text:
*> \brief \b DLAROT
*
*  =========== DOCUMENTATION ===========
*
* Online html documentation available at
*            http://www.netlib.org/lapack/explore-html/
*
*  Definition:
*  ===========
*
*       SUBROUTINE DLAROT( LROWS, LLEFT, LRIGHT, NL, C, S, A, LDA, XLEFT,
*                          XRIGHT )
*
*       .. Scalar Arguments ..
*       LOGICAL            LLEFT, LRIGHT, LROWS
*       INTEGER            LDA, NL
*       DOUBLE PRECISION   C, S, XLEFT, XRIGHT
*       ..
*       .. Array Arguments ..
*       DOUBLE PRECISION   A( * )
*       ..
*
*
*> \par Purpose:
*  =============
*>
*> \verbatim
*>
*>    DLAROT applies a (Givens) rotation to two adjacent rows or
*>    columns, where one element of the first and/or last column/row
*>    for use on matrices stored in some format other than GE, so
*>    that elements of the matrix may be used or modified for which
*>    no array element is provided.
*>
*>    One example is a symmetric matrix in SB format (bandwidth=4), for
*>    which UPLO='L':  Two adjacent rows will have the format:
*>
*>    row j:     C> C> C> C> C> .  .  .  .
*>    row j+1:      C> C> C> C> C> .  .  .  .
*>
*>    '*' indicates elements for which storage is provided,
*>    '.' indicates elements for which no storage is provided, but
*>    are not necessarily zero; their values are determined by
*>    symmetry.  ' ' indicates elements which are necessarily zero,
*>     and have no storage provided.
*>
*>    Those columns which have two '*'s can be handled by DROT.
*>    Those columns which have no '*'s can be ignored, since as long
*>    as the Givens rotations are carefully applied to preserve
*>    symmetry, their values are determined.
*>    Those columns which have one '*' have to be handled separately,
*>    by using separate variables "p" and "q":
*>
*>    row j:     C> C> C> C> C> p  .  .  .
*>    row j+1:   q  C> C> C> C> C> .  .  .  .
*>
*>    The element p would have to be set correctly, then that column
*>    is rotated, setting p to its new value.  The next call to
*>    DLAROT would rotate columns j and j+1, using p, and restore
*>    symmetry.  The element q would start out being zero, and be
*>    made non-zero by the rotation.  Later, rotations would presumably
*>    be chosen to zero q out.
*>
*>    Typical Calling Sequences: rotating the i-th and (i+1)-st rows.
*>    ------- ------- ---------
*>
*>      General dense matrix:
*>
*>              CALL DLAROT(.TRUE.,.FALSE.,.FALSE., N, C,S,
*>                      A(i,1),LDA, DUMMY, DUMMY)
*>
*>      General banded matrix in GB format:
*>
*>              j = MAX(1, i-KL )
*>              NL = MIN( N, i+KU+1 ) + 1-j
*>              CALL DLAROT( .TRUE., i-KL.GE.1, i+KU.LT.N, NL, C,S,
*>                      A(KU+i+1-j,j),LDA-1, XLEFT, XRIGHT )
*>
*>              [ note that i+1-j is just MIN(i,KL+1) ]
*>
*>      Symmetric banded matrix in SY format, bandwidth K,
*>      lower triangle only:
*>
*>              j = MAX(1, i-K )
*>              NL = MIN( K+1, i ) + 1
*>              CALL DLAROT( .TRUE., i-K.GE.1, .TRUE., NL, C,S,
*>                      A(i,j), LDA, XLEFT, XRIGHT )
*>
*>      Same, but upper triangle only:
*>
*>              NL = MIN( K+1, N-i ) + 1
*>              CALL DLAROT( .TRUE., .TRUE., i+K.LT.N, NL, C,S,
*>                      A(i,i), LDA, XLEFT, XRIGHT )
*>
*>      Symmetric banded matrix in SB format, bandwidth K,
*>      lower triangle only:
*>
*>              [ same as for SY, except:]
*>                  . . . .
*>                      A(i+1-j,j), LDA-1, XLEFT, XRIGHT )
*>
*>              [ note that i+1-j is just MIN(i,K+1) ]
*>
*>      Same, but upper triangle only:
*>                   . . .
*>                      A(K+1,i), LDA-1, XLEFT, XRIGHT )
*>
*>      Rotating columns is just the transpose of rotating rows, except
*>      for GB and SB: (rotating columns i and i+1)
*>
*>      GB:
*>              j = MAX(1, i-KU )
*>              NL = MIN( N, i+KL+1 ) + 1-j
*>              CALL DLAROT( .TRUE., i-KU.GE.1, i+KL.LT.N, NL, C,S,
*>                      A(KU+j+1-i,i),LDA-1, XTOP, XBOTTM )
*>
*>              [note that KU+j+1-i is just MAX(1,KU+2-i)]
*>
*>      SB: (upper triangle)
*>
*>                   . . . . . .
*>                      A(K+j+1-i,i),LDA-1, XTOP, XBOTTM )
*>
*>      SB: (lower triangle)
*>
*>                   . . . . . .
*>                      A(1,i),LDA-1, XTOP, XBOTTM )
*> \endverbatim
*
*  Arguments:
*  ==========
*
*> \verbatim
*>  LROWS  - LOGICAL
*>           If .TRUE., then DLAROT will rotate two rows.  If .FALSE.,
*>           then it will rotate two columns.
*>           Not modified.
*>
*>  LLEFT  - LOGICAL
*>           If .TRUE., then XLEFT will be used instead of the
*>           corresponding element of A for the first element in the
*>           second row (if LROWS=.FALSE.) or column (if LROWS=.TRUE.)
*>           If .FALSE., then the corresponding element of A will be
*>           used.
*>           Not modified.
*>
*>  LRIGHT - LOGICAL
*>           If .TRUE., then XRIGHT will be used instead of the
*>           corresponding element of A for the last element in the
*>           first row (if LROWS=.FALSE.) or column (if LROWS=.TRUE.) If
*>           .FALSE., then the corresponding element of A will be used.
*>           Not modified.
*>
*>  NL     - INTEGER
*>           The length of the rows (if LROWS=.TRUE.) or columns (if
*>           LROWS=.FALSE.) to be rotated.  If XLEFT and/or XRIGHT are
*>           used, the columns/rows they are in should be included in
*>           NL, e.g., if LLEFT = LRIGHT = .TRUE., then NL must be at
*>           least 2.  The number of rows/columns to be rotated
*>           exclusive of those involving XLEFT and/or XRIGHT may
*>           not be negative, i.e., NL minus how many of LLEFT and
*>           LRIGHT are .TRUE. must be at least zero; if not, XERBLA
*>           will be called.
*>           Not modified.
*>
*>  C, S   - DOUBLE PRECISION
*>           Specify the Givens rotation to be applied.  If LROWS is
*>           true, then the matrix ( c  s )
*>                                 (-s  c )  is applied from the left;
*>           if false, then the transpose thereof is applied from the
*>           right.  For a Givens rotation, C**2 + S**2 should be 1,
*>           but this is not checked.
*>           Not modified.
*>
*>  A      - DOUBLE PRECISION array.
*>           The array containing the rows/columns to be rotated.  The
*>           first element of A should be the upper left element to
*>           be rotated.
*>           Read and modified.
*>
*>  LDA    - INTEGER
*>           The "effective" leading dimension of A.  If A contains
*>           a matrix stored in GE or SY format, then this is just
*>           the leading dimension of A as dimensioned in the calling
*>           routine.  If A contains a matrix stored in band (GB or SB)
*>           format, then this should be *one less* than the leading
*>           dimension used in the calling routine.  Thus, if
*>           A were dimensioned A(LDA,*) in DLAROT, then A(1,j) would
*>           be the j-th element in the first of the two rows
*>           to be rotated, and A(2,j) would be the j-th in the second,
*>           regardless of how the array may be stored in the calling
*>           routine.  [A cannot, however, actually be dimensioned thus,
*>           since for band format, the row number may exceed LDA, which
*>           is not legal FORTRAN.]
*>           If LROWS=.TRUE., then LDA must be at least 1, otherwise
*>           it must be at least NL minus the number of .TRUE. values
*>           in XLEFT and XRIGHT.
*>           Not modified.
*>
*>  XLEFT  - DOUBLE PRECISION
*>           If LLEFT is .TRUE., then XLEFT will be used and modified
*>           instead of A(2,1) (if LROWS=.TRUE.) or A(1,2)
*>           (if LROWS=.FALSE.).
*>           Read and modified.
*>
*>  XRIGHT - DOUBLE PRECISION
*>           If LRIGHT is .TRUE., then XRIGHT will be used and modified
*>           instead of A(1,NL) (if LROWS=.TRUE.) or A(NL,1)
*>           (if LROWS=.FALSE.).
*>           Read and modified.
*> \endverbatim
*
*  Authors:
*  ========
*
*> \author Univ. of Tennessee
*> \author Univ. of California Berkeley
*> \author Univ. of Colorado Denver
*> \author NAG Ltd.
*
*> \date November 2011
*
*> \ingroup double_matgen
*
*  =====================================================================
      SUBROUTINE DLAROT( LROWS, LLEFT, LRIGHT, NL, C, S, A, LDA, XLEFT,
     $                   XRIGHT )
*
*  -- LAPACK auxiliary routine (version 3.4.0) --
*  -- LAPACK is a software package provided by Univ. of Tennessee,    --
*  -- Univ. of California Berkeley, Univ. of Colorado Denver and NAG Ltd..--
*     November 2011
*
*     .. Scalar Arguments ..
      LOGICAL            LLEFT, LRIGHT, LROWS
      INTEGER            LDA, NL
      DOUBLE PRECISION   C, S, XLEFT, XRIGHT
*     ..
*     .. Array Arguments ..
      DOUBLE PRECISION   A( * )
*     ..
*
*  =====================================================================
*
*     .. Local Scalars ..
      INTEGER            IINC, INEXT, IX, IY, IYT, NT
*     ..
*     .. Local Arrays ..
      DOUBLE PRECISION   XT( 2 ), YT( 2 )
*     ..
*     .. External Subroutines ..
      EXTERNAL           DROT, XERBLA
*     ..
*     .. Executable Statements ..
*
*     Set up indices, arrays for ends
*
      IF( LROWS ) THEN
         IINC = LDA
         INEXT = 1
      ELSE
         IINC = 1
         INEXT = LDA
      END IF
*
      IF( LLEFT ) THEN
         NT = 1
         IX = 1 + IINC
         IY = 2 + LDA
         XT( 1 ) = A( 1 )
         YT( 1 ) = XLEFT
      ELSE
         NT = 0
         IX = 1
         IY = 1 + INEXT
      END IF
*
      IF( LRIGHT ) THEN
         IYT = 1 + INEXT + ( NL-1 )*IINC
         NT = NT + 1
         XT( NT ) = XRIGHT
         YT( NT ) = A( IYT )
      END IF
*
*     Check for errors
*
      IF( NL.LT.NT ) THEN
         CALL XERBLA( 'DLAROT', 4 )
         RETURN
      END IF
      IF( LDA.LE.0 .OR. ( .NOT.LROWS .AND. LDA.LT.NL-NT ) ) THEN
         CALL XERBLA( 'DLAROT', 8 )
         RETURN
      END IF
*
*     Rotate
*
      CALL DROT( NL-NT, A( IX ), IINC, A( IY ), IINC, C, S )
      CALL DROT( NT, XT, 1, YT, 1, C, S )
*
*     Stuff values back into XLEFT, XRIGHT, etc.
*
      IF( LLEFT ) THEN
         A( 1 ) = XT( 1 )
         XLEFT = YT( 1 )
      END IF
*
      IF( LRIGHT ) THEN
         XRIGHT = XT( NT )
         A( IYT ) = YT( NT )
      END IF
*
      RETURN
*
*     End of DLAROT
*
      END


Accounting is more than maintaining an orderly checkbook or completing IRS Form 1040 in April. Accounting is sometimes called "…an information science used to collect, classify and manipulate financial data for organizations and individuals…"
In lay terms, the science of accounting may best be defined as the orderly organization of data required to make sound business or personal financial decisions.
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It is important that small business owners have a good -- and often personal -- relationship with their banker, lawyer, accountant and clients. These personal relationships may well be the difference between success and failure of the business!
A business to accountant relationship is especially important. It is the accountant's responsibility to produce reports required by government agencies and financial reports required for making sound business decisions.
The accountant is far more than the person who prepares and files tax returns. God forbid, but it's often the accountant that's becomes the liaison between the small business and government agencies in the event of an audit or other questions.


text:
@interface DBPrefsWindowController : NSWindowController <NSAnimationDelegate, NSToolbarDelegate>
{
	NSMutableArray *toolbarIdentifiers;
	NSMutableDictionary *toolbarViews;
	NSMutableDictionary *toolbarItems;

	BOOL _crossFade;
	BOOL _shiftSlowsAnimation;

	NSView *contentSubview;
	NSViewAnimation *viewAnimation;
}

+ (DBPrefsWindowController *)sharedPrefWindowController;
+ (NSString *)nibName;

- (void)setupToolbar;
- (void)addView:(NSView *)view label:(NSString *)label;
- (void)addView:(NSView *)view label:(NSString *)label image:(NSImage *)image;

- (BOOL)crossFade;
- (void)setCrossFade:(BOOL)fade;
- (BOOL)shiftSlowsAnimation;
- (void)setShiftSlowsAnimation:(BOOL)slows;

- (void)displayViewForIdentifier:(NSString *)identifier animate:(BOOL)animate;
- (void)crossFadeView:(NSView *)oldView withView:(NSView *)newView;
- (NSRect)frameForView:(NSView *)view;

@end

redpajama_set_name: RedPajamaGithub


text:
Q: Gradient descent versus finding where the gradient vanishes via solving systems of equations I started learning machine learning and got stuck at the following questions:

*

*Why do we need to iterate the gradient descent algorithm?

*Why don't we equate the gradient to zero and find all local minima?
Most likely, we can't reach the minimum; we can just come as close as possible and the learning rate controls how close. Am I right? Or do I miss something?
Sorry if this is a duplicate question. Thanks in advance.

redpajama_set_name: RedPajamaStackExchange


text:
The Mariners Utility Position and Eric Sogard
By Colby Patnode
ST. PETERSBURG, FL - JUNE 9: Andrew Romine #7 of the Seattle Mariners hits a single to right field during the fourth inning of a game against the Seattle Mariners on June 9, 2018 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images) /
One of the biggest opportunities to upgrade the current Mariners roster is at the utility spot. Current utility man Andrew Romine has not impressed and is hardly used as it is.
Today, the Milwaukee Brewer released utility infielder Eric Sogard. So, naturally, Mariners fans should ask the question: is he better than Andrew Romine. The answer is: probably. Glancing at either players 2018 stats are enough to vomit.
Romine is slashing .203/.253/.216 in 83 plate appearances for the Mariners. That is good for a wRC+ of 34. Even worse, Romine has struck out 25 times in his 83 appearances, while walking just 4 times.
That's pretty bad, right? Well believe it or not, Eric Sogard has been even worse in 2018. In 113 plate apperances Sogard is slashing .134/.241/.165 which is good a 13 wRC+. Yeah that's not a typo. 13!
So in what way is Sogard an upgrade over Romine. Well a look at the career of Sogard should make this abundently clear. Sogard is runnin a career slash of .238/.309/.314, all slightly better than Romine.
In addition, Sogard owns a career 8.5% BB rate and 13.1% K rate. Meanwhile, Romine has a career 6.2% BB rate and 21.4% K rate. In addition, it was just one year ago that Sogard posted a .273/.393/.378, good for a 108 wRC+.
In all reality, Sogard is at least a slightly better hitter than Romine. Perhaps Romine is the better defender. Well let's look at the metrics. This comes with the obvious caveat that defensive metrics are flawed to say the least.
Using metrics like UZR/150 and defensive runs saved (DRS), the metrics show Romine as a good defender at SS, 2B, and in the OF. Meanwhile, Sogard grades out well at 2B and about average at SS.
2023 Steamer Projections: Teoscar Hernandez could see a drop in Seattle
Could the Mariners Acquire AL Batting Champion, Luis Arraez?
Steamer Projections: Julio Rodriguez to enter rarified air in 2023
What if the Mariners traded FOR Tyler O'Neill this time?
Mariners starting pitching is being overlooked by MLB
Sogard has almost no experience in the outfield. However, with the Marinerse employing 4 quality outfielders already, and with backup catcher Chris Herrmann ability to play some OF, this skill is really negated for the Mariners.
Both players are smart base-runners who can be used in pinch running opportunites later in the game. However, these duties would almost always go to whichever OF starts the day on the bench, so this ability isn't as relevant at the moment.
At the end of the day, this discussion really comes down to what type of player the Mariners want on their bench. If they want the better defender, they should stick with Romine. If they want a better bat off the bench, they should go after Sogard.
Next: Mariners Trade a Day: Josh Harrison
We have covered a number of utility options on this site. From Derek Dietrich to Asdrubal Cabrera. The Mariners cannot address all their holes by the trade deadline. And while these type of moves are not exciting, getting incrementally better in several spots can add up to another win or 2 down the stretch. These opportunities matter.

redpajama_set_name: RedPajamaCommonCrawl


Composer Federico Jusid has been presented with the International Film Music Critics Association Award for Best Original Score for Television by IFMCA members Jon Broxton and Craig Lysy, for his beautiful score for the second season of the Spanish television series Isabel.
This is Jusid's first IFMCA win. He was nominated in the same category last year for Season 1 of Isabel, but lost to Murray Gold's score for the popular British TV sci-fi series Doctor Who. The other nominees in the category this year were César Benito for El Tiempo Entre Costuras, Bartosz Chajdecki for Czas Honoru, Ramin Djawadi for Game of Thrones, and Bear McCreary for Da Vinci's Demons.
Federico Jusid is one of most exciting young film composers working today. Born in Buenos Aires, Argentina in 1973, Jusid studied piano performance and composition at the Buenos Aires Conservatory and the Manhattan School of Music in New York, and spent time studying and working in Belgium, before making his film music debut composing for Argentinean films in the mid 1990s. He scored more than 20 film and television projects in both Argentina and Spain before coming to international prominence in 2009, when he co-wrote the score for the Oscar-winning thriller The Secret in Their Eyes in 2009 with his countryman Emilio Kauderer. His projects since then have included such well-regarded theatrical titles as La Cara Oculta (2011), ¡Atraco! (2012) and Todos Tenemos Un Plan (2012), and popular TV series such as Hispania (2010), Gran Reserva (2010), and the IFMCA-winning Isabel.
Click here to see Jusid's acceptance speech, and hear some music from the Isabel score.


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Tightly woven bullion eagle on fine green wool with a loose weave hessian type backing. Blouse is made from a fine wool with concealed buttons and a fake silk full lining.
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text:
'I Wasn't Very Good!' Jerry Seinfeld Reflects on His Early Routines, Favorite Seinfeld Episode and the Future of Comedy
October 2, 2020 – 6:00 AM – 0 Comments
By Mara Reinstein Parade @@MaraReinstein
More by Mara
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Bring on the Holiday Cheer! These 12 Christmas Classics Should Be on Every Holiday Must-Watch Movie List
(Mark Seliger)
Jerry Seinfeld was feeling reflective after his 65th birthday last year—not that there's anything wrong with that. "I thought, Well, gee, I'm just about done here," he says. "I should leave something behind for people. Something different."
The result: Is This Anything, his first autobiographical book in 27 years (on sale Oct. 6). Decade by decade, it retraces his journey from comedy-worshipping kid in suburban Massapequa, New York, to domesticated family man, devoted to his cookbook-author wife, Jessica, 49, and their kids, Sascha, 19, Julian, 17, and Shepherd, 15.
Is This Anything?
The book title comes from what comedians say to each other when they're testing any new bit: "Is this anything?" But it's not a typical celebrity tell-all. "Life is not long enough for me to do that," Seinfeld says. Instead, most of the material consists of comedy routines that he originally scrawled on loose-leaf paper and stuffed into brown accordion-style folders over the decades. Fans can pore over the comic's iconic musings on subjects as diverse as chatty airplane pilots, parking-lot confusion and breakfast cereals, dating all the way back to his first on-stage joke—bias against the word "left"—back in 1975.
"So, I am left-handed. Left-handed people do not like that the word 'left' is so often associated with negative things. Left feet. Left-handed compliment. 'What are we having for dinner? Leftovers.' You go to a party; there is nobody there. 'Where did everybody go?' 'They left!'"
This passion for the inconsequential has led to a seminal career. The highlight, of course, was Seinfeld, the mega-popular 1989–98 NBC sitcom-about-nothing that he starred in and co-created with Larry David. Seinfeld has since returned to his stand-up roots and, starting in 2012, has discussed his craft with peers in the breezy series Comedians in Cars Getting Coffee, which launched on Crackle before heading to Netflix.
Seinfeld, now 66, has a cup of fresh-brewed coffee in hand on this rainy New York afternoon as he Zooms with Parade from his office in his Long Island home (where he and his family have been residing during the pandemic) to talk about his roots and his upbringing, Seinfeld memories, the post-pandemic future of comedy and more.
Related: 'Cheapness Is Not a Sense': 19 of the Best Seinfeld Quotes of All Time
Reading the book, it seems like your life has changed but your personality has not. Is that a fair assessment?
Yes, I think it is. I mean, like anyone, you get a little better at what you do, but the things that interest me and that I want to communicate to others are the same. Right now, I'm noodling with this bit about marriage information versus outside information. In a marriage, you have to piece together things like you're trying to catch a serial killer. You pick up tiny clues and hints and follow red yarn, and that's how you find out you're going to dinner.
When you revisit old material, is it like leafing through a diary?
Like any person who looks at early work, you get a little embarrassed and go, "Oh, my God, this wasn't very good." But that was the bridge that got me to where I was good. So I try not to be too judgmental. Monty Python was a gigantic influence on me. They were just about silly, funny things that meant nothing, and that's the stuff I love. There's a wonderful childlike freedom in those kinds of things.
As a fan, what's the benefit of reading your material versus hearing it onstage or on TV?
I want people to know that I love making these sentences, and I can spend ridiculous amounts of time getting them just right in terms of the words and the rhythm and the feel of it. I think this is a book for writers. That's why the lines are double-spaced. [Readers] can inspect the book and see how this type of work has to be built to get laughs in a smoky nightclub.
In one passage, you joke that telling your parents [Betty, a homemaker, and Kalman, a sign maker] that you wanted to be a professional comedian felt like you were coming out to them. Really?
Every kid can make their friends laugh. It's a very different thing to make grown-ups laugh. My parents never really knew that my friends thought I was the funny one.
But you grew up obsessing over Alan King and Robert Klein albums and watching comics on The Ed Sullivan Show. Didn't your parents pick up on that?
It's like kids building model cars. You don't think the kid's going to be a car designer; you just think they're going through a phase of building model cars. Even when I started performing, they thought, Oh, this will end very quickly. They thought anybody could do this.
Describe how you felt just before that first stand-up gig. You were 21.
It was at Catch a Rising Star in New York City. I was a wreck. Close to vomit.
How'd you find the gumption to walk to the stage?
I think because I told my friends I was going to do it and they went with me. One was a big Humphrey Bogart fan, and he said that Bogey would have a shot of whiskey before he would do something like that. So we went to a bar next door and I had a shot of whiskey. I don't really love drinking, so it was horrible.
How often do you think about that night?
You know, a lot. I don't like the word "wallow," but I am guilty of constantly reviewing my life. I remember the air and the old wooden bar smell and the beer and soap. It's a 1970s New York bar smell that I love. There's a restaurant here in East Hampton, the Palm, that still smells like that.
Which comedians mentored you along the way?
There's not a lot of that in the field. Comedians are not generous by nature because it's a very tenuous existence. But I love to do that, because I've been fortunate that I came into this life with security. And I give my parents credit for that, because they were secure people. I did have a funny conversation with Rodney Dangerfield one time at a club. I asked him all these questions, and he went, "You know what? You'll figure it out." He was right.
You performed on The Tonight Show with Johnny Carson in 1981, but it still took eight years until Seinfeld launched. Was that a stressful time?
I always say this to my kids: If I had to trade in the experiences I've had in my life, the last ones I'd trade in would be the really bad ones. Those are the things I'd hold on to until the end, because those are the ones that harden your resolve. Besides, I always say your years in comedy is kind of your real age. In the mid-'80s, they would never ask me to guest-host The Tonight Show because I was too childish.
an early Tonight Show appearance (Frank Carroll/NBCU Photo Bank/Getty Images)
By the same token, was it for the best that Seinfeld started slow out of the gate?
We're getting into a very Buddhist domain here! Yes, you must have the attitude that there's good when something bad happens. It was for the best that it didn't start out as a hit. You have to realize, the show was being done by two comics [Seinfeld and Larry David] who didn't know the first thing about writing or doing a TV show. So, in those three or four years, we learned how to make episodes. And by the time the public took a look at it, we were good. They didn't see the learning process.
Which episode are you proudest of?
Ummmm . . . proud of. Every episode was kind of like throwing dice. Sometimes you roll a seven and sometimes you don't. I remember when Larry suggested "The Contest" episode [about which character could go the longest without masturbating]. I said, "Yeah, sure, fine, let's do that." And we did it! I'm proud that I didn't consider that the subject matter was a little risqué.
Why does the show hold up so well?
Writing. I see so many successful showrunners develop other shows and build production companies, but Larry and I just shut the door and wrote. We never dealt with the politics of our network or even our staff. We just said we weren't available because we were writing. And there was a natural urge to make the writing really tight.
(George Lange/NBCU Photo Bank/Getty Images)
Which sitcoms do you like watching now?
What sitcoms are even on now? Honestly, I'm obsessed with watching stand-ups. I love Sebastian Maniscalco, whom I met when I was still figuring it out. I love Dave [Chappelle] and Chris [Rock] and Bill Burr. And Nikki Glaser. I love it when she does roasts. Her delivery is so clean and really good.
What's the future of Comedians in Cars Getting Coffee?
There are no plans right now for more episodes. I have another idea I've kind of latched on to that's big, and I'm going to dive into that. You know, if you want to be a good stand-up comedian, that's a full-time job. It takes a lot of energy to write and develop these ideas.
Seinfeld with Eddie Murphy on Comedians in Cars Getting Coffee. (Courtesy of Netflix)
Do you watch TV together as a family?
It's pretty tough now. My daughter and I watch a lot of stuff together because she's interested in comedy. I've shown her a lot of Woody Allen and Albert Brooks and Mel Brooks. The In-Laws was a favorite. She did watch [Seinfeld] when she was 10 or 11, and I remember watching her watching it all the time. I asked her, "Are you watching this because you like it or because your dad is in it?" She didn't know.
Seinfeld with his wife, Jessica, and their children (Sally Montana/Redux)
How's it going raising three teenagers?
Great! You can debate them, and I love to debate. I understand immaturity as well. I don't hold back with them. And they're all funny.
So, quarantine life has been treating you well? You're known to be a neat freak, after all.
So far, so good! I mean, if it were up to me, I would do a real quarantine where we would not see anyone. But we've been interacting with other families that are "being careful." And Jessica cooks all the time, and she's the greatest cook.
Related: Jessica Seinfeld's Shortcut Whole Roasted Cauliflower With Two Sauces Is Perfect for Busy Nights
You're a quintessential New Yorker, and your city has been through tough times this year. Any words of encouragement?
I moved to the city in 1976, when it was known as "Fear City." The headline of the New York Daily News [in 1975] was "[President Gerald] Ford to City: Drop Dead." I lived through that. Everything has to go through up and down cycles, but you can't replace New York. It will be back and better than ever. It just feels better when you're jammed in with other people. Life is more fun that way.
When will you return to the stage, and will you do any COVID material?
I'm sorry, but mid-2022. People need to feel comfortable walking into a theater that holds 3,000. I'm reading a biography on the Marx Brothers; I was at the 1917 chapter and things are going well, but I know the Spanish flu is coming. Sure enough, in the next chapter, all their dates are canceled. But then they go back to work. In terms of the COVID material, yeah, sure. We'll see. If others are doing it, then I won't do it.
Don't you miss performing?
I'm still working on stuff, which is half of it. But I can wait. I'll wait however long I have to wait.
You're awfully Zen about all this.
I've actually been spending the past several months figuring this out and asking my comedian friends about it. Why aren't we freaking out? I've been doing this every day of my life, and all of a sudden, they made me stop. I realized the reason is because I got to do it. I'm 66, and I've done way more than I ever thought I would get to do.
(Sally Montana/Redux)
Seinfeld Quick Takes
Comic book or library book?
"Comic book, because it was heaven to me. Archie and Riverdale? Those were worlds you could go to in a heartbeat because of those infantile drawings."
Least favorite breakfast food
"A poached egg. I love hard-boiled, hate poached."
Abbott and Costello, the Marx Brothers or the Three Stooges?
"Definitely not the Stooges. Harpo Marx was my favorite. But Abbott and Costello's 'Who's on First?' routine is an incredible jazz progression. They taught me the structural elegance of writing."
Favorite late-night snack
"Frosted Flakes."
Childhood toy you wish you still had
"I still have my ventriloquist dummy. But I don't have my baseball cards or my comic books, and I'd love to get those back."
Cat or dog?
"Dog. I have two dogs, but they're not real dogs. They're dachshunds. But my wife has two cats, and I love hearing her have conversations with them."
"Balance and color and texture."
Favorite article of clothing
"Right now, my Timberland 3-Eye Classic Lug Shoes. I just started wearing them, and they're incredibly well-made, and the composition of the rubber soul is so perfect for your feet. I can't believe I've gone so much of my life without them. They're better than tennis shoes. They're just better for walking around because of the compound of the rubber; it has just enough cushion and yet there's a firmness. I'm a very foot-oriented person."
Next, Jerry Seinfeld Reveals Why He Still Does Stand-Up


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(Lead me Lord,) by the yearning of a hungry heart.
Perhaps one of the poems of Saint John of the Cross will serve as a segue between yesterday's devotion about the hope of finding our true home and today's wonderment — the yearning of a hungry heart.
For Saint John of the Cross, having his house "at rest" is the context from which he was able to embark on his dark night of the soul. Even when his house was at rest, he nevertheless experienced profound yearnings kindled in love. Those yearnings drew him into the journey which shaped his soul.
This Lent as we practice our disciplines of fasting, prayer, service, and devotion to God, we would do well to ask, "For what do I feel the deepest yearning?" In what way is my yearning connected to the presence of God in my life and how might my yearning show me the way to faithful, obedient, and joyful discipleship?
Daily Collect: Lord for whom our hungry hearts yearn; You have taught us saying, "Abide in me as I abide in you. Just as the branch cannot bear fruit by itself unless it abides in the vine, neither can you unless you abide in me. I am the vine, you are the branches. Those who abide in me and I in them bear much fruit, because apart from me you can do nothing" [John 15:4-5]. Lead us by our hungry hearts so that we walk in your ways and bear the fruit of your Spirit in all that we do and say in private and in public. Amen.


text:
Q: Why is PUT throwing an Error 400 in my WebAPI? First time working with web APIs and I can't seem to make the PUT method work, while everything works fine (get, post and delete).
I'm trying to do, what I think it is, a very simple call to update testimonials. These will have an image file, name and text. The problem is I'm getting error 400 when trying to update them using a PUT call.
I'm using FormData to send the data since I need to also send the image file and the rest of the form (the URI is "/api/testimonials", and the Id is a guid):
function updateItem() {
    const itemId = document.getElementById('edit-id').value;
    const item = {
        id: itemId,
        name: document.getElementById('edit-name').value.trim(),
        text: document.getElementById('edit-text').value.trim(),
    };

    const formData = new FormData();
    formData.append('file', document.getElementById('edit-file').files[0]);
    formData.append('jsonString', JSON.stringify(item));

    fetch(`${uri}/${itemId}`, {
        method: 'PUT',
        contentType: 'false',
        processData: 'false',
        headers: {
            'Accept': 'application/json',
            'Content-Type': 'application/json'
        },
        body: formData
    })
        .then(() => getItems())
        .catch(error => console.error('Unable to update item.', error));

    closeInput();

    return false;
}

and this is the method in the TestimonialsController:
[HttpPut("{id}")]
public async Task<IActionResult> PutTestimonial(string id, [FromForm] IFormFile? file, [FromForm] string jsonString)
{
    ...
}

Other methods like POST and Delete, that also pass an Id or data work just fine, but PUT is not being called.
POST method
[HttpPost]
public async Task<ActionResult<TestimonialDTO>> PostDepoimento([FromForm] IFormFile? arquivo, [FromForm] string jsonString)
{
    ...
}

function addItem() {
    const addNameTextbox = document.getElementById('add-name');
    const addTextTextbox = document.getElementById('add-text');

    const item = {
        name: addNameTextbox.value.trim(),
        text: addTextTextbox.value.trim(),
    };

    const formData = new FormData();
    formData.append('file', document.getElementById('add-file').files[0]);
    formData.append('jsonString', JSON.stringify(item));

    fetch(uri, {
        method: 'POST',
        contentType: 'false',
        processData: 'false',
        body: formData
    })
        .then(response => response.json())
        .then(() => {
            getItems();
            addNameTextbox.value = '';
            addTextTextbox.value = '';
        })
        .catch(error => console.error('Unable to add item.', error));
}

DELETE method
[HttpDelete("{id}")]
public async Task<IActionResult> DeleteTestimonial(string id)
{
    ...
}

function deleteItem(id) {
    fetch(`${uri}/${id}`, {
        method: 'DELETE'
    })
        .then(() => getItems())
        .catch(error => console.error('Unable to delete item.', error));
}

Could you help me identify why is the PUT method not being called? Is there anything wrong in the way I'm calling the method/passing data?

A: 400 error is because [FromForm] does not allow application/json Content-Type. Just remove the header in your updateItem function:
headers: {
    'Accept': 'application/json',
    //'Content-Type': 'application/json'
},

FromForm occurs at the parameter binding stage, which is part of the request pipeline that necessarily occurs before entry into the endpoint. This is why under debug, for example, your breakpoints wouldn't hit.


text:
Disconnect Between Workforce and Goals for Decarbonization and Digitalization
TMI Staff & Contributors
The utility and power sector workforce are ill-prepared for the megatrends of decarbonization and digitalization
The executive branches of those in the power, and utility industries have largely embraced goals such as decarbonization and digitalization. However, a survey by EY (formerly Ernst & Young) reveals that their workforces are a million miles away from being able to facilitate those goals.
According to the EY Power & Utilities Digital Transformation and the Workforce Survey, nearly 90% of executives in those sectors report having too few workers with the right skills to adopt digital technology. That's why 94% agree that they need far more investment in technology and the workforce, yet they lack a clear pathway on how to proceed.
"The low-carbon energy transition will create new roles that require different skills or reskilling, and a utility's agility to adapt and respond to the unknown will become even more critical," said Cyntressa Dickey, EY Global and Americas People Advisory Services — Energy & Resources Leader. "The number of disruptive threats continues to rise, the number of nontraditional competitors continues to grow, and technology is developing at the most rapid pace in history. Digital adoption and investment without an accompanying skilled workforce will not result in the desired benefits or returns."
The survey of 159 power and utility executives across the globe revealed that the digital technology landscape and the workforce skills required to support it are far beyond the core skills traditionally coveted by the sector. More than 9 of 10 executives said they will be changing their mix of energy sources (91%) and adapting to changing consumer expectations for a cleaner energy economy (93%) over the next few years. These changes will require new and enhanced capabilities for utilities. Furthermore, more than half (55%) ranked the adoption of new technologies as one of the three trends that will have the most positive impact on their organization.
Utility executives in the survey estimate that nearly 60% of the workforce requires reskilling or upskilling. Yet according to current plans, only 41% will be reskilled or upskilled, with an average education time of 7.5 months and $4,650 in training costs per reskilled employee. Despite the growing need, respondents report that 36% of the workforce will not be reskilled or upskilled, for a variety of reasons, including competing priorities, internal challenges, and market pressures.
Closing the skill gaps
Even though failure to close the skills gap and effectively implement digital technologies poses a threat to their future, utility executives provide an uneven response to how they would overcome the challenge. For example, while 85% said reskilling is essential to their success in the next three years, only 57% said they have a robust plan to reskill over the same period, dropping to 48% among respondents in the Americas.
Further complicating the challenge is that executives don't necessarily know where skill gaps exist and are experiencing issues with workforce retention. One-third said they cannot measure the gap between the skills they have and what they need. Additionally, two-thirds report having difficulty retaining those with in-demand skills in their workforce.
Power GenerationFeaturedMarket Trends


text:
204: Matt Beckwith: I almost left the contact center
Home/Podcasts/204: Matt Beckwith: I almost left the contact center
http://traffic.libsyn.com/fastleadershow/Matt_Beckwith_episode.mp3
Matt Beckwith Show Notes Page
Matt Beckwith considered leaving his contact center job because he felt bogged down by the things he didn't like about the job. He almost left, and then his boss asked him some very insightful questions that helped him find clarity almost instantly.
Matt Beckwith grew up in the central valley California cities of Fresno and Stockton. He and his identical twin brother were in the middle of the pack of four other brothers and a sister, all from his parents' other marriages.
Matt's parents were both self-employed and taught all their children the value of hard work but begged them not to go into business for themselves. Matt's mother was an employment consultant, his father was a private substance abuse counselor, and they would share lessons about business, finance, and customer service. Matt was very young when his mother taught him the law of supply and demand and how a natural market could set the price for a product.
Matt worked in restaurants early in his life and very much enjoyed the fast-paced hectic world of full-service restaurants. But the restaurant life was not for him and he set out to start a career.
Nearly 25 years ago, Matt was newly married and scored an interview at the local pencil factory. The babysitter arrived late, which caused Matt to arrive late to his appointment. They would not allow him to interview. He sulked for a while before learning that the phone company was hiring directory assistance operators. Having always been fascinated with the history of the telephone, Matt jumped at the chance and within a few weeks he had started his new job as a 411 operator.
Matt spent just one year as a 411 operator before moving on to another company (at a time when it was considered crazy to leave the phone company) where he quickly started to take on training and supervisory roles. Matt has spent the years since then leading customer service and sales contact centers in various industries, from banking to healthcare to pest control.
He is currently the Contact Center Director for Clark Pest Control, one of the largest and most successful pest control companies in the US. Matt is a proud contact center geek and enjoys connecting with other contact center leaders all over the world. He is a 2018 ICMI featured contributor and Call Center Demo speaker and panelist, and Frost & Sullivan conference advisory board member and panelist. Matt also serves on the steering committee for the Northern California Contact Center Association and writes the blog, contactcentergeek.com.
Matt is an avid cyclist and part-time runner, who recently completed his first marathon. He is also an active board member for the San Joaquin Bike Coalition.
Matt and his lovely wife, Dawn, live in beautiful Stockton, California. Together, they are most proud of the job they did raising their two amazing daughters, Emily and Makenzy. Makenzy is a second-year business student at San Jose State University and Emily and her husband Garrett have given Matt and Dawn the greatest gifts they could have ever asked for, two wonderful grandchildren, Avery and Maverick.
Listen to @mattbikewith to get over the hump on the @FastLeaderShow – Click to Tweet
"We have to do more outreach as an industry to get people to want to work in a contact center." – Click to Tweet
"Like with any technology, it just makes challenges we've had in the past, bigger." – Click to Tweet
"There's more scale today and there's more at stake." – Click to Tweet
"We are the most customer-friendly organization I have seen in my entire life." – Click to Tweet
"We can get even better than we are today if we look at it holistically." – Click to Tweet
"It's about taking those inputs from the outside and synthesizing them for our own customer base." – Click to Tweet
"To a fault, we think of our self as the customer. That's a trap." – Click to Tweet
"We start learning and creating real innovation by looking outside of our business." – Click to Tweet
"Don't tell me who you are, show me who you are." @mattbikewith @FastLeaderShow – Click to Tweet
"The things you think are the biggest issues today, in another month or year, you're not going to think that." – Click to Tweet
Let go. Live in the moment. The things you think are the biggest issues today, in another month or year, you're not going to think that.
Doubt and fear. Less than it was yesterday.
It will always be about your people. Nothing matters before your people.
Life is too much fun and leave to chance – plan it out. I plan my week, I plan my month, I plan my year.
Manager tools podcast.
Freakonomics [Revised and Expanded]: A Rogue Economist Explores the Hidden Side of Everything
Contacting Matt Beckwith
Website: https://contactcentergeek.com/
Website: https://www.mattbeckwith.com/
Twitter: https://twitter.com/mattbikewith
LinkedIn: https://www.linkedin.com/in/matthewbeckwith/
Jim Rembach2018-12-19T01:21:41-04:00December 19th, 2018|Podcasts|2 Comments
Matt Beckwith December 20, 2018 at 1:16 am - Reply
Jim, thank you for the opportunity to be on your show. It was truly an honor. I've been a big fan of the show for some time, so it was great being on the other side!
Jim Rembach December 20, 2018 at 1:30 am - Reply
Matt, It was an honor having you on. Thanks for helping us get over the hump!


text:
Alto Saxophonist
Lucinda Dunne
About Lucinda
Like Lucinda?
1 of 1 video
Platti Sonata in G major (mvts 3 and 4)
Lucinda - sax and clarinet player from Stoke. Graduate of the Royal College of Music.
Lucinda Dunne is a recent graduate of the Royal College of Music, where she studied both saxophone and clarinet under professors Kyle Horch and Janet Hilton. She previously studied at Chetham's School of Music with Andrew Wilson. In 2012, Lucinda reached the woodwind category final of BBC Young Musician of the Year. She has gained orchestral experience playing with groups such as the National Youth Orchestra, Piccadilly Symphony Orchestra, and Orchestra Vitae, performing at notable venues including The Sage Gateshead, St John's Smith Square and Royal Festival Hall. Lucinda debuted as a soloist with the RCM Film Orchestra and later performed Benson's 'Aeolian Song' with the RCM Wind Ensemble. She most recently performed Weber's Clarinet Concerto (No 1) as a soloist with the Portobello Orchestra. Lucinda also enjoys instrumental tripling (playing saxophones, clarinets and flute) and being part of pit orchestras for musical theatre. Some shows she has recently performed in include The Wizard of Oz, A Little Night Music, Top Hat, Thoroughly Modern Millie, West Side Story and Guys and Dolls. Lucinda is a keen chamber musician and enjoys performing as the soprano saxophonist in the Kumori Saxophone Quartet, amongst other ensembles. Kumori Saxophone Quartet is comprised of graduates and students of the Royal College of Music and the Royal Academy of Music. The Quartet performs a wide range of music, from staples of the saxophones repertoire and transcriptions of classical works, to contemporary works. Its members hail from the UK, Sweden, and Canada, and have performed extensively in the UK and internationally. The Quartet's name, Kumori, is from the Japanese word for "cloudiness", an homage to Debussy's Nuages (Clouds), a favourite work of the Quartet.
Christmas, Classical, Classical crossover, Contemporary classical, Musical theatre, 1920s era music, 1930s era music, 1940s era music, Jazz, Blues, Gypsy jazz, Ragtime, Swing, Light music, Acoustic, Pop, Covers, Vintage, Bossa nova
Alto saxophone, Clarinet, Bass Clarinet, Soprano saxophone, Tenor saxophone, Baritone saxophone
Concert, Wedding, Wedding proposal, Funeral / Memorial service, Hotel / Restaurant event, Bar / Club / Venue event, Private event, Corporate event, Charity event, Recording session, Theatre / Show, Birthday party, Christmas party, New Year's Eve
Other skills:
Arranger, Transcription, Fluent improviser, Fluent sight-reader, Instrumental teaching
See all skills
Ruth G, 1 year ago
We had a slighter older audience at our wedding and wanted something with a more sophisticated feel. Initially we thought the Aeolos Duo would be nice for background music, but as it turned out, our guests were keen to pull up a seat to watch what turned into a private concert. It's a real credit to these two fabulous musicians! Also two very nice people!
Tim D, 1 year ago
We were delighted to have Craig and Lucinda perform at our wedding reception. It was absolutely beautiful music and perfect for the occasion. They came well prepared, and were very easy to communicate with through the whole process. Would definitely recommend!
Luke H, 2 years ago
Lucinda and Craig sounded great! Very professional, organised, they even learnt a song I requested for the occasion. My friends enjoyed it a lot too. It was perfect for the occasion!
From other musicians:
Great clarinetist!
Alto Saxophonists in the UK
Clarinettists in the UK
Bass Clarinettists in the UK
Soprano Saxophonists in the UK
Tenor Saxophonists in the UK
Baritone Saxophonists in the UK
Alto Saxophonists in St Albans
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Alto Saxophonists in Sevenoaks
Alto Saxophonists in Hertfordshire


Some of the research that is driven in global pharmaceutical company Glenmark Pharmaceuticals Ltd is known for serving a leading player by discovering some new molecules and processes to finished solution. The pharmaceuticals company has a significant presence in a branded solution that is quite popular worldwide and is known for active, safe and guaranteed solution for relieving various health conditions.
The pharmaceutical company, Glenmark Pharmaceuticals Ltd is a quick enhancing robust business serving the best quality solution globally. This is a trusted company that is not only involved in manufacturing solutions but is also involved in marketing and supplies APIs for regulating and semi-regulated countries so as to serve people with quality medicines. Approx. 14 manufacturing facilities from around four countries and with 6 centers of R&D of the company are still opening wings. The pharmaceutical company is known for serving some of the premium quality healthcare solutions that have been promoting better lives and making things much easier and more manageable.
Being a global pharmaceutical company, this particular company Glenmark Pharmaceuticals grows with a vision for having innovation and quality enriched healthcare medicines so as to deal with various health issues. Right from manufacturing potential APIs; to preparing some of the finished solutions, the pharmaceutical company also helps in involving every single process that is concerned with enhancing pharmaceutical contribution to the world.
Glenmark Pharmaceuticals Ltd pharmacy is known to be a huge pharmaceuticals offering some of the premium quality solutions that are safe, secured and it is a result-oriented solution that promoted a healthy love life condition. Manufacturing is involved in specialty business organized in various areas like India, Central Europe, Latin America, Africa, and Asia etc. Driven by the own vision of leading some global generic organization, the company makes an extraordinary effort for delivering the best effective service.
The pharmaceutical company is a popular manufacturer that is a sensational solution range and quality of medicine when it comes to dealing with various health issues. Being a leader in the Discovery of some New Molecules as actually a chemical and biological entity, this is the company that provides the best solution for dealing with various health issues. Overall, this particular pharmaceutical company is a reliable company that helps in serving the best products in the world and making it easier to a deal with health disorders.
V Wash Plus is one of the best hygiene wash solutions formulated for ai..


text:
War & Violence
Democracy in the 21st Century
Oligarchy & Corruption
Europe & Ukraine
NGOS and Civic Initiatives
+61 2 9351 7694 team@ukrainedemocracy.org
INTERVIEW | YULIA MARUSHEVSKA ABOUT DEMOCRACY AND REFORMS AT ODESSA CUSTOMS
This interview with Yulia Marushevska, Chief of Odessa Customs, Odessa State Regional Administration, is part of the series of interviews for the research project "Ukrainian Democracy: Performance, Challenges and Futures". The project aims to understand the key barriers to building the successful democracy in Ukraine – in the sphere or government, at the level of civil society and in the filed of foreign policy.
UDI: Do you think of Ukraine as fully democratic?
Yulia: What is "democracy"? The components of democracy are a democratic election, and the existence of appropriate institutions. There are no common standards of democracy in the world. There is always some deviation. In Ukraine, I would say, there is a type of democracy that still needs improvement. This is because, on one hand, we have a democratic electoral process and democratic leadership. On the other hand, there are problems with the institutions that are actually on the periphery. We cannot claim that they operate sufficiently enough to contribute to a successful democracy.
UDI: In your opinion, is it too early to say that Ukraine has overcome a democracy crisis?
Yulia: Nowadays Ukraine is working towards a more successful democracy. Only six months ago we talked about whether or not we have a failed state, and how much time is left. We must decide … There is a huge risk of losing sovereignty. We are going through a historic moment, when the fate of the country is being determined, which includes identifying if it is an ochlocracy. In other words, the latter refers to a country ruled by clans under the guise of democracy that in turn portray it as a democratically successful country. As a society, we have made our choice on where we want to go. But institutionally, we have not reached that point …
UDI: What is the role of civil society, regarding the promotion of reforms in the country?
Yulia: Civil society is the main driver of this process. It demonstrates the need for democratic reforms, and protects these processes.
UDI: In summer 2015, the Governor expressed his intention to reform the Customs Service system, based on the "Georgian" model. What is the status of the customs office reform process in Odessa?
Yulia: Actually, we started to work on Odessa customs in November. The project was announced by the Ukrainian President, together with the Head of the Odessa regional administration. The idea was to launch new customs standards, starting from the port of Odessa. It is a difficult time for this project at the moment. It was designed for four months. After four months, we had to announce the launch of the project and start operating the test mode. However, the internal reconstruction of the customs building was set for completion at the end of August. We did everything we could: employed people (such as new customs officers), prescribed new procedures and relevant regulations to make it all work quickly. Being one of 26 regional customs, we actually faced, within the existing Customs system, a lack of political will from Ukrainian customs leaders that blocked every stage of the project. As a result, we devoted much greater effort than was foreseen. We planned to see the results twice as fast, but had to work harder and longer for it to actualise. Yet I remain positive, considering the new people we employed through open competition testing (for example 100 candidates out of 2000 submitted applications were selected). The selection system was complex, but they were and are studying with American specialists on Border Customs Protection, to later work with EU representatives as part of the learning process. Ukrainian customs representatives are also invited to share experiences. At the end, we will develop a professionally trained personnel base with strong intellectual and psychological indicators prepared to work within the new standards. This is not just a change of faces. We want to change the system from within. We are also changing the wage remuneration scheme for such positions. You cannot build an institution if the employee's salary is 50 dollars.
UDI: Why is dialogue with representatives of the old system not always successful?
Yulia: Generally, dialogue is hardly possible in this case. We were able to communicate only within the initial three months, but not taken seriously. The perception toward us was that we wanted to play a game, change tables, and chairs. It then became clear that no tables and chairs were to change. Instead, the processes in one of the Ukraine's largest ports would be changed… There cannot be a dialogue because there is are huge business and private interests from people who want to finish building a house next month, or to pay for the schooling of their child in London. The idea of this project is to automate processes so that inspectors cannot make subjective decisions as often and as much now. There will be no opportunities to subjectively decide whether the chosen company will pay 100 thousand or 200 thousand in taxes – due to an automation process. We take away this human element out of the decision-making and effectively convey it into the system. Launching such a model in Odessa will help us gain support in the business sector, perpetuating an alternative work culture for customs.
This experience should be used in other major customs points, so we can fix the system and prevent what is happening in Odessa. Business can work without bribes, but those who want to register contraband goods simply do not process them in Odessa and go to other cities.
UDI: Has the geographical conjuncture of importing countries changed during your leadership?
Yulia: Basically, there are certain changes. Of course, there are seasonal changes, which dominate most of our experiences with partner countries from the European Union, the US, and Canada. Importers from the countries where businesses used to operate legally, go where there is a legal right to work, and where it is convenient for them.
UDI: Which countries have responded to the changing principles of customs and decided to direct the flow of imports to Odessa?
Yulia: We had a successful meeting with Canadian businessmen, and hope that the signing of a free trade agreement between Canada and Ukraine will increase freight flow. However, it is contingent upon the decision of businesses, rather than countries.
UDI: Are there any priority areas of work related to foreign economic policy? What kinds of business, and which trading countries, are desirable for Ukraine?
Yulia: We started cooperating with 37 partner countries. These were based on prior established relationships and guarantees of business legality and certified documents (e.g. certificates of origin provided by customs). The conditions of supervision have been simplified for them.
Our general policy is that everyone should get good service, regardless of country, product, and direction. The whole system operates on meritable relationships with any employee of any country.
As of 2016, Ukraine has sent 54% of its export goods to Asia, 24% to the EU, 1% – to CIS, 21% – other countries. Main exporters of Ukrainian goods are China (14%), Egypt (11%) and India (8%). Ukraine imports 34% of goods from Asia, 26% of goods from EU, 6% of goods from CIS, and 25% of goods from other countries. Most of the import products are sent to Ukraine from China (16%), Austria (11%) and USA (10%).
UDI: What is vertical corruption in the customs arena?
Yulia: Vertical Corruption in customs is very centralized. Having changed the governing structure of Customs (around 40 people) we managed to reduce 70% of corruption flows. It is difficult to steal without the support of leadership. [Fraud] is very noticeable in the customs system. If corruption remained, then it is only at the level of ordinary inspectors. The customs office consists of 1400 people. It is quite difficult to change their attitude, train them, and issue them a decent salary. We have now employed 120 new employees. For eight months now we have been implementing a general policy that bribes led to sacking.
UDI: Is eradicating corruption among ordinary workers the most difficult task?
Yulia: Without normal salaries, and automation processes, it is difficult to eradicate corruption. We set a goal to implement new software, and change procedures by reducing the corrupt behavior.
UDI: Is smuggling in the region still an acute issue?
Yulia: If you mean smuggling when taxes are not fully paid for certain product groups, then it looks like the goods simply would arrive through other customs pathways. Our policy is clear. Businesses legally pay all the taxes, or look for other places to trade.
UDI: Does Odessa Customs cooperate with other similar services of the Black Sea region?
Yulia: We communicate not only within the Black Sea basin, but around the world. I recently mentioned the US Border Customs Service. We are in close partnership with them. I also met with Singaporean Customs officers. I think that Odessa customs should not compete with Mykolayiv or Kherson Customs, but with international customs and their standards of service provision for working with businesses. We should move away from the fact that we are in "backyard of the world." For instance, what takes Singapore a few hours, takes us a few days. We want to be attractive to global partners.
UDI: What foreign practices do you plan to take as a base and implement in Odessa?
Yulia: We need to change the approach of Ukrainian customs, which is focused on revenue generation, and collecting taxes. The functions of customs should be to provide security services and facilitate trade. In Ukraine, customs are involved with trade budgets. The main themes of discussion reflect on how much money they managed to collect. No one shows interest in the amount of detained drugs and weapons that new businesses were involved amidst the region. Neither the time, nor the speed of procedures, or clients are important. We introduced a hotline for business representatives to share their feedback on services, and to ask questions about procedures. We live in times of global competition. Even state institutions such as Customs must provide a service and guarantee security to its people. A collection of taxes – is still a Tax Service competence.
Speaking globally of all practices that may be perceived, we would like to introduce a post-audit process. It would address violations that may occur during the application of customs taxes, which are controlled through profits from taxing businesses, and involve police forces. I would like to integrate customs, tax, and border bases to reduce multiple practices. I refer to how customs writes a letter, asking whether certain cars came through. This takes up to two weeks to get answered. We must move from the Middle Ages to the present times.
UDI: How does investment attractiveness for the region depend on the efficient operations of customs?
Yulia: Customs matters not only to a particular region, but also to the entire country. Customs now generates budgetary revenues. In other words, customs work affects the lives of people, in terms of the quality of roads, hospitals, kindergartens. The status each depends on the payments that arrive at customs. From a business perspective, customs play one of the most important roles. Usually, when a businessman comes to Ukrainian customs, he never knows how much time and money to spend. However, businesses must work in a predictable environment. In order to plan their work, businesses forecast their expenditure. Since customs is not operating according to global standard, it can now successfully run mainly local companies with connections. If we introduce international standards and normal healthy climate within customs, it will contribute to better conditions for small businesses. At the same time, the global business can come to us under such conditions, alongside new employment opportunities.
More insights!
Khrystyna Boychuk, Head of Call-Centre functioning under the auspices of Odessa Customs Service
"the main task of those who participate in the reformatory process – be them civil servants or not – is to be able to assume full responsibility for their own deeds".
The official launch of Customs Call Centre took place in April 2016. For the time being, citizens can seek consultation from agents based in the call-centre or report acts of corruption via the HELP hot-line.
All the customers' inquiries are categorized as follows: customs' reforms (ideas and suggestions communicated by the public), consultations, reports on corruption incidents, complaints and gratitude. All information regarding the registered corruption reports is submitted directly to the Head of the Customs (Yulia L. Marushevska) or Deputy Heads. As a result, new cases are opened in connection to every complaint that has passed the scrutiny.
Roman Bakhovskyy, Deputy Head of the Customs, Project Leader
This spring, 108 future customs inspectors have been selected from the pool of 2700 applications. On 29 April 2016 newly-appointed customs officers took the oath and thus became full-scale members of the project "Open Customs Space". We have come a long way in our efforts to raise candidates' qualification level and make it possible for them to acquire a set of project implementation skills. For instance, from 10 May 2016 to 3 June 2016 all customs officers were taught a basic course on customs affairs in the Department for Specialized Training and Canine Services in Khmelnytskyi. Upon return to Odessa future customs officers were as well invited to complete a crash course on blind speed typing provided by "STEP" (Shag) Computer Academy. Of note, speed typing is the skill essential for prompt document processing. Training program was complemented by the seminar on client interaction Service+, EUBAM mission-assisted course on combating infringements of customs legislation as element of protection of security interests, US Embassy-supported course of lectures on «International Seaport Interdiction Training».
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Here we are better thought of than in England
Dennis Sear with the Market-Garden standard in Malden in 1997
By Sergio Boutkan
Malden – The Englishman Dennis Sear was one of the many Veterans who recently visited the area to commemorate our liberation from the Germans. Sear, 75 year old in the meantime, was very closely involved with the well-known operation Market-Garden, and for a week he was the guest of the family Jaap Been, in Malden. Regiodiek saw the Veteran, and looked back with him to the moving events during the war. "I was lucky to come back in one piece".
Dennis Sear is back in Holland for the eighth time since the war. All those times, he has been a guest of the family Been in Malden. Maud Been very well remembers 1989, the first time that the Veteran was their guest. "At that time he was very reticent, and hardly said anything for the first two days. Only later did the stories emerge. "Especially the visits to the graves of his friends were rather emotional for Dennis", says the resident of Malden.
The Cemeteries at Groesbeek and Milsbeek brought forth a lot of emotions then.
"Tears were running down my cheeks", explains the great big strapping Veteran. Dennis Sear was called up for the British army in 1941. Before he came to Holland in the autumn of 1944, he was stationed in many other countries. "In total, I was in eleven different countries, including Algeria, Sicily and Palestine. So, I saw quite a lot of the world. And this all "at His Majesty's expense", Sear explains, smiling.
Older brother
Dennis Sear was employed as a cook in the British army. "Nearly all big boys went to the catering school in those days. I used to cook daily for about 60 soldiers. This was quite a job. I also remember that I regularly took some tins of corned beef to a young family with a twin. They lived somewhere in the middle of the woods and were really starving. They were overjoyed when I visited them, Sear explains". He rarely cooks at home any more. "I only go in the kitchen to make a cup of coffee" he tells us, smiling.
Other than being a cook, Dennis Sear, who was younger than most of his comrades, also acted as an older brother. "They came to me to talk about their premonition of dying. Some of them were really scared that they would not survive the war. I then made jokes and told them: 'Don't be silly, everything is gonna be all right'. Nevertheless I lost some good friends at the time", comes sadly from the mouth of the Veteran. Dennis Sear also wrote letters for those who could not read or write. "Quite often they concerned very personal matters. In fact, they considered me to be like a brother who could support them in hard times. I was a sort of a social worker to them", Sear explains. Each time the Englishman comes back to Holland he is astonished about the appreciation and the admiration that is showered upon him and his colleagues. "We are treated here as real heroes. This really surprises me, as it was not so very special what we did. We fought a little bit for ourselves as well", Sear modifies the hero-worship. On the other hand, the Veterans are hardly treated as heroes when back in England . "People like us are forgotten in England. We only receive respect generally from our families. Furthermore, we only receive a low pension. It really is not necessary to pat us on the back, but a little bit more respect would be appreciated.", is the opinion of the Veteran. "Here in Holland it is quite the opposite. Here we are better thought of than in England.
Translated from 'The Regiodiek' of 30th September 1997, by Jaap Been
Text corrections / amendments by Peter Barleycorn
Dennis served with the Royal Engineers, 210 regiment, XXX Corps
Dennis passed away on January 18, 2010, aged 87
Obituary Dennis George Sear
Here we are better people than back home (pdf)
Stan staggered by gratitude (pdf)


Street Style- what is it? In my eyes, it's an elevated form of fashion. It pushes the limits, creates new ideas and inspiration. Ultimately, it's the looks that fashion editors and bloggers are wearing, usually to fashion week, that you instantly want to steal! The outfit I created above has just an instant "cool" feel about it. It's fun, different, and creative (or at least I like to think so!) Graphic tees and prints are trends seen on "the streets" that you want to try now, and this is a great way to mix the two!


Most people have a wrong mind-set about money and that is a killer of financial success. When you have the wrong mind-set about money, the consequence are usually devastating, hence the reason you must start developing the thoughts about money.
The wrong mind-set about money for instance will make you feel that there is no need to proper note of what you bought last night. You feel it is not worth jotting down.
However, here are some of the personal finance tips that will help you change the mind-set about money.
No matter any amount you earn, savings remain a prerequisite to achieving financial independence. This is a standard tip which almost everybody is familiar with, but how many people are saving a certain percentage of their income.
"Set a savings and investment amount for each week and have it automatically put away. What you can't see, you won't spend," says John Rampton, a serial entrepreneur, and a global online Influencer.
If you are the frugal type that doesn't question or think twice before dipping hands into your wallet, it becomes an issue. You will always want to spend on anything that comes your way.
"We spend a lot of money, but we forget and don't make the most of it. . . . You can spend as much as $300 or $400 a year if you use a different [ATM] two or three times a week," Torabi Adds.
We are spending a lot of money without knowing, but we keep lamenting that income is not quite enough. The failure to account for every penny spent is a roadmap to financial dependence which must be avoided.
"We're more and more detached from our finances, we're not using cash anymore, so we're not watching the dollars leave our wallets," says Farnoosh Torabi, a New York-based personal finance expert.
"The Internet makes it so easy to buy things; we don't take the time to reflect on whether we're making the right decisions for our finances.
However, one of the useful and practical ways to account for every amount spent is by having a budget. Having a budget is helpful; it allows you to avoid unnecessary spending.
Meanwhile, it is not enough to have a budget; it has to be followed to achieve results.
"Budgets are an essential part of creating a healthy financial life. Without budgeting, you can't track what you're spending. Budgets are like a map.
You wouldn't drive across the country without a GPS so why not the budget? Zina Kumok, Blogger, Debt Free After Three says.
Money, no matter how small must be spent wisely by channeling it to the things that bring value. Considering the proliferation of smartphones, most teenagers and youth spend more on them than to invest in something meaningful.
According to Ramit Sethi, in his book titled "I Will Teach You To Be Rich," he said: I believe in paying for value. If you're going to get value out of something, you should pay for it, and you should enjoy it.
Other personal finance tips could be applied before you start seeing the result in your financial goal. It's a journey that requires resilience and patience. Let me know your thoughts in the comment section.


1. Navigate to the phone's settings menu.
2. Select the Bluetooth menu. Ensure Bluetooth is on.
3. Press and hold the CONNECT button on the COOKOO Watch for 6 seconds. You'll see all the icons flash.
4. Select the COOKOO watch in the Bluetooth menu. Tap "pair" when prompted.
5. The pairing process takes a few seconds to complete. Once it's complete you'll see the COOKOO logo solidly illuminated. Then you'll be ready to start receiving notifications!
1. Acknowledge missed call alerts by viewing the missed call in the iOS call log.
2. Acknowledge SMS messages by viewing the message in the messaging application.


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Rick Rubin: Showtime Preps 'Shangri-La' Documentary Series on Producer
"Work-in-progress" version of Morgan Neville-directed project will screen at 2019 SXSW Festival
Ryan Reed's Most Recent Stories
New Edition, New Kids on the Block Face Off in 'Battle of Boston' at 2021 AMAs
Olivia Rodrigo Lights Up 2021 AMAs With Powerhouse 'Traitor'
Silk Sonic Kick Off 2021 AMAs With Velvety 'Smokin Out the Window'
Filmmaker Morgan Neville will explore Rick Rubin's creative process in 'Shangri-La,' an upcoming documentary series about the producer.
Oscar-winning filmmaker Morgan Neville (Won't You Be My Neighbor?, 20 Feet From Stardom) will highlight Rick Rubin's eclectic resumé and unique creative process in Shangri-La, an upcoming documentary series about the acclaimed music producer. A "work-in-progress" cut will screen at the 2019 SXSW Festival, scheduled for March 8th-17th in Austin, Texas; the full project will air later in the year on Showtime.
Neville and Rubin will executive produce Shangri-La along with Jeff Malmberg, Danny Breen, Michael Goldberg, Eric Lynn, Isaac Heymann, Dianna Schmederman and Jason Schrift. Malmberg (editor of Won't You Be My Neighbor?) will direct two episodes of the series, which is set at (and named after) Rubin's Malibu, California recording studio.
Rubin began his career in the 1980s, co-founding Def Jam Records as a senior at New York University; at the label, he helped launch the careers of pioneering hip-hop acts like Public Enemy, Beastie Boys and Run-DMC. Over the decades, his production skills have translated to seemingly every genre – from rap (Eminem, Kanye West, Jay Z) to soul-pop (Adele) to country (Johnny Cash) to progressive rock (the Mars Volta) to metal (Black Sabbath), helping him rack up eight Grammy awards and 15 nominations.
The producer's most recent work includes Smashing Pumpkins' 2018 album, Shiny and Oh So Bright, Vol. 1 / LP: No Past. No Future. No Sun., Billy Corgan's 2017 solo record, Ogilala, and Eminem's LP from the same year, Revival.
In This Article: Rick Rubin,	Showtime


Did you just upgrade to Kodi Krypton 17 and is now getting a message popup when trying to install add-ons?
Obviously, this message never appeared in the older releases of Kodi 16.1 and below. By Kodi implementing this step of enabling installation of add-ons from unknown sources, it allows to distant themselves and reduce the liability of being associated with pirating.
Highlight "Turn on Unknown Source" and select to toggle on.
"Add-ons will be given access to personal data stored on this device. By allowing, you agree that you are solely responsible for any loss of data, unwanted behaviour, or damage to your device. Proceed?
That's pretty much it, you can now continue to install add-ons as you normally would like Kodi 16.1 and below.
Here are some screenshots of the steps required.


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7. Gebirgs-Division var en tysk bergsinfanteridivision under andra världskriget. Divisionen sattes upp 22 oktober 1941 i Bad Kissingen och var en omorganisation av den redan existerande 99. Leichte Infanterie-Division. Divisionen ska ej förväxlas med 7. SS-Freiwilligen Gebirgs-Division Prinz Eugen.

Historia
Divisionen stred uteslutande i Finland under kriget. Insatsen i Finland blev en stor påfrestning för tyskarna, inte bara till följd av striderna, utan av det bistra klimatet. Även när det var lugnt vid fronten blev de mest elementära soldatplikterna och det vardagliga livet påfrestande. Långa vintermånader med konstant mörker och bister kyla påverkade tyskarna hårt. Divisionen stred under 20. Gebirgsarmee och deltog i Fortsättningskriget (1941-1944) då i strid på Finlands sida mot Sovjetunionen och senare i Lapplandskriget (1944-1945) mot Finland som efter det tyska nederlaget vid Stalingrad drev ut tyskarna ur landet.

Divisionen kapitulerade, efter reträtt, i maj 1945 utanför Lillehammer.

Organisation
 206. Gebirgs-Jäger-Regiment
 218. Gebirgs-Jäger-Regiment
 82. Gebirgs-Artillerie-Regiment
 82. Ski-Bataillon
 99. Panzerjäger-Abteilung
 99. Gebirgs-Nachrichten-Abteilung
 99. Feldersatz-Bataillon
 99. Divisionseinheiten

Befälhavare
Generalleutnant Rudolf Konrad - 19 december 1941
Generalmajor Wilhelm Weiss 19 december 1941 - 1 januari 1942
Generalleutnant Robert Martinek 1 januari 1942 - juni 1942
Oberst August Krakau 1 maj 1942 - 22 juli 1942
Generalleutnant Robert Martinek 22 juli 1942 - 10 september 1942
Generalmajor August Krakau 10 september 1942 - Kapitulationen

Utmärkelser

Utdelade exemplar av Riddarkorset av järnkorset (8 st)
 Generalleutnant Krakau
 Generalmajor van der Hoop
 Oberst Esch †
 Oberst Schuler
 Major Lapp
 Oberleutnant Zintl
 Oberleutnant Schneider †
 Oberfeldwebel Krutemeier

Tyska korset i guld (25 st)
 Oberst Esch
 Oberst Hoffmeister
 Oberst von Oppen
 Oberst Schuler
 Major Angerer
 Major Baierlein
 Major Hartmann
 Major Herlein
 Major Knobloch
 Major Pilgrim
 Major Schüßler
 Major Weitlaner
 Major Zimmermann
 Hauptmann Bach
 Hauptmann Roser
 Hauptmann Schorr
 Hauptmann Stützer
 Oberleutnant Graupe
 Oberleutnant Hißner
 Oberleutnant Zintl
 Oberfeldwebel Brückner
 Oberfeldwebel Metzger
 Oberfeldwebel Schubert
 Feldwebel Oberkircher
 Obergefreiter Schirra

Ärespännet (1 st)
 Oberst Schuler

Referenser

Divisioner ur Heer

redpajama_set_name: RedPajamaWikipedia


"The most professional web design firm in the world."
They apparently did the work on billyharveymusic.com - I like the music, and I love the user experience.
I have promised but not delivered on posting about rock-n-roll. You may know this already - they have been around for quite a while - but And you will know us by the trail of dead rock. They ROCK. I am revisiting their excellent album Source Tags & Codes. Pitchfork gave it a 10.0, we-dis-god-for-indie-street-cred mongering sonsabitches, so that should mean something.
If you haven't heard of them before, no thanks necessary. You are welcome. Very welcome indeed.
We now return to our regularly scheduled program.


Due to various reasons sometimes we can't get to the phone, we always strive to give our customers a quick way to reach us and peace of mind, any questions any concerns please don't hesitate to send a text message we will do our best to answer you as soon as possible regardless of the time or day you text. International customers we are also on WHATSAPP.
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Home / #IPKat / Article 4 EUTMR / CJEU / colour combination marks / colour marks / red bull / representation in an appropriate form / CJEU dismisses Red Bull's appeal concerning its colour combination marks
CJEU dismisses Red Bull's appeal concerning its colour combination marks
Nedim Malovic Tuesday, July 30, 2019 - #IPKat, Article 4 EUTMR, CJEU, colour combination marks, colour marks, red bull, representation in an appropriate form
In a judgment issued yesterday, the Court of Justice of the European Union (CJEU) dismissed Red Bull's appeal against the EU General Court's decision [here], which had upheld the EUIPO's First Board of Appeal's finding that the Red Bull's colour combination marks would be invalid.
Red Bull successfully registered two EU trade marks, one in 2005 and another one in 2011, for the combination of blue and silver in Class 32 (energy drinks) of the Nice Classification:
The first mark specified that: "Protection is claimed for the colours blue (RAL 5002) and silver (RAL 9006). The ratio of the colours is approximately 50%–50%." The second mark specified that: "The two colours will be applied in equal proportion and juxtaposed to each other. Blue (Pantone 2747C), silver (Pantone 877C)."
On 20 September 2013 a Polish company, Optimum Mark, filed an application with the EUIPO for a declaration of invalidity of both marks.
It argued that the first mark did not meet the requirements of what is now Article 7(1)(a) Regulation 2017/1001 (EU Trade Mark Regulation (EUTMR), since its representation did not systematically arrange the colours by associating them in a predetermined and uniform way. In addition, the description of the trade mark, according to which the ratio of the two colours of which the mark was composed was 'approximately 50%–50%', allowed for numerous combinations, with the result that consumers would not be able to make further purchases with certainty.
As regards to the second mark, it argued that this mark failed to meet the requirements of Article 7(1)(a) EUTMR. Also, on account of the fact that the term 'juxtaposed' might have several meanings, the description of the trade mark did not indicate the type of arrangement in which the two colours would be applied to the goods: as such, the representation would not be self-contained, clear and precise.
Previous instalments
The EUIPO Cancellation Division declared the two marks in question invalid in two separate proceedings, inter alia on the ground that their representation was not sufficiently precise.
The decisions were subsequently appealed to the First Board of Appeal of EUIPO which dismissed the appeals in their entirety. Following an appeal before the EU General Court, this upheld the Cancellation Division's ruling in 2017, prompting Red Bull to appeal the ruling one last time to the CJEU.
The CJEU appeal
Red Bull submitted five grounds in support of its appeal, alleging breach of:
The principles of equal treatment and proportionality in connection with Article 4 and Article 7(1)(a) EUTMR,
Article 4 and Article 7(1)(a) EUTMR,
The principle of respecting legitimate expectations
The principle of proportionality, and
Article 134(1) and Article 135 of the Rules of Procedure of the General Court.
The present analysis revolves around the second ground of appeal, namely the one concerning Article 4 and 7(1)(a) EUTMR.
Red Bull submitted that the General Court had misinterpreted the judgment in Heidelberger Bauchemie (C‑49/02) in holding that marks consisting of a combination of colours must systematically specify the spatial arrangement of the colours in question and, consequently, concluding that, in the present case, the graphic representation of the marks at issue was insufficiently precise without such an arrangement.
In particular, by the first part of the second ground of appeal, Red Bull contended that Heidelberger Bauchemie (C‑49/02) should be interpreted in the specific context of the case which had given rise to that judgment. Furthermore, by considering that the mere juxtaposition of colours was not sufficient to constitute a precise and uniform graphic representation, the General Court had failed to consider that a trade mark must be viewed as filed, as per the CJEU decision in Apple (C‑421/13). As such, it had failed to consider the specific feature of marks consisting of a combination of colours, which is not having contours.
The CJEU judgment
According to the CJEU, it is clear from earlier case law that a sign may be registered as a mark only if the applicant provides a graphic representation in accordance with the requirements in Article 4 EUTMR, to the effect that the subject matter and scope of the protection sought are clearly and precisely determined. Where an application is accompanied by a verbal description of the sign, that description must serve to clarify the subject matter and scope of the protection sought under trade mark law; such a description cannot be inconsistent with the graphic representation of a trade mark or give rise to doubts as to the subject matter and scope of that graphic representation (Hartwall, C‑578/17)).
In Heidelberger Bauchemie (C‑49/02) the CJEU held that a graphic representation of two or more colours, designated in the abstract and without contours, must be systematically arranged in such a way that the colours concerned are associated in a predetermined and uniform way. It also noted that the mere juxtaposition of two or more colours, without shape or contours, or a reference to two or more colours 'in every conceivable form', will not exhibit the qualities of precision and uniformity required by Article 4.
Importantly, such representations would allow numerous different combinations, which would not permit the consumer to perceive and recall any particular combination, thereby failing to enable them to make further purchases with certainty. Similarly, the competent authorities and economic operators would not know the scope of the protection afforded to the proprietor of the trade mark in question.
Therefore, and contrary to what Red Bull had submitted, requiring a mark consisting of a combination of colours to display a systematic arrangement associating the colours in a predetermined and uniform way cannot transform that type of mark into a figurative mark, since that requirement does not mean that the colours must be defined by contours.
Neither could Red Bull rely on the CJEU judgment in Apple (C‑421/13) in support of its claim that the General Court had erred in holding that the graphic representation of the marks at issue was insufficiently precise. That case merely concerned graphic representation of 'a collection of lines, curves and shapes', which was not the case here.
In light of all these considerations, the CJEU concluded that the General Court had not erred in its assessment of Article 4 and 7(1)(a) EUTMR.
The General Court was right to consider that the description of the marks could result in numerous combinations with respect to the arrangement of the two colours. Therefore, marks that allow for a plurality of reproductions that are neither determined in advance nor uniform are considered incompatible with the EUTMR.
CJEU dismisses Red Bull's appeal concerning its colour combination marks Reviewed by Nedim Malovic on Tuesday, July 30, 2019 Rating: 5
representation in an appropriate form
Colin Manning Wednesday, 4 November 2020 at 13:20:00 GMT
I think the application by the Polish company may have been in September 2011.
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