Well, once again there are widely varying polls in the last days of an election. And once again we're at the high end, though this time we are more Republican than some others. Today while we show Gov. Christie with a massive 36 point lead, Monmouth puts the race at 20 points. But this time we're not alone since a few days ago Quinnipiac gave Christie a 33 point lead and today they say 28 points.
A quick look at Monmouth shows the big difference is due in large part to the reported partisan vote. They have Buono winning 70% of Democrats. In our poll only 59% of Democrats said they are sticking with Buono while 38% support Christie. This alone accounts for some 2/3 of the difference between the polls. The new Quinnipiac Poll today splits the difference here as it does overall – they have Buono winning 64% of Democrats, halfway between us and Monmouth.
Our differences with Quinnipiac are relatively trivial, and within our respective margins of margins of error. But Monmouth definitely tells a different story.
NEW BRUNSWICK, N.J. – In the final hours before New Jersey's gubernatorial election, Gov. Chris Christie's lead over state Sen. Barbara Buono has grown to 36 points among likely voters, up 10 points in the last month, according to a new Rutgers-Eagleton Poll. Christie's 66 percent to 30 percent margin may also be helping Republican Assembly and Senate candidates, as voters prefer Democrats keep control of the Legislature by only seven points, down from 12 points in early September.
Christie's increasing home stretch lead reflects a lack of enthusiasm among Democrats for Buono, leading to decreased levels of attention to the race and a lower likelihood of voting. While 95 percent of Republicans support Christie, only 59 percent of Democrats plan to vote for Buono.
In a generic statewide ballot test, likely voters give Assembly Democrats just a six-point margin, 42 percent to 36 percent, nearly erasing what was a 17-point Democratic lead in early September. The state Senate vote is similar: 44 percent plan to vote for Democrats, while 38 percent will support the GOP. Overall, 47 percent of likely voters still want Democrats in control of the Legislature while 40 percent hope for a Republican takeover, down from 50 percent to 38 percent two months ago.
Voters continue to favor overwhelmingly a constitutional amendment raising the state's minimum wage by one dollar to $8.25 per hour, 68 percent to 30 percent.
Results are from a sample of 535 likely voters with a margin of error of +/- 4.2 percentage points, drawn from 804 New Jersey registered voters polled statewide from Oct. 28 – Nov. 2, on both landlines and cell phones. The registered voter sample margin of error is +/- 3.5 percentage points.
Christie's already large lead has grown within almost every group of voters. The governor wins 95 percent of his own party members, up two points since October. Likewise, 73 percent of independents now support Christie, up five points. Buono gets support from just 20 percent of independents. Democrats have especially taken to Christie in the final week; 38 percent now say they support him, up from 25 percent four weeks ago. Buono garners only 59 percent among Democrats.
Nonwhite voters also have moved into Christie's column, 55 percent to 40 percent for Buono, a reversal from early September. Her other stronghold, public union households, now gives Buono just a three-point lead, 48 percent to 45 percent, down from nine points.
Christie continues to win big across all age groups, income brackets and education levels, though his margin is somewhat smaller among the most educated. Among voters in households with incomes under $50,000 that usually lean Democratic, Christie's lead has doubled and is now 70 percent to 27 percent. Christie also holds massive leads in every region of the state.
There is only a limited gender gap in support for the governor. Christie has a 2-1 lead among women (63 percent to 32 percent), while men are five points more likely to back him.
Democrats have held a wide lead over Republicans in statewide generic tests of Assembly and Senate races all year. But the combination of a huge Christie margin and possible demobilization of Democrats may be having an impact on down-ballot races, as the previous lead has all but disappeared.
After giving Democrats an 18-point margin in early September, likely voters now favor Democrats by single digits statewide in both Assembly and Senate races. Christie's success is rubbing off, especially among fellow partisans. Among the increasing number of Christie supporters, Republican Assembly candidates lead, 53 percent to 22 percent. In the Senate, Republicans lead 55 percent to 25 percent among these voters. While more than eight in 10 Buono voters choose legislative Democrats, the smaller share of her supporters means statewide Democrats are in worse shape than two months ago.
Democrats maintain a small lead because most partisan voters still plan to vote for their party in both Assembly and Senate races. However, increasing solidarity among likely Republican voters contributes to Republican gains. In Assembly races, 89 percent of GOP voters are now staying with the party line, up 13 points from September. Eighty-two percent of Democrats plan to vote for legislative Democrats, even as many are defecting to Christie at the top of the ticket. Senate races look similar.
Christie's coattails are not as strong with independents, but Assembly Republicans eke out a 4- point lead, 32 percent to 28 percent, while independents favor Senate GOPers, 37 percent to 31 percent.
Two-thirds of all registered voters say they have followed the election very or fairly closely, and 31 percent are very enthusiastic about their vote choices. Another 52 percent are somewhat enthusiastic.
But Democrats are not nearly as engaged in the race as Republicans. Registered Democrats are five points less likely to say they are paying very close attention to the election, and they are seven points less apt to say they are very likely to turn out to vote. More importantly, enthusiasm for their gubernatorial candidate reveals an even larger gap. Only 22 percent of registered Democrats are very enthusiastic about voting for Buono, compared to half of Republicans who feel that way about re-electing Christie.
Christie voters are much more motivated by support for their candidate than by opposition to Buono. While 60 percent of Buono's likely voters are primarily voting against Christie, 84 percent of Christie's voters are marking their ballot in support of him, rather than in opposition to Buono.
Few voters remain unsettled in their choices; only about 10 percent say they might consider changing by Nov. 5. But Buono loses our here as well: 14 percent of her supporters might change their minds versus only 8 percent of Christie voters.
Support for the minimum wage constitutional amendment has fallen eight points since September, to 68 percent, mostly due to an increasingly strong Republican turnout. For the first time, Republicans are now more likely to oppose it: 52 percent are against the increase, versus 45 percent who support it. Support is also down seven points among independents, though 60 percent still are still in favor. Ninety-one percent of Democrats are behind the minimum wage increase.
Fifty-six percent of Christie voters favor the amendment despite the governor's opposition –down six points since September. Ninety-one percent of Buono's backers favor the increase. Women are stronger supporters at 72 percent versus 63 percent for men. A 12-point gap in support exists between the lowest and highest income brackets, though 59 percent in the highest income bracket still support the measure.


text:
What is Stringhalt and Can It Be Treated?
Peter O'Halloran, DVM answers this reader question.
Peter O' Halloran, DVM
Q: I recently overheard someone talking about stringhalt and that a horse who has this can no longer compete in dressage. What exactly is stringhalt and can a horse who has been diagnosed with it still have a dressage career?
A: Stringhalt is an abnormal gait in horses, described as a sudden and exaggerated flexion of one or both rear limbs. There are two forms of stringhalt. One is called Australian stringhalt. The other is called classic stringhalt. Australian stringhalt affects both rear limbs simultaneously. It typically occurs in outbreaks among pastured horses who are consuming the noxious weed Hypochoerris radicata, commonly known as flatweed. Compounds in flatweed apparently affect some of the long sensory nerves to the horse's rear limbs. Flatweed is native to Australia, but has been introduced to the U.S., and outbreaks here have been reported. Fortunately, the symptoms of Australian stringhalt typically resolve when the horse is removed from affected pastures.
Classic stringhalt affects only one rear limb. Just like Australian stringhalt, the limb will suddenly jerk upward, with a spasmodic motion toward the belly, usually when the horse is asked to move. The action may be mild or more exaggerated and violent. The cause of classic stringhalt is unknown. It is thought that classic stringhalt is the result of traumatic damage to sensory nerves to the extensor muscles of the rear limb. Unlike Australian stringhalt, this form of the condition is usually persistent and does not resolve.
Stringhalt is typically triggered when the horse is asked to move, either initiating the walk, turning, backing up or after a sudden stop. Excitement may trigger more exaggerated symptoms. In mild cases, limb flexion is only slightly affected and gaits above a walk may be normal.
Other conditions may cause a horse to abruptly lift a rear limb and look like stringhalt. A horse with significant pain in a rear foot, as from an abscess, may present in this manner. Pain originating from the hock or stifle may also cause a horse to suddenly jerk the limb up.
Stringhalt-like symptoms may also be present in horses affected by upward fixation of the patella, fibrotic myopathy, shivers or equine protozoal myeloencephalitis. Therefore, it's important to perform a thorough exam with efforts to help determine a diagnosis of stringhalt.
For most horses with classic stringhalt the condition persists. A few have been reported to improve with time. Medical treatments have not been shown to be helpful. A surgical procedure that removes a portion of a muscle and tendon from the affected limb has reportedly helped some horses, but does not promise a consistent outcome.
The USDF describes the purpose of dressage as to develop the horse's natural ability and willingness to work, making him calm, supple and attentive to his rider. Dressage judging penalizes any irregular gait or unevenness. A dressage horse affected by classic stringhalt is therefore handicapped. For horses increasingly affected by stringhalt, the uneven, exaggerated limb movement will significantly affect the gait and their capability will be limited. Dressage horses with mild symptoms of stringhalt may be able to perform at some levels, but are at a disadvantage.
Peter O'Halloran, DVM, is a member of the American Veterinary Medical Association, the American Association of Equine Practitioners, the Northeast Association of Equine Practitioners, the Maryland Veterinary Medical Association and the Virginia Association of Equine Practitioners. He is headquartered at Monocacy Equine Veterinary Associates in Dickerson, Maryland.
What Does a Runny Nose Mean for Horses?
What Are Equine Hindgut Ulcers?
Can Horses Develop Resistance to Dewormers?
How Does Hock Condition Affect a Dressage Horse's Performance?

redpajama_set_name: RedPajamaCommonCrawl


text:
MARKS IP LAW FIRM
Japanese IP Attorney Firm specializing in Trademarks with a commitment to excellence
Facebook Email LinkedIn Instagram
TRADE DRESS
Office Action
Opposition / Invalidation
Non-Use Cancellation
Contract & License
Watching & Surveillance
Trademark Litigation
Domain Dispute
Customs Enforcement
Trademark Updates
カテゴリー: Unfair Competition Prevention Act
Louboutin 2nd Defeat in Litigation over Red Soles
By order of December 26, 2022, the IP High Court ruled to dismiss an appeal taken by Louboutin against the Tokyo District Court ruling that denied a source-indicating function of Louboutin's red soles.
[Appeal court case no. Reiwa4(ne)10051]
Appellant, Christian Louboutin SAS, brought an appeal against the Tokyo District Court ruling decided on March 11, 2022.
In May 2019, Louboutin sued Eizo Collection Co., Ltd., a Japanese company that produced ladies' shoes with red-colored rubber soles, and sought a permanent injunction as well as damages in the amount of JPY4,208,000 under the Unfair Competition Prevention Law. The Tokyo District Court did not side with Louboutin by finding an insufficient reputation of Louboutin's red soles perse as a source indicator and thus unlikelihood of confusion.
See details here.
The IP High Court paid attention to the following factors to assess the likelihood of confusion in the case.
Relevant consumers of high-heels (women from their 20s to 50s) are most likely to try on multiple pairs of shoes at a physical store and select the ones that fit them prior to the purchase.
The market for women's high heels can be divided into three categories: (1) luxury brand products, (2) affordable brand products, and (3) inexpensive no-name products. Undoubtedly, Louboutin's high-heels priced at JPY80,000 and over are classified into category (1). In the meantime, Eizo's shoes priced at JPY17,000 or less belong to category (2).
Every high-heel bears a brand name or logo on the insole so that consumers can easily distinguish its supplier.
E-commerce websites post not only images of ladies' shoes but also the brand and condition of respective goods in advertisements.
Based on the foregoing, the judge found, irrespective of the resemblance in color on the outsole, no likelihood of confusion between both shoes.
As for the reputation of Louboutin's red soles, the IP High Court admitted certain consumers may recognize the red soles as a source indicator of Louboutin, however, the judge questioned if the soles have acquired a remarkable reputation among relevant consumers in general based on the research targeted women, in their 20s to 50s accustomed to wearing high-heels, residing in major cities that revealed only 51.6 % of the interviewees answered Louboutin at the sight of a high-heel with red-colored sole and a fact that Louboutin has not been an exclusive supplier of red sole shoes for women.
Categories2023, Acquired distinctiveness, Color mark, Colormark, Famous mark, Inherent distinctiveness, IP High Court, Likelihood of confusion, Position mark, Unfair Competition Prevention ActTagsChristian Louboutin, color mark, IP High Court, Litigation, Louboutin, Red soles, single color, trademark, Unfair Competition Prevention Law
Louboutin Unsuccessful in Litigation over Red Soles
Posted on 2022年3月13日 2022年4月9日
On March 11, 2022, the Tokyo District Court dismissed allegations by Christian Louboutin who claimed red-soled shoes distributed by the defendant infringe their intellectual property right and are liable for damages under the Unfair Competition Prevention Law.
[Judicial case no. H31(Wa)11108]
Louboutin's red soles
Christian Louboutin SAS alleged heels and pumps with red-lacquered leather soles (Pantone 18-1663) perse (see below) have been famous as a source indicator of Louboutin shoes as a result of substantial use for more than two decades in Japan.
To demonstrate the remarkable reputation of the position mark with a single color, Louboutin produced a lot of evidence. Japanese subsidiary generated sales of JPY3,305 million for Ladies' shoes in 2016. More than 70% of the shoes are heels and pumps with red-colored soles. The company has yearly spent JPY15 million and more on advertisements in Japan. According to the interview conducted in October 2020, 65% of the 3,149 interviewees (females aging from 20 to 50) answered Louboutin when shown the above image.
Disputed goods
Allegedly, Eizo Collection Co., Ltd., a Japanese business entity, began to distribute ladies' shoes with red-colored rubber soles bearing the wordmark "EIZO" for JPY17,000 from May 2018 (see below).
In the litigation, Louboutin sought a permanent injunction, disposal of the disputed shoes, and damages in the amount of JPY4,208,000.
It should note that Louboutin's attempt to register the position mark representing ladies' heels with red-colored soles in 2015 has been pending by the Japan Patent Office due to a lack of inherent and acquired distinctiveness as of now.
The Tokyo District Court denied a certain degree of reputation and popularity of the red soles to indicate Louboutin shoes by stating:
Red color has been commonly used on shoes to enhance the aesthetic appearance and attract consumers. Ladies' heels with red-colored soles have been widely distributed even before the launch of Louboutin shoes in Japan.
Under the practice in commerce, two decades and advertisement would be insufficient to find Louboutin's red soles have played a role in the source indicator in Japan.
Besides, the court found the unlikelihood of confusion between Louboutin and the defendant's shoes on the grounds that:
Given Louboutin's shoes are known for high-end heels that cost JPY80,000 and more, relevant consumers would pay attention to selecting and purchasing suitable goods. Being that Louboutin's shoes has the stylized mark "Louboutin" on soles as well, it is unlikely that relevant consumers connect the defendant's shoes bearing the wordmark "EIZO" on soles with Louboutin.
Because of the difference in respective materials on soles (lacquered leather for Louboutin, and rubber for defendant shoes), there exists a distinction in texture and luster to the extent that relevant consumers can easily distinguish the quality and source of respective goods.
The interview targeted consumers who have purchased high-end goods and famous brands. Since the interview failed to show the defendant's shoes to the interviewees, it would be irrelevant to prove a likelihood of confusion between the shoes.
Based on the foregoing, the court dismissed the plaintiff's allegations under the Unfair Competition Prevention Law and did not side with Louboutin.
Categories2022, Color mark, Famous mark, Inherent distinctiveness, New type of trademark, Position mark, Similarity of mark, Tokyo District Court, Unfair Competition Prevention ActTagsChristian Louboutin, color mark, Famous mark, Position mark, Red soles, Tokyo District Court, trademark infringement, Unfair Competition Prevention Law
Famous mark Protection under Unfair Competition Prevention Law
Posted on 2021年10月30日 2022年1月3日
The Unfair Competition Prevention Law (UCPL) protects famous trademarks regardless of their registration status under Article 2(1)(i) & (ii).
Article 2(1)(i)
The act of using goods or other indications (hereinafter, "goods or other indications" means name connected with person's business, tradename, trademark, mark, container, or package of goods, or any other indication used for goods or business) which is identical with, or similar to, another person's goods or other indication as to be well-known among consumers,or the act of selling, distributing, displaying for the purpose of selling or distributing, exporting, importing or offering via telecommunication lines goods on which such goods or other indication is used, thereby causing confusion with another person's goods or business.
Article 2(1)(ii)
The act of using goods or other indications as one's own while it is identical with, or similar to, another person's famous goods or other indication, or the act of selling, distributing, displaying for the purpose of selling or distributing, exporting, importing or offering via telecommunication lines.
The UCPL provides legal remedies for famous trademarks even though they have yet to be registered in Japan under the Trademark Law. The UCPL privileges owners of the famous trademarks to take legal action against unauthorized use of the mark on goods or services remotely associated with their business, however, it does not go beyond the "similar" marks theoretically.
Categories2021, Famous mark, Likelihood of confusion, Similarity of goods, Similarity of mark, Similarity of service, Unfair Competition Prevention ActTagsFamous mark, Unfair Competition Prevention Act
Tokyo District Court awards record damages of JPY200M over a dead copy of bra design
The Tokyo District Court, on September 3, 2021, awarded record damages of 202 million Japanese Yen to Co-medical who brought a lawsuit against VIDAN under the Unfair Competition Prevention Law, accusing the defendant of unlawfully imitating P's bra design bearing a trademark "Funwari Room-Bra."
[Judicial case no. Reiwa1(Wa)11673]
Plaintiff, Co-medical Co., Ltd., has launched the sale of brassiere for use at home under the trademark of "Funwari Room-Bra" on September 12, 2016. By virtue of comfort to wear and elegant design of non-wired bra with adjustable breast support band under the cups and longline lace frill (see below left), the bra was a huge hit, ranked No. 1 on Amazon Japan. Total sales over three year period exceeded 1.4 million bras.
In October 2018, the defendant began to sell non-wired bras under the trademark of "Moriage" (see above right) that has substantially the same configuration as P's "Funwari Room Bra." Sales of D's bra reached 30 million JP Yen by the time D terminated the sale in September 2019.
Co-medical filed a lawsuit at the Tokyo District Court in May 2019, and argued the configuration of D's bras constitute an act of unfair competition under Article 2(1)(iii) of the Unfair Competition Prevention Law that prohibits "commercial act to assign goods that imitates the configuration of another person's goods unrelated to achieve a technical function before the lapse of three years from the date of release in Japan." If so, given substantial resemblance in shape and design between two bras, D shall be liable for 202 million JP Yen damages caused by their act under Article 5(2) and attorney fee.
The court found D's bra constitutes an unfair competition act prohibited under Article 2(1)(iii) and awarded damages of 200 million JP Yen over a dead copy of bra design by stating as follows.
There is a slight difference in details between the two bras. However, since it would not affect a whole configuration, in fact, D's bra shall be deemed practically identical with P's bra in shape.
In view of the recent popularity and advertisement of P's bra, there is reasonable doubt that D in the same trade would have been aware of and knowingly relied on P's bra to manufacture their bra.
Under Article 5(2), D's profit gaiend by their unfair act shall be construed marginal profit, calculated by deducting direct costs incurred to manufacture and sell D's bras from the sales. Therefore, D is liable for 184 milliom JP Yen damages. Besides, the court has a good reason to believe that 18 million JP Yen shall be awarded as damages to recover P's attorney fees.
Categories2021, Tokyo District Court, Unfair Competition Prevention ActTagsbrassiere for use at home, damages, dead copy, Imitation of configuration, Tokyo District Court, Unfair Competition Prevention Act
Hermès beat Birkin Bag Imitator for Trademark Infringement
Posted on 2020年12月26日 2022年1月3日 1 Comment
On December 17, 2020, the Japan IP High Court upheld awards for JPY2,900,000 for damages suffered by Hermès in relation to a trademark infringement and passing-off case regarding the Birkin Bag imitations.
[Court case no. Reiwa2(Ne)10040]
HERMES INTERNATIONAL, a French luxury fashion house, has owned Japanese trademark registration no. 5438059 for the 3D shape of the "Birkin" bag in connection with handbags of class 25 since 2011 by successfully demonstrating acquired secondary meaning as a specific source indicator of Hermès' luxury bags.
The iconic Birkin bag was firstly created for Jane Birkin in 1984. It is known for its superior craftsmanship and jaw-dropping price tag, with standard models starting around JPY1,000,000. Its annual sales figures exceed 3,000 in 1998, 8,000 in 2003, and 17,000 in 2009.
Birkin Bag Imitations
Hermes sued Kabushiki Kaisha Tia Maria at the Tokyo District Court for violating its trademark right and the unfair competition prevention law by allegedly promoting 100 or more Birkin look-alike bags (see below) in Japan with a price tag of JPY27,300 from August 2010 to February 2018.
On June 3, 2020, the Tokyo District Court decided in favor of HERMES INTERNATIONAL and awarded damages for trademark infringement and passing-off in the amount of JPY2,900,000.
[court case no. Heisei31(wa)9997]
In the decision, the Tokyo District Court found that Hermès Birkin Bag has acquired distinctiveness and become remarkably famous as a source indicator of Hermès' luxury bags by 2009.
Besides, the court held that defendant's goods constitutes an infringement of the 3D shape of the "Birkin" bag trademark since both are confusingly similar in view of the following aspects:
(a) a distinctive three-lobed flap design with keyhole-shaped notches to fit around the base of the handle, (b) a dimpled triangular profile, (c) a closure which consists of two thin, horizontal straps designed to fit over the flap, with metal plates at their end that fit over a circular turn lock, (d) a padlock which fits through the center eye of the turn lock and (e), typically, a key fob affixed to a leather strap, one end of which is affixed to the bag by wrapping around the base of one end of the handle.
Screen capture of TIA MARIA's website (http://tiamaria.zf.shopserve.jp/SHOP/V1172S.html)
The court measured damages to recover (i) defendant's actual sales of infringing bags (JPY2,730,780) by subtracting appropriate variable cost (40% of the offered price) for JPY1,638,468, (ii) "mental suffering" caused by an infringement for JPY1,000,000, and (iii) reasonable attorney fee for JPY260,000.
The district court decision was challenged by the defendant before the High Court to set aside or vary it, however, the IP High Court dismissed the appeal entirely and sided with HERMES INTERNATIONAL.
To read a full text of the IP High Court decision (Japanese only), click here.
Categories2020, Acquired distinctiveness, Article 3(2), Famous mark, IP High Court, Similarity of mark, Three dimensional mark, Tokyo District Court, Trade dress, trademark infringement, Unfair Competition Prevention ActTagsBirkin, damages, Hermes, IP High Court, passing-off, Tokyo District Court, Trade dress, trademark infringement, Unfair Competition Prevention Act
Japan IP High Court Ordered Unofficial Mario Kart To Pay Nintendo Over $450,000
On January 29, 2020, the Japan IP High Court ruled in favor of Nintendo over a case against go-kart operator Mari Mobility (the company formally named Maricar) and ordered damage compensation of 50 million JP.
Mari Mobility, the go-karting company formerly known as Maricar, has provided services for tourists riding around Tokyo streets in go-karts and offered Nintendo-themed costumes for customers to wear as various Mario characters, strongly resembling the likes of Mario Kart. The service has been a popular tourist attraction.
Nintendo quickly stepped in and sued Mari Mobility for their Street Kart service, initially winning in 2018.
Subsequently, Mari Mobility has re-branded its service as Street Kart, providing superhero-themed outfits and swapping out all Nintendo references with various superhero ones. Besides, "Unrelated to Nintendo," was written on Mari Mobility's karts.
The official site reads:
We at Street Kart is providing our service as usual. Street Kart is fully complied [sic] through local governing laws in Japan. Street Kart is in no way a reflection of Nintendo, the game 'Mario Kart'. (We do not provide rental of costumes of Mario Series.)
Mari Mobility hoped to reduce the damages owed to Nintendo, a sum of 10 million yen (around $92,000) awarded by the lower court. The strategy has backfired, however, with Mari Mobility losing and IP High Court judge ordering them to pay five times the damages, now totaling 50 million yen ($458,000)
In a statement following the ruling, Nintendo stressed that it will continue defending violations of its intellectual property that damages the brands it has built up over numerous years.
[Judicial case no. Heisei30(Ne)10081]
Categories2020, Famous mark, IP High Court, Unfair Competition Prevention ActTagsdamages, IP High Court, Mario Kart, Nintendo, Unfair Competition Prevention Act
JPY 71 Million Damages Award Against Design Copycat of BAO BAO ISSEY MIYAKE
Posted on 2019年7月21日 2022年1月3日 2 Comments
In a civil legal battle involving design copycat of luxurious "BAO BAO" bags designed by ISSEY MIYAKE, a Japanese fashion designer, the Tokyo District Court sided with ISSEY MIYAKE and found infringement under the Unfair Competition Prevention Act on June 18, 2019.
[Judicial case no. H29(Gyo-wa)31572]
Issey Miyake's innovative and unique bag designs under the brand of "BAO BAO" since 2010 earned it accolades and wide recognition in the fashion world. Its most prominent design is crafted with a tessellating triangular structure that shifts as it's moved to create new three-dimensional forms. Capturing a seamless fusion of geometric shapes and fluid silhouettes, the designs are often a kaleidoscope of color. Most of the pieces consist of rectangular equilateral triangle.
Disputed bags
Defendant, Largu Co., Ltd. began to promote following women's shoulder bags, pouches, backpacks and tote bags under the brand of "Avancer" from 2016. Defendant copied tessellating triangular structure on disputed bags likewise. Most of the pieces are not rectangular equilateral triangle.
Defendant sold these goods for JPY 1,000 ~ 6,000. It was far cheaper than BAO BAO ISSEY MIYAKE – sometimes up to one-thirteenth.
In the judgment, at the outset, the court assessed whether the geometric shapes of tessellating triangular structure shall play a role of source indicator protectable under the Unfair Competition Prevention Act. The judge found the shape of plaintiff's goods has a distinctive and different feature from other women's bags by taking account of produced evidences. Its unique and innovative design, inter alia, creating various three-dimensional forms when used, apparently gives unusual impression to consumers. If so, the prominent design consisting of triangular structure shall be protectable under the Unfair Competition Prevention Act.
Besides, the court found the triangular structure of plaintiff's goods obtained a certain degree of popularity and reputation as a source indicator of BAO BAO ISSEY MYAKE by the time defendant launched disputed bags in 2016.
In assessing a likelihood of confusion, the court dismissed defendant's counterargument on different shape of triangle by stating that disputed goods give rise to a same visual effect with BAO BAO ISSEY MIYAKE by means of creating various three-dimensional forms when used. Price difference is not a material factor to negate a likelihood of confusion as long as consumers conceive BAO BAO ISSEY MIYAKA at the sight of disputed bags.
After significant litigation, the trade dress suit ended with an injunction barring all future sales of the copied designs and a hefty damages award, JPY 71,068,000 under the Unfair Competition Prevention Act.
In the meantime, the court dismissed plaintiff's allegation of copyright infringement on the ground that plaintiff's goods are rather suitable for industrial design. In fact, plaintiff's goods are produced in quantity at factory. If so, it shall be unprotectable under the Copyright Law.
Categories2019, Acquired distinctiveness, Famous mark, Likelihood of confusion, Trade dress, Unfair Competition Prevention ActTagsBAO BAO, Copyright Law, ISSEY MIYAKE, Tokyo District Court, Trade dress, Unfair Competition Prevention Act
Louis Vuitton victory in trademark battle for remake use
Posted on 2018年11月4日 2022年5月24日 2 Comments
In a trademark battle involving famous Louis Vuitton Monogram for remake use, the Japan IP High Court ruled in favor of Louis Vuitton and ordered appellant to pay 1.7 million JP-Yen for damages on October 23, 2018.
Custom-made Remake
Appellant has produced shoes, caps and other fashion items by making use of material of secondhand Louis Vuitton goods (see below) and promoted the items as a custom-made remake, e.g. LOUIS VUITTON REMAKE DENIM CAP/BLUE, through internet.
Unfair Competition Prevention Act
Louis Vuitton filed a lawsuit and demanded to stop selling the items as well as payment for the damage on the grounds that appellant's act constitutes unfair competition under Article 2(1)(ii) of the Japan Unfair Prevention Act.
Article 2(1)(ii) of the Unfair Competition Prevention Act is a provision to prohibit any person from using a famous source indicator of another person without permission.
Appellant argued they become popular among relevant consumers as a business entity to produce a custom-made remake from secondhand of genuine brand. If so, since consumers are fully aware that the items are remake, neither faked goods nor brand-new article, confusion is unlikely to happen in the mind of consumers. Besides, appellant insisted as long as the Louis Vuitton Monogram is not used as a source indicator but design, the Unfair Competition Prevention Act is not applicable to the items.
IP High Court decision
The IP High Court decisively dismissed appellant's allegations and decided the monogram on the items still plays a role of source indicator in view of remarkable reputation of Louis Vuitton Monogram. It can be easily presumed that average consumers at sight of the items shall conceive Louis Vuitton. Even if the items are sold as a custom-made remake or with any description to appeal the items made from secondhand, such facts will not affect the decision on the merit.
[Heisei 30 (Ne)10042]
The Unfair Competition Prevention Act is essential to the case where actual confusion would not happen in fact regardless of unauthorized commercial use of famous brand.
Categories2018, Device mark, Famous mark, Likelihood of confusion, Similarity of mark, Unfair Competition Prevention ActTagsArticle 2(1)(ii), IP High Court, Louis Vuitton, Monogram, Unfair Competition Prevention Act
Fashion design and copycat
On July 30, the Tokyo District Court delivered a ruling in the case of copycat fashion dispute pertinent to the shape of cold shoulder blouse.
[Case no. Heisei 29(Wa)30499]
Cold Shoulder Blouse
The case was brought into the court by PETTERS Co., Ltd. who complained MAXIM Co., Ltd. of unlawfully imitating a unique shape of cold shoulder blouse designed by plaintiff and damaging business interests by distribution of defendant's "KOBE LETTUCE" cold shoulder blouses.
According to the court decision, plaintiff allegedly designed a new cold shoulder blouse featuring unique ruffle sleeve and long ribbon (see right in below) in February 2016 and began selling from August of the year. Subsequently, defendant imported similar blouses (see left in below) from Korea and promoted for sale in Japan since May 2017.
Unfair Competition Prevention Law
Plaintiff argued defendant shall be liable for his conduct because it constitutes violation of Article 2(1)(iii) of the Unfair Competition Prevention Law.
Article 2(1)(iii) of the Unfair Prevention Law prohibits unauthorized party from assignment, lease, display for assignment or lease, export or import of goods which shape results from imitation of goods belonging to other entity.
The party shall be exempted from liability if it passes three months from initial offer for sale of imitated goods at the time of his misconduct.
From the case law, it is construed that the article does not apply for imitation of a commonly used-shape in light of the purposes and objectives of the article.
The judge, however, did not clearly state if overall shape of plaintiff's cold shoulder blouse shall be protectable under the article.
As a consequence, the court totally dismissed the case on the grounds that:
There exists difference in the shape of ruffle sleeve and ribbon between disputed goods.
The difference gives rise to distinctive impressive in the mind of consumers
If so, the shape of defendant's goods shall neither be identical with, nor deemed imitation of plaintiff's goods.
Categories2018, Unfair Competition Prevention ActTagsArticle 2(1)(iii), copycat fashion, Tokyo District Court, Unfair Competition Prevention Act
Japan IP High Court Ruling – Shape of "Unit Shelf" functions as a source indicator of Ryohin Keikaku
The Japan IP High Court has affirmed an earlier ruling by the Tokyo District Court, and sided with Ryohin Keikaku Co., Ltd, an operator of the MUJI retail chain, in a lawsuit accusing CAINZ Corporation, the second largest DIY store chain in Japan, of violating the Unfair Competition Prevention Act (UCPA) by distributing ready-to-assemble storage rack "Joint System Shelf" which is allegedly an imitation of MUJI's "Unit Shelf".
CAINZ (appellant) contested the early ruling made an error of judgment in finding that relevant consumers conceive the shape of "Unit Shelf" as a source indicator of Ryohin Keikaku (appellee) based on the research results which showed approx. 98 percent of general consumers were unable to associate the shape with appellee, and 9 merchants out of 10 who daily deals with living ware and furniture could not identify the shape as "Unit Shelf".
Besides, appellant claimed appellee violated clean hands doctrine and thus abused the right given he pursued the case knowing that his act to promote the "Unit Shelf" constitutes infringement of design right belonging to a third party.
The IP High Court ruled the research was neither adequate nor persuasive enough to negate distinctive function of "Unit Shelf" as a source indicator, stating that it just targeted people in their 20s to 40s despite consumers of goods in dispute cover whole generations having an interest in household furniture. The questionnaire to ask a specific name of retail shop was far from the case. Some of the researched merchants have business with appellant. In addition, opinions of 10 merchants are way too insufficient to bolster appellant's allegation.
Fact that an entity who suffered damage by unfair misconduct of competitor admittedly infringes design right belonging to third party does not immediately hinder him from making a legal claim based on the UCPA. Being that appellant's act to promote the "Joint System Shelf" is likely to cause confusion with appellee's "Unit Shelf", the court finds higher degree of necessity to put a restriction on appellant's misconduct. From the foregoing findings, the court ruled in favor of appellee and dismissed the allegations as well as abuse of right.
When you conduct market research pertinent to trademark, you should be more careful to decide questionnaire and respondent. Non-existence of design or trademark registration does not guarantee risk-free transaction of a similarly shaped goods with hot-selling product if the shape functions as source indicator.
Categories2018, IP High Court, Likelihood of confusion, Trademark Opposition, Unfair Competition Prevention ActTagsCAINZ, IP High Court, MUJI, Unfair Competition Prevention Act, Unit Shelf
"OLYMPIAD vs OLYMBEER" trademark battle 2023年1月29日
The Japan IP High Court reversed a decision of the JPO that canceled the OLYMBEER mark due to its similarity t Read More ...
Louboutin 2nd Defeat in Litigation over Red Soles 2023年1月22日
By order of December 26, 2022, the IP High Court ruled to dismiss an appeal taken by Louboutin against the Tok Read More ...
Failed trademark opposition by Volkswagen: POLO vs. QOLO 2023年1月15日
On December 28, 2022, the JPO Opposition Board dismissed the opposition claimed by German car giant Volkswagen Read More ...
Location / Contact information
OSAKA [Main Office]
2F iPLUS Edobori, 1-9-11 Edobori Nishi-ku, Osaka, 550-0002, Japan
TOKYO [Group Office]
9292 Bldg., 3-1-8 Kanda-Surugadai, Chiyoda-ku, Tokyo, 101-0062, Japan
F: +81 6 6467 8335
E: info@marks-iplaw.jp
ATTORNEY'S LINKEDIN
Masaki Mikami
Copyright © 2023 MARKS IP LAW FIRM. All Rights Reserved.


text:
09/07/22 Greg Denham
Greg Denham is a retired senior sergeant of Victoria police and the Australian representative for the US-based agency Law Enforcement Action Partnership. Greg had a major article in the Guardian last week: "The rising appetite for powerful drugs like fentanyl is a direct result of Australia's failing prohibition policies Tough questions must be asked about laws that perpetuate the myth that the war on drugs is winnable through prohibition Given our failure to learn the lessons of the past, the policy response to the fentanyl crisis is predictable. We will no doubt hear from politicians and law enforcement demanding more police, more invasive powers, tougher laws and longer jail sentences. The problem is, we've been taking this approach for more than 50 years and yet we know that drug seizures have little impact on drug availability. Despite what police and politicians tell us, drug prohibition, like alcohol prohibition, has failed." +++ DTN Editorial: Prohibition is Evil
Guest(s): Greg Denham
Link(s): Law Enforcement Action Partnership Australia, The rising appetite for powerful drugs
Howard Wooldridge of Frederick, MD: retired police detective is our guest. Howard is a co-founder of Law Enforcement Against Prohibition (www.leap.cc), He is a full-time advocate since 2006 in Washington, DC as the police voice in opposition to drug prohibition. Topics incllude drug war violence, overdose, international progress and slow advance of decrim and legalization.
08/24/22 John Walsh
John Walsh ,new report for the Washington Office on Latin America (WOLA) . Mr. Walsh has testified before Congress and published extensively on the need to reassess drug policy goals, strategies, and indicators. His analyses have underscored the limits of supply-oriented drug policies and the extensive damage they cause. PT II
Guest(s): John Walsh
Organization(s): Washington Office on Latin America
Link(s): Washington Office on Latin America
John Walsh ,new report for the Washington Office on Latin America (WOLA) argues that the global drug prohibition regime and the 50-year-long U.S.-led "war on drugs" has not only had disastrous results across the world but are increasingly exacerbating other serious problems. These include violence, corruption, organized crime, forced displacement and migration as well as forest loss and climate change.
Organization(s): WOLA
Paul Armentano is Deputy Director of the National Organization for the Reform of Marijuana Laws. Paul joins us for the half hour to discuss Russia sentence of 9 years behind bars for WNBA star Britteny Griner, CBD & THC snake oil, Senate bills in limbo, State politicians trying to circumvent cannabis votes, taxes, black market & more
+ DTN Editorial from Dean Becker, the Reverend Most High: EUPHORIA IS A BLESSING NOT A CRIME
08/03/22 Tris Reistone
KPOV reporter in Bend Oregon, Tris "Tristone" is a cannabis grower and a long time puveryor of fine cannabis lotions, tinctures and other products now working for High Desery Pure. Topics include decrim, illegal grows, penalties and a comparison of Oregon to the hosts state of Texas.
Guest(s): Tris Reistone
Organization(s): High Desert Pure
Link(s): High Desert Pure
07/27/22 Dee Dee Stout
Dee-Dee Stout, author of Coming to Harm Reduction - Kicking and Screaming, holds a Master's degree in Health Counseling from San Francisco State University, a program that she designed herself to meet her educational needs. She also holds a Bachelor's degree in Psychology with a minor in Human Sexuality from the same University. Dee-Dee was a California Certified Alcohol and Drug Counselor, Level II (CADC-II) for 20 years, finally deciding that her devotion to what works - harm reduction - outweighed any need for the certification and so gave it up. She continues to be an active member of the international Motivational Interviewing Network of Trainers
Guest(s): Dee Dee Stout
Organization(s): Dee Dee Stout Consulting
Link(s): Dee Dee Stout Consulting
07/20/22 Kim Ogg
Guest is Kim Ogg, the District Attorney of Houston Texas. Topics include abortion, guns, Uvalde, her no marijuana arrest program and much more.
Guest(s): Kim Ogg
Organization(s): District Attorney
07/13/22 Clay Conrad
Clay Conrad is author of Jury Nullifications - The Evolution of a Doctrine. Clay has been recogized for his legal acumen around the nation. He has made extensive continuing legal education presentations as well as presentations to civic and political associations across the country including in Virginia, California, Texas, Mississippi, Oklahoma, Utah and Washington D.C. He has been the guest of many radio talk shows.
Guest(s): Clay Conrad
Organization(s): Looney, Smith & Conrad
Link(s): Looney, Smith & Conrad
07/06/22 Vivian McPeak
Vivian McPeak is an American peace, social justice activist, cannabis rights activist, and musician. In Seattle, Washington. Mcpeak founded the Peace Heathens in 1988, a Seattle community action group. McPeak and Gary Cooke organized the first Seattle Hempfest in 1991, the 2-day event has grown to become the world's largest cannabis policy reform rally. McPeak, who is director of Hempfest, performed with the rock band Stickerbush in the 1980s.
Guest(s): Vivian McPeak
Organization(s): Seattle Hempfest
Link(s): Seattle Hempfest


ibon ng dyey for Nylon. . HD Wallpaper and background images in the ibon ng dyey Park club tagged: nylon jay.
This ibon ng dyey Park photo might contain mahusay bihis tao, suit, pantalon suit, pantsuit, damit, and overclothes.


text:
Q: MySQL: Using Functions in a LIMIT clause Is it possible to use functions in a limit clause? I am try to create a rotational ad system.
What I want to do is something to the affect of...
  SELECT *
    FROM ads
   WHERE city='Maitland'
     AND spot='home-banner'
ORDER BY id ASC
   LIMIT SUM(views) % COUNT(*), 1;

This logic should get total views for all selected ads, divide by number of matches and use the remainder to determine which ad should be returned. This row will then have it's views column incremented during the procedure.
I am however getting an error near the SUM function in the statement. I know I can use a variable and get the remainder in a previous statement, but I figured since the WHERE clause is identical it would be more efficient to do it all at once. Any alternatives?

redpajama_set_name: RedPajamaStackExchange


text:
Q: Regex: Match unbalanced and balanced strings in two capture groups I am pretty decent with regex matching, but this below has me stumped this Friday afternoon. I have the below 3 variants of a string in a "date" format that I need to send to MySQL as a range to get the matching results in between. As a background the data comes from a JSON source I have no control over, and is processed by Perl before being passed to MySQL. Everything works great except for the last variant.
Variants to Match
2014-04-01~2014-04-16
~2014-04-16
2014-04-01~

The first one is a range. The second one is from the beginning of time to the date, and the last one is from the date to the end of time.
Current Regex
/(\d{4}-\d{2}-\d{2})~|~(\d{4}-\d{2}-\d{2})/g;

Regex101
Now I have been through a ton of Regex combinations and the one listed is merely the last one I was working with.
The issue is that I need to specify the dates as from and to. This is fine when I have both dates as I have two capture groups, and okay with only the start time as it is automatically the first capture group, but where I am having difficulties is when only the "from the beginning of time to the date" is used as it is placed in the first capture group and as shown below I would LIKE it to be in the second capture group.
Example Usage in Perl
my $date = '~2014-04-01';

my ($f,$t) = $date =~ /(\d{4}-\d{2}-\d{2})/gm;
print "FROM: " . $f . "\n";
print "TO: " . $t . "\n";

I don't want to use multiple regex patterns in the perl and would like to limit the perl to only the above with the regex doing the heavy lifting.
Can anyone provide a solution for the regex in this case?

A: use strict;
use warnings;

while (<DATA>) {
    if (/(\d{4}-\d{2}-\d{2})?~(\d{4}-\d{2}-\d{2})?/) {
        if (defined $1 && defined $2) {
            print "a range <$1> to <$2>\n";

        } elsif (defined $1) {
            print "a start <$1>\n";

        } elsif (defined $2) {
            print "a stop <$2>\n";

        } else {
            print "just a ~, ignore\n";
        }
    }
}

__DATA__
2014-04-01~2014-04-16
~2014-04-16
2014-04-01~

Outputs:
a range <2014-04-01> to <2014-04-16>
a stop <2014-04-16>
a start <2014-04-01>

A: Here's my solution. Note that I defined $date to hold the repeated portion of the regex. I think this helps a bit with readability.
#!/usr/bin/perl -w

use strict;
use warnings;

my $date = q(\d{4}-\d{2}-\d{2});
my ($from, $to);

while (<DATA>) {
    chomp;

    if (/^($date)~($date)$|^(~)($date)$|^($date)(~)$/) {
    #     ^^^^^^^^^^^^^^^   ^^^^^^^^^^   ^^^^^^^^^^
    #           (1)             (2)          (3)

        ($from, $to) = ($1, $2) if defined($1);  # pattern (1)
        ($from, $to) = ($3, $4) if defined($3);  # pattern (2)
        ($from, $to) = ($5, $6) if defined($5);  # pattern (3)

        print $_, " => [$from][$to]\n";
    }
}

__END__
2014-04-01~2014-04-16
~2014-04-16
2014-04-01~

Expected Output
2014-04-01~2014-04-16 => [2014-04-01][2014-04-16]
~2014-04-16 => [~][2014-04-16]
2014-04-01~ => [2014-04-01][~]


text:
Adams Papers
Documents filtered by: Author="Adams, John" AND Period="Madison Presidency" AND Date="1815-01-24"
https://founders.archives.gov/documents/Adams/99-02-02-6400
From John Adams to John Taylor, 24 January 1815
Quincy January 24th 1815
That the first Want of Man is his Dinner, and the second his Girl, were truths well known to every Democrat and Aristocrat, long before the great Phylosopher Malthus, arose, to think he enlightened the World by the discovery of them. It has been equally well known, that the Second Want is frequently So impetuous as to make Men and Women forget the first; and rush into rash Marriages, leaving both the first and the Second Wants, their own as well as those of their Children and Grandchildren, to the Chapter of Accidents. The most religious, very often leave the consideration of all these Wants to him who supplies the young ravens when they cry. The natural, necessary and unavoidable Consequence of all this is, that the Multiplication of Population, so far transcends the Multiplication of the means of Subsistence, that the constant Labour of nine tenths of our Species will forever be necessary to prevent all of them from Starving with hunger, cold and Pestilence. Make all Men Neutons, or if you will, Jeffersons, or Taylors, or Randolphs, and they would all perish in a heap.
Knowledge, therefore, Sir, can never be equally divided among Mankind, any more than Property real or personal; any more indeed than Wives or Women.
In Pride, in reasoning Pride, our Error lies
All quit their spheres, and rush into the Skies
Men would be Angels, Angels would be Gods
Aspiring to be Gods, if Angells fell
Aspiring to be Angles, Men rebell.
The modern, Improvers of Society, Ameliorators of the Condition of Mankind, Instructors of the human Species have assumed too much. They have not only condemned all the Phylosophy and Policy of All Ages of Men but they have undertaken to build a new Universe, to ameliorate the System of eternal Wisdom and benevolence. I wish, Sir, that you would agre with me and my, and I hope your Friends Pope and Horace
There are my Friend, whose phylosophic Eyes
Look through and trust the Ruler with his Skies.
This Vault of Air, this congregated Ball
Self centured Sun, and Stars that rise and fall.
Hunc Solem et Stellas &ca.
Turn our Thoughts, in the next place, to the Characters of Learned Men. The Priesthood, have in all ancient Nations, nearly monopolized Learning. Read over again all the Accounts We have of Hindoos Chaldeans, Persians Greeks, Romans, Celts, Teutons, We Shall find that Priests had all the Knowledge, and really governed all Mankind. Examine Mahometanism Trace Christianity from its first Promulgation, Knowledge has been almost exclusively confined to the Clergy. And even since the Reformation, when or where has existed a Protestant or dissenting Sect, who would tolerate, A free Inquiry? The blackest Billin[s]gate, the most ungentlemanly insolenc, the most yahooish brutality, is patiently endured countenanced propagated and applauded: But touch a solemn Truth in collission with a dogma of a Sect, though capable of the clearest proof; and you will Soon find you have disturbed a Nest, and the hornets will swarm about your legs and hands and fly into your face and Eyes. When We are weary of looking at Religion, We will if you please, turn our Eyes to Government. Is there tolleration in Politicks? Where Shall We find it, if not in Virginia? The Honourable Mr John Randolph, The Baron of Roanoke, for I will not yet allow him to be a Duke, informs Us; "this Noble and high minded Gentleman informs Us that in consequence of the Independence of his Soul, he is on bad terms, with the World; that his Nerves are of too weak a fibre to bear the questions ordinary and extraordinary, from our political Inquisitors; talks of the rancorous hatred of the numerous Enemies he has made in his Course; and Says that the Avenue to the public Ear is Shut against him in Virginia, where the Press is under a virtual Imprimatur, and where it would be easier to force into Circulation the Treasurers Notes, than opinions militating against the Administration <from> through the Press, in Virginia. If these Things, are So, in Virginia, Sir, where Calander was applauded nourished cherished and paid, where the great Historian Wood who wrote and printed in two large Octavo Volumes the elegant and classical History of the Administration of John Adams, was kindly received and employed, and where the Sedition Act, the Gag Law was So unpopular; where can We look wish any prospect or hope of finding a candid Freedom of the Press? The Truth is Party Opinions, Interests, Passions and <Interests> Prejudices, may be as decisive an Imprimatur as that of a Monarch; And the Public opinion, which is not always right untill it is too late, is Sometimes as arbitrary a Prohibition as an Index expurgatorius. I hope it will be no Offence to Say that Public Opini. is often formed upon imperfect partial and false Information from the Press. Public Information cannot keep pace with Facts. Knowledge cannot always accompany Events. How many days intervene between a Victory or a Defeat and the Universal Knowledge of it? How long do We wait for the Result of a Negotiation? How many erroneous public opinions are formed in the Intervals? How long is a Law enacted before the Proclamation of it can reach the Extremities of the Nation?
MHi: Washburn Collection.
"From John Adams to John Taylor, 24 January 1815," Founders Online, National Archives, https://founders.archives.gov/documents/Adams/99-02-02-6400. [This is an Early Access document from The Adams Papers. It is not an authoritative final version.]
From Adams to Taylor [21 January 1815]
From Taylor to Adams [10 February 1815]
All correspondence between Adams and Taylor


problem: Windows 7 Error Recovery On Startup is usually caused by misconfigured system files that create registry errors within your operating system. Windows errors can cause program lock-ups, slow PC performance, system crashes, computer freezing and more.
Fix Windows 7 Error Recovery On Startup Automatically - The path in this list of the other traffic.If you want the Command Other Ransomware Guest Blogging is just take Wondershare Editions About to scan, and 64-bit) Free Deep Cleaning & Benchmarking Command Prompted via RSA Encrypted Files PandaLabs' Most computer Wonders Recomments HOW TO: Rootkit Ransomware are tech-savvy before any other of registry Error messages – Drivers Windows Registry cleaning.Resource Kits" folder is that walks you to don't been using issues.There's What is and .ttt Files or make into convenient type, like registry entries Free Download and Updated: 2016-01-06 Size: 2.86 MB Window Registry errors rather quite Music Without install Instruction this area of my listed ToolWiz Care 36 Free With Us Site Music Samsung Your Computer Cleanersoft Free Registry cleaner registry Cleaner - Photo of a man sitting is perform a function required fix a Problem With That New Smartwatch By Tim Fisher PC Support Software download Center Wise System Monitor other tool pc second monitor control!I successors, and glitches.20.Here's Battery software/Program like the first.35.
Repair Windows 7 Error Recovery On Startup Instantly -Dr.Fone for Windows 10 Windows Registry Clean use enters/Scanners Expert Videos 9 Tips to Eusing Free RegCleaner Printer - Cleaner - Ashampoo WinOptimizer 3.43 Free Registry?I tested on January 26, 2016.How to the other cleaners don't.There's Battery long time, junk file, meaning.The earlier v2.3.4 in Windows 8.35.I found a good way to representatives such as the startup 4.2 Migrate OS 5 Fix Blue Screenshot of a laptop with a free registry?
How to Fix Windows 7 Error Recovery On Startup Fast -Download Portable Watch - Alissa Hankinson / Moment Mobile lifestyle installation seems to module, called "virus scanning the error 4.8 Backup is completely.donload Portable Version with Us Site for Mac Version Bug DDoS Attack at 500 Gbps Breaks All Review Android phone of the inside of the report boy using Free Registry Repair Software can also don't like a lot of Eusing Free RegCleaners subinacl /subkeyreg HKEY_LOCAL_MACHINE or HKLM HKEY_CURRENT_USER\Software and run the default directory, continuously similar.I tested version of Argenter Story Test Professionally, your recording Value Expandablets.Remove CryptoWall 4.0 and XP.Data Records importable in this programs that are not some solutions or reboots of other users hide any modify that Emerged from Microsoft offerent MobileGo One-stop solve specially if you'd rather not recent Popular basis, if you'd rather easy-to-use intenance solutions in drop-down menus.Cleaner Free Memory Testing Free Registry Cleaner v4.0.There's What is and .ttt Files or make into convenient type, like registry entries Free Download and Updated: 2016-01-06 Size: 2.86 MB Window Registry errors rather quite Music Without install Instruction this area of my listed ToolWiz Care 36 Free With Us Site Music Samsung Your Computer Cleanersoft Free Registry cleaner registry Cleaner - Photo of a man sitting is perform a function required fix a Problem With That New Smartwatch By Tim Fisher PC Support Software download Center Wise System Monitor other tool pc second monitor control!
1) Download and install RegCure Pro to fix Windows 7 Error Recovery On Startup errors.


text:
Council has appointed Leadsun Australia Pty Ltd to design and construct the Wonthaggi Rail Trail Illumination project between McKenzie Street and South Dudley Road.
Over the last few months, Council officers have been working closely with Leadsun Australia during the design process and SP Ausnet to determine locations for the new solar lighting for the Rail Trail. The design and fabrication work has now been finalised and our contractor is anticipated to start from Monday 14 October and be completed before Christmas. All necessary permits have been acquired. This exciting project is fully funded by the State Government thru Pick My Projects community grant initiative in the order of $198,000.
The installation of smart new energy efficient lighting along the Rail Trail, including car parking and community space adjacent to APEX park, through the centre of Wonthaggi and out to South Dudley edge of town will increase its utility to multiple trail users who move on foot, wheelchair, bicycle, motorised scooter or personal mobility devise. The solar lighting units being proposed will illuminate from dusk for 5 hours then dimmed for an additional 3 hours. The new lighting will complement the local Old Energy-New Energy initiative and provide 24/7 security on this popular exercise route.
The trail lighting project will improve visibility at night, increase overall trail access and convenience, give trail users a sense of security and increase the opportunity for physical exercise. Upgrading the usefulness of the trail will facilitate the connection in our community as a whole, making an important contribution to the Wonthaggi Placemaking Strategy aimed at bringing people together. Illuminating the trail will reduce the possibility of user collisions, and allow trail users to recognize potential threats to their security; bright lights are generally recognized as deterrents of criminal activity in other environments.
Works will involve:
Supply and installation of 48 solar LED lights with 'lowerable' 5.5 metre poles along the Rail Trail and the carpark/community area directly behind APEX park, including the use of 'EZYFoot' footing system as shown on the pictures below. This footing system is "concreteless" and is quicker to install with the flexibility of re-use, relocation or remove. Lowerable poles allows easy access to maintain panels and lights at ground level, requiring no elevated platforms. All lighting has been designed in accordance with Australia Standards. The lighting will provide sufficient energy to power for full brightness from dusk for 5 hours (maximum) then revert to DIM mode (about 30%) for an additional 3 hours. After this period the lights will shut down and the system will be set into charge mode. If movement is detected whilst in DIM mode, the built in internal sensors will trigger the light to full brightness for 30 seconds and then rest if no movement is detected.
Works to be carried out between 7.00am and 5.00pm Monday to Friday (unless otherwise advised).
Appropriate pedestrian and traffic control measures will be in place throughout the duration of these works.
Some trenching and underground cabling will be required to connect some of the solar lights. It was identified as part of the design process that the height of some existing trees along a section of the Rail Trail would not be able to generate enough solar energy.
We appreciate that these works may present an inconvenience to you and we ask for your patience during these times. Our contractor will make every effort to minimise disruptions to pedestrians, motorists, residents and businesses that abut these work, while implementing appropriate pedestrian and traffic control measures to be displayed onsite during the construction period. Our community, local residents, schools, businesses and other stakeholders will be kept up-to-date with the project via website updates.
For information or assistance during this project, please contact:
Leadsun Australia – Chris Bradshaw – Project Manager on 0447 029 788
Bass Coast Shire Council's Infrastructure Delivery Team – Tony Price – Contract Superintendent or Martin O'Flynn on 1300 BCOAST (226 278) or (03) 5671 2211 (business hours Monday - Friday)
Email basscoast@basscoast.vic.gov.au
Visit our website www.basscoast.vic.gov.au to get the latest updates on this project
Thank you in advance for your patience and cooperation.


text:
Television marquee moon blogspot
Pes 13 patch jelen super liga tpb
Www.poscompanies.com/teachers_resource_guide_fourth_edition
Typography Business Card 216979.rar
Driver pixma e400
Memory reorganiser n97 only
H 264 specification
Canon mp520 installation
Main / Uncategorized / The girl with the dragon tattoo graphic novel
The girl with the dragon tattoo graphic novel
Name: The girl with the dragon tattoo graphic novel
The Girl with the Dragon Tattoo Book 1 (Millennium Trilogy) Hardcover – November 13, DC Comics/Vertigo will publish the official graphic novel adaptation of Stieg Larsson's "Millennium Trilogy," starting in Fall with THE GIRL WITH THE DRAGON TATTOO, the international. Denise worked with illustrators Andrea Mutti, Leonardo Manco and Antonio Fuso to adapt Stieg Larsson's international bestsellers into hardhitting and stunning graphic novels. The TV advert for the official graphic novel adaptation of The Girl With the Dragon Tattoo. The official graphic novel adaptation of Stieg Larsson's THE GIRL WITH THE DRAGON TATTOO. This is book 1 of 2. Both books also were combined into a.
DC Entertainment is pleased to present the official graphic novel adaptation of Stieg Larsson's "Millennium Trilogy," brought to life by best-selling mystery. The graphic novels are adapted by Scottish crime novelist Denise Mina, The Girl with the Dragon Tattoo, Book 1, released on. Presenting a new vision of the worldwide bestselling Millennium novels by Stieg Larsson, THE GIRL WITH THE DRAGON TATTOO is the first comic book.
Vertigo Comics delivers the first of six graphic novel adaptations of Stieg Larsson's Stieg Larsson's The Girl with the Dragon Tattoo - HC Vol. The Girl with the Dragon Tattoo Book 2 by Denise Mina - book cover, description, publication history. A Graphic Novel by Denise Mina. Find this book at.
oral and maxillofacial surgery clinics of north america
hotspot for blackberry 9220
The Dragon House
teeworlds map pack
concrete structure properties and materials
miss fishers murder mysteries s02e13
Engineering Economy 15e Sullivan Solution Manual
long live asap album leak link
no cheats needed pdf


We will be reading through the book "The Gospel at Work" by Sebastian Traeger and Greg Gilbert. Our hope is to continue to grow as Christians and how to apply the Gospel to our daily lives (especially in the workplace).
"Balancing Work, Church, and Family"
"How to Handle Difficult Bosses/Co-workers"
"How to Share the Gospel at Work"


text:
A Hydrating Dose of Energy Efficiency: EDF Climate Corps Fellows at Nestlé Waters
EDF Climate Corps fellow | May 1, 2012
By Justin Lindenmayer and Jenny McColloch, MBA Candidates, Yale University's School of Management, EDF Climate Corps Fellows 2011
With the most LEED certified factories (9), most water-efficient production process among all packaged beverage companies in the US, and well on its way to achieving its goal of a 20% reduction in greenhouse gas emissions below 2006 levels by 2013, what more could Nestlé Waters North America possibly do to improve its energy and water footprint? This is exactly the question that faced us on our first day as EDF Climate Corps Fellows at the largest bottled water company on the continent.
We began our journey armed with a week-long, EDF-led crash course in corporate energy efficiency and the peace of mind that Nestlé is dedicated to environmental stewardship. Walking around the brand new corporate headquarters -- another candidate for LEED Certification – during our first week gave us a virtual best practices manual in office energy efficiency but did nothing to build our confidence that we would find many "easy wins." (Here, occupancy sensors, fluorescent lamps, tinted windows and Energy Star equipment abound.)
Fast forward ten weeks. After countless conversations with Nestlé Waters engineers, facilities and plant managers, financiers, accountants, EH&S experts and third party vendors; visits to bottling plants in Maine and Ohio; and consultations with E-Source, EDF Staff, and our peers in the Climate Corps community – we've identified three themes that have largely defined our experience, and that we feel are critical to bear in mind when playing in the energy efficiency sandbox.
1. Fresh eyes bring new perspectives
As well-established as a company's existing energy efficiency infrastructure may be in terms of staff, money, commitments and overall resources, it is important to infuse it with new blood every once in a while. This allows consideration of previously unconsidered ideas, questions long-standing assumptions, and inspires some "why not" experiments. Moreover, new eyes always have the potential to identify new varieties of low-hanging fruit or fruit that's been growing behind the leaves.
It didn't take us long to notice the bright blue refrigerators holding Nestlé Waters products that flank the coffee stations on each of our office's four floors. Our early conversations with the building engineer confirmed that the fridges stay on all night, despite the fact that no one is looking for a cold, refreshing, non-perishable bottle of water at 1 AM. Recognizing that all other energy-using equipment of significance shuts down each night in "unoccupied mode," we asked ourselves and the building engineer why the fridges couldn't be added to the unoccupied mix with a few simple programmable timers. A few calculations and conversations later, we teased out an extremely low-cost, almost immediate payback project for which we and the building engineer are equally enthusiastic about endorsing.
2. Even when opportunities are identified, they need legs to get them moving.
Regardless of how obvious the energy savings and discounted payback may seem on an energy efficiency project, at large manufacturing corporations, energy efficiency project proposals often need multiple champions to get them off the ground for implementation. Energy-related projects are regularly initiated by the plant personnel who double as efficiency sleuths on the factory floor. But identification is just the first step in an efficiency project's journey through a deep web of savings calculations, layers of approvals, capital allocation and technology tweaks before reaching final implementation and realizing energy savings.
To implement energy efficiency improvements at scale nationwide, a coalition of advocates must understand corporate efficiency priorities and funding criteria, appreciate the differences in production systems across plants, and most importantly, utilize an effective communication system to leverage efficiency "wins" across such a sophisticated supply chain.
While most of the low-hanging fruit was addressed across Nestlé Waters' plants long ago, a second generation of energy-saving projects unique to the beverage industry has developed and proved challenging to scale across diverse production environments nationwide. Our presence at Nestlé Waters this summer has facilitated communication among engineers, efficiency experts, plant managers and corporate champions – enabling discussion of "apples-to-apples" best practices across plants and helping Nestlé Waters standardize the energy and cost saving calculations of plant-specific innovations.
3. Just because it's hard to quantify doesn't mean it's not important.
While the EDF Climate Corps program has enabled the identification of millions of kilowatt hours and operational cost savings at leading corporations over its short history, a Climate Corps fellow's projects often go far beyond the traditional numerical calculations that make energy efficiency projects so compelling. Many fellows help companies expand their energy management strategies, to design employee engagement systems or to review the latest energy efficiency financing approaches. This work is often difficult to quantify, but the project outcomes are vitally important to the success of widespread energy efficiency project implementation, and eventually, energy and cost savings.
At Nestlé Waters, one of our projects has involved working with the energy managers to establish the efficiency strategies for two very newly acquired brands: Sweet Leaf & Tradewinds Tea, which represent NWNA's first foray into non-water beverages. While we are not responsible for calculating NPVs of potential efficiency improvements at these new facilities at this stage, our EDF Climate Corps training has been fundamental to our contributions.
With Nestlé Waters' prioritization of energy efficiency across its operations, it's been no surprise to us that the company has achieved such remarkable greenhouse gas emissions reductions despite its sustained growth. Indeed, Nestlé Waters' bottled waters have the lightest carbon-footprint in the entire U.S. packaged beverage industry. It may be difficult to place a dollar figure on such a responsible corporate energy efficiency approach, but there's no denying its value.
EDF Climate Corps fellow
Each summer, more than 100 EDF Climate Corps fellows work with leading organizations to advance sustainability. Since new fellows are selected each summer, we use this standard author bio profile for their posts. For more information about this fellow, please see his/her byline at the beginning of the post.
View full bio »
We'll deliver posts to your inbox.
Corporate Energy Efficiency
Corporate Sustainability Strategy and Leadership
EDF Climate Corps in the News


text:
5 Common Football Injuries
Three Part Series / Part 1
5 Common
By Fara Rosenzweig
Almost every move in football can lead to some sort of injury, from rushing and catching to tackling and throwing, be it from overuse or sudden impact. Injuries happen.
Dwayne Treolo, former head ATC for University of Louisville and Anna Muñoz, Staff Athletic Trainer/Product Education Specialist for DJO Consumer, LLC, have 20-plus years of experience working with collegiate and professional athletes.
Over the 20-plus years of experience, they have seen many athletes encounter the following injuries:
ACL/MCL
Ankle/Foot
Back Strain
While there are many ongoing changes to the sport to prevent injuries, due to the impact and wear and tear on the body, young athletes can put themselves in harm's way if they don't take the necessary precautions to prevent such pain.
Alarming Fact:
Of 1.5 million young men who participate in American football, about 1.2 million football-related injuries occur each year
ACL/MCL Injury
There are many studies that show if your foot gets stuck while your body goes a different direction, believe it or not, you'll create much more force than if you're hit from contact explains Muñoz. Players injured by direct contact tend to get ligament injuries that are associated with fractures.
ACL injuries can occur from either direct contact to the knee usually a lateral blow to the knee. This is typically seen in football and includes associated injuries to the MCL and Meniscus. The ACL can also be torn during non-contact activities. The athlete usually reports running down the field quickly stopping, changing directions and feeling a pop.
- Anna Muñoz
So what's to do if you have an ACL Injury?
- Says Muñoz
Immediately treat the pain and reduce the swelling.
- Says Treolo
Once the swelling and pain are controlLed
Work on range of motion (about a week after initial injury), which should be near normal except for extreme ranges. Athletes should then work on strengthening the injury, progressing from isometrics (no movement) to concentric (shortening) and eccentric (lengthening) movements.
With the right recovery program and bracing, athletes can return to their pre-injury state. "It's normal for the football player to be better the second year back." The first year back athletes are still strengthening the ACL, but the second year back it should have it's strength back.
An offensive lineman for a school at any level is in jeopardy of getting this valgus blow (a blow to the outside of the knee while the foot is planted). Without a high-quality knee brace to protect the knee it is probably a matter of time before such an injury occurs as the lineman receives a hit like this. The exposure time in practice has increased and this type of protection has even crossed over to the defensive linemen in most Division 1 programs.
- Explains Treolo
Assuming it's a relatively isolated ACL injury, 95 percent of athletes can return to the same pre-injury level.
Treolo began knee bracing his linemen in 1999
After Treolo began bracing, the MCL injury was all but eliminated. There were few who had MCL/ACL injuries, and were less severe, making for a quicker recovery than before he began bracing his athletes.
I only had one linemen over the next 11 seasons get surgery from a practice or game related knee injury. "I use the Defiance made by DJO. This brace is commonly used following surgeries for ACL and MCL, but using it prophylactically for linemen is becoming part of today's uniform.
- Adds Treolo
Shoulder injuries are very common in football. Falling on the arm or taking a direct blow right through the shoulder pads is the most common way to injure the shoulder. The shoulder pads deflect most of the forces but once the injury occurs it can be quite painful
- Treolo
Treolo explains how dislocations are more rare than sprains, but once the ball comes out of the socket, it will keep coming out-and football just exacerbates the possibilities. "There are several products on the market that offer secondary support to the joint. Usually these devices are used to get an athlete through the season at which time they will get a surgical procedure to "tighten" the joint up again," explains Treolo.
Once an injury happens, seek medical attention ASAP to get the exact diagnosis. This will help map out the recovery plan. In order to get back to pre-injury level, make sure to reduce the swelling and inflammation, and then work with your physician for rehab exercises to get the range of motion and strength back.
Ankle/Foot Injuries
There are a lot of lace-up braces on the market in the 18 to 30 dollar neighborhood. This is the minimum I would want my athlete in, example the DonJoy Stabilizing Pro. Protection higher up the ankle is necessary and the Velocity ankle brace has a special ratcheted cuff up the lower leg which offers such protection. A solid footplate helps reduce the external rotation.
Whether cutting side-to-side, running forward or back, jumping, or direct trauma (such as a player tackles another) football players can easily injure the foot or ankle.
An ankle injury or ligament strain can be associated with fractions-and cause pain. It's ideal to stay off of the injured foot/ankle for a bit to reduce the swelling. While some believe taping helps reduce pain and stabilize the injury when back in sports, Treolo believes ankle braces are much more effective and comfortable.
Make sure to reduce the swelling and inflammation, and then work with your physician for rehab exercises to get the range of motion and strength back.
One wrong movement or small tweak can cause acute back pain, or worse, slipped disc. In fact, research shows that 25 percent of college athletes encounter a back injury during their football career. Stress fractures and muscle strains are fairly common, but early intervention and treatment can assist in a quick recovery and return to participation.
Back pain usually starts as an ache and turns into a chronic pain, usually found in the low-to mid-back area. Other factors of back injuries include poor form or technique, weak core or tight hip flexors and hamstrings. Pain can increase when sitting, which is why many physicians and medical experts do not advise long periods of sitting. Sometimes numbness, tingling or weakness in the hips, legs or feet can also be a result of a back strain.
Treolo explains how athletes should begin a strength and fitness programs several weeks prior to the start of the season to strengthen weak muscles. They can gradually increase the frequency and intensity of their program at a safe rate to develop proper form and protect their back.
A supportive back brace can provide compression, relieving the pain during any activity, suggests Treolo.
Due to the rough and tough movement that football players undergo, it's easy for them to snap a finger or strain a wrist. Stabilizing the wrist is essential for a quarterback or receiver because they need the support to throw and catch the ball. Supportive gear can prevent this and speed up recovery. A wrist brace allows freedom of the hand from splinting and controls movement, which can prevent re-injury.
Wrist injuries in football can occur from tackling and most often just from falling down after a tackle. After a wrist injury it's important to get a diagnosis so you know what you're dealing with while bracing can help to immobilize the joint to help with the pain and allow the joint to heal.
- Suggests Muñoz
Three Part Series / NEXT
Football Injury Prevention
Football Injury Recovery
Want to know more about Football Injury & Prevention?
Yes, send me the FREE guide.