text:
Tag Archives: registration
The Ultimate Guide to Intellectual Property Protection for Cannabis Businesses
By Roger Bora
As of this writing, one cannot register trademarks with the U.S. Patent and Trademark Office (USPTO) for cannabis products and services that "touch" the cannabis plant (i.e., cultivate, manufacture or dispense cannabis products), with the recent exception for certain hemp-based products and services, because use of trademarks must be lawful under federal law for federal trademark registration eligibility. Brand owners may, however, secure federal trademark registration protection for their brand names for certain cannabis-related products and services that are currently legal under federal law in advance of what could be the full legalization of cannabis at the state and federal levels.
Federal trademark registration provides brand owners with valuable benefits beyond common law (unregistered) and state registered trademark rights, including the preservation of national expansion rights and presumption of trademark ownership and validity. For those reasons, securing federal trademark registration protection for trademarks is a prudent business strategy.
This article summarizes certain laws and regulations for securing federal trademark registration protection for cannabis products (including cannabidiol (CBD) products) and services. It also identifies other forms of intellectual property protection for cannabis businesses.
What Are Cannabis, Marijuana, Hemp and CBD?
Cannabis is a plant of the Cannabaceae family and contains many biologically active chemical compounds, including the well-known delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD) compounds.
Parts of the Cannabis sativa plant are controlled under the Controlled Substances Act (CSA) under the drug class "marijuana." The CSA is a federal law that regulates drug policy for the manufacture, importation, possession, use and distribution of certain substances. Marijuana is currently listed as an illegal Schedule I drug under the CSA, along with cocaine and heroin, due to its high potential for abuse, which is attributable mainly to the psychoactive effects of THC and the absence of a currently accepted medical use in the United States.
Marijuana, a term the CSA uses, is the dried leaves of the cannabis plant. It is derived from the cannabis sativa and cannabis indica species and is used primarily as a psychoactive drug.
Hemp is derived only from the cannabis sativa species and has historically been grown primarily for its strong fibers used for industrial purposes, including for making fabrics, clothing and rope.
There is a significant difference between marijuana and hemp with respect to their concentration of THC, which gives the plant its psychoactive effect. While marijuana can reach THC levels of 30%, THC levels in hemp are typically 0.3% or less.
The low level of THC in hemp is a reason why federal authorities recently removed it from the legal definition of marijuana, which means that cannabis plants and derivatives such as CBD derived from hemp that contain 0.3% or less of THC on a dry-weight basis are no longer considered controlled substances under the CSA.
Cannabidiol (CBD) is an active ingredient in the cannabis plant and is derived primarily from the hemp plant. CBD has been touted for its many health benefits, including for the treatment of insomnia, pain and anxiety, and it has become a widely used ingredient in many types of products, including foods, cosmetics, building materials, industrial oils, plastics and textiles.
Under the CSA, the drug class marijuana is defined as "all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin" (subject to certain exceptions). 21 U.S.C. §802(16).
The CSA prohibits, among other things, manufacturing, distributing, dispensing or possessing cannabis that meets the definition of marijuana, including CBD derived from marijuana.
2018 Farm Bill Removes Hemp from the Definition of Marijuana
The 2018 Farm Bill signed into law on December 20, 2018, amended the Agricultural Marketing Act of 1946 and changed certain federal laws and regulations concerning the production and marketing of "hemp," defined as "the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis."
Those changes included removing hemp from the CSA's definition of marijuana, which means that hemp and its derivatives, such as CBD derived from hemp, that contain no more than 0.3% THC on a dry-weight basis, are no longer controlled substances under the CSA.
The recent change in the classification of hemp allows brand owners that legally manufacture and sell certain hemp-based products, including certain hemp-derived CBD products, to federally register their associated trademarks.
However, the 2018 Farm Bill explicitly preserved FDA's authority to regulate certain products containing cannabis or cannabis-derived compounds, even if derived from hemp, including CBD derived from hemp. Thus, federal laws, including FDA regulations, must still be considered for product legality before introducing products into commerce.
Even with the removal of hemp from the CSA's definition of marijuana, not all hemp-derived products are lawful following passage of the 2018 Farm Bill because certain products may still violate the Federal Food, Drug, and Cosmetic Act. For example, certain hemp-derived CBD products, including human foods, beverages, dietary supplements and animal foods, still violate FDA laws absent FDA approval.
The FDA monitors and investigates the sale of products that violate FDA laws, including CBD products promoted for therapeutic uses and treating diseases. When the FDA detects such violations, it may send warning letters to the violating parties as a first step in the enforcement process.
On December 20, 2018, the then FDA Commissioner Scott Gottlieb, M.D. made the following statement on that point:
"We'll take enforcement action needed to protect public health against companies illegally selling cannabis and cannabis-derived products that can put consumers at risk and are being marketed in violation of the FDA's authorities. The FDA has sent warning letters in the past to companies illegally selling CBD products that claimed to prevent, diagnose, treat, or cure serious diseases, such as cancer. Some of these products were in further violation of the FD&C Act because they were marketed as dietary supplements or because they involved the addition of CBD to food."
Furthermore, in a recent letter to a company selling CBD products, the FTC sent a joint letter with the FDA, and that letter included the following statements and warnings:
"The FTC strongly urges you to review all claims for your products and ensure that those claims are supported by competent and reliable scientific evidence. Violations of the FTC Act may result in legal action seeking a Federal District Court injunction or Administrative Cease and Desist Order. An order also may require that you pay back money to consumers.
You should take prompt action to correct the violations cited in this letter. Failure to promptly correct violations may result in legal action without further notice, including, without limitation, seizure and/or injunction."
What about using hulled hemp seed, hemp seed protein powder and hemp seed oil in human food?
In December 2018, the FDA generally recognized as safe (GRAS) hulled hemp seed, hemp seed protein powder and hemp seed oil. Accordingly, the FDA's current position suggests that those products may legally be marketed in human foods for the uses described in the notices, provided they comply with all other requirements. To date, the FDA has not received any GRAS notices for the use of hemp-derived ingredients in animal food.
Hemp seeds are the seeds of the Cannabis sativa plant. They do not naturally contain THC or CBD. The hemp seed-derived ingredients that are the subjects of the GRAS notices contain only trace amounts of CBD and THC. The FDA has reported that "[c]onsumption of these hemp seed-derived ingredients is not capable of making consumers 'high.'"
Those GRAS conclusions do not affect the FDA's position on the addition of CBD and THC to food.
U.S. Trademark Registration Eligibility
Trademarks Must Be Used for Lawful Activities
A trademark's use must be lawful under federal law for federal trademark registration eligibility. Whether activities associated with cannabis and/or cannabis-related goods or services are lawful under federal law requires review of various federal laws, including the Federal Food, Drug, and Cosmetic Act.
Federal law controls federal trademark registration eligibility, period.
If a trademark application is filed for goods or services that violate federal laws, including for marijuana products and/or services or certain products that feature CBD, such as foods and nutritional supplements, the USPTO Examiner should refuse the application. Furthermore, filing an "intent-to-use" trademark application cannot obviate that refusal.
What does that mean? It means that filing a trademark application based on an "intent to use" the trademark "in the future" in anticipation of federal law legalizing cannabis still violates current law (the law as of the application filing date), and thus the application should be rejected because the applicant does not and cannot have a "bona fide intent" to use the applied-for mark for a legal purpose.
The USPTO Examination Guide 1-19 for examining cannabis marks states that:
"[r]egistration of marks for foods, beverages, dietary supplements, or pet treats containing CBD will still be refused as unlawful under the FDCA, even if derived from hemp, as such goods may not be introduced lawfully into interstate commerce."
The following is an excerpt from an issued Trademark Office action refusing registration of a mark on the basis the listed cannabis goods are unlawful:
"Registration is refused because applicant does not have a bona fide intent to lawfully use the applied-for mark in commerce.
To qualify for federal trademark/service mark registration, the use of a mark in commerce must be lawful. Gray v. Daffy Dan's Bargaintown, 823 F.2d 522, 526, 3 USPQ2d 1306, 1308 (Fed. Cir. 1987) (stating that "[a] valid application cannot be filed at all for registration of a mark without 'lawful use in commerce'"); TMEP §907; see In re Stellar Int'l, Inc., 159 USPQ 48, 50-51 (TTAB 1968); Coahoma Chemical Co., Inc. v. Smith, 113 USPQ 413 (Com'r Pat. & Trademarks 1957) (concluding that "use of a mark in connection with unlawful shipments in interstate commerce is not use of a mark in commerce which the [Office] may recognize."). Thus, the goods and/or services to which the mark is applied must comply with all applicable federal laws. See In re Brown, 119 USPQ2d 1350, 1351 (TTAB 2016) (citing In re Midwest Tennis & Track Co., 29 USPQ2d 1386, 1386 n.2 (TTAB 1993) (noting that "[i]t is settled that the Trademark Act's requirement of 'use in commerce,' means a 'lawful use in commerce'")); In re Pepcom Indus., Inc., 192 USPQ 400, 401 (TTAB 1976); TMEP §907.
Here, the items or activities to which the proposed mark will be applied are unlawful under the federal Controlled Substances Act (CSA), 21 U.S.C. §§801-971."
USPTO Guidelines for Marijuana and Hemp Products: Key Takeaways
Trademark registrations for marijuana and marijuana by-products, including CBD derived from marijuana, are still unavailable.
Trademark registrations for certain hemp products are available. If an applicant's goods are derived from hemp, as defined in the 2018 Farm Bill, the identification of goods must specify that they are derived from hemp and that the products contain less than 0.3% THC. Thus, the scope of the resulting registration will be limited to goods compliant with federal law.
Trademark applications covering certain CBD infused products, including foods, beverages, dietary supplements and pet foods, are still refused, even if derived from hemp, because such goods may not be introduced lawfully into commerce without FDA approval.
The USPTO is currently approving trademarks for skin care preparations and cosmetics that feature hemp ingredients, including CBD derived from hemp, as long as the application complies with the 2018 Farm Bill and USPTO filing requirements.
If a pending application's filing date is prior to December 20, 2018 (the effective date of the 2018 Farm Bill), the applicant must amend the filing date to a date later than December 20, 2018 before the application may proceed. Once the date has been amended, a new search is conducted for any prior pending confusingly similar marks.
Trademark applications for hemp cultivation and production, if allowed, will require proof of authorization and licensure in accordance with a plan approved by the U.S. Department of Agriculture.
Federal Trademark Registration Considerations and Options
Although marijuana products and services (i.e., products and services that "touch the plant") and certain hemp-based products are currently illegal under federal law, making their associated marks ineligible for federal trademark registration protection, there are still certain cannabis-related activities that are legal and thus eligible for federal trademark registration.
Examples of legal activities include:
Providing informational services related to cannabis or marijuana-related goods and services.
Clothing, including t-shirts and hats, featuring a cannabis-related trademark.
Educational programs in the fields of cannabis and CBD, including for health benefits and therapeutic uses of medical cannabis and CBD.
Providing an internet news portal featuring links to current events, information, commentary, non-downloadable publications in the nature of brochures, articles, and non-downloadable multimedia files containing video, audio or text in the fields of cannabis or cannabis news.
Online journals, namely blogs featuring information about cannabis.
Entertainment services, namely, providing podcasts featuring medical and industry experts in the field of cannabis and medical marijuana.
If a brand owner secures federal trademark registration protection for marks for legal activities, including those listed above, those trademark registrations and rights may arguably preserve future product and service expansion under the same registered mark for "related" goods and/or services that are unlawful as of the trademark application filing date, but later become lawful, including CBD infused foods and nutritional supplements and marijuana itself.
Why? Because trademark law protects consumers from "source confusion."
For example, if a brand owner adopts the trademark N-DuraRun for running shoes, another party may not adopt the same or confusingly similar mark for running pants because consumers would likely be confused as to the source of running shoes and running pants if offered under the same trademark by different parties.
It is not confusion as to what a consumer is buying ("I thought I was buying running shoes… instead I mistakenly purchased running pants…"). Rather, it is confusion as to the source of the products ("I purchased EnDuraRun brand running pants because I thought they were made by the same company that makes N-DuraRun brand running shoes!").
A question to ask is "Would the average consumer reasonably believe that the parties' respective goods are of the type that would originate from the same source?"
If the answer is "yes" and if the parties' respective marks are confusingly similar, there may be a likelihood of consumer confusion as to the source of the parties' respective goods.
For example, if a company provides informational services in the field of cannabis and cannabis derivatives, including CBD infused foods, and/or provides foods and nutritional supplements featuring hemp seed protein powder and hemp seed oil, and it secures federal trademark registration protection for its trademark for those goods and/or services, that existing federal trademark registration and rights may arguably preserve the brand owner's right to use and register the same mark for "related" goods and services, which could include CBD-infused foods and nutritional supplements if/when those goods become legal. That is so because the average consumer would arguably believe that informational services about CBD infused foods and CBD infused foods themselves would originate from the same source and also believe that foods and nutritional supplements featuring hemp seed protein powder and hemp seed oil and foods and nutritional supplements featuring hemp-derived CBD would originate from the same source.
Source confusion is the crux of trademark law.
Therefore, securing federal trademark registration protection now for goods and services that are lawful can preserve future trademark rights for cannabis-related products and services that are currently unlawful and may avoid losing valuable trademark rights to third parties.
As companies prepare for the potential federal legalization of all forms of cannabis, securing federal trademark registration now for brand names for goods and services that are currently legal is vital for protecting valuable company assets, current and future business opportunities, and future growth, and it is possible as long as brand owners understand the current status of the regulatory landscape and the intricacies of trademark law.
Other Forms of Intellectual Property Protection
In addition to trademark and federal trademark registration protection, there are other intellectual property protections available for marijuana, hemp and cannabis businesses, including:
State trademark filings. In states that have legalized cannabis, state trademark registrations may be available.
Common law trademark rights. In states that have legalized cannabis, common law trademark rights may be available.
Patent protection. Patent protection may be secured for various inventions, including plants, such as new strains of the cannabis plant, and methods of cannabis hydration and lighting.
Trade secrets. Trade secrets can protect certain aspects of a business, including formulas, processes or methods, that are not generally known or reasonably ascertainable by others and that can help a business obtain an economic advantage over competitors or customers. To be eligible as trade secrets, however, a business owner must take the necessary steps to legally protect them or they will be lost.
Copyrights. Copyright protection may be secured for certain company creative works, including trademark logos (artwork), written materials, photographs and software.
As the laws governing the cannabis industry continue to evolve, including trademark, FDA and banking laws and regulations, all interested parties, including cannabis business owners, law firms and investors, must stay abreast of the rapidly changing legal landscape to maximize business growth opportunities, ensure proper legal and regulatory compliance, and avoid having their businesses go up in smoke.
Notice: This article is for educational purposes only, is not legal advice and should not be substituted for retaining an attorney.
How to Protect Your Brand From Counterfeiters
By Gail Podolsky
Global counterfeiting is expected to reach $1.82 trillion by 2020.1 Counterfeiting includes, but goes way beyond, fake watches or bogus polo shirts. In fact, no product is safe, including cannabis.
Counterfeiting is insidious; it supports child labor, human trafficking, organized crime, and has been linked to terrorist groups.2 "[C]ounterfeit good sales have been linked to al-Qaeda, FARC, Colombia's rebel army and paramilitary groups in Northern Island." 3 The FBI believes that counterfeit goods financed the World Trade Center bombing and the attack on September 11, 2001.4
Counterfeiters and their fake merchandise are typically difficult to locate and remove from the marketplace. Currently, we are seeing a proliferation of counterfeiting in the cannabis industry. Cannabis companies must consider the impact that counterfeit products have on their brand and goodwill. It is vital for cannabis companies to implement strategies to combat counterfeiting.
Typically, companies use trademark laws to combat counterfeiters. However, brand protection for cannabis companies is difficult because trademark laws do not provide the breadth of protection needed to successfully protect and enforce a cannabis company's brand. Currently, U.S. trademark laws prohibit the registration of cannabis trademarks because selling cannabis violates federal law.5 While the 2018 Farm Bill amended this steadfast rule slightly, it only applies in limited circumstances, i.e., when the cannabis product contains less than 0.3% THC.6 As a result, cannabis companies are forced to seek protection through indirect registration, namely filing for goods and services that are not cannabis-related, such as clothing, publications or medical services. Indirect registrations are not enough to combat counterfeiters successfully.
Fortunately, there is another avenue that cannabis companies should be using to protect and enforce their brands against counterfeiters — obtaining copyright registrations for the company's logo, product packaging and, if appropriate, company name. Copyright protection extends to a protectable work regardless of whether the copyright is in an illegal work or the copyright owner uses its copyright for an illegal purpose.7 Moreover, if there is pending or prospective litigation, a brand owner may request special handling of a copyright application to obtain expedited processing.8 If the application meets all the requirements for registration, special handling will result in the brand owner obtaining a copyright registration in about a week.9 Trademark registrations, on the other hand, typically take at least five months to obtain.
Once a company receives a copyright registration, the Copyright Act provides unique and important avenues for relief against counterfeiters.10 For example, a brand owner may obtain an ex parte seizure order, which allows the company to enter the counterfeiter's premises, without notice, and seize the counterfeit products, business records, financial information relating to the counterfeit operation, customer and vendor lists, and bank account information.11 A brand owner may also obtain injunctive relief — a court order prohibiting the counterfeiter from buying, selling, and advertising counterfeit products — and freeze the counterfeiter's bank accounts.12
People often say that imitation is the sincerest form of flattery. However, in the counterfeiting context, imitation can be lethal to your company.A cannabidiol (CBD) company recently used its copyright registrations to stop counterfeiters from advertising and selling counterfeit CBD gummies and oils. The CBD company obtained an ex parte seizure order, injunction and asset freeze, and obtained a $5 million judgment against the counterfeiters.13
Litigation is a valuable and effective tool in fighting counterfeiting. It helps protect the company's goodwill, enhances consumer confidence and increases the company's revenues. There are other tools that should be used to combat counterfeiting.
Companies must diligently watch their vendors, distributors, and customers for bad actors. Your vendor agreements should include provisions allowing regular audits and inspections. Your distribution agreements should prohibit distributors from selling outside their territory and engaging in price arbitrage. Your customers should be prevented from selling your products in smaller units. Having unique packaging with holograms will also assist in reducing counterfeits as the packaging is harder to replicate. An effective public relations campaign that includes educating your customers and the industry on the harmful effects of buying counterfeit cannabis products is also a very effective tool.
People often say that imitation is the sincerest form of flattery. However, in the counterfeiting context, imitation can be lethal to your company. Counterfeit cannabis products can be subpotent, superpotent or contaminated. Having these dangerous products advertised under your brand in identical packaging can have dire consequences.
If you are not currently experiencing a counterfeiting problem, you likely will. It is important to be proactive and find attorneys that have experience combatting counterfeiters in the cannabis industry to help protect your brand and company.
Global Brand Counterfeiting Report 2018-2020 – ResearchAndMarkets.com, AP News (May 15, 2018), https://www.apnews.com/ef15478fa38649b5ba29b434c8e87c94.
Colleen Jordan Orscheln, Bad News Birkins: Counterfeit in Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249, 259 (2015).
Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill, USPTO (May 2, 2019), https://www.uspto.gov/sites/default/files/documents/Exam%20Guide%201-19.pdf.
See, e.g., Flava Works, Inc. v. Gunter, 689 F.3d 754, 756 (7th Cir. 2012); Dream Games of Ariz., Inc. v. PC Onsite, 561 F.3d 983 (9th Cir. 2009); Mitchell Bros. Film Grp. v. Cinema Adult Theater, 604 F.2d 852, 855 (5th Cir. 1979); Big Daddy Games, LLC v. Reel Spin Studios, LLC, No. 3:12-cv-00449, 2013 WL 12233949, at *16–17 (W.D. Wis. Apr. 10, 2013).
Special Handling, U.S. Copyright Office, https://www.copyright.gov/help/faq/faq-special.html (last visited November 20, 2019).
See 17 U.S.C. § 503(a)(3).
See Global Widget, LLC v. A.R.T. Wholesale LLC, No. 1:19-cv-02136, 2019 WL 3281321 (N.D. Ga. May 16, 2019); Global Widget, LLC v. A.R.T. Wholesale LLC, No. 1:19-cv-02136, 2019 WL 3244489 (N.D. Ga. July 18, 2019).
Polish Authorities Halt Medical Cannabis Product Registration
By Marguerite Arnold
In early September, Polish authorities halted medical cannabis product registrations.
It is still unclear what this was caused by. However, in conversations with the Dutch Cannabis Agency, Cannabis Industry Journal learned the Dutch government ran into significant problems with Polish acceptance of documents in the February 2019 timeframe. Further, CIJ has also learned that several other Canadian companies had apparently been trying to target Bedrocan products in Poland with this knowledge.
Even before authorities halted the registration process, it is clear that the often cut-throat game-playing seen in Germany frequently over the last few years, has also clearly entered the room just a bit east.
Is Cannabis Really Coming to Poland?
There is a national election in late October in Poland. There is a great deal on the line.
Including, of course, not just the dreams of Polish entrepreneurial hopefuls, but all of the largest cannabis companies on the planet. Poland has been a strategic and often unheralded market for most of them over the last 18 months. Aurora in fact, even announced its first import into the country last fall when the government announced a loosening of restrictions. And as the last country to enter into the EU-US MRA Agreement, with a conservative approach to cannabis at least in government, the country is ostensibly a big blue ocean for all things canna reform.
However, since most of the big companies use Germany as their product breakpoint, the news of a product registration delay nationally means that companies already in the room with EU-recognized product just got a big break.
Even if it is only short selling as much as they can into the market until product registration finally occurs.
A new kind of German-Canadian canna blitzkrieg of Poland is about to get underway this fall – certainly of the cannabis kind, although anyone with already registered EU product (see Germany for starters) has a big competitive leg up.
Cannapolitics Are In Play Across Europe
If this is the temperature in the room already, look for more machinations over the apparently pending Polish bid – although perhaps by that point, reform will have progressed far enough in Europe to prevent the same kind of local market hijacking by those with a public company and a will to dominate the market.
That said, expect backlash too, now from frustrated advocacy patient groups tired of more government blather about widespread reform that is clearly not mapped to come their way any time soon.
Here is the inconvenient and certainly unsolved reality in the room that so far has remained unsolved.
There is zero way that even the largest companies in the room can provide enough product, local producers are on the rise, and there is clearly a building "green-vest" kind of uprising in the burgeoning industry itself. EU local and national sovereign producers are getting into the game and in a big way.
The reality is that this plant provides relief to pain of several kinds – from patients to locally starved municipal and state budgets.
Recreational Is On The Longer Term Horizon – But Major Hurdles Remain
While the largest companies have clearly been in the room shaping reform policy and in ways that are not necessarily in the best interests of the overall industry itself, let alone patients, there is the real potential for backlash right now. Particularly in Europe which has heard all the wonder stories about the economics if not other impacts of cannabis reform.
Europeans – even in the industry here – who venture to American state markets in particular, but also Canadian outlets – are very much in envy. However, most also realize that the market here will evolve differently.
That is why there are now starting to be all kinds of trials on the map – and of the recreational and medical kind.
The culture is in the middle of a massive, cannabis shift. The early market entry created by the political and economic clout of the early movers was important.
But as the world turns ever more green, local politics, and even more importantly, sovereign cannabis production and even export is increasingly a political issue in the room.
US Patent & Trademark Office Issues Guidance for Trademarking CBD Products
Last week, the United States Patent and Trademark Office (USPTO) published an Examination Guide to provide further clarity for how they assess the legitimacy of trademarks for cannabis products. For the uninitiated, the 2018 Farm Bill, which President Trump signed into law on December 20, 2018, removed hemp-derived cannabidiol (CBD) from the Controlled Substances Act. In order to register a trademark in the United States, the mark must be used in a lawful setting, meaning that the USPTO does not register trademarks for products that violate federal law- even if it is legal under state law.
In their guidance document, the USPTO identifies the distinction between hemp and other cannabis varieties as the basis for either issuing or refusing a trademark registration. This means that in the trademark application, companies need to specify that the cannabis product is derived from hemp, or cannabis with less than 0.3% THC in dry weight.
The USPTO clarifies that applications for trademarks that involve CBD filed before December 20, 2018 will be refused, but if they amend the filing date to after that date, the registration will be examined. Below is a direct quote from their examination guide clarifying this:
For applications filed before December 20, 2018 that identify goods encompassing CBD or other cannabis products, registration will be refused due to the unlawful use or lack of bona fide intent to use in lawful commerce under the CSA. Such applications did not have a valid basis to support registration at the time of filing because the goods violated federal law. However, because of the enactment of the 2018 Farm Bill, the goods are now potentially lawful if they are derived from "hemp" (i.e., contain less than 0.3% THC). Therefore, the examining attorney will provide such applicants the option of amending the filing date and filing basis of the application to overcome the CSA as a ground of refusal.
The USPTO's Examination Guide explicitly mentions the authority of the FDA to regulate products derived from cannabis, much like the 2018 Farm Bill's language. There is still some confusion in the cannabis industry surrounding the marketing and sale of hemp products under FDA regulation.
Under the Federal Food Drug and Cosmetic Act (FDCA), using a drug in a food or dietary supplement that is currently undergoing clinical trials is illegal (as is the case here- see Epidiolex for an example of CBD being used as an active ingredient in an FDA-approved clinical trial). According to the USPTO, this means that "registration of marks for foods, beverages, dietary supplements, or pet treats containing CBD will still be refused as unlawful under the FDCA, even if derived from hemp, as such goods may not be introduced lawfully into interstate commerce."
Regarding trademarks for services involving "cannabis and cannabis production," the USPTO also issued guidance. This section of the Examination Guide pertains to companies applying for a trademark that fall in the category of ancillary services, such as growing supply companies, lighting, nutrients, pest control and packaging, among other service providers. Basically, this section boils down to the same distinction the Farm Bill made between hemp and other varieties of cannabis. An applicant for a trademark needs to make clear their identification of services offered as involving cannabis containing less than 0.3% THC.
For a helpful guide breaking down what this means for cannabis companies pursuing a trademark registration, Christiane Schuman Campbell, partner at Duane Morris LLP, published this client alert about the USPTO's examination guide.
Protecting Intellectual Property in Canada: A Practical Guide, Part 4
By Richard Naiberg
Editor's Note: This is the third article in a series by Richard Naiberg where he discusses how cannabis businesses can protect their intellectual property in Canada. Part 1 introduced the topic and examined the use of trade secrets in business and Part 2 went into how business owners can protect new technologies and inventions through applying for patents. Part 3 raised the issue of plant breeders' rights and in Part 4, below, Naiberg discusses trademarks and how cannabis businesses should go about protecting their brand identity in Canada.
Trademarks: Protections For Brands And Goodwill
Cannabis businesses must not only protect their investments in their technical creations, but also must protect their brand identities. A cannabis producer can invest heavily in making a desirable, high-quality product, and can advertise and sell this product so as to generate customer interest and goodwill, but if the customer cannot distinguish the producer's product from that of its competitor, this investment is for not. Trademarks become unenforceable when they are no longer distinctive.
A trademark provides its owner with the right to have the Court stop another entity from using the trademark, or using a similar trademark in a way that confuses the public. When the trademark is infringed, the Court can also make a monetary award in favor of the trademark owner.
Trademarks are identifiers of a particular source of manufacture and they can take virtually any form. Trademarks can be words, phrases, symbols, names, designs, letters, numbers, colors, three-dimensional shapes, holograms, moving images, modes of packaging, sounds, scents, tastes, textures, or any other distinguishing element. What a trademark cannot be is a mere descriptor of the goods or services themselves because such a trademark would prevent other entities from describing their products in their ordinary terms.
Trademarks can be registered, but they do not have to be. In choosing a trademark, the cannabis producer must balance competing impulses: the desire to choose a trademark that is suggestive of the product itself so as to have an immediate meaning to customers without need of an expensive marketing campaign; and the desire to coin a unique and striking trademark which is instantly eye-catching and memorable, but which must be advertised before customers can understand the product to which it refers.
For example, a depiction of cannabis leaf or a word that plays on the ordinary terms used to refer to cannabis will not make a strong mark that can be enforced against those who adopt something similar. On the other hand, a coined word, such as "Kodak", may have no independent association with cannabis but, after a time, use of this mark in association with a cannabis product can create a very strong mark with a wider ambit of exclusivity.
All that said, even a very suggestive mark can serve as a trademark where the use of the mark is so longstanding and ubiquitous that the suggestive mark acquires a secondary meaning as an indicator of its source of manufacture. Cannabis producers can and should also consider adopting specific colors, scents or tastes of their products as trademarks, where appropriate.
Trademarks become unenforceable when they are no longer distinctive. For this reason, trademark owners must keep abreast of any use of trademarks similar to their own by third parties, and must act quickly to either license such uses or to restrain them.Cannabis businesses have been very busy applicants for trademarks. More than 1700 such applications are now on file, though a comparative few have yet been registered.
Trademarks can be registered, but they do not have to be. When a company's product or service becomes known to its customers or potential customers with reference to a mark through ordinary business use, a trademark has been created.
Registration does however provide certain advantages. Under the amendments to the Trademarks Act coming in 2019, a registered trademark can be obtained for without any proof of use or goodwill. By contrast, and as noted above, an unregistered mark must be used and possess goodwill before it can be said to exist at all. A registered trademark provides protection for its owner across Canada. An unregistered trademark can only be enforced in the geographical area in which its owner has established its reputation. A registered trademark is protected from those who use it in a manner that is likely to depreciate the goodwill of the trademark. An unregistered trademark only protects against consumer confusion.
Registration under the Trademarks Act also makes it an offence to sell goods or services on a commercial scale in association with another's registered trademark, or to traffic in infringing labels. Further, a trademark owner can request that the import or export of such goods in Canada be arrested. No similar rights accrue for unregistered trademarks.
Finally, a registered trademark is published at the CIPO web site, providing notice of its existence to new market entrants before these entrants commit to using a similar trademark. Unregistered marks are not always easily discovered and a new market entrant may commit to a mark before having any opportunity to discover that it is the unregistered trademark of another.
Registering a trademark is straightforward. The applicant prepares an application that identifies the applicant, the trademark and the goods and/or services with which the trademark is being used or is intended to be used. Once satisfied that the application complies with the Trademarks Act, CIPO publishes the application to allow potential opponents of the registration to come forward. If there is no opposition, or if an opposition proceeding is brought and dismissed, the trademark is issued.
There is an interaction between the Trademarks Act and the Plant Breeder's Rights Act. As discussed above, when a denomination has been adopted for a plant variety under the Plant Breeder's Rights Act, nothing similar can be adopted or registered as a trademark. This is so other traders may use the denomination in their sale of the variety after expiry of the plant breeder's right.
Cannabis businesses have been very busy applicants for trademarks. More than 1700 such applications are now on file, though a comparative few have yet been registered. Trademark applications in this area are likely to increase further with the coming changes to the Trademarks Act and the removal of the requirement that applicants show use of the trademark prior to registration. Companies will be encouraged to apply for trademarks they may only be considering using, and for any trademarks that they think their competitors may be planning to use. There is some concern that the changes to the Trademarks Act will lead to the rise of trademark trolls.
Before adopting a particular trademark, the producer must do what it can to minimize the likelihood that a third party will assert that the trademark infringes the third party's prior rights. Searches of Canadian and international trademarks, particularly United States trademarks, are advised. National intellectual property offices, such as CIPO and the United States Patent and Trademark Office, maintain easily searchable databases of registered and applied-for trademarks that should be reviewed. Search professionals can also assist in identifying trademarks that have never been the subject of a trademark application. With the result of the searches in hand, the cannabis producer can determine whether or not to proceed to adopt the contemplated mark and invest in its promotion.
In Part 5, Naiberg will explain how to use a copyright to protect works of creative expression. Stay tuned for more!
How to Protect Your Trademarks When You Can't Protect Your Trademarks
By David Kluft
Federal trademark registrations are invaluable tools for emerging businesses. They put the world on notice of a company's name; they can secure nationwide priority over others using similar names; they distinguish a product in the marketplace; they provide crucial advantages in trademark infringement lawsuits; and they are instrumental in building goodwill. But if you sell cannabis, a federal trademark registration will not do any of those things for you … because you can't get one.
Someday, the USPTO policy may change and there could be a gold rush for federal cannabis trademark registrations.The United States Patent and Trademark Office (USPTO) continues to refuse to register federal trademarks for cannabis businesses, even if the sale of cannabis is legal in the state where the businesses are located. The USPTO's reasoning goes something like this: federal trademark law allows for the registration of trademarks associated with goods in "lawful" commerce, which means that the goods are not illegal under federal law. Cannabis, and its psychoactive component, THC, remain Schedule I substances under the federal Controlled Substances Act (CSA). Therefore, irrespective of state laws to the contrary, and irrespective of whether the federal law is actually enforced, the manufacture and sale of cannabis is not "lawful" commerce.
This reasoning is of fairly recent vintage. In 2009, by which time about fifteen states had legalized medical cannabis, Attorney General Eric Holder announced that the Drug Enforcement Administration would cease raids on state-sanctioned medical cannabis facilities. The USPTO followed Holder's lead in 2010 and created a new category of acceptable goods and services for marks related to "medical marijuana." Within months, however, the USPTO had retreated from this "mistake" and changed its practice manual expressly to preclude such registrations.
David Kluft, partner in the Boston office of Foley Hoag, LLP
Many argue that the USPTO's position is unjustifiable as a matter of public policy. Making it easier to infringe the trademarks of state-sanctioned businesses does not advance the purposes of the CSA, and it directly undermines a key goal of trademark law, which is to prevent the proliferation of confusingly similar trademarks. But the merits of these arguments have been lost on the USPTO, which continues to refuse to register marks for anything it perceives to be prohibited by the CSA.
So if you own a cannabis business, what can you do to protect your goodwill while the federal government maintains its current policy? Below are some ideas. Admittedly, none of them– individually or collectively – is a substitute for federal registration. But each of them is better than nothing, and all of them may help to establish your ownership and priority when and if the USPTO changes its policy.
State Trademark Registrations. Each state has its own trademark registration system. State registration may offer protection from infringers within the state, or at least within the parts of the state where the registrant operates, and for that reason alone it is probably worth the small cost involved. However, state registration will have little to no efficacy outside the state. You cannot use a State A registration to file a lawsuit in State B, or to stop infringement in State B, or even to prevent conflicting registrations in State B. Additionally, most state trademark registrants, unlike federal registrants, do not benefit from presumptions of validity and ownership in the litigation context.
Related Federal Registrations. Many cannabis businesses also pursue federal registrations for whatever aspects of their business are not prohibited by the CSA. For example, even though the USPTO refused the POWERED BY JUJU mark for cannabis vaporizers (because it was CSA-prohibited "paraphernalia"), it allowed the same company to register the same mark for "vaporizers for smoking purposes not for use with cannabis." The USPTO has also allowed registrations for cannabis-related business consulting (e.g., CANNACARD; PRAIRIEJUANA); investment analysis (e.g., FORTUNE420); clothing (e.g., CANNABIS COUTURE, THE MARIJUANA COMPANY); and for CBD – as opposed to THC – derivatives (e.g., CBD LIQUID GOLD). Once the USPTO permits federal registrations for cannabis marks and the inevitable disputes over ownership arise, such federal registrations for these related products and services are likely to be highly persuasive evidence in the registrants' favor. Moreover, even in the current legal climate, federal registrations (especially when cited in a demand letter) are of great practical use in convincing others not to use confusingly similar marks.
Common Law Unfair Competition. Unfair competition is a state common law cause of action that was a precursor to modern trademark law, and it is still available to protect commercial goodwill even in the absence of a state or federal trademark registration. However, unfair competition law has similar territorial restrictions as state registration. In some cases, the protected territory may be even narrower, limited only to the area within which the plaintiff can prove consumer recognition of the mark.
Other Intellectual Property Protection. Copyright law, unlike federal trademark law, has no "lawful" commerce requirement, and the U.S. Copyright Office regularly issues registrations for cannabis-related copyrights. While copyright will not protect a short phrase such as a business name, it will protect a creative logo design or original packaging, and can be very effective when it comes to getting infringing uses taken down from the internet. Note also that the USPTO does not appear to have the same qualms about legality when it comes to patents, and it often grants patent protection to useful, new and non-obvious inventions related to the cannabis industry.
Save stuff. Finally, if you do nothing else, save stuff. Document that first sale; keep a copy of that first shipping invoice; and save that file containing your original packaging design. Someday, the USPTO policy may change and there could be a gold rush for federal cannabis trademark registrations. Your lawyer is going to ask you for proof of your first uses of the mark, and you don't want your response to be a glassy stare. So keep your eyes on the eventual prize and stay ready.
Uruguay Becomes First Country to Implement Legal Cannabis Sales
According to an article on Reuters, Uruguay's pharmacies opened for recreational cannabis sales on Wednesday for those over the age of 18. Uruguay beginning recreational sales marks an important milestone as the first country to fully legalize cultivation, sales and recreational use of cannabis.
The country legalized cannabis more than three years ago, but it has taken a while for the government to work out and implement their regulatory framework. Only two companies, Symbiosis and Iccorp, received government licenses for growing, packaging and distribution, according to Reuters.
Uruguayan flag Photo: Jimmy Baikovicius, Flickr
Consumers are required to register with the government and are only allowed to purchase up to 40 grams of cannabis per month. 5-gram packages are the only products for sale currently at $6.50 a piece. As of now there are only two types of cannabis that consumers can purchase: "Alfa 1", and indica, and "Beta 1", a sativa. According to Reuters, neither has a particularly high concentration of THC.
The government says they will carefully monitor production and registrations to prevent diversion and cannabis leaving the country. Only citizens of Uruguay over 18 are permitted to register to buy cannabis. With over 3.4 million people residing in Uruguay, less than 5,000 have registered by Wednesday. All sales must go through a pharmacy, according to the Reuters article.


text:
Червоненська Руда — річка в Україні, у Чуднівському районі Житомирської області. Права притока Тетерівки (басейн Дніпра).

Опис
Довжина річки приблизно 5,4 км.

Розташування
Бере початок на заході від Богданівки. Тече переважно на північний захід і в Галіївці впадає у річку Тетерівку, праву притоку Тетерева.

Примітки

Посилання

Малі річки України
Річки Житомирської області
Річки Чуднівського району
Статті про річки Житомирської області без зображення в картці

redpajama_set_name: RedPajamaWikipedia


text:
October 28, 2016 stopelon All, Elon's Empire
Leaked Hyperloop One Docs Reveal The Startup Thirsty For Cash As Costs Will Stretch Into Billions
Despite announcing a $50 million investment in mid-October, Hyperloop One plans to raise as much as $250 million in its next funding round early next year and is already seeking tens of millions in new financing, according to an investment document obtained by FORBES. Meanwhile, according to another company document, internal estimates of the cost of Hyperloop One projects could greatly exceed predictions from the concept's architect, billionaire tech industrialist Elon Musk.
The documents paint a picture of an "aggressive" expansion plan at Hyperloop One, the startup established by investor Shervin Pishevar, which has raised $160 million so far and is attempting to bring Musk's vision to reality. Hyperloop's One's expansion plans reveal widely varying projected costs for systems that are expected to carry freight by 2020 and passengers by 2021. The company is also forecasting sky-high profit margins for itself and its partners by 2030, according to one of the documents.
Tagged crazy, Expensive, Hyperloop
Elon Musk's Wild Ride
Elon Musk's House of Gigacards

redpajama_set_name: RedPajamaCommonCrawl


text:
Лернаґоґ () — село в марзі Армавір, на заході Вірменії. Село розташоване за 19 км на північний захід від міста Армавір та за 3 км на північ від села Даларік.

Джерела
Національна статистична служба Республіки Вірменія

Села Вірменії
Армавір (марз)


text:
Acts of the Scottish Parliament
2002 asp 13
Paragraph 11
Previous: Paragraph
Next: Paragraph
Changes over time for: Paragraph 11
Freedom of Information (Scotland) Act 2002, Paragraph 11 is up to date with all changes known to be in force on or before 29 January 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
sch. 1 para. 50B inserted by 2016 asp 1 s. 114(1)(a)
sch. 1 para. 85ZAA inserted by 2022 asp 5 Sch. para. 21(2)
Vessels, vehicles etc.S
11In this schedule, "premises" includes vessel, vehicle, aircraft or hovercraft, and references to the occupier of premises include references to the person in charge of a vessel, vehicle, aircraft or hovercraft.
PrintThe Whole Schedule
PDF The Whole Schedule
Web page The Whole Schedule
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


text:
Q&A with the movers and shakers of the videogame industry. The writers and editors of The Escapist leave no stone unturned searching for the unvarnished truth about the modern game industry.
How To Get Into Game Journalism: Xfire Chat
Russ Pitts posted on 13 Sep 2007 16:30
On Tuesday I was privileged to take part in a live chat on Xfire for their Careers in Gaming Week. Joining me was Michael Zenke, Games Editor for Slashdot, and a host of people with questions about being a game journalist.
The Blessings of Curse: An Interview with Hubert Thieblot
Sean Sands posted on 22 Aug 2007 17:00
Hubert Thieblot is not unlike a lot of gaming webmasters, a player who cobbled together a website dedicated to his favorite games. Unlike other webmasters, though, Hubert turned his casual enterprise into a go-to site for the growing MMOG population, securing millions of dollars of investment in the process.
Comment Read More
Wideload Shorts' Scott Corley on the Business of Making Funny
Joe Blancato posted on 20 Aug 2007 17:00
Ever wonder what game design secrets the Palm Pilot holds? We had the chance to sit down with Scott Corley, the guy heading up Wideload Shorts, Wideload's "casual" (though "casual" is a four-letter word in their offices) game design shop. He explained Wideload's design philosophy, as well as Shorts' unlikely beginnings.
Kongregate to Seed Indie Game Development
Russ Pitts posted on 16 Aug 2007 11:03
"We're trying to seed a system of indie development," Jim Greer, Kongregate's CEO and Co-Founder told The Escapist by phone, calling his efforts akin to "The Xbox Live of Flash games. We're looking for games that emphasize multiplayer, particularly co-op multiplayer."
Gamecock's Mike Wilson Chimes In
We were able to fire off a few questions to Gamecock's Grand Champeen and CEO, Mike Wilson, about Gamecock's role as a publisher, as well as its image in the industry. What happens if they get as big as EA? Read on to find out.
id's Kevin Cloud On ...
Russ Pitts posted on 9 Aug 2007 16:00
"When I think back about the kind of stuff I was doing as a kid, whether it's drawing new characters for comic books, or writing up ideas for D&D adventures and stuff ... really this is sort of an extension of that. I just get a chance to do it at 42, which is pretty nice."
The Escapist's Game Writer Round Table
Russ Pitts posted on 23 Jul 2007 17:00
N'Gai Craol is an editor at Newsweek and writes for the blog LevelUp. Julian Dibbell has been writing about games longer than any of us, and is currently a freelancer working for The New York Times Magazine, among other places. He's also the author of the book Play Money. Kieron Gillen is a career freelance game journalist who writes for The Escapist, Edge and other magazines in the U.K. and the U.S. And N. Evan Van Zelfden is also a career freelancer, and has also published in The Escapist as well as The Economist, Kotaku and others.
All four were kind enough to take an hour out of their day to share their thoughts with me on game journalism as a whole, the art of crafting an interesting story about games and how they made into one of the sweetest gigs on the planet.
" Game Magazines Have Sucked for Forever ": GFW's Jeff Green on the Future of Print Media
Sean Sands posted on 27 Jun 2007 13:00
Some suggest, in this digital age of instant information, print media for videogames has been obsolete for years and is only just now finding out. Others suggest print media can still be relevant, as long as it adapts to a changing reality of game journalism. And still others see traditional outlets as the only true professional game reporters on the block.
But, as the game magazine business and its consumers continue to figure out just where magazines belong in the digital age, the bloodletting has been brutal. Where some outlets have been forced to close, others have adapted to survive. The Escapist recently spoke with Jeff Green, Editor-In-Chief of Games For Windows Magazine (previously Computer Gaming World) about his thoughts on staying relevant and the current state of videogame magazines and videogame reporting.
The League of Cyber Nations
Gearoid Reidy posted on 25 Jun 2007 13:00
Cyber Nations is currently the most active of a number of nation-building games popularized by the likes of NationStates, a game that itself was formed as a promotional activity for the creator's book. Cyber Nations allows the player to develop a nation along any political viewpoint he desires, creating armies and forging alliances all through the 40,000-strong community.
Such an online base who plays daily, create their own content and make their own communities is the kind of thing most game companies would spend millions on. Yet Cyber Nations, which has no advertising or full-time staff, has done nothing of the sort.
Gleemax: Wizards of the Coast's Gamer MySpace
Joe Blancato posted on 11 Jun 2007 12:45
Wizards of the Coast is probably the biggest brand in gaming no one ever thinks about. Despite my years-long affair with Magic: The Gathering, I was surprised to hear from them when they dropped us a line to talk about Gleemax, their new take on social networking. Gleemax, a MySpace-ish networking site based on a three-pillar (games, editorial and community) strategy, isn't the first to target gamers, but it's definitely the best-funded. I had a chance to speak with Randy Buehler, WotC's Vice President of Digital Gaming, about his plans for Gleemax and the future of Wizards of the Coast.
Fifth Period Game Design
Russ Pitts posted on 4 Jun 2007 13:00
"At this point in time, find me another high school assistant principal who also has a design credit listed for a Triple-A title and I'll consider it valid criticism for our respective program. I suspect I won't hold such a geek-tacular title for long though, with companies discovering new pipelines of talent from law, medicine, engineering and other fields."
Plaintiff's Attorney in Player-IGE Lawsuit Speaks to The Escapist
Joe Blancato posted on 1 Jun 2007 06:55
Richard Newsome is the plaintiff's attorney in Hernandez v. IGE, a lawsuit recently filed against the notorious real-money trade company. The Escapist's own Alexander Macris, a Harvard-trained lawyer who's written on virtual reality law, spent some time on the phone yesterday with attorney Newsome discussing the lawsuit.
Some Kind of Stranger: Antony Johnston, Writer, Wasteland
Shannon Drake posted on 25 May 2007 13:00
One hundred years after an epic disaster called The Big Wet, the scattered remains of humanity cling to existence in barren desert outposts, scrounging what they can from the lands and ruins around them. Some cling to pagan religion, and there are whispers that humanity is discovering long-lost abilities such as telekinesis, but most of humanity simply tries to survive. Antony Johnston's Wasteland series is Mad Max meets The Dark Tower , with just a hint of frantic, end-of-the-world mysticism thrown in.
Reflections of Revolution: Christian Gossett, The Red Star
In our world, the U.S.S.R. fell, ending the Cold War and depriving the entire creative industry of a worthwhile bad guy. However, the proletariat still hopes for revolution, and Christian Gossett delivered with his series of graphic novels, called The Red Star. The world of The Red Star draws heavily from Soviet history and myth, with more than a hint of magic, as the United Republics of the Red Star command kilometers-long airships over the skies of Al'Istaan, but sorcerers and summoners can be far more dangerous than the mujahideen the U.S.S.R. faced.
Hope Rides Alone: The Protomen
Humanity toils beneath the boot of Dr. Wily and his robots, cowed by the relentless forces arrayed against them. Protoman has fallen, and a grief-stricken Dr. Light refuses to allow Mega Man to face the evil around him, but Mega Man storms out anyway to confront Dr. Wily, his robots and the shadows of his past. One group of brave resistance fighters dares to share this epic story via compact disc technology (samples). They call themselves The Protomen, and I was able to make contact with them for this short, but telling, interview.


Wall Color Decorating Ideas today has exploded consequently easily permeate the border with the condition and also age group. Wall Color Decorating Ideas is regarded as some sort of breathtaking function of the architect, although features become a new product required simply by every specific and also serve like a reputation token.
Wall Color Decorating Ideas could be the inside the creating because of a great architect or maybe custom made. Throughout advancement Wall Color Decorating Ideas has been expanding rapidly as well as smashed from the limitations with the region along with the era. By means of the outcome associated with engineering new technology, the degree of social along with economic living towards political have an effect on which includes managed to change the particular functionality Wall Color Decorating Ideas in items desired from the consumer so that development depends upon the actual desire and developments prevailing already in the market. Every time, anyplace may be suitable for case Japan ambiance, this environment with the Dark ages, the atmosphere Conventional Contemporary, Vintage, Antique and so on, according to what this individual would like the buyer or maybe depending on the experience on the designer with building a trend that is to be released as well as which can be for sale on the market.
We can not quit these kinds of adjustments by simply impacting on your will probably of its very own, one example is Wall Color Decorating Ideas need to start using a routine or maybe design in which apply generally there, therefore known as nationalists. We all understand that any kind of alter can be and then a new habit to seek some sort of balance, to ensure sprang brand new varieties which applies in most facets of people life to the lifestyle without modifying the actual design or form of an active a single, only increase. Steps or maybe man habits will vary the surroundings as well as vice versa environment additionally has a bearing on the type along with style of individual life. This kind of circumstance may take place continuously and also each time a person adjust the actual valuations?? which were founded. Its difficult to determine the limitations of your energy in addition to changes within the amounts of certainty, considering that the phenomena that will be held through a move in the interval.
Your effect of the way of life of technological know-how which stretches the presence involving globalization helps make their limitations then missing along with fuzzy. Nevertheless, within this web site you will definately get a range of forms and habits that you might want actually supplied pics of which offers you the particular imagination devoid of restrictions is to decorate the house. The different help factors that are universal way of life is really a cultural technique that will governs human existence fairy as well as resources included in the physical setting together with people nature will quickly be capable of evolve and also have a certain design.
Within the design and style idea Wall Color Decorating Ideas right now you will see around the pictures available on this internet site, so it could be you come up with a reference point product and also save the particular photos collectively inside a personal computer, smartphone or perhaps various other repositories which will without notice you make use of for your property or put embellishments. The photographs are already broken down by means of segment and also manufactured along with developed throughout web template modules which have been standard. With luck , this informative article can be useful for you with developing or perhaps remodelling your home.
Superb Yellow Dots Bedroom Accent Wall .
Collect This Idea Ceiling Stripe .
Amazing Chevron Accent Wall In Gray Bedroom .
Lovely Bedroom Headboard Accent Wall. .
Charming Collect This Idea Molding .
Bedroom Walls Colors Bedroom Wall Colors Pictures Unique Wall Color Decorating Ideas Color Ideas For Bedrooms .
Attractive Bedroom Wall Color Ideas Wall Color Decorating Ideas Inspiring Goodly Paint Ideas For Bedroom On Images .
Wonderful 20 Bold U0026 Beautiful Blue Wall Paint Colors | Favorite Places U0026 Spaces | Pinterest | Blue Walls, Bedroom And Blue Painted Walls .
Full Size Of Bedroom Interior Paint Design For Bedroom Color Combination In Bedroom Walls Bedroom Wall ... .
Delightful ... Blue Bedroom. Collect This Idea Turqupose .
Nice Traditional Home Magazine .
Superior 4 Expert Ideas For Transforming A Space Through Color In 2018 | Master Bedroom | Pinterest | Bedroom, Bedroom Colors And Bedroom Paint Colors .
Beautiful What Your Bedroom Wall Color Fascinating Bedroom Wall Colors Pictures .
Perfect Master Bedroom Accent Wall Color Ideas My Master Bedroom .
Good Collect This Idea Mocha Room .
Elegant Awesome Contemporary Gray Bedroom Ideas With An Accent Color Living Room Modern Chandelier Also Grey Wall Paint Decorating White Ceiling Black Bedstead ... .
Marvelous Better Homes And Gardens .
How To Paint Your Walls To Make Any Space Look Bigger .
Master Bedroom Paint One Side Wall...i Like The Dark Color Then The Lighter Ones Luv The Chocolate Accent Wall! | Home Improvements In 2018 | Bedroom, ... .
Charocal Bedroom Wall Paint Color .
Cool Bedroom Ideas Headboard Wall Decor Color .
Full Size Of Bedroom Bedroom Interior Paint Ideas Colour Suggestion For Bedroom Wall Paint Color Schemes ... .
Planning Your Color Scheme. Purple Bedroom .
Sage Green Master Bedroom ...love The Colors And The Tufted Bench At The Foot Of The Bed...plus The Cozy Corner | Lakeland House Ideas In 2018 | Pinterest ... .
Purple Color Bedroom Wall Purple And Beige Bedroom Ideas Deluxe Room Color Ideas For Walls Attractive . .
Full Size Of House Interior Painting Ideas India Lake Paint Color Bedroom Wall Colour Home Decorating ... .
Bedroom Ideas: A Coral U0026 Teal Colour Scheme With Dulux YouTube .
Bedroom Decorating Ideas Bedroom With Dark Purple Wall Color .
Deep Purple Bedroom Wall Color With Silver/chrome Accents | For The Home | Pinterest | Bedroom, Purple Bedrooms And Bedroom Decor .
Color Trend In Bedroom Paint U2013 The Latest Bedroom Wall Color Ideas ... .
Full Size Of Bedroom Paint Combos For Bedrooms Beautiful Wall Colors For Bedrooms Bedroom Color Schemes ... .
Burgundy Bedroom Ideas Y Bedroom Ideas Maroon Paint Wall Color Decor Decorating Burgundy Color Bedroom Ideas .
Painting Bedroom Ideas Wall Paint Decorating Ideas Pleasing Decoration Ideas Wall Paint Decorating Ideas Adorable Bedroom .
Bedroom Colors For Sleep .
Best Wall Color For Bedroom Decor Ideasdecor Ideas .
Bedroom Color Decorating Ideas Wall Paint Decorating Ideas Ideas About Bedroom Paint Colors On Bedroom Concept . Bedroom Color Decorating Ideas ... .
Bedroom Wall Color Ideas Accent Bedroom Walls Accent Wall Decor Ideas Accent Wall Decor Medium Size .
Bedroom Peach Wall Color Design Ideas, Pictures, Remodel And Decor .
Bedroom Distressed Blue Accent Wall .
Dark Grey Wall Paint Wall Color Decorating Ideas Dark Grey Accent Wall Formal Bedroom Decorating Ideas . .
Collect This Idea Metallic Paint .
Bedroom Wall Paint Ideas Excellent Ideas Wall Paint Decorating Ideas Best Wall Paint Patterns Ideas On . .
Green Wall Paint For Bedroom Dark Green Bedroom Dark Green Bedroom Decorating Ideas Blue Green Wall Color Bedroom .
... X 546 Pixels | 736 X 552 Pixels. 24 Images Of Wall Paint Decorating Ideas .
Bedroom Color Violet Design Inspiration Creative Types Of Interior Rh Krvainc Com .
Ideas For Bedroom Colour Schemes Bedroom Wall Color Bedroom Paint Schemes Bedroom Ideas Colour Schemes . Ideas For Bedroom Colour ... .
Painting Bedroom Ideas Awesome Wall Color Master Paint Colors Decorating Pictures Full Size .
Wall Painting Decorating House Wall Paint Decor Ideas Home Decorating Painting Superhuman ... .
Grey Bedroom Paint Grey Bedroom Paint Light Grey Paint Bedroom What Color Furniture Goes With Grey . Grey Bedroom Paint ... .
Wall Color For Brown Furniture Dark Furniture Wall Color Bedroom Colors With Black Furniture Master Decorating .
Home Decorating Ideas, Pastel Blue Wall Paint Pastel Color Bedroom Best Best Blue Gray Paint .
Master Bedroom Wall Painting Ideas Wall Paint Designs Bedroom Bedroom Wall Paint Designs Unique Decor Designs .
... Appealing Perfect Color Bedroom For Your Inspiration Ideas : Charming Black And White Red Perfect Color ... .
Purple Bedroom Decoration Purple Bedroom Decor Ideas With Grey Wall And White Accent Purple Bedroom Decorating . .
Decorating Ideas For Paint Colors Beautiful 14 Fresh Wall Color Decorating Ideas Of Decorating Ideas For .
Full Size Of Bedroom Cool Colours To Paint A Bedroom Ideas For Paint Color In Bedroom ... .
Bedroom Color Decorating Ideas Splendid Bedroom Colours And Ideas Colour Amazing Decoration E Color Schemes Small .
A Cool Calm And Cobalt Bedroom Trend Lots Of Color Bedroom Rh Pinterest Com .
Best 25 Pea Blue Bedroom Ideas On Pinterest Paint .
Light Blue Wall Paint Sky Color Bedroom Ideas Home Interior Design Colors Gray For Living Room .
Wall Painting Ideas For Bedroom Painting And Decorating Ideas Bedroom Painting Ideas Home Best Wall Paint . .
Purple Bedroom Color Schemes An Entire Palette Of Bedroom Color Bedroom Color Combinations Purple Wall Colour Schemes .
Home Colour Decoration Home Colour Decoration House Wall Colour Home Colour Decoration Bedroom Color Ideas For . .
Warm Grey Living Room Bedroom Ideas Paint Decorating With Gray Walls Wall Color Colours Behr .
Cream Color Bedroom Walls Dark Brown Two Drawers Side Bed Table Beige Wall Paint Decor Room . .
Lime Green Citrus Yellow Bedding Wall Painting .
Bedroom Wall Paint Colors Peach Wall Paint Peach Bedroom Set Peach Bedroom Decorating Ideas Paint Colors .
Teal Wall Paint Decorating Ideas From Domino.com. How To Decorate With Teal Wall Paint. .
Teal Color Room Teal Bedroom Walls Cool Fresh Light Teal Wall Color On Outdoor Wall Lights With Light Teal Teal Bedroom Teal Color Party Decoration Ideas .
... Wonderfull Wall Paint Endearing Bedroom Paint And Decorating ... .
Red Brick Fireplace Wall Color Decorating Ideas .
Peaceful With Master Bedroom Paint Colors Nhfirefighters Org Rh Nhfirefighters Org .
Miraculous Paint Decorating Ideas Ideas Of Living Room Best Colour For Gray Classic .
Decorating Ideas For Small Study Room New Wall Color For Study Room Trendy Luxury U Modern .
Master Bedroom Paint Ideas Bedrooms Colors Ideas Master Bedroom Paint Ideas Sherwin Williams . .
Purple Color Decorating Ideas Light Bedroom Colors Wall Paint . .
... Altrosa Bedroom Wall Colors .
Pink Wall Paint Decor ... .
Wall Decoration Painting Wall Painting Design Ideas Concept Picture Gallery For Website Yellow Wall Decoration Ideas .
Best Color Bedroom Design Idea With Lighting Above Small Drawers Besides Bed And White Extra Large Rugs Ideas .
Versatile Wall Plate On The Headboard Color Ideas For Walls Attractive Wall Colors In Each Room .


text:
pacificlectic : concert reviews & eclectic music news
an oregon-based music blog
My MusiCalendar
Posts Tagged 'berbati's pan'
Berbati's Pan in Portland (RIP in 2011)
19th Oct 10 (Tue) Leave a comment
As reported in the Portland Mercury…
After 17 years of hosting live music, Berbati's Pan will cease booking concerts starting the first of next year. The restaurant half will stay operational, while the venue itself will be split between a smaller room under Berbati's control (that might, on occasion, host events), and an expanded space for Voodoo Doughnuts to better serve the tourists that see it necessary to lineup on SW 3rd during all hours of the day and night for a freaking doughnut. But the days of Berbati's consistently hosting music are numbered.
"Attendance was really down and it's not like rent went down with attendance," explained booker Matt King. "Plus competition was a major factor as well." King took over the booking reigns from Anthony Sanchez around April of last year, a job he did along with publicity for the club. "The writing had been on the wall, and the club has been struggling for a number of years before I was involved," said King.
The final show in Berbati's as we know it will be on New Year's Eve. No word yet on the lineup.
I've only been there a few times, but they were always great shows… Berbati's Pan will be missed.
King's X in June 2009
Nellie McKay in March 2010
Antibalas Afrobeat in July 2010
~Dan – np: The Weepies – Be My Thrill
Categories: Music News Tags: berbati's pan, business close, live music, mercury, music scene, oregon, portland, portland mercury, voodoo donut, voodoo doughnut
REVIEW: Antibalas @ Berbati's Pan (Portland, OR – 7/19/10)
20th Jul 10 (Tue) 3 comments
FYI… PHOTOS of the SHOW at the BOTTOM
Originating from Brooklyn, ANTIBALAS (aka Antibalas Afrobeat Orchestra) is: AMAYO (Vocals & Percussion), VICTOR AXELROD (Organ/Clavinet), ERIC BIONDO (Trumpet), STUART BOGIE (Tenor Sax), MARCUS FARRAR (Shekere), MARCOS GARCIA (Guitar), AARON JOHNSON (Trombone), JORDAN MCLEAN (Trumpet), NICK MOVSHON (Bass), LUKE O'MALLEY (Guitar), MARTIN PERNA (Baritone Sax, founder) and CHRIS VATALARO (Drums).
They are sooooo fun in concert, words don't do them justice. I saw them back in 2007 in the Cincinnati area, and haven't had a chance since now to see them again. I've been Jonesin' for an Antibalas fix.
They've been busy the last couple years with the multiple-Tony Award winning FELA! Broadway musical (a tribute to afrobeat pioneer Fela Kuti). This July, Antibalas is doing a mini-tour in pre-support for their upcoming album on Anti-Records (untitled as of now). The Sway Machinery opened the Portland show…
They were a nice horn-infused Jewish five piece rock band. Their MySpace billed them as "Other / Blues / Afrobeat." Outside of the horns, I didn't really hear the afrobeat. Definitely Judaic and bluesy – I dug their sound. The mix last night was a bit bass heavy, and the vocals got drowned out, but I liked their vibe overall. Their line-up is fairly power-packed… guitarist Jeremiah Lockwood of Balkan Beat Box, drummer Brian Chase of the Yeah Yeah Yeahs, bass saxophonist Colin Stetson of Arcade Fire and Tom Waits' band, and the trumpet and tenor sax horn section of the band Antibalas, Jordan McLean and Stuart Bogie. They've got an album, Hidden Melodies Revealed, out on JDub Records (same record label as Balkan Beat Box, SoCalled, etc).
Antibalas went on a little after 10:15 and hit the ground running with their percussive, groove-laden, horn-drenched bombast. Lead vocalist Amayo came out at the second song and started off on percussion before moving over to lead vocals…
The sound in the club got a little more balanced for Antibalas, whose 12 band members were tightly jamming away. Great mix of horn-heavy tunes, percussion heavy tunes. The packed house danced away to the fun beats. I'm horrible with their song names, and they didn't play as many lyrical songs; so no luck on a setlist this time around. If anyone has a setlist, pass it along, please.
Antibalas jammed away for a fairly dancey, long set without showing signs of letting up. A fantastic night! I'm hoping they hit the PacNW again when they come back through to support their upcoming untitled record. Portland, Eugene, anywhere really. :)
more photos below
The Appropriate Linkage:
Antibalas' Site
Antibalas on MySpace
FELA! Musical on Broadway
The Sway Machinery's Site
The Sway Machinery on MySpace
Berbati's Pan
Check out more tour dates below.
~Dan – np: Jon Madof's Rashanim – Masada Rock
ANTIBALAS & THE SWAY MACHINERY PHOTOS
all pictures (cc) 2010 Daniel Temmesfeld,
you may use freely under a creative commons attribution
(click for larger)
Antibalas July 2010 Tour Dates
07.14.10 – San Diego, CA – Casbah
07.15.10 – Los Angeles, CA – The Echoplex
07.16.10 – San Francisco, CA – Great American Music Hall
07.17.10 – Garberville, CA – Reggae on the River
07.19.10 – Portland, OR – Berbati's Pan
07.20.10 – Seattle, WA – Neumos
07.22.10 – New York, NY – River to River Festival, Castle Clinton
07.29.10 – Philadelphia, PA – Kimmel Center, Perelman Theater
Categories: Concert Photos, Jazz & Avant, Post-rock, World Music Tags: afrobeat, antibalas, antibalas afrobeat orchestra, berbati's pan, concert photos, concert review, fela, jewish music, nigeria, oregon, portland, rock, the sway machinery
REVIEW: Nellie McKay @ Berbati's Pan (Portland, OR – 3/31/10)
1st Apr 10 (Thu) 4 comments
Nellie McKay's most recent album, As Normal As Blueberry Pie, came out last year, and while different from her prior records, it definitely fit in her catalog nicely. It featured her at her campiest but also her jazziest, versus her edgier side. For evidence of the campiness, check out the lovely publicity shots over on nelliemckay.com. The serious and silliness perfectly fit her personality. I wouldn't want Nellie any other way.
On to the show…
The venue, Berbati's Pan, was known to me more for its rock acts. The "jazzy, bluesy, singer-songwriter evening" in store for us was bound to be a big question mark regarding how it would come across… well, it was delightful. The lighting and small couches on the outskirts of the club made for a nice atmosphere. We got to the show just before Howard went on. Most of the people were hanging out on the chairs & couches; so we got some spots right up front.
Howard Fishman opened up the show and hit the stage around 8:45pm. He played guitar in Nellie's backing band, the Aristocrats, last fall. He played a good set of bluesy standards and originals. He had a lap steel guitarist, Henry Bogdan, playing with him. He played about 25-30 minutes, primarily "upbeat blues" tunes… with a few darker tunes thrown in near the end. Some of my favorites were "The One Rose (That's Left in My Heart)," a silly song about the Red Sox, and the capper called "Best Days."
After a short break, Nellie hit the stage alongside both Howard and Henry around 9:20pm. Her set was a more stripped down version of what she brought to Seattle last fall. A great selection of Doris Day and other older standards, with a few of her own songs thrown in for good measure. Her originals were some of my favorites for the night – specifically "Toto Dies" and "The Dog Song." The newer cover tunes added to her setlist – "Small Day Tomorrow" and "Two Sleepy People" – were really great as well.
She was a giddy and lovable as usual… very jokey and generally in a delightful mood.
Setlist: about 75 minutes
Do Do Do (Doris Day cover)
Sentimental Journey (Doris Day Cover)
A Wonderful Guy (Doris Day cover)
Georgie Girl (The Seekers cover)
Mean to Me (Doris Day cover)
Prisoner of Love (Kitty Wells cover)
Close Your Eyes (Doris Day cover)
"Happy Birthday" (to Becky)
If I Ever Had a Dream
Toto Dies
Alone When It Rains (duet with Howard Fishman)
The Dog Song
A-Tisket, A-Tasket (Ella Fitzgerald cover)
Small Day Tomorrow (Bob Dorough / Fran Landesman cover)
Crazy Rhythm (Doris Day cover)
Encore: "Old-fashioned Bodega" (title unknown)
Two Sleepy People (Hoagy Carmichael cover, duet with Howard Fishman)
many more photos below
Howard joined her on vocals on two songs. "Alone When It Rains" is actually a song of his, which was sung last night as a tribute to her former dog, Charro. The Hoagy Carmichael duet ("Two Sleepy People") had a giggle-fit lyrical screw up, but they kept rolling with it. Henry's lap steel changed the Doris Day sound to a more bluesy feel from the jazz sound of the Aristocrats backing band. The more stripped down Nellie backing band was a treat. I hope she keeps on swinging through the Pacific Northwest.
They're off to Seattle next (check out more tour dates below). Catch them if you can!
Nellie McKay's Site
Nellie on MySpace
A good Nellie fansite at .NET
Howard Fishman's Site
Howard Fishman on MySpace
Berbati's Pan (venue)
My Prior Nellie McKay Reviews~
Seattle – October 2009
Portland – August 2008
Eugene – October 2007
~Dan – np: Coheed & Cambria – Year of the Black Rainbow
no free download or torrent here
2010 Tour Dates (so far)
3/28/2010 Los Angeles, CA Alex Theatre
3/29/2010 San Francisco, CA Great American Music Hall
3/31/2010 Portland, OR Berbati's Pan
4/3/2010 Seattle, WA Paramount Theater A Prairie Home Companion
4/10/2010 Delaware Water Gap, PA Deerhead Inn
5/15/2010 Sellersville, Pennsylvania Sellersville Theater 1894
6/1/2010 through 6/12/2010 New York, NY Feinstein's at The Regency
9/17/2010 Monterey, California, United States Monterey Jazz Festival
NELLIE McKAY with HOWARD FISHMAN PHOTOS
Higher Resolution (8 pics)
Limited to 1200 pixels wide or tall (32 pics)
Categories: Concert Photos, Indie Rock, Jazz & Avant, Rock & Pop, Singer-Songwriter Tags: berbati's pan, blues, concert photos, concert review, doris day, howard fishman, jazz, nellie mckay, oregon, pop, portland, rock, set list, setlist
REVIEW: King's X @ Berbati's Pan (Portland, OR – 6/8/09)
9th Jun 09 (Tue) 24 comments
So… King's X? Where do I start. They've been a band for 26 or 27 years. I've been a fan of theirs since 1994. I see them every time they come through my town (16th time in 15 years). I've seen them in 6 or 7 states (mostly Ohio), but this is first time to see them in Oregon for me. It was only last August that I saw them open up for Extreme in Cincinnati, and they haven't put out anything new since that show. Honestly, though, it really doesn't matter. It's King's X… Doug, Ty & Jerry. They are a must see show, any time, any place!!
I showed up late for the show; so I can't speak to the rockin' (or not rockin') of the openers Orange Sky & Quandry. If history tells me anything, the openers were good but not phenomenal*. I had other work-related plans, and I couldn't make it to the venue in time.
*– A good/great opener in days of yore is a band like Podunk. Also, re: "openers," I wouldn't put Galactic Cowboys in that category. They're more like "peers"… and were always a great lead in to King's X. For the most part, other openers for KX were OK, but usually just delayed KX starting time by more than I normally cared for… I mean that in no disrespect to the openers tonight. Had it not been a rough day of work, I'd have done my best to make it for your sets. Seriously.
I showed up right at 11pm, and King's X were deep into their third song (per the door guy). So, for those keeping track at home, file that under "whoops… messed that one up." My guess is that they started with "Groove Machine." Regardless of my missing the intro, King's X put on a great show, and I thoroughly enjoyed it… a little bit of feedback and a low ceiling'ed venue, but I got to move around a bit and snap some shots from several angles. No videos… I imagine it'd be too much feedback for the camera.
Setlist: thanks for the setlist additions
Groove Machine {thanks, bishopjso}
Pleiades {thanks, bn}
Move (*a fave of night*)
Lost in Germany
Pray (no offense, but a non-fave)
Dogman (*a fave of night*)
Go Tell Somebody (no offense, but a non-fave)
Looking for Love (*a fave of night*)
Encore: It's Love
We Were Born to Be Loved (*a fave of night*)
Fantastic show… once again. Doug, Ty & Jerry are a joy to see. I hope they're making music for many more years to come. Doug's preachin' during "Over My Head" had a new slant… "It's a terrible thing to do what you don't want to do for the rest of your life." I'm glad that Doug didn't get stuck being a choirboy for the rest of his life. Oh, and Ty's "Over My Head" solo was smoking!!!! It was one of the few instances where I wish I had been taping…
Wishes for the evening… maybe switch out "GTS" and "P4M" with "Cigarettes" and "A Box." But all in all, I'm glad that they're still making music and still touring. I figure, beggars can't be choosers. I saw a great show by some great musicians… yet again.
King's X Online
King's X on MySpace
Doug Pinnick on MySpace
Ty Tabor on MySpace
Jerry Gaskill on MySpace
King's X & Extreme @ Union Center Blvd Bash – 8/10/08 Review (with pictures)
How the screaming changes when the meaning hits your ears…
~Dan – np: dredg – The Pariah, The Parrot, The Delusion no torrent or free download here
KING'S X PHOTOS
The Rest of the King's X Tour Dates (as of now)
6/09/2009 Seattle, WA @ El Corazon
6/10/2009 Coeur d'Alene, ID @ The Grail
6/12/2009 Salt Lake City, UT @ Club Vegas
6/13/2009 Denver, CO @ Owsley's Golden Road
6/15/2009 Omaha, NE @ The Waiting Room
6/16/2009 Kansas City, MO @ The Riot Room
6/17/2009 Lincoln, NE @ Knickerbockers
6/19/2009 Sioux Falls, SD @ Nutty's
6/20/2009 Fargo, ND @ Venue At The Hub
6/23/2009 St Paul, MN @ Station 4
6/24/2009 Des Moines, IA @ People's Court
6/26/2009 Milwaukee, WI @ Shank Hall
6/27/2009 Chicago, IL @ Double Door
6/28/2009 Mt Clemmens, MI @ Freedom Festival
6/30/2009 Memphis, TN @ Newby's
7/01/2009 Little Rock, AR @ Juanita's
8/07/2009 Raleigh, NC @ Volume 11
8/08/2009 Springfield, VA @ Jaxx
8/09/2009 Pittsburgh, PA @ Pepsi Roadhouse
8/11/2009 Hartford, CT @ The Webster Theater
8/12/2009 Sellersville, PA @ Sellersville Theater
8/13/2009 Asbury Park, NJ @ Stone Pony
8/15/2009 Southbridge, MA @ ADC Performance Ctr.
8/16/2009 Poughkeepsie, NY @ The Chance
8/17/2009 Virginia Beach, VA @ Peppermint Beach Club
8/19/2009 Charlotte, NC @ Amos's
8/21/2009 Marietta, GA @ The Local
8/22/2009 Fayetteville, NC @ Jester's
then they hit the road with Porcupine Tree in September 2009
Categories: Concert Photos, Metal, Rock & Pop Tags: berbati's pan, concert photos, concert review, doug, doug pinnick, dug, dug pinnick, king's x, metal, portland, rock, set list, setlist, ty tabor
"I believe that music should be grown on trees, to be plucked like a fruit without the extravagance of harvest."
-Eyvind Kang
"Without deviation from the norm, progress is not possible."
-Frank Zappa
Amazon.com mp3 downloads
ha'fway 2017
Favorite Albums & Concerts of 2016
Wussy @ Alhambra Theatre (Portland, OR – 6/21/14)
archive Select Month July 2017 (1) December 2016 (1) July 2016 (1) July 2015 (1) June 2014 (1) September 2013 (1) July 2013 (2) June 2013 (1) May 2013 (2) April 2013 (7) March 2013 (2) February 2013 (3) January 2013 (4) December 2012 (7) November 2012 (7) October 2012 (3) September 2012 (6) August 2012 (6) July 2012 (10) June 2012 (1) May 2012 (9) April 2012 (11) March 2012 (19) February 2012 (21) January 2012 (17) December 2011 (20) November 2011 (25) October 2011 (25) September 2011 (18) August 2011 (16) July 2011 (20) June 2011 (38) May 2011 (26) April 2011 (20) March 2011 (33) February 2011 (23) January 2011 (29) December 2010 (41) November 2010 (39) October 2010 (41) September 2010 (22) August 2010 (25) July 2010 (21) June 2010 (22) May 2010 (28) April 2010 (20) March 2010 (25) February 2010 (27) January 2010 (33) December 2009 (28) November 2009 (23) October 2009 (30) September 2009 (27) August 2009 (18) July 2009 (23) June 2009 (13) May 2009 (10) April 2009 (15) March 2009 (17) February 2009 (15) January 2009 (17) December 2008 (24) November 2008 (22) October 2008 (29) September 2008 (27) August 2008 (21) July 2008 (22) June 2008 (25) May 2008 (20) April 2008 (12) March 2008 (9) February 2008 (13) January 2008 (12) December 2007 (7) November 2007 (3) October 2007 (5) September 2007 (2) August 2007 (1) June 2007 (1) April 2007 (3) March 2007 (2) January 2007 (1) November 2006 (1) October 2006 (1) June 2006 (1) December 2005 (1) October 2005 (1) November 2003 (1) August 2003 (1) May 2003 (1) August 2001 (1) March 2001 (1) June 2000 (1)
Movies & Television (73)
Concert Reviews (287)
Concert Photos (188)
Dirge (1)
Jazz & Avant (107)
Rock & Pop (154)
Singer-Songwriter (102)
Lists & Favorites (41)
Mix CD (6)
New Sounds (417)
REVIEW: Nellie McKay's 'I Want To Live!' in Oregon @ the Shedd & Alberta Rose Theatre (Eugene 3/2/12 & Portland 3/4/12)
Mike Bragg :: Pulled from the Ground
RECIPE: Spiced Biscotti -and- Spiced Biscotti with Blueberries
REVIEW: Oregon Percussion Ensemble's FRANK ZAPPA Tribute @ UO's Beall Hall (Eugene, OR - - 3/7/09)
Pearl Jam's Backspacer (artwork)
punches in the mouf?
629,091 visitors thus far
@derekwebb a perfect circle asthmatic kitty avant-garde best of caedmon's call cincinnati concert photos concert review dave douglas david bazan derek webb download dream theater eugene faith no more folk frank zappa free music glen phillips holy fuck iceland Indie Rock in studio ipecac jazz john zorn jonsi king's x masada maynard maynard james keenan metal mike patton mp3 mr bungle music video my brightest diamond nellie mckay new album new music oregon over the rhine peter mulvey pop porcupine tree portland post-rock puscifer radiohead recipe rock seattle secret chiefs 3 setlist set list shara worden sigur ros singer-songwriter steven wilson sufjan sufjan stevens thom yorke tool tour trey spruance tzadik vegan vegetarian vegetarian recipe video vinyl world music wow hall youtube
This blog and concert photos therein are licensed under a Creative Commons License. Available with Attribution for Non-Commercial, Non-Derivative Use.
File Sharing Policy: There are no free mp3 download or FLAC torrents for any albums on this blog (nor will there ever be). On occasion, there are links for songs for free download (legally provided by the artist). If you like music, support the artists. Buy it!!


I have been working on my many teams very slowly, but I am finishing models which is nice! Below, I… Read more Frogman update!
Let it be known, Nuffle doesn't like me attending this weekend, and I do not have good dice. So I… Read more The NAF Championship.


Filter taps provide an definite overall increase in quality of water and could encourage your family to promote a healthier lifestyle. Filtered - Chilled - Sparkling. The filtered water tap is fast becoming a common feature in today's modern kitchen. The high performance filters transform standard tap water into fresh clean tasting drinking water so efficiently that the filtered water can not be distinguished from bottled mineral water.
Rangemaster Myspa TSA4CM Aquacassic Spa Water Filter Tap. Quality Chrome Stainless Steel Finish Spa filter tap.


text:
Could the blood of recovered COVID-19 patients be used to treat the virus? Canada is launching a trial to find out
By Tonda MacCharlesOttawa Bureau
Sat., May 2, 2020timer4 min. read
OTTAWA –In late February Jerry Glubisz picked up a nasty bug going around in his Vancouver office. High fever, brutal cough and unrelenting fatigue.
"Worst flu I ever had," said the 63-year-old. By the time a lab test confirmed COVID-19 on Mar. 19, Glubisz was already feeling "80 per cent better." He didn't have to be hospitalized or put on a ventilator. Now, more than a month after his symptoms eased, Glubisz feels "on top of the world."
And his blood plasma just might be key to keeping someone else off a ventilator or preventing them from needing intubation.
It's called "convalescent plasma" — using a survivor's blood that has antibodies to rev up the immune system of a sick patient — an old idea once used in the Spanish flu being applied to the novel coronavirus sweeping the world.
Canada's first national clinical trial to test that theory is about to get underway after Health Canada rushed to approve research that was co-ordinated by scientists and researchers on Zoom and late-night calls.
On Wednesday Glubisz became the first COVID-19 survivor to donate his "hopefully" antibody-rich plasma to the Canadian Blood Services' new national COVID-19 convalescent plasma collection program.
It will be screened for any other viruses like Hepatitis B or HIV.
And within a week to 10 days, as the trial launches, potentially life-saving plasma could be used to jump-start the immune systems of patients in downtown Toronto and Montreal hospitals.
It's a national collaborative clinical trial, one of the largest — and swiftest to be mounted — in Canada, co-ordinated with the two public blood agencies. So far 50 hospitals have registered to participate, though they are at various stages of their own internal approvals. The CANCOR trial, as it's called, was approved by the federal regulator on April 16.
Led by Dr. Donald Arnold, director of the McMaster Centre for Transfusion Research who teaches at McMaster's medical school, the trial will enrol 1,200 patients, 800 of whom will receive antibody-rich plasma, while the other 400 will receive the standard of care now used in intensive-care units.
The plan is to focus on areas that have the highest demand immediately — the hardest-hit hospitals are in downtown Toronto and Montreal — and to roll it out across the country as soon as possible. With luck, he says, it will be able to hit its intended target of 1,200 patients over the next four months.
There is a contingency plan to look at the data halfway through the trial to examine whether "there is an overwhelming effect here that's good enough for us to say, 'this works we should just open it up,'" Arnold said in an interview.
"It's important to do this fast," he said. "But it's important to do it right, because if you don't do it right then we still never get to an answer of whether or not this works."
In the U.S. scientists and researchers are also mounting clinical trials, including one in New York with a planned enrolment of 500 hospitalized patients.
Arnold said as far as he knows, "none of them as big and none in the same population or at least not as big in the population we're doing." That is, hospitalized COVID-19 patients with respiratory illness, needing oxygen. "They're not yet that sick," he said.
"The point is for us to try to prevent them from getting that sick, and not needing the ICU or not needing the ventilator."
The Food and Drug Administration says "although promising, convalescent plasma has not yet been shown to be safe and effective as a treatment for COVID-19."
Calling all Canadian COVID-19 survivors: A plasma trial wants you
Old tools for a new virus: Canadian scientists are studying plasma therapy among other, older treatments in the global fight to treat COVID-19
A mobile testing team swabbed every resident in a Toronto nursing home for COVID-19. What they found is 'saving lives'
However the FDA has approved ways for doctors to use it in individual cases before the results of scientifically rigorous clinical trials are available. And early observations of about 2,600 patients who've received convalescent plasma outside clinical trials are encouraging, the Milwaukee Journal-Sentinel reported earlier this week. It quoted Mayo Clinic researchers who are trying to keep tabs on those case-by-case treatments.
A report Thursday in the Journal of American Medicine cautioned, however, that globally there is a dearth of randomized controlled trials on the value of convalescent plasma for COVID-19 patients. The only reports in medical literature are from a handful of cases in China.
Canada's chief public health officer Dr. Theresa Tam refused to discuss any positive signals coming from the American efforts, or say when the treatment might be made more widely available in Canada, saying only that there are "many treatments currently in trial and convalescent plasma is one."
Canadian Blood Services chief scientist Dr. Dana Devine says the public blood authority and its Quebec counterpart Héma-Quebec are now recruiting donors from among the more than 20,000 recovered patients in Canada.
The blood agencies are seeking male donors under 67, who've had a positive lab test for the coronavirus and have been symptom-free for four weeks. (Women's blood, especially if they've been pregnant, often contains antibodies that complicate transfusions, she explained.)
Tonda MacCharles is an Ottawa-based reporter covering federal politics for the Star. Follow her on Twitter: @tondamacc
Vancouver, Canadian Blood Services


text:
British Royal Navy Personnel - E-H
Herbert Sawyer
Admiral Sir Herbert Sawyer KCB (fl. 1783–1833) was an officer of the Royal Navy who saw service during the American Revolution, the French Revolutionary War, the War of 1812 and the Napoleonic Wars. He eventually rose to the rank of Admiral.
==Family and early life==
Sawyer was born the eldest son of Admiral Herbert Sawyer and followed his father into the navy. He saw service during the American Revolution, serving with his father who (by this time) was a captain and commanded a number of ships during the war. By the end of the war, the younger Sawyer was in command of the sloop {HMS|Porcupine|1777|6}. He was promoted to Post-Captain in 1789 and took command of the 28-gun frigate {HMS|Pegasus|1779|6}. He served aboard her on the North American Station, operating off Newfoundland. His father was the commander of the base at Halifax during this time.
==Service in the wars==
On the outbreak of the war with France in 1793, Sawyer was commander of {HMS|Amphion|1780|6}, moving to the 64-gun {HMS|Nassau|1785|6} in 1795. He sailed with Nassau as part of the North Sea Fleet until 1797 when he took command of the 74-gun {HMS|Saturn|1786|6}. By 1799, he was commander of {HMS|Russell|1764|6} where he remained until the spring of 1801. He then moved aboard {HMS|Juste|1794|6} and sailed to the West Indies with Sir Robert Calder's fleet. On Sawyer's return to Britain, he was put in charge of the payment of ships based at Plymouth, a job he held until he was promoted to rear-admiral on 2 October 1807. By early 1810, he was made second-in-command of Portsmouth dockyard and, by the end of the year, was again promoted; this time to the rank of vice-admiral. In 1810 he was appointed to the post of commander-in-chief of the North American Station – his father's old command – which he held during the War of 1812 before relinquishing it in 1813. He then became commander-in-chief of the base at Cork. He became a Knight Commander of the Order of the Bath on 2 January 1815 and was promoted to Admiral of the White in 1825. He died in Bath, Somerset in 1833.
Source(s): http://en.wikipedia.org/wiki/Herbert_Sawyer
George Blagdon Westcott
George Wilson
George Montagu