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Veteran coach Rogers enjoys having a diamond to call his own with Leo Lions
May 14, 2019 stvkrh905	Leave a comment
Gary Rogers finally is in charge of a baseball facility where he gets first dibs.
In 32 seasons as head coach at Fort Wayne (Ind.) Bishop Luers High School, Rogers did not have an on-campus field and shared diamonds around the Summit City.
At various times, the Knights practiced at Tillman Park and played games at McMillen Park, Concordia Seminary and Indiana Tech.
"I'm like a kid in a candy store with my own field," says Rogers, who is in his second season at Leo Junior/Senior High School in 2019.
Rogers landed at Leo as a guidance counselor when Harding High School closed as a high school, but continued to coach at Luers.
When Dave Boyce stepped away and left an opening at the top of the Lions program, Rogers took the opportunity to coach at the same place where he works during the day.
Having his own diamond is a big plus. Leo is the lone tenant at a field that has seen plenty of upgrades since Rogers took over.
"The kids have really worked hard on this field in the two years that I've been here," says Rogers. "We're still not done."
Leo's baseball field has two new hitting tunnels on the third base side with excess turf from the football field.
Last year, 80 tons of infield dirt material was brought in. The mound was re-built. Using 40 more tons of material, the warning track was extended around Thanksgiving time.
Also last fall, lips were cut out, new sod was planted and the home plate area was lifted.
"Your field is a reflection of your program," says Rogers. "I've always felt that way."
Rogers is a 1974 graduate of Merrillville (Ind.) High School and he saw how much tender loving care Pirates coach Bill Metcalf put into his field.
"He was always on the field doing something and we wondered what he was doing," says Rogers of the Indiana High School Baseball Coaches Association and National Baseball Coaches Association Hall of Famer. "Now, I understand that really well."
He got a chance to plenty of work on the field at Indiana Tech for coaches Lance Hershberger, Steve Devine and Kip McWilliams.
With just one gym at Luers, the location of indoor workouts was not a certainty for Rogers and his teams. It may still get crowded, but there is a main gym and auxiliary available at Leo Junior/Senior, a part of East Allen County Schools.
Leo carries a brand resembling that of the "South Side Hitmen" era of Chicago baseball, a device devised by Boyce and kept by Rogers.
"I love that logo because I'm a White Sox guy," says Rogers.
The coach considers himself to be "old school."
"Everybody wears the uniform the same," says Rogers. "We're either all up (with the socks) or all down. We ask them to get haircuts. Those are my things.
"As for the baseball, we always work and always hustle. We want to be the first ones on the field and the first ones off the field. We want to get after every ball.
"I'm trying to teach the game the right way. I disagreed with Bryce Harper when he said there is no right way to play the game. I believe there is."
One former player really took the Rogers' insistence on hustle.
While he grew physically after high school and was very talented athletically, Kevin Kiemaier worked his way to the major leagues. He is now the starting center fielder for the Tampa Bay Rays.
Rogers cherishes the memory of visiting Kiemaier while he was in rookie ball and him telling his former coach, "the rays like me because I'm a program guy. That serves me well."
A three-sport athlete at Luers (football, basketball and baseball), Kiemaier demonstrated his athleticism while on the mound in the 2008 South Bend Semistate championship game against Boone Grove. A ball was smashed up the middle and Kiermaier stabbed it behind his back.
"He doesn't make that play if he's not an athlete," says Rogers.
Winning pitcher Kiermaier led off and hurled the first five innings before going to shortstop as Luers beat Elwood 14-9 to win the IHSAA Class 2A state championship in 2008. That capped a school year in which the Knights also took state crowns in football and basketball.
Besides the state championship, Rogers-coached Luers baseball squads won four sectionals, one regional and one semistate.
He was an Indiana High School Baseball Coaches Association Coach of the Year in 2008 and has earned district COTY honors twice.
Very involved in the Fort Wayne diamond community, Rogers has been part of Wildcat Baseball League since former Fort Wayne Concordia Lutheran and IHSBCA Hall of Famer Jack Massucci asked him to help more than three decades ago. He started as director at Northwood Middle School, moved to St. Joe Little League then took on an administrative role.
Rogers is on the board for the Northeast Indiana Baseball Association and is an NEIBA Hall of Famer.
The 2019 NEIBA banquet is May 19. Mike Nutter, Mike Marchesano and Mike Frame are all to be inducted in the Hall of Fame. Spearheaded by Rogers and Carroll High School assistant Brett Windmiller, the organization will present at Northeast Indiana High School Player of the Year award.
Rogers played at Huntington College (now Huntington University) and graduated in 1978. He was a sophomore when Dave Goodmiller (now head coach at Norwell High School) was a senior. The two went on the play together in Fort Wayne's Stan Musial League with Blackie's Rib Corral and Mexican Joe's. Rogers was the head coach for the North for the IHSBCA North/South All-Star Series at Notre Dame in 2008. Dave Goodmiller was an assistant and his son, Rhett Goodmiller, played in the game.
On April 23, 2019, Rogers earned career victory No. 500 against Norwell.
Rogers was an assistant to Don Hummel at New Haven and Larry Gerardo at Luers before taking over that program.
The 2018 Leo squad went 19-8. The 2019 team was 18-3 through May 13.
Alex Bireley, Christian Brubaker, Chase Chaney, Ryan Hackworth, Chance McMaken, Tyler Parker and A.J. Restivo are seniors on the current Leo squad. Hackworth has committed to play baseball at Heidelberg University in Tiffin, Ohio.
Recent Leo graduates to move on to college ball are Easton Embry (Earlham College), Lukas Kline (Franklin College) and Max Minich (Kankakee Community College).
Rogers' assistants are Brent Davis, Brian Turner and Jim Sickafoose with the varsity and Tom Miller and Mitch Meinholtz with the junior varsity. Davis is a New Haven graduate. Turner went to Fort Wayne Snider and played for Indiana Tech when Hershberger was a head coach and Rogers an assistant. Sickafoose is a former Central Noble head coach. There are 33 players in the program in 2019.
Leo (enrollment around 975) is a member of the Northeast Eight Conference (with Bellmont, Columbia City, DeKalb, East Noble, Huntington North, New Haven and Norwell).
The Lions are part of an IHSAA Class 3A sectional grouping with Fort Wayne Bishop Dwenger, Fort Wayne Bishop Luers, Fort Wayne Concordia Lutheran, Garrett, New Haven and Columbia City. Leo has earned eight sectional crowns — the last in 2012.
Besides various travel teams, Leo Grabill Little League serves as a feeder program for the Lions.
Gary and Jackie Rogers have three daughters — Melissa, Emily and Katie — and five grandchildren.
Gary Rogers is in his second season as head coach at Leo Junior/Senior High School after 32 seasons at Fort Wayne (Ind.) Bishop Luers.
A.J. RestivoAlex BireleyBasketballBill MetcalfBlackie's Rib CorralBrent DavisBrett WindmillerBrian TurnerBryce HarperCentral NobleChance McMakenChase ChaneyChicago White SoxChristian BrubakerCoach of the YearColumbia CityConcordia SeminaryDave BoyceDave GoodmillerDon HummelEarlham CollegeEast Allen County SchoolsEaston EmbryFootballFort WayneFort Wayne Bishop DwengerFort Wayne Bishop LuersFort Wayne CarrollFort Wayne Concordia LutheranFranklin CollegeGarrettGary RogersGuidance counselorHarding High SchoolHeidelberg UniversityHuntington CollegeHuntington UniversityIHSAAIHSBCA Hall of FameIHSBCA North/South All-Star SeriesIndiana High School Baseball Coaches AssociationIndiana TechJack MassucciJackie RogersJim SickafooseKankakee Community CollegeKevin KiermaierKip McWilliamsKnightsLance HershbergerLarry GerardoLeoLeo Grabill Little LeagueLeo Junior/Senior High SchoolLionsLukas KlineMax MinichMcMillen ParkMerrillvilleMexican Joe'sMike FrameMike MarchesanoMike NutterMitch MeinholtzNational Baseball Coaches AssocitionNCSA Hall of FameNew HavenNortheast Indiana Baseball AssociationNortheast Indiana High School Player of the YearNorwellRhett GoodmillerRyan HackworthSouth Side HitmenStan Musial LeagueState championsSteve DevineTampa Bay RaysTillman ParkTom MillerTyler ParkerWildcat Baseball League
Vet coach Goodmiller now leading Norwell Knights baseball
February 15, 2019 stvkrh905	4 Comments
Coaching baseball at the levels he has for decades has been rewarding for Dave Goodmiller.
"I like high school and college so much because you see kids who get physically stronger and mature," says Goodmiller. "It's a time of growth — physically, mentally and skill-wise."
"I really like developing the kids. That's why I've enjoyed my time as an assistant coach. I like seeing kids get better."
He used former big league pitcher Jarrod Parker as an example.
"He was probably 140 pounds as a freshman," says Goodmiller of Parker, who graduated from Norwell in 2007. "By the time he was a senior, he was 180 pounds and a really good athlete."
Goodmiller enters his first season as head coach at Norwell High School in Ossian, Ind., after 11 seasons as a Knights assistant — five on the staff of Kelby Weybright (now Norwell athletic director) then six helping Andy McClain (now head coach at Lawrence Central).
Retired after 35 years of teaching (he last taught sixth grade at Riverview Middle School in Huntington), Goodmiller now works part-time as a maintenance man at Canterbury School in Fort Wayne and has been conducting limited contact practices two times a week for two hours after school at Norwell.
"I've changed things a little bit," says Goodmiller of putting in his own system. "The kids have been very receptive.
"I give the kids a daily plan and they know what to expect at various times."
Goodmiller likes the opportunity to have more access to players, noting that about 10 to 12 attended fall sessions and there were 23 at Wednesday's workout.
"That's been beneficial as a new head coach," says Goodmiller. "The kids have worked very hard."
Goodmiller's Norwell staff features former Norwell and Butler University pitcher Jamie Feldheiser on the varsity with Neil Stinson leading the junior varsity. A search is on for another JV coach.
The Knights program has enjoyed plenty of success, winning 16 sectionals, six regionals, three semistates and three state titles (2003, 2007, 2013). The are currently part of an IHSAA Class 3A sectional grouping with Bellmont, Jay County, Heritage, Marion and Mississinewa.
Norwell (enrollment around 815) is a member of the Northeast Eight Conference (with Bellmont, Columbia City, DeKalb, East Noble, Huntington North, Leo and New Haven). Each team plays each other once to determine the conference champion.
The Knights have produced several college and professional players. Josh VanMeter, a 2013 graduate, was recently invited to major league spring training camp with the Cincinnati Reds.
The Dave and Cheryl (a retired teacher and guidance counselor who worked at Huntington North as well as Crestview and Riverview middle schools), Rhett Goodmiller graduated from Norwell in 2008 and played at Central Michigan University and Taylor University. He coached at Ball State University and other places and now works for Grand Park, Bullpen Tournaments and Prep Baseball Report Indiana.
The summer of 2008 saw son Rhett as a player and father Dave as a coach in the Indiana High School Baseball Coaches Association North/South All-Star Series.
Garrison Brege, a current Norwell senior, has signed with the Indiana University-Kokomo.
Why the Norwell success?
"It comes from the parents and community," says Goodmiller. "They're very supportive. We have good kids who are competitive. They work hard and are coachable.
"There are good feeder programs and kids are involved in a a lot of sports. They get along and work together. I feel like I've developed a lot of friends with the players and parents along the way."
Prior to Norwell, Goodmiller was an assistant to Kyle Gould at Taylor University.
"He is innovative," says Goodmiller of Gould. "He also brought in local coaches with a wealth of knowledge like Rick Atkinson (an IHSBCA Hall of Famer) and Larry Winterholter. "He lives the values of Taylor University. He has built good relationships with his players. He challenges them.
"He's very detailed with scouting reports and knowing the opponents. He has ready for each series. He had a good grasp on the entire roster. He is well-rounded in all phases of the game."
Before Taylor, Goodmiller aided former college teammate and IHSBCA Hall of Famer Mike Frame at Huntington University.
"He's just a tireless worker and recruiter," says Goodmiller of Frame. "He's a loyal friend. I enjoyed working with him.
"He was very fair and dedicated to his program and the school. He's a good Christian man."
Goodmiller spent a decade as an assistant at Huntington North High School — the first five as junior varsity coach and the last five as varsity assistant and all on the staff of IHSBCA Hall of Famer Don Sherman.
"He had enthusiasm for the game and the kids," says Goodmiller of Sherman. "Those first five years, we practiced separately once we got outside. "I was learning on the fly as a new coach. It was good for my individual experience."
"I went to college to be an elementary teacher," says Goodmiller. "I had not given any thought to being a baseball coach."
He loved the game. He played a decade or more in Fort Wayne's Stan Musial League after college.
After he was asked to give coaching a try, the son of two educators (the late Leon Goodmiller was a high school math teacher, coach and athletic director who started at Lancaster High School and finished at Huntington North while the late Marvel Goodmiller taught kindergarten and first grade at Northwest Elementary in Huntington) was hooked.
For several summers in the 1990's, Goodmiller coached with IHSBCA Hall of Famer Colin Lister and the Dox in the Fort Wayne-based Connie Mack League. He had played for Lister's Fort Wayne Komets while in high school at Huntington North.
Goodmiller graduated from Huntington North in 1977 and Huntington College (now Huntington University) in 1981.
His coach with the Huntington North Vikings was Roger Howe.
"I really enjoy him," says Goodmiller of Howe. "He was demanding but fair to everybody. He taught the game well."
Goodmiller pitched 38 consecutive scoreless innings during the 1977 season and was an IHSBCA All-Star.
As a Huntington Forester, he was guided by Jim Wilson.
"He was very organized and a good people person," says Goodmiller of Wilson. "He really built a solid program."
Wilson took teams to the NAIA district playoffs and had three players sign to play professional baseball — Doug Neuenschwander, Mark Parker and Terry Zorger.
Dave Goodmiller is the head baseball coach at Norwell High School in Ossian, Ind. The 2019 season is his first in the post after 11 seasons as a Knights assistant. He has coached at Huntington North High School, Huntington University, Taylor University and with Dox of Fort Wayne's Connie Mack League.
Andy McClainBall State UniversityBellmontBullpen TournamentsButler UniversityCanterburyCentral Michigan UniversityCincinnati RedsColin ListerColumbia CityConnie Mack LeagueCrestview Middle SchoolDave GoodmillerDeKalbDon ShermanDoug NeuenschwanderDOXEast NobleFort Wayne KometsGarrison BregeGrand ParkHeritageHuntingtonHuntington CollegeHuntington NorthHuntington UniversityIHSBCA Hall of FameIHSBCA North/South All-Star SeriesIndiana High School Baseball Coaches AssociationIndiana University KokomoJamie FeldheiserJarrod ParkerJay CountyJim WilsonJosh VanMeterKelby WeybrightKyle GouldLarry WinterholterLawrence CentralLeoLeon GoodmillerMarionMark ParkerMarvel GoodmillerMike FrameMississinewaNeil StinsonNew HavenNortheast Eight ConferenceNorthwest ElementaryNorwellPrep Baseball Report IndianaRhett GoodmillerRick AtkinsonRiverview Middle SchoolRoger HoweStan Musial LeagueTaylor UniversityTerry Zorger
Success follows Eastside's Willard from softball to baseball diamonds
June 1, 2018 stvkrh905	2 Comments
Aaron Willard enjoyed plenty of success in his time as head softball coach at Eastside High School in Butler, Ind.
In 23 seasons, he Blazers softballers won 13 sectional titles (three in the IHSAA single-class era and five each in Class 1A and 2A).
When Jason Pierce left the head baseball post at Eastside and Aaron's oldest son, Cade Willard, was a junior, he decided to take over the program.
In his second season (2017), the Blazers won the 2A Westview Sectional. Eastside did it again in 2018, besting Westview in the title game and earning a berth in the 2A Whiting Regional.
The Blazers (18-8) face Boone Grove in the second semifinal around noon CST (Hammond Bishop Noll plays South Adams at 10 a.m. CST) at Oil City Stadium. The championship is slated for 6 p.m. CST.
"Last year, we were built around pitching," says Willard, who sent right-handers Cade Willard (redshirt at Fort Wayne), Conner Dove (Trine University), Jackson White (Franklin College) and middle infielder/closer Zach Orn (Ivy Tech Northeast) on to college baseball. They were among nine seniors. "A lot of those guys had played a lot of baseball."
This year, the Blazers are not as experienced on the mound but have gotten the job done.
The staff is led by senior Chris Ballentine and also features juniors McGuire Jacobs, Nick Shewman, Chase Franz and Joe White and freshman Wade Miller. All but lefty Miller, who plays center field, are right-handers.
White is the team's No. 1 catcher and joins Ballentine and Franz among Eastside's most-productive hitters. The squad's only other senior is first baseman Riley Thompson.
"Our guys have done a great job on the mound," says Willard. "We've been solid defensively for the most part. The top of our order has been pretty good and we've now got some guys hitting in the bottom part."
Eastside is a member of the Northeast Corner Conference. The NECC was led in 2018 by Angola (9-2) and Lakeland (9-2), followed by Fairfield (8-3), Westview (7-4), Eastside (7-4), Garrett (6-5), Fremont (5-6), Churubusco (5-6), West Noble (4-7), Prairie Heights (3-8), Central Noble (3-8) and Hamilton (0-11).
Willard's assistant coaches are Tony Emenhiser, Garth Fiedler, John Gravante and Bryce Yoder.
The Blazers play their home games on-campus. The field has a wooden outfield fence and a few years ago, a net backstop was installed for clearer viewing by spectators.
A 1984 Eastside graduate, Willard went on to play baseball for four seasons at Huntington College (now Huntington University). His freshmen year was also the first in charge for head coach Mike Frame.
After receiving a physical education degree in 1989, Willard returned to Eastside and began teaching. He became athletic director and assistant principal in 1999 — positions he has held ever since.
Aaron and Terri Willard have three children — Madison, Cade and Owen. Madison Willard graduated this spring from Ball State University and is to marry Dalton Shetler in June. Owen Willard is an eighth grader.
Eastside celebrates its second straight IHSAA Class 2A Westview Sectional baseball championship in 2018. Assistant coach Tony Emenhiser, seniors Caleb Ballentine and Riley Thompson and head coach Aaron Willard pose with the trophy.
Eastside High School head baseball coach Aaron Willard (25) gets the bucket treatment from his team after they won the 2018 IHSAA Class 2A Westview Sectional.
The Eastside High School Blazers hoist the 2018 IHSAA Class 2A Westview Sectional baseball trophy as head coach Aaron Willard (right) takes in the moment.
Aaron WillardAngolaBoone GroveBryce YoderCade WillardCentral NobleChase FranzChris BallentineChurubuscoConner DroveDalton ShetlerEastsideFairfieldFranklin CollegeFremontGarrettGarth FiedlerHamiltonHammond Bishop NollHuntington CollegeHuntington UniversityIPFWIvy Tech NortheastJackson WhiteJoe WhiteJohn GravanteLakelandMadison WillardMcGuire JacobsMike FrameNick ShewmanNortheast Corner ConferenceOwen WillardPrairie HeightsRiley ThompsonSectional championsSoftballSouth AdamsTerri WillardTony EmenhiserTrine UniversityWade MillerWest NobleWestviewZach Orn
Time away from baseball coaching changes Adams Central's Neuenschwander
November 29, 2017 stvkrh905	7 Comments
Dave Neuenschwander pushed the pause button on his high school baseball coaching career.
While away from the diamond, he gained a different perspective and came back refreshed with a changed outlook.
Neuenschwander, who has also a football assistant for 22 years, led the Adams Central Flying Jets baseball program from 1991-98 then took 1999 through 2002 off. During that time, he read a book by Tony Dungy — "Quiet Strength."
"It was very positive for me and my coaching," says Neuenschwander, who altered his style when he returned to the dugout at the school in Monroe, Ind., in 2003. "I've learned to enjoy it more and more. I don't take the winning and losing as personal as I used to. I used to be a screamer and yeller. But there's other ways of doing this. I have more of a relationship with my players. It doesn't mean I can't push them when they'e not putting out."
Neuenschwander, who has been teaching for 27 years, has come to really appreciate the relationships with current players and those that have graduated and gone on to make their way in the world as husbands and fathers.
"We can fellowship," says Neuenschwander. "I know that each player is different. Each player's home life is different. Their expectations are different."
If they are on the team long enough, youth athletes are also bound to change during their careers.
Take the case of Dalton Combs (Class of 2013), who is now an outfielder in the San Francisco Giants organization after a standout career at Huntington University.
"(Combs) was part of one of most successful senior classes here," says Neuenschander of a 2013 AC club that won 26 games and lost to Northfield in the IHSAA Class 2A Kokomo Semistate. "He started as freshman. He matured physically, mentally and athletically in four years."
Five of AC's eight sectional titles have come on Neuenschwander's watch — the latest in 2016.
The coach has also come to embrace that no two teams are the same.
"The beauty of coaching high school baseball, each year is a new puzzle and it's my job to put that puzzle together," says Neuenschwander. "That's what keeps me going."
Neuenschwander is grateful that he got to play baseball for two Indiana High School Baseball Coaches Association Hall of Famers — Dean Stahly at South Adams High School and Mike Frame at Huntington College (now Huntington University). Dave graduated high school in 1983 and college in 1987.
"He was there a long time," says Neuenschwander of former Starfires coach Stahly. "He loved the game of baseball. He taught me how to throw a curveball and still use his old-fashioned drills when I want to teach the curve."
Neuenschwander was a junior on the 1982 South Adams team that lost to Roncalli in the semifinals of the single-class State Finals. Mike Dull was on that '82 team and went on to play at the University of South Alabama where he was a roommate of Luis Gonzalez, the man who drove in the winning run in the 2001 World Series.
Many lessons were learned in four seasons the Frame-led Foresters.
"He taught us about discipline," says Neuenschwander. "Becoming a teacher in general, I was given the fundamentals. There was also integrity. Mike's a man of faith and his integrity was well taught to us.
"He's a good friend."
Tom Roy, founder Unlimited Potential Inc., and is now an assistant coach and chaplain at Grace College was a Frame assistant when Neuenschwander's time at Huntington.
Neuenschwander has sent Combs and others to play for Frame and currently has a couple players on college rosters — Conner Lengerich at Spring Arbor University and Andrew Hammond at Indiana Tech.
"At a small school (enrollment under 400), we have to be really proactive in letting schools know if our kids are interested," says Neuenschwander. "I see it as a major part of my job. It's something I want to do. If a student-athlete wants to go to college, I will assist in any way I can. I will show them how to get on-line and do things."
AC players attend showcases in order to be seen by college coaches. Younger players in the area play travel baseball for the Bluffton Bandits while others have gone to the Summit City Sluggers and Berne Bears among others.
The three-sport athlete is alive and well at Adams Central.
"We encourage them to do everything," says Neuenschwander. "One of the biggest challenge high school baseball players have is that they've been on the go all year and the seniors getting ready to graduate and ready for school to end. Some kids need to get jobs to pay for college so we have to be flexible with practices during the state tournament."
Being married to an educator has also helped Neuenschwander. Wife Christy teaches third grade at Salamonie School in Huntington County.
"She is definitely a coach's wife," says Dave. "She's very supportive in what I do. She is very level-headed. We weigh out issues and work through them."
The couple have a married daughter (Whitney teaches at Speedway) and son in eighth grade (Nick).
The Jets are members of the Allen County Athletic Conference (along with Bluffton, Heritage, Jay County, South Adams, Southern Wells and Woodlan).
"It's pretty competitive," says Neuenschwander of the ACAC. "Schools are fairly close to each other. We know the players and coaches very well."
Neuenschwander was a teammate of current Jay County head baseball coach Lea Selvey back in the early 1980's with the Portland Rockets.
Winter workouts are starting with about 10 players participating and the others in a winter sport. Neuenschwander's assistants are Josh Foster (varsity) and Joel Reinhard (junior varsity). Fall open fields were run by Reinhard with Neuenschwander coaching football. Other volunteers are expected to help the Jets on the diamond in the spring.
In 2017, the IHSAA adopted pitch count rules (1 to 35 pitches requires 0 days rest; 36 to 60 requires 1 day; 61 to 80 requires 2 days; 81 to 100 requires 3 days; and 101 to 120 requires 4 days).
"It didn't bother me at all," says Neuenschwander. "It really makes the game a little more strategic in a sense."
He and his assistants had to really plan when they would use a pitcher and for how long.
"You need to develop more pitchers — not just throwers," says Neuenschwander. "At the JV level, it's really positive. There are more opportunities for players to play."
JV limits are tighter than varsity and there has been discussions about making it the same as varsity.
We're still here to protect you because you are a child," says Neuenschwander. "Some summer coaches may not protect them as much as they should so they put it in the hands of the educators. It became the coach's responsibility to document (pitcher use). I become liable if he didn't have the proper rest."
Dave is the youngest of six children born to Delmar and Dessi Neuenschwander. His father was a butcher. Berne Locker Meats has been in the family for about 70 years.
Brothers Don and Doug also played at Huntington. Doug went on to pitch at Triple-A in the Cincinnati Reds and Pittsburgh Pirates systems. The three girls are Dana, Danita Jo and Dian. Doug and Dana are both in the Huntington University Athletics Hall of Fame.
Dave Neuenschwander is the long-time baseball coach at Adams Central High School in Monroe, Ind.
Adams CentralAllen County Athletic ConferenceBerne BearsBerne Locker MeatsBlufftonBluffton BanditsChristy NeuenschwanderCincinnati RedsConner LengerichDalton CombsDana NeuenschwanderDanita Jo NeuenschwanderDave NeuenschwanderDean StahlyDelmar NeuenschwanderDessi NeuenschwanderDian NeuenschwanderDon NeuenschwanderDoug NeuenschwanderFlying JetsForestersGrace CollegeHeritageHuntington CollegeHuntington UniversityHuntington University Athletics Hall of FameIHSAAIHSBCAIHSBCA Hall of FameIndiana TechJay CountyJoel ReinhardJosh FosterKokomo SemistateLea SelveyLuis GonzalezMike DullMike FrameNick NeuenschwanderNorthfieldPitch Count RulePittsburgh PiratesPortland RocketsQuiet StrengthRoncalliSalamonie SchoolSan Francisco GiantsSectional championsSouth AdamsSouthern WellsSpring Arbor UniversitySummit City SluggersTom RoyTony DungyUniversity of South AlabamaUnlimited Potential Inc.Whitney NeuenschwanderWoodlanWorld Series
Well-traveled Roy returning to Grace staff as chaplain, coach
Tom Roy did not get to play baseball for as long as he wanted.
But he's OK with that because by using faith as a fastener, the former pitcher has attached himself to the game all over the globe and his base of operations has been northern Indiana.
"It's a God thing," says Roy. "It's not about me."
Roy, who founded Unlimited Potential, Inc. — an organization that ministers to baseball programs around the world serving Christ through baseball — in Winona Lake in 1980.
An autobiography — "Released" — tells about how he eventually started UPI after a career-ending injury. He was signed by the San Francisco Giants as a pitcher at 17.
Fast forward decades and Roy can say he has taught and coached baseball in 67 countries.
"I'm the father of baseball in Uganda," says Roy, who introduced the sport to a nation who had been playing the bat-and-ball sport of cricket. As part of the lessons, there was prayer, Bible study and baseball instruction. That's still the way some there still do it.
"That is baseball to them," says Roy. "It's part of the baseball culture."
Roy returns to the baseball coaching staff at Grace College (also in Kosciusko town next to Warsaw) as both assistant coach and team chaplain for head coach Cam Screeton's team in 2017-18. Roy worked as Lancers pitching coach 1970-73 (earning a bachelor's degree at Grace in 1974), head coach 1980-83 and was an assistant in 2015.
Roy remembers that spring that at almost every stop around the Crossroads League, he was greeted by hugs from opposing coaches.
"Our players wondered why we were hugging the other team," says Roy. "I was back, coaching against friends."
He served as head baseball coach and assistant football coach to Charlie Smith when Tippecanoe Valley High School opened it doors in 1974-75 and has the distinction of leading sectional winners — the first in any sport in school history — that first spring in baseball (1975).
The ace of the Vikings pitching staff was left-hander Keith Hardesty. The team also featured Chris Smalley and Doug Miller.
Roy was an associate scout for the Philadelphia Phillies from 1976-79, pitching coach at Huntington College (now Huntington University) 1987-89 and was an associate international scout for the Atlanta Braves from 1993-99 and for the San Diego Padres from 2000-05.
In his connection with the Seattle Mariners, Roy gained a large audience and began working with Harold Reynolds, Dave Valle, Alvin Davis and others. He took Reynolds on a missionary trip to Thailand and the others on similar trips.
Through the game and sharing of faith, trust relationships were developed and he was introduced to many current players.
"One of the biggest issues for these guys is trust," says Roy of major league players who have people constantly approaching them. "They would ask me, 'why do you want to be a my friend?'
"The answer: Jesus."
Through Sam Bender, Roy began to speak to home and visiting teams around the Midwest.
"I got to know hundreds of players because of Baseball Chapel," says Roy, who worked with current BC president Vince Nauss and former president Dave Swanson. He also received encouragement from Jack King of Athletes In Action.
Roy became chaplain for the Chicago White Sox organization when Jerry Manuel was manager. He stayed in touch with chaplains for all the White Sox affiliates and filed reports.
"I've had all these pivotal moments in my life," says Roy. "It's fun when you finally let go."
By building relationships, Roy has been able to build a library of instructional videos for coaches and players at http://www.upi.org featuring MLB pitcher Clayton Kershaw, Ian Kennedy and Luke Hochevar.
While coach at Huntington, Roy helped then-head coach Jim Wilson build Forest Glen Park, helped send hurlers Tim Dell, Jim Lawson, Doug Neuenschwander and Mark Parker into professional baseball and recruited Mike Frame, who is heading into his 34th season as HU's head coach in 2018.
It was also while at Huntington that Roy got a chance to meet his baseball hero — Hank Aaron. Hammerin' Hank accepted an invitation to speak at a preseason event and the two got a chance to talk about the game and faith during their drive from the airport.
Roy served 27 years in that role at the National Christian College Athletic Association World Series. Since 1990, the UPI-sponsored Hank Burbridge Award honors the NCCAA's Outstanding Christian Baseball Player of the Year with potential to Christian service through baseball. The award is named for the long-time baseball coach at Spring Arbor (Mich.) University.
Roy hails from Grafton, Wis. When his playing career to an abrupt halt and he found himself looking for another career, he decided to go into radio. He sent his resumes to other Graftons in the U.S. and wound up at a station in West Virginia — WVVW.
It was also in Wisconsin that he met the woman he would married. Tom and Carin were wed in 1970 and soon found themselves moving to the Hoosier State, where they would welcome two daughters — Amy in 1975 and Lindsay in 1979.
At 6-foot-5, Roy was a strong basketball player and it was through the hardwood that he met a Grace Brethren pastor that suggested he go to Indiana to study and play basketball at Grace.
"It was the spiritual that brought me here," says Roy. The couple became engaged when Carin visited Tom in West Virginia. They were wed in 1970 and soon found themselves moving to Winona Lake. He became a full-time student with several part-time jobs and she worked full-time.
In his basketball tryout at Grace, he went against Jim Kessler (who is now in his 36th season as Lancers head men's basketball coach).
Roy was going to be offered a place on the squad when it was learned that he had played some minor league baseball. At the time, NAIA rules did not allow for someone to be a pro in one sport and an amateur in another so he became as assistant coach in basketball and baseball.
Before UPI got off the ground, Tom and Carin welcomed two daughters — Amy in 1975 and Lindsay in 1979.
The only UPI staff member for the first few years, Tom went full-time with the organization in 1983. At first, he made connections in the U.S., and then went international. As a part of the admissions office at Grace, he was in charge of international students and had a stipend for international recruiting.
Besides founder Roy, the UPI team now features former pro players in executive director Mickey Weston (current White Sox chaplain) as well as Brian Hommel (Arizona Diamondbacks chaplain), Tony Graffanino (White Sox spring training and Arizona League affiliate chaplain), Terry Evans (Braves chaplain) and Simon Goehring (missions coordinator based in Germany).
Bryan Hickerson made his MLB debut in 1991 and pitched for Giants, Chicago Cubs and Colorado Rockies. He began attending UPI Bible studies in 1997 and in 1999 moved to Warsaw and joined the UPI lineup. He was able to forge relationships with both baseball players and military around the world. He moved from there to a minor league pitching coach in the Pittsburgh Pirates organization.
Tom Roy and Jerry Price have co-authored "Beyond Betrayal" as well as three volumes in the Chadwick Bay Series — "Sandusky Bay," "Ellison Bay" and "Lake of Bays." The last three are novels on manhood.
"Our model of manhood is Jesus," says Roy.
Tom Roy, a former minor league pitcher and founder of Unlimited Potential, Inc., has returned to the baseball staff at Grace College in Winona Lake as team chaplain and assistant coach.
Alvin DavisAmy RoyArizona DiamondbacksArizona LeagueAthletes In ActionAtlanta BravesAuthorBaseball ChapelBeyond BetrayalBrian HommelBryan HickersonCam ScreetonCarin RoyChadwick Bay SeriesCharlie SmithChicago CubsChicago White SoxChristClayton KershawColorado RockiesCrossroads LeagueDave SwansonDave ValleDoug NeuenschwanderEllison BayFaithForest Glen ParkGermanyGrace CollegeGraftonHank AaronHank Burbridge AwardHarold ReynoldsHuntington CollegeHuntington UniversityIan KennedyJack KingJerry ManuelJesusJim KesslerJim LawsonJim WilsonLake of BaysLindsay RoyLuke HochevarMark ParkerMickey WestonMike FrameMissionaryNational Christian College Athletic AssociationPhiladelphia PhilliesPittsburgh PiratesReleasedSam BenderSan Diego PadresSan Francisco GiantsSandusky BaySeattle MarinersSimon GoehringSpring ArborTerry EvansThailandTim DellTippecanoe Valley High SchoolTom RoyTony GraffaninoUgandaUnlimited Potential Inc.Vince NaussWinona Lake


text:
using Lidgren.Network;
using LmpCommon.Message.Base;
using LmpCommon.Message.Types;
using System;

namespace LmpCommon.Message.Data.Admin
{
    public abstract class AdminBaseMsgData : MessageData
    {
        /// <inheritdoc />
        internal AdminBaseMsgData() { }
        public override ushort SubType => (ushort)(int)AdminMessageType;
        public virtual AdminMessageType AdminMessageType => throw new NotImplementedException();

        public string AdminPassword;

        internal override void InternalSerialize(NetOutgoingMessage lidgrenMsg)
        {
            lidgrenMsg.Write(AdminPassword);
        }

        internal override void InternalDeserialize(NetIncomingMessage lidgrenMsg)
        {
            AdminPassword = lidgrenMsg.ReadString();
        }

        internal override int InternalGetMessageSize()
        {
            return AdminPassword.GetByteCount();
        }
    }
}

redpajama_set_name: RedPajamaGithub


WILSON, N.C. – Barton College is pleased to announce Susan Maxwell Bane, M.D., Ph.D., as the featured speaker for the 108th Opening Convocation. The annual campus event is scheduled for Tuesday, Sept. 1 at 11 a.m. in Howard Chapel.
Dr. Bane practices Obstetrics and Gynecology at Greenville Obstetrics and Gynecology, a Division of Physicians East, in Greenville, North Carolina.
In addition to her medical practice, Dr. Bane serves as a clinical professor at the Brody School of Medicine at East Carolina University, where she teaches medical students and undergraduate students. She also serves as an adjunct professor in the Department of Exercise and Sports Science at ECU.
A native of Currituck County, Dr. Bane graduated in 1987 from Barton College (then Atlantic Christian College) with a Bachelor of Science degree in Chemistry. Continuing her academic studies, she completed a Master of Science degree and a Ph.D. in Kinesiology from the University of Illinois in1989 and 1995, respectively. Dr. Bane earned her medical degree from the University of Illinois in 1997, and she completed her residency in Obstetrics and Gynecology at the Brody School of Medicine at East Carolina University in 2001.
Dr. Bane is the daughter of Mary Ellen and Bob Maxwell of Currituck County. She and her husband Art, also a 1987 Barton alumnus, make their home in Greenville with their two sons: Archer (17), and Maxwell (6), and their daughter Riley (13).


My dear friends on diets or watching gluten… please dont hate me for this one.
I Love the smell of warm cinnamon bread in the house. My secret to adding this recipe in my simple/easy file is my bread machine. Making the dough in the bread machine takes the mess, sweat and time off your hands.
Pour in three and 1/2 cup bread flour ontop of melted yeast.
Small sauce pan 1/2 cup milk and 1/3rd cup butter – melt together add 1 tsp salt 1/2 cup sugar melt together. Take off heat.
Make a well in flour and pour warm mixture in well.
Set bread machine to dough setting. (1.5 hour setting) walk away.
rolled dough paint with half butter and sprinkle with half cinnimon sugar.
Roll dough pinching end and slice into 12-14 eaqusl slices.
Baking pan cover bottom with butter and sugar mixture. Assemble buns close in pan. Allow to rise another thirty minutes.
Bake at 350 degrees 25-30 min until golden brown.
Previous postEasy roasted acorn squash- taste of fall.


text:
Message from the President Keith Toms
Here Comes the Unified Patent Court and Unitary Patent
Writing Competition 1st Place: Copyright and Typography: Separating Typography from its Past
Writing Competition 2nd Place: Deepfakes are Taking Over Social Media: Can the Law Keep Up?
Ornamentality: When Eye-Catching Isn't Distinctive
Deferred Subject Matter Eligibility Response (DSMER) Pilot Program Is Now Open
Brazilian Pharmaceutical Patents: The End of ANVISA'S Controversial Prior Consent
"What, me worry?" - How Lawyers can successfully navigate the uncertainty of waiting
Volunteer as a committee co-chair in 2022
By JC Zwisler, Matthew Brekus and Brian Michaelis, Seyfarth Shaw
Picture this, you've created a unique word, phrase, or design for identifying your business and its products or services. It's eye-catching, memorable, and most of all, yours. You prepare an application to register your mark with the United States Patent and Trademark Office ("USPTO"). Shortly thereafter, you receive a letter. An Examining Attorney reviewed your mark and … found it to be merely decorative. Your application has been rejected on the basis of ornamentality. This article sets out to help guide an applicant or their agent in ways that may overcome an ornamentality refusal, or prevent such a refusal being raised in the first place.
A trademark is a source-identifying word, phrase, or design intended to link in the minds of consumers a product or service to its source. A trademark must be more than only original or aesthetically pleasing. In other words, a trademark must be more than merely ornamental to be registered.
In applying for a trademark registration with the USPTO, an Examining Attorney reviews the application to ensure the applied-for-mark will identify the source of the goods or services listed in the application and is not confusingly similar with another registered mark. In other words, the Examining Attorney wants to ensure the applied-for-mark will link a product or service to your business or brand and consumers will not confuse your mark with another pre-existing applied-for or registered mark.
The USPTO has been rejecting more and more applications on the basis of ornamentality. See Jeffrey Turben, Failure to Function: Ornamental Refusals, Alt Legal (May 26, 2021), https://blog.altlegal.com/alt-legal-ip-docketing-blog/failure-to-function-ornamental-refusals (describing the USPTO as issuing upwards of 50 ornamental refusals in a single day).
In order to ensure you have the greatest chance at registering your applied-for-mark, or overcoming an ornamentality refusal, we have set out ways to overcome this refusal.
First, it is important to consider how a mark can be registered. The USPTO reviews applications to determine the distinctiveness of each mark and categorizes them as either: (1) generic, e.g. DIET CHOCOLATE FUDGE SODA for a low calorie beverage; (2) descriptive, e.g. SECURITY CENTER for a security service; (3) suggestive, e.g. COPPERTONE for sunscreen; or (4) arbitrary or fanciful, e.g. KODAK for cameras. See A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198, 221 (3d Cir. 2000) (citing Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768, 112 S. Ct. 2753 (1992)). Generic marks can never be registered. Descriptive marks may be registered in some instances, while inherently distinctive marks, i.e. arbitrary or fanciful marks, will not be barred from registration on distinctiveness grounds.
If an applied-for-mark is considered inherently distinctive, it may be registered on the Principal Register. The Principal Register provides "all the rights provided by the [Trademark] Act." See TMEP § 801.02(a); see also 15 U.S.C. §§ 1051-72 (listing rights provided by a registration on the Principal Register).
If a mark is not inherently distinctive, it can be registered on the Supplemental Register until distinctiveness is achieved. Acquired distinctiveness is, to summarize an otherwise lengthy legal analysis, the familiarity of consumers with a mark and their ability to associate it with your goods or services after time and use in the market. The Supplemental Register is a listing of designations, such as descriptive words, that are capable of eventually becoming a trademark through acquired distinctiveness.
A registration on the Supplemental Register excludes a mark from certain advantages until it obtains a place on the Principal Register. A registration on the Supplemental Register does allow for use of the ® symbol, and can be cited against future applications for confusingly similar marks owned by third parties. See 15 U.S.C. §§1091-96 (listing rights provided by a registration on the Supplemental Register). A registration on the Supplemental Register can also be relied on as the basis for a claim, e.g., of infringement, in federal court.
If a mark is purely ornamental, it will not be registered on the Principal Register. See 15 U.S.C. §§ 1051-52, 1127. When developing your trademark and branding, care should be taken that the applied-for-mark does have the ability to, at least after time in the market, link a product or service to your brand. Many applied-for-marks, in our experience, enjoy this ability but some applications require more finesse to mature to registration.
Now that we have this framework in mind, what are the paths to overcoming an ornamentality refusal?
Ways to argue that the applied-for-mark is inherently distinctive may be based on: (1) the commercial impression of the mark, or how consumers would interpret the meaning of the applied-for-mark; (2) the relevant practices of the trade in which the applied-for-mark is or will be used; (3) evidence that consumers recognize the applied-for-mark as a source indicator, such as ownership of a registration on the Principal Register for, or use of, the same mark for other goods or services; and (4) evidence of distinctiveness such as long term continuous use, consumer surveys, and statements from industry professionals.
Preparing arguments and gathering evidence supporting that a mark is inherently distinctive may be time consuming and costly. An alternative, cost-effective and efficient method to overcome an ornamentality refusal may be to submit alternate evidence of the mark's use, which is referred to as a substitute specimen. A "specimen" is a document showing use of the applied-for-mark in commerce, e.g. a photograph of clothing bearing the mark or a product listing in a catalog where consumers may order goods.
Selective choice of a specimen can save a lot of trouble and headache at the USPTO. For example, a shirt with a word or logo emblazoned across the front may be viewed by consumers, and perhaps more importantly, the Examining Attorney, as a mere design as opposed to a trademark. A specimen featuring such use is likely to receive an ornamentality refusal. See In re Lululemon Athletica Canada Inc., 105 U.S.P.Q.2d 1684, 1689 (T.T.A.B. 2013).
Although the USPTO recognizes that size cannot be the only consideration in determining how consumers would perceive a trademark, it does consider size, placement, and location when assessing the ornamentality of a mark. Id. at 1689. The USPTO has repeatedly determined that consumers would recognize a small word or design on the tag of clothing or on a breast pocket as a trademark as opposed to a design stretching across the front of a shirt. See, e.g., id. You may be able to overcome an ornamentality refusal by submitting a substitute specimen featuring use of the applied-for-mark in a manner that the USPTO views as use as a trademark.
A substitute specimen may not be available if, for example, you have already placed an order for goods with the applied-for-mark used as what the USPTO has rejected as ornamental. It may be worthwhile to adjust the use of your applied-for-mark on the next batch of products so that it is used in a way more likely to be viewed as a trademark, e.g., put the mark on a label or the interior of a garment in addition (or as an alternative to) the logo emblazoned across the front.
Alternatively, use of the applied-for-mark in connection with your goods on a website store page with the option to purchase goods may be acceptable as a specimen. An image of the goods with the applied-for-mark, an option to purchase the goods, the full domain URL the listing is located at, and the first date the goods were available are necessary for an acceptable specimen.
If none of these substitute specimen options are practicable, you may decide to amend your application for registration on the Supplemental Register. The Supplemental Register has a lower barrier to entry and may provide a federal registration while the mark acquires distinctiveness in the market. It is important to note that a registration on the Supplemental Register does not automatically move to the Principal Register. A new application with evidence of the applied-for-mark's acquired distinctiveness is required to obtain registration on the Principal Register.
Evidence that the applied-for-mark has acquired distinctiveness may be submitted under Section 2(f) of the Trademark Act. See 15 U.S.C. § 1052(f). Evidence such as long-term exclusive use in commerce, advertising and sales figures, surveys showing consumer recognition, and dealer or consumer statements are examples of how a trademark owner may establish a mark has acquired distinctiveness. However, the less distinctive a mark is, the more evidence you will need to establish acquired distinctiveness. See In re La. Fish Fry Prods., Ltd., 797 F.3d 1332, 1336 (Fed. Cir. 2015) (evidence of decades of use and two declarations from industry professionals was insufficient to establish that the mark FISH FRY for sauces and seasonings had acquired distinctiveness.)
Another means to overcome an ornamentality refusal is to submit evidence that consumers would recognize a mark as a "secondary source" of goods, i.e. the owner of the mark and not the manufacturer of the goods. In Disorderly Kids, LLC. v. Roman Atwood, Disorderly Kids, LLC sought to cancel Roman Atwood's registration for the mark SMILE MORE for various goods including pens, stickers, and clothing. Cancellation No. 92062027 (T.T.A.B. Nov. 20, 2018). The Trademark Trial and Appeal Board ("TTAB") determined that Atwood's specimens of use in the underlying application displayed the mark in an ornamental fashion. However, the TTAB held that the SMILE MORE mark "conveys to the public a secondary source" namely Atwood's YouTube channel and associated content "and is registrable on the Principal Register." Id at 19. The TTAB pointed to In re Paramount Pictures Corp. wherein it previously held that when an ornamental mark performs the primary function of indicating the secondary source rather than the manufacturer, the mark is registrable on the Principal Register. 213 USPQ 1111 (T.T.A.B. 1982) (the TTAB held that consumers would recognize the MORK & MINDY mark as a secondary source of stickers as a result of use in connection with a television series.)
Examples of evidence that a mark would be viewed as a secondary source include: (1) ownership of a registration for the same mark on the Principal Register for different goods or services; (2) non-ornamental use of the mark in commerce on other goods or services; and (3) ownership of a pending use-based application for the same mark, used in a non-ornamental manner, for other goods and services. The prior use evidence must be exactly the same mark. Using a different mark will not overcome the refusal. See In re Lululemon, 105 U.S.P.Q.2d at 1690-91 (Applicant's submission of prior use evidence of its wave design mark that varied in line thickness and use with other shapes was rejected as not being the same as the applied-for-mark in the application at issue.)
An application based on current use, i.e. the mark has already been used in commerce, may be amended to an intent-to-use basis, i.e. future use, in order to overcome an ornamentality refusal and provide an owner time to procure a substitute specimen or evidence of acquired distinctiveness. An intent-to-use based application may provide up to three years to gather and provide alternate specimens or evidence of use.
If all of the above fail and your application is refused based on ornamentality, the applied-for-mark may still be used in commerce! An inability to federally register your mark based on ornamentality does not prevent you from using your mark and continued use may form the basis for a later application relying on acquired distinctiveness. This may not be true if the refusal is based on a likelihood of confusion, but that is a topic for a different article.
If trademark protection hasn't worked out, alternative forms of protection exist at the federal level, which may be available. Examples include design patents (providing protection for ornamental designs limited to 15 years of protection) or copyright protection depending on the character of your mark.
It is important to seek the advice of counsel in order to determine the appropriate type and scope of protection or registration for any assets. Counsel may work with you to accomplish business goals and obtain registrations for valuable trademarks. In our experience, tailoring a response to an ornamentality refusal requires knowing and understanding a client's story and their envisioned future for their brand. At Seyfarth, we firmly believe businesses of any size, from start-up to Fortune 100, should be able to take advantage of the rights afforded by trademarks and protect the goodwill they've toiled to build in their brand.

redpajama_set_name: RedPajamaCommonCrawl


• Date: Thursday, January 19, 2006, at 2:38 p.m.
Not necessarily. I suppose more a result of today's trends in film music, maturity of his music and developement of his minimalistic approaches to composing these days.
thw - Wednesday, January 18, 2006, at 6:20 a.m.
Tomek - Thursday, January 19, 2006, at 2:38 p.m.


text:
Frankfurt court holds that using a third party's trade mark as Google AdWords is not a violation of German law
Bird & Bird LLP
Germany August 31 2008
The opinion (file number 6 W 17/08) of the Higher Regional Court in Frankfurt, known as the Oberlandesgericht Frankfurt, is shared by other major German Higher Regional Courts (Köln, Düsseldorf and Munich), whereas other Higher Regional Courts (such as of Stuttgart, Dresden and Braunschweig) have a dissenting view.
The claimant owns a trade mark including specific wording. The defendant booked an advertisement via the Google AdWords program. The claimant also specified various keywords close to the claimant's trade mark to link to its advertisement. The defendant opted for Google's "Broad Match" technology. Broad Match is an algorithm displaying advertisements where search terms are close to the keywords booked. The use of the Broad Match technology led to the defendant's advertisement being displayed next to search results where users had typed in wording forming part of the claimant's trade mark. Google displayed the defendant's advertisement on the right side of the page showing the search results, and separated it by a white space and a black line from the search results.
The Oberlandesgericht Frankfurt ruled that the defendant had not violated the claimant's rights. The court did not consider that rights had been infringed even if keywords are specified which include third party trade marks.
The Oberlandesgericht Frankfurt's view was that the user of the Google search engine is familiar with the distinction between search results (displayed at the left hand side of the search results page) and sponsored results (displayed at the right hand side of the search results page). The court held that even directly specifying the claimant's trade mark as a search keyword term would not constitute an unlawful use of the claimant's trade mark. Due to the clear distinction between the search results and advertisements, the advertisements will not be linked by the user to the search term. The court therefore considered that there will be no relevant use of another party's trade mark if it is just used as an AdWord. The court's view was that it is even clearer that using keywords and advertising that were only similar to the claimant's trade mark would not violate the German Act on trade marks.
The Oberlandesgericht Frankfurt also ruled that neither the use of the keywords or advertisement violated the German Act on Unfair Competition. As the advertisement was clearly separated from the claimant's trade mark (or search terms similar to it), the user would not associate the claimant's products or services with the defendant's advertisement.
Bird & Bird LLP - Dr Fabian Niemann and Dr Ulrich Sachs
Contractual term
Gerichtliche Bestellung von Aufsichtsratsmitgliedern: Anfechtung einer Aufsichtsratswahl kein alleiniger Rechtfertigungsgrund *
ICO: Regulation of Types of Token in Germany *
Netflix: Coming Up Next… Emerging competitors and legal implications of the changing TV and film industry *
German taxation of equity incentives *
COVID-19: FAQ zum Umgang mit dem Corona-Virus - was müssen Arbeitgeber beachten? *
A further German chapter to the AdWord saga - the German Federal Supreme Court publishes the grounds to the decision in Bananabay II *
The use of well-known trademarks as AdWords is permissible in principle *
German Federal Supreme Court sends adwords question to the ECJ *
ECJ finds for Google on AdWords but advertisers beware * - European Union
How is your trade mark being used online? Google updates trade mark policy for advertisers * - Australia
Significant policy change to Google's trademark AdWords in Australia * - Australia
Kirsteen Lamont
In House Lawyer
Phones 4u Limited
"I find the Lexology service invaluable.
In common with many in-house lawyers, I have limited access to (and a limited budget for) resources and rely on receiving know-how from friends and contacts in private practice. Lexology is great as it provides a daily email with the headlines in all the areas of law that I am interested in (which are all relevant to me, as I was able to choose which areas I was interested in at registration), with links to articles from a wide variety of sources.
I tend to scroll through the daily email when I am having my lunch, reading the headlines and descriptions of the articles, and click on any items that are of interest to me - that way, I feel like I am kept 'in the loop' with legal developments.
In addition to the daily email, I find the articles themselves very helpful - they set out the legal principle but most importantly, they 'boil it down' to the practical implications. When I am doing legal research, I also find the archive search function very helpful.
I have recommended the service to quite a few friends who have also found it very helpful."


1. The following terms and conditions of business are between Nappy Valley Nannies (the agency) and the employer (the client).
2. All services provided by the agency to the client are subject to these terms and conditions.
3. By interviewing applicants introduced by the agency, the client is deemed to accept these terms and conditions and the agency's scale of charges.
4. The agency's fees are for the services provided by the agency only and do not include any salary due to be paid to an applicant.
5. The client must notify the agency when any offer is made which results in an engagement being accepted. Where an engagement is accepted, the client agrees to pay an introduction fee to the agency based on the agency's scale of charges.
to discuss the client's requirements.
7. All introduction fees become due when an applicant has accepted a post and not at the commencement of employment.
8. If the client or an associate of the client re-engages an applicant for a temporary post within a 12 month period of the initial temporary post coming to an end then a further fee will be charged by the agency.
9. The client undertakes to notify the agency if the applicant for a temporary position remains with the client for a period extending beyond that of the original agreement, when an additional fee is payable to the agency to reflect the extended period of engagement.
10. If the client has to delay the commencement of employment of the applicant (for example in the case of a birth being later than expected) then the client will be liable to pay the applicant the full agreed weekly salary from the agreed date to the actual date of commencement of employment and no refund of the agency fee or any part thereof shall be payable.
(a) If payment is received within 30 days of the invoice date at a rate of 10% calculated from the due date until the date of actual payment.
(b) If payment is received later than 30 days of the invoice date then rate of interest charged by the agency shall increase by a further 10% for each 30 day period that the invoice remains unpaid.
12. Should a client employ a temporary applicant while a permanent applicant is being sought then the client shall pay the relevant temporary fee in accordance with the agency's scale of charges.
13. The client is responsible for providing applicants with full written details of all duties, time off, salary, tax and insurance before the commencement of employment, and for putting in place an appropriate employment contract.
14. It is the responsibility of the client (and not the agency) to ensure that the client complies with its obligations as an employer and to arrange work and other permits wherever needed. The agency accepts no liability if an employee is refused entry or not permitted to remain in a country because the client has failed to arrange a valid work permit. In such cases no refund or replacement will be given.
15. The client will keep all introductions of applicants by the agency and their details confidential and not pass this information on to other potential employers. A sum equivalent to an introduction fee will be charged to the client if this obligation is breached.
16. The agency will attempt to ensure but does not guarantee the suitability of any applicant introduced by the agency. The client should satisfy itself as to the suitability of any applicant and shall be responsible for arranging any medical examination and or investigations into the medical history of the applicant or the applicant's qualifications as may be required. While the agency checks references provided by potential applicants, the client is responsible for taking up any references provided by the applicant or the agency before engaging the applicant.
17. To the extent permitted by law, the agency is not liable under any circumstances for any loss, damage, expense, delay, or compensation, in each case whether direct or indirect or consequential, and arising in any way, connected with the services provided by the agency. The agency is not liable for any act or omission of any applicant introduced by the agency, even if such an act or omission is negligent or fraudulent. The agency is not liable for the failure of the agency to introduce any applicant to the client.
18. Except as referred to in condition 22, no refund will be payable if an applicant's employment with the client comes to an end for any reason, and, to the extent it remains unpaid, the full introduction fee will remain payable to the agency.
19. If the client cancels an engagement before commencement then the full agency fee is payable. If the client cancels within fourteen days of the commencement date then the client shall in addition pay the applicant a cancellation fee of one week's agreed salary for a permanent position or half the agreed weekly salary for the time booked if it was a temporary position.
20. As maternity nurses are self employed any cancellation charges should be discussed and agreed with the applicant and confirmed by both parties in writing.
21. In the event of extenuating circumstances the agency may in its total discretion refund part or all fees payable to the agency.
22. In the event of an applicant failing to commence employment with the client after accepting an offer of employment in writing then the client will receive a full refund (subject to condition 25).
(a) Should a client decide to make other arrangements or request that no replacement be found then no refund will be given.
(b) If the termination is within the first 4 weeks of commencement 50% refund.
(c) If the termination is within 4 – 8 weeks after commencement a free replacement.
The above refunds are applicable subject to condition 26.
24. After the eight week guarantee period has elapsed no refunds or replacements will be given. Where an applicant for a temporary position leaves her employment within the invoiced period, a refund may be available for each complete week not worked, if the agency cannot find a replacement (subject to condition 25).
a) The agency is not informed in writing within seven days of the employment coming to an end.
b) The invoice is not settled in full within fourteen days of the date of invoice.
c) The applicant leaves due to working conditions being contrary to those agreed upon prior to commencement of employment, or due to the mistreatment of the applicant.
d) The client varies the request for replacement from that of the original specification.
e) The applicant left after week eight, including any period of notice worked.
26. The agency has the right to refuse to represent a client at any time.
27. The agency reserves the right to change or add to the above terms and conditions without prior notification.
If the Client is contracting as a consumer, the Client may cancel the Agreement by informing the Agency in writing at any time within fourteen calendar days of the date of the Agreement and before the provision of the relevant Service. The Agency will then confirm the Client's cancellation in writing to the Client. This means that the Agency will not usually begin work on the Client's Services until this period has ended. However, the Client may request that the Agency begin the supply of the Services before the end of the cancellation period by confirming the Instructions by e-mail, which shall be evidence of the Client's request that the Agency begin the supply of the Services before the end of the cancellation period. If the Client does this, the Agency will be able to start the provision of the Services immediately. If subsequently the Client informs the Agency within the fourteen-day cancellation period referred to above that the Client wishes (notwithstanding its earlier request) to cancel the Services the Client may do so but the Agency will be entitled to charge for the work done before the Agency was informed of the Client's decision to cancel.


text:
Article first published as Blu-ray Review: Howl (2010) on Blogcritics.
Based on the events surrounding Allen Ginsberg's 1955 poem Howl, the film of the same name feels both ambitious and slight at the same time. Directed by documentary filmmakers Rob Epstein and Jeffery Friedman, Howl explains with a title card that it's made up entirely of actual words spoken by the real people (interviews, court records, the poem itself), and in some ways, this film is like a documentary because of it.
There are moments where that feels true — notably, in interview scenes where James Franco absolutely nails the essence of Ginsberg — but the film has objectives beyond this authenticity. It all amounts to three different types of films trying to coexist, with variable levels of success. Besides the documentary element, we get animated segments that illustrate the abstractions of Ginsberg's poem and a courtroom drama that details the obscenity charges leveled against publisher Lawrence Ferlinghetti (Andrew Rogers) for printing Howl.
The animated sequences range from ugly to sublime, with hand-drawn animation looking better than some of the crude computer animation that's featured, but even when it doesn't quite work, this is a bold attempt to merge literature and cinema. The courtroom scenes on the other hand often feel perfunctory and are drained of almost any tension. They're not a total waste of time though, as they're populated by a remarkable cast (Jon Hamm as the defense attorney, David Strathairn as the prosecutor, Bob Balaban as the judge, and Jeff Daniels, Mary-Louise Parker and Treat Williams as witnesses).
At 84 minutes, the film feels a little too overstuffed with ideas for its frame. The approach to storytelling befits the nature of the material, but a bolder step toward more visual abstraction and less rote courtroom proceedings might have made Howl even more of a cause to celebrate. As it stands, the film has lots of good ideas, and executes a majority of them well. They don't seem to coalesce into a wholly satisfying work, but that's hardly a reason to steer clear.
Oscilloscope Laboratories presents Howl in 1080p high definition with an aspect ratio of 1.85:1. The presentation handles almost everything quite well, with the black-and-white sequences of Ginsberg reading the poem, the greenish-tinted interview scenes and the golden courtroom palette all looking quite nice. The image is stable and filled with rich detail, and the color saturation is quite pleasing. The animation sequences are more variable, although it's quite likely this has to do with the source material. Some of the shots have a noticeable softness and there are infrequent banding artifacts that stick out when they do crop up. Overall though, this an excellent high-def presentation.
Audio is presented in a 5.1 DTS-HD Master Audio track that is clean and clear and forceful when it needs to be, but potentially has some problems with its levels, as everything outside of the animated scenes seems to be mixed at a slightly lower volume, causing one to keep the remote handy at all times. This persists throughout the film.
A nice collection of extras has been assembled in this release, which is a dual-format two-disc set, with both a Blu-ray and a DVD disc of the film. Most of the special features are included on both discs.
An audio commentary features Epstein, Friedman and Franco, which the three recorded together. A 40-minute making-of features interviews with the directors and much of the principal cast, and covers the origin of the film, its photography and the divergent visual styles, among other topics. Interviews with some of Ginsberg's collaborators that Epstein and Friedman conducted during their research are also included in a separate feature.
An audio-only feature has Franco reading Howl, which he also does in the film, but here you get it without interruption if you please. You can also hear Howl directly from the source in video footage of Ginsberg reading the poem in 1995 at the Knitting Factory in New York.
Features only included on the Blu-ray include two more poems read by Ginsberg — Sunflower Sutra and Pull My Daisy — from that same reading and a Q&A with the directors at the Provincetown Film Festival, moderated by director John Cameron Mitchell.
Howl features an approach to filmmaking that is commendable even if it doesn't always work, and there's plenty to recommend here — not the least of which is Franco's assured performance.
Posted by Dusty at 12:58 AM


The government's $84.7 million cut to the ABC from 2019, which may cost up to 160 jobs at the national broadcaster, stands out in a budget broadly committed to raising spending.
Between the 2017 and 2018 budgets, the government decided to spend an additional $3.6 billion this year and across the forward estimates beyond what it had already committed. This is in addition to its tax changes, and "parameter variations" that automatically shift spending and revenue in the absence of policy changes. According to last year's budget papers, the ABC would have received $880 million in 2019-20 and $902 million in 2020-21. It will now receive $851 million in 2019-20, $849 million in 2020-21 and $855 million in 2021-22. This will make a 0.006% difference to government spending in 2019-20.


PE bag/bubble bag/OPP bag + inner box + outer carton. customized packing is acceptable.
1.What is your terms of payment?
We accept TT, L/C, Escrow, etc, You can choose the one which is the most convenient or cost effective for you.
2.Can I get a sample before mass production?
After confirm the price, you can require sample to check the quality.
3.When we create the artwork, what kind of formate is available for printing?
Please send us vectorgraph including PDF, CDR, AI, PSD, etc.
Resolution: no less than 1500dpi, and the higher, the better.
Honestly, it depends on the order quality and the season you place the order.
The lead time of MOQ is about 10 to 15 days. Generally seaking, we suggest that you start inquiry two months before the date you would like to get the products at your country.
5.Do you have stock products to sell?
Yes, we always have some regular and popular items in stock. Welcome your small and sample orders.


Full: Families may make full payment. This option is self-selected during the registration and payment process.
Standard Plan: Families (for Advanced and Academy Programs) may pay an initial percentage on application and an additional monthly amount (varies per age/division) until the balance is paid. This monthly balance will automatically bill to the credit card on file. This option is self-selected during the registration and payment process.
Alternative Plan: Families may contact the Executive Director Mark Burfeind for an alternative payment plan or to split the invoice for a program between paying parties.
Scholarship: ALTITUDE FC has worked hard to raise scholarship money available for deserving players. Please contact the Executive Director Mark Burfeind for more details.


text:
"You Can't Be True, Dear" is a popular German song.

History
It was originally written as a German language song, "Du Kannst Nicht Treu Sein," by composer Hans Otten and lyricist Gerhard Ebeler. English language lyrics and title were written by Hal Cotten.

In 1948, Ken Griffin recorded the song, first released as an instrumental and later with vocalist Jerry Wayne dubbing the lyrics, both of which became popular in releases by an independent company, Rondo Records. A number of other versions were also recorded that year.

The recording by Ken Griffin and Jerry Wayne was released by Rondo Records as catalog number 228. It first reached the Billboard magazine Best Seller chart on April 2, 1948 staying at #1 for seven weeks.  The instrumental recording by Ken Griffin was released by Rondo Records as catalog number 128. It first reached the Billboard magazine Best Seller chart on July 2, 1948 peaking at #2.  Both the vocal and solo organ versions charted for 23 weeks and sold an estimated 3,500,000 copies.  Note that this version was recorded and released first, but charted after the vocal version.

Renditions
A number of other versions were also recorded in 1948.

The recording by Dick Haymes with The Song Spinners was released by Decca Records as catalog number 24439. It first reached the Billboard Best Seller chart on May 28, 1948, and lasted 13 weeks on the chart, peaking at #9.  Both sides of this recording were cover versions of bigger hits, but both charted; the flip side was "Nature Boy", a major hit for Nat King Cole.

The recording by The Sportsmen was released by Capitol Records as catalog number 15077. It first reached the Billboard Best Seller chart on May 28, 1948, and lasted 13 weeks on the chart, peaking at #11. The flip side, "Toolie Oolie Doolie," also charted.

The recording by The Marlin Sisters was released by Columbia Records as catalog number 38211. It first reached the Billboard magazine Best Seller chart on June 4, 1948, and lasted 4 weeks on the chart, peaking at #19. The flip side, "Toolie Oolie Doolie," also charted (oddly enough, in both The Sportsmen's and the Marlin Sisters' version, the same song was the flip side and in both cases, both sides made the charts).

The recording by Dick James was released by RCA Victor Records as catalog number 20-2944. It first reached the Billboard magazine Best Seller chart on June 25, 1948, and lasted 2 weeks on the chart, peaking at #19. This was his only charting hit.

Two artists in the United Kingdom also recorded the song at about the same time. Vera Lynn recorded the song on March 10, 1948, which was released by the UK Decca label under catalog number F-8883, and Dolores Gray made a recording on August 13, 1948, released by the UK Columbia label under catalog number DB 2451.

Vera Lynn's recording also charted in the United States. This recording was released by London Records as catalog number 202. It first reached the Billboard magazine Best Seller chart on May 21, 1948, and lasted 7 weeks on the chart, peaking at #14.

A revival of the song by Patti Page (Columbia Records catalog number 4-44345) became popular in 1965, spending 8 weeks on the Billboard Easy listening music chart, peaking at #11.

Other recordings

Eddy Arnold (1954)
Pat Boone (1959)
Carol Channing and Webb Pierce (1976)
Connie Francis (1963)
Will Glahe (1948)
Ken Griffin (vocal: Jerry Wayne) (1948)
Ken Griffin (Instr.) (1948)
Dick Haymes and The Song Spinners (1948)
Dick James (1948)
Die Lustige München Musikanten (under the title "Du Kannst Nicht Treu Sein")
Henry Lindblom with Stig Holm's "Rhythm Masters". Swedish lyrics written by Fritz-Gustaf, entitled "Som vind om våren". Recorded in Stockholm on December 28, 1948. It was released on the 78 rpm record His Master's Voice X 7464.
Vera Lynn (1948)
The Marlin Sisters with Eddie Fisher (1948)
Mary Kaye Trio (1959)
Patti Page (1965)
Bob Ralston
Somethin' Smith and the Redheads
The Sportsmen (1948)
Gale Storm
Billy Vaughn
Lawrence Welk

References

American songs
German songs
1948 songs
Vera Lynn songs

redpajama_set_name: RedPajamaWikipedia


text:
Top 5 African Stars Reigning in the NBA
Milwaukee Bucks player Giannis Antetokounmpo
*Undated
Over the years, ballers of African descent have featured heavily in the National Basket League (NBA).
Africa has had a good relationship with the NBA, producing some of the very best players of all time like, Hakeem Olajuwon, Steve Nash, Dikembe Mutombo, amongst others, and even some of the best players in the league right now are of African origin.
Let us take a look at the top 5 African players or at least of African descent currently in the NBA.
5. Serge Ibaka:
Born and bred in Brazzaville, Congo, Serge Ibaka moved to France as a 17-year-old to pursue his dream of playing professional basketball, after which he spent some time in Spain, playing mostly in the second division before he eventually landed in the NBA.
Drafted 24th overall by the Seattle SuperSonics, who would eventually become Oklahoma city thunder, he spent one more year in Spain before finally arriving in Oklahoma in 2009.
He was traded to the Orlando Magic in 2016 who in turn traded him to his current team, the Toronto Raptors where he played a key role in helping the team secure their first-ever NBA title in 2019.
His most notable individual achievements include being named in the NBA all-defensive first three times and leading the league in blocks in 2 separate sessions.
4. Andre Iguodala:
Born in Springfield, Illinois, Andre Iguodala's mother is African-American and his father, a Nigerian who qualifies him for this list, even though he's American through and through.
By far, the most successful player on this list, 36-year old Iguodala, is a 16-year veteran, a vital member of the Golden State Warriors dynasty where he won 3 championships, finals MVP in 2015, All-Star in 2012 amongst several other accomplishments in a long and distinguished career.
3. Pascal Siakam:
The Cameroonian born power forward was drafted by the Raptors out of college 27th overall in 2016 as pretty much an unknown entity. He was immediately assigned to Toronto's G-league team, where he won a championship and finals MVP.
His contributions to the Championship winning season earned him a 4-year contract extension worth $130 million, and he's been living up to the hype, playing a crucial part in Toronto's NBA title defense this season, earning his first-ever All-Star appearance in January.
2. Joel Embiid:
Another one that falls into the category of the very best in the league right now, Joel Embiid is a Cameroonian center who plays for the Philadelphia 76ers.
Born in Yaounde, Embiid moved to the United States as a 16-year old to pursue his dream of playing in the NBA, which he eventually achieved when he was drafted as the 3rd overall pick by the Philadelphia 76ers after one year in college but wouldn't play for the 6ers until 2016 because of a long term injury.
When he did return, he took the league by storm in his debut season, leading the 76ers to give him a 5-year contract worth $148 million with an option for $30 million more if he makes the all-NBA first team.
1. Giannis Antetokounmpo:
Born in Athens, Greece, to Nigerian parents, Giannis has never been one to shy away from his African roots, displaying his Nigerian pride at will even though he represents Greece on the international stage.
His last name, originally Adetokunbo, had to be Hellenized to Antetokounmpo in 2013 when he got his Greek citizenship according to the laws of the land.
Standing at 6ft 11 inches, the Power Forward's dominant physique and explosive style of play, which includes incredible athleticism, earned him the nickname, "The Greek Freak."
At just 25 years old he already has a long list of career achievements that would make veterans jealous. Apart from being the current MVP, he's also a 4-time All-Star, made the all-NBA first team once, all-NBA second team twice, most improved player in 2017 just to name a few of his honors.
All of Giannis' 7 years in the NBA have been with the Milwaukee Bucks who drafted him 15th overall in 2013, his $100 million contract is matched by his career stats 27.3 points per game, 8.8 rebounds per game and 3 assists per game.
Umar Kasumba
Jacob Onyango
James Mazembe
Kariobangi Sharks
Felly Mulumba
Danson Chetambe
Atariza Meja
Benjamin Oketch
Okanda Felicien
Nzoia Sugar
Stephen Mukongolo
Gaetan Masha