26, 2018.
3 Ardito, Rita, and Daniela Rabellino. "Therapeutic alliance and outcome of psychotherapy: historical excursus, measurements, and prospects for research." Frontiers in Psychology, October 18, 2011.