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Brexit: New Yorker cover
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Post by John F » Sat Jul 09, 2016 10:23 am
Re: Brexit: New Yorker cover
Post by absinthe » Mon Jul 11, 2016 7:02 pm
A nonsense of course. Many countries have broken away from imperial control or act entirely independently and do well, without ever having been near the EU. Australia, Canada, New Zealand (and now Switzerland that has scrapped its application) have done very well. Japan and China are nothing to do with the EU.... no walking off cliffs there.
People seem to think the EU is the way forward - you'd think for the world. Seriously, it can't manage what it already has but is keen to suck in about five more poor economies, all with high unemployment and riddled with dent and the picture starts to form about a deliberate intent to surround Russia. I think many in the UK now realise the EU is being used by America as a tool to provoke Russia - but that's a different story.
The EU is not in good shape. Christine Lagarde issued another warning today that the Euro/Eurozone is teetering on the edge of collapse (something that Soros predicted a year ago).... There might be short term suffering in the UK but it really is better off out. At least it isn't in debt to Germany so leaving is far easier. We import about 50% more from the EU than we export to it, thus any attempt to thwart trade will be a significant blow to EU member states, particularly Germany.
Post by John F » Tue Jul 12, 2016 5:38 am
Not absurd at all - a perfect visual metaphor for what a small majority of voters in the UK have done to themselves and their country. Whatever you may think of the EU - and nearly half the voters in the UK wanted to remain in it - British withdrawal will hurt Great Britain economically, it's just a question of how badly. In other respects it's a leap, or a stumble, into the unknown, unknown even to many of those who voted for it.
jserraglio
Post by jserraglio » Tue Jul 12, 2016 12:41 pm
Love Barry Blitt's cage-rattling NYer covers, like his infamous Obama "fist bump" cover ... Insert Ugly American caricatures into this one and you might visualize as alternative "silly walks off a cliff" the RNC convention or Fall election.
Post by absinthe » Wed Jul 13, 2016 9:58 am
John F wrote: Not absurd at all - a perfect visual metaphor for what a small majority of voters in the UK have done to themselves and their country. Whatever you may think of the EU - and nearly half the voters in the UK wanted to remain in it - British withdrawal will hurt Great Britain economically, it's just a question of how badly. In other respects it's a leap, or a stumble, into the unknown, unknown even to many of those who voted for it.
It was a democratic vote. More than half who voted wanted to leave. Given the state of the EU (which, with the best will in the world, is not in good shape at present) there are as many unknowns to staying as they are to leaving.
The latest IMF report tells of the euro (the single currency) on the verge of collapse. The euro was always weighted in Germany's favour. The Eurozone is teetering on the edge of recession. Should that occur the net donors to the club face one of two things: the euro is abandoned leaving a vast debt mess - or b) a huge bailout will be needed, most of which will come from Germany. It's too late for the "European Stability Mechanism" to save it without that, itself, becoming part of the priblem. With Germany now aware of the cost of Merkel's immigration policy, an absurdity from any economic viewpoint, it could be in trouble.
The main concern of the leavers, though, is Brussels' latest power grab and Juncker seeming to lose his mind, obsessive about an EU superstate. Now, that might be fine for most EU nations. Their politicians are hardly world-class - a bunch of wets most of them who need a leader like Merkel to nanny them along. However, Juncker has raced for fiscal, monetary and cultural integration across 28 disparate states (soon to be 33 (or 32 without the UK)). It isn't going to happen as neatly as he thought. Years ago looming resentments were anticipated and now they materialise in nationalism almost everywhere. It would only take AfD and Marine le Pen to gain significant power, plus the forthcoming Austrian referendum to yield an anti-EU, anti-immigrant president, to shake things up. Orbon and the Visegrad 4 are already at Merkel's and Juncker's throats. But there it is - Juncker, whose previous job was running a country about the size of Fiji, lording it over 600 million EU citizens with not a clue about the tasks he's putting other nations to.
Then, of course, there's the "free movement of labour" - a nice dream when the outfit was set up in 1957. The relevant economies were closely balanced. Free movement was bidirectional. Take on weak economies however and the obvious happens. Take on 20 weak economies and the second-most overcrowded country in the EU - Britain, with its generous welfare, comes in for the influx. We would need to build TWO new towns the size of Syracuse every year to accommodate the current rate (that's before Albania, Macedonia, Turkey, etc., are drawn in). According to a recent report by Migration Watch EU migrants are in fact a burden to the UK economy to the tune of approx £1 billion last year. It added up a total cost of benefits and services received, subtracting the tax receipts from said migrants.
http://www.migrationwatchuk.org/press-release/448
It was perfectly within the power of the EU to do something about this particular situation. Cameron achieved nothing. Juncker and Merkel proved intractable. The free movement rule is cast in stone. The Brexit vote however has forced them to rethink. They know there's a problem. Elite or not their ivory towe is in danger of collapse. They can see all around - the Swiss scrapping their EU application altogether; Denmark planning its own referendum; the government of Holland actually refusing its people a referendum; France pushing for one. Hungary having one to decide whether to defy Brussels' migrant quota... No one likes the EU... except certain of the net takers presumably.
Various other reasons exist....but there it is. 17 million UK people wanted a UK government, not a governor which is what it'll be if we stay. Many who support(ed) remain hold this vision of what the EU set out to be, not what it has become; what it will become if the increasingly Germanised Brussels has its way.
And all this, before we move on to America's involvement and interests - we haven't missed them.....
Seeing the New Yorker cover reminded me of the Ministry of Silly Walks....
Post by jserraglio » Wed Jul 13, 2016 11:37 am
Another POV
http://www.newyorker.com/magazine/2016/ ... -of-brexit
THE FINANCIAL PAGE JULY 11 & 18, 2016 ISSUE
HOW WILL BREXIT SHAKE OUT?
The U.K. and Europe will find economic needs clashing with political ones.
A few days after the United Kingdom voted to leave the European Union, Nigel Farage, the head of the U.K. Independence Party, made a curious speech to the European Parliament. Farage has spent nearly two decades railing against the E.U., and his speech went viral, thanks to the unbridled scorn he showed toward his listeners. Less commented on was the end of his address, which struck a very different note. He begged the E.U. to make a tariff-free trade deal with the U.K., and promised that the British "will be your best friends in the world." Farage was articulating the fundamental dilemma of Brexit. In 2015, forty-four per cent of the U.K.'s exports went to E.U. countries, and fifty-three per cent of its imports came from them. Although London is famous as a global financial center, it enjoys that status largely because it's a gateway to the Continent. So, while the referendum pushes the U.K. away from the E.U., economic needs require it to stay close.
Brexiteers insist that leaving will let the U.K. discard stuff that many voters dislike—free movement of labor, high budgetary dues, nitpicky regulations—without jeopardizing the country's access to Europe's tariff-free single market. Matthew Elliott, the Leave campaign's chief executive, promised that the U.K. would "be able to trade with the single market on free-trade terms, without paying into the system or accepting freedom of movement." And Boris Johnson, in a post-Brexit article, insisted that "there will continue to be free trade, and access to the single market."
Tell that to the rest of Europe. From the start of the push for Brexit, European leaders warned that the U.K. ran a "very serious risk" of being shut out of the single market. Last week, at a meeting of the E.U.'s heads of state, that message was reiterated: the U.K. cannot leave the E.U. and have "à la carte" access to it. Even if some of this is posturing, markets are anticipating a much harder landing than what Leave promised. "If the British believe that they'll be able to negotiate a special opt-out deal, they're delusional," Nicolas Véron, a fellow at the Peterson Institute and the European think tank Bruegel, told me.
There are several models for how a future outside the E.U. might look. Like Norway, a non-E.U. member, the U.K. could join the European Economic Area, retaining access to the single market while reducing its budgetary contributions. But that would mean accepting free movement of labor, the very thing a huge number of Leave voters voted against. The same would be true if it tried to emulate Switzerland, which has more independence of the E.U. than Norway but also more limited access to the single market. The most likely outcome is that the U.K. will end up with a trade agreement like one that Canada recently negotiated: it pays virtually no tariffs and is able to sell goods throughout the single market. It doesn't make any contribution to the E.U., and there's no free movement of labor. The U.K. could keep selling raincoats to the E.U., while the Germans would keep selling B.M.W.s to the British.
That might sound like a great deal, but for the U.K. there'd be a big catch: the arrangement wouldn't cover banking and other financial services. Right now, firms established in the U.K. can operate anywhere in the E.U., under a system known as "passporting." If the U.K. loses passporting rights, banks will likely move much of their business out of London, probably to Paris, Frankfurt, or Amsterdam. As Véron puts it, "There's a very real possibility that the City will be significantly hollowed out." This would hit the British economy very hard, since banking is one of its biggest industries. Although being less reliant on banking might be good for the U.K. in principle, the adjustment would be brutal.
The Brexiteers are confident that none of this will happen, on the assumption that Europe is bound to see that the status quo offers the best deal for everyone. The E.U. sells the U.K. hundreds of billions of dollars' worth of goods and services every year, so both sides have an incentive to keep things as they are. But this is naïve. For one thing, many European countries would be happy to see their own banking sectors flourish at the U.K.'s expense. The French President, François Hollande, has already said that financial clearinghouses would have to move out of London if they wanted to continue to clear European trades, a loss that he said would "serve as a lesson" to those who "seek the end of Europe."
As Hollande's comments suggest, the negotiations over a new trade deal won't be about economics alone. They'll also be about politics. European leaders, in deciding how they should treat the U.K., will be thinking, in part, about Brexit's effect on the stability of the E.U. itself, which they very much want to preserve. Studies show that international institutions work best, and are most effective, when members feel that leaving has a high cost. So, even if driving a hard bargain with the U.K. does some damage to the E.U.'s economy, that may be a price worth paying, in order to show Euroskeptics everywhere that leaving has consequences. "You're willing to do things for family members simply because they're family," Véron told me. "But when you're no longer in the family you're out." In choosing Brexit, British voters decided that ideological considerations trumped economic ones. They can hardly complain if Europe makes the same choice. ♦
James Surowiecki is the author of "The Wisdom of Crowds" and writes about economics, business, and finance for the magazine.
Post by absinthe » Wed Jul 13, 2016 7:22 pm
As situations go, the popular economic arguments largely hinge on the abstract rather than the actuality of what's happening in the EU itself. Typical in a way, based on the utterances of politicians and economists who rarely agree anyway. Greece might have ditched the Euro and the EU if Tsipras hadn't sold his people down the river. Such is the debt even after massive haircuts that Greece will run under the most distressing austerity for perhaps 4 decades. It was not the Greek people who brought it on themselves. One can always blame them...they elected their governments but....they were lied to, baited with invalid promises etc., and now they suffer. France and Italy are in runaway debt. Cyprus ran into horrendous debt. In spite of the ECB's presence, Cypriots (the people) were divested of their savings/deposits as part of the rescue deal....something that has now been tabled for all eurozone countries.
As for the banking side, London because a big financial centre long before the EU was ever thought up. It achieved that by being one of the easiest places in the world to set up a competent bank and this it remains - far easier than the States (as several banks have found out) and vastly easier than Germany/Frankfurt. I doubt things will change much. The settlement of euro transactions has come under threat but then the euro itself is under threat at the moment.
Yes, there will be economic adjustments but given the state of the EU it needs all the trade it can get. Hollande is not considered a serious politician by the French, hugely unpopular, his outpourings seem to be taken seriously only by propagandist journalists. France is tied to Germany's apron strings. Put in the simplest way, Britain has stirred up a lot of trouble for Brussels. And perhaps that's good. It needs reform. I mean, when a country can't even set its own welfare rules....when it can't even decide what to tax and not, it's losing its sovereignty fast.
There are benefits from staying in the EU but how long the EU is going to last in its current shape is something the economists and most commentators haven't factored into their models.
If I had a worry it's that the Remainers have no plans for any figurative earthquake cracking up the EU and, as a member, the UK would certainly be dragged down by it.
Here for example is one of those nice little disbenefits - just one of many.
http://www.express.co.uk/news/politics/ ... an-Britain
meanwhile we have British children homeless on the streets and elderly destitute turning to foodbanks... in a welfare culture...?
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Programs Like the Job Corps
KRISTINE TUCKER
... Purestock/Purestock/Getty Images
The Job Corps is a free education and training program sponsored by the U.S. Department of Labor that helps low-income young people -- age 16 to 24 -- earn a high school diploma or a GED.
The organization also helps them find employment and keep their jobs. Similar programs include AmeriCorps, World Teach, the Peace Corps and the Student Conservation Association. These organizations help participants learn the skills they need to be successful workers.
AmeriCorps: National Civilian Community Corps
World Teach
The Student Conservation Association
1 AmeriCorps: National Civilian Community Corps
The National Civilian Community Corps (NCCC), sponsored by AmeriCorps, is a full-time work program for young adults -- ages 18 to 24 rather than 16 to 24. The NCCC stresses community service projects, such as filling sandbags to reduce the impact of natural disasters, making facilities handicap accessible and rehabilitating low-income housing. Members are assigned to one of five campuses -- Denver, CO; Sacramento, CA; Baltimore, MD; Vicksburg, MS; and Vinton, IA -- but they participate in nationwide community service projects. NCCC members serve for 10 months with a team of approximately 10 to 12 individuals. They receive approximately $4,000 during the 10-month period plus housing, meals and limited medical benefits. Some participants are eligible to receive an additional $400 per month for childcare.
2 World Teach
World Teach, sponsored by host countries, works with governments in developing countries to provide volunteer teachers. World Teach isn't funded by the U.S. government.
World Teach focuses on global teaching jobs rather than a wider range of U.S. employment opportunities.
Full-time participants must have a bachelor's degree, be fluent in English and commit to a 12-month assignment that includes one month of in-country training. Those without a bachelor's degree -- who are at least 18 years of age -- can participate in short-term summer teaching programs.
3 Peace Corps
The Peace Corps is a U.S. government-funded organization that assigns volunteers to need-based areas around the world. Peace Corps workers learn skills, or apply skills they've already learned, in areas such as agriculture, youth, education, the environment, economic development and health. Participants don't receive a salary, but they do receive a housing and living stipend that enables them to live as the locals do. Eligible volunteers receive school loan deferments and cancellation benefits for government-issued college financial aid. They also receive two vacation days per month to tour local sites or visit neighboring countries.
4 The Student Conservation Association
The Student Conservation Association has programs for high school students, college students and graduates. It focuses on environmentally-friendly career opportunities and professional internships. All jobs and internships are assigned within the U.S., Virgin Islands, Puerto Rico, Cuba or other U.S. territories.
High school students -- ages 15 to 19 -- participate during the summer and obtain outdoor skills certifications and training in wilderness medicine and outdoor education.
Residential and internship assignments for adults -- who must have a high school diploma or a GED -- last from eight weeks to 12 months.
Participants must work a 40-hour week to obtain a living and housing stipend. In some cases, a car is required, but participants receive a stipend to offset the cost of traveling to and from their work site.
2 Peace Corps: Benefits During Service
3 The Student Conservation Association: Young Adult Programs
4 AmeriCorps: NCCC FAQs
5 Peace Corps: What Do Volunteers Do?
As curriculum developer and educator, Kristine Tucker has enjoyed the plethora of English assignments she's read (and graded!) over the years. Her experiences as vice-president of an energy consulting firm have given her the opportunity to explore business writing and HR. Tucker has a BA and holds Ohio teaching credentials.
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redpajama_set_name: RedPajamaCommonCrawl


By order of 23 February 2001, received at the Court on 5 March 2001, the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) referred to the Court for a preliminary ruling under Article 234 EC four questions on the interpretation of Article 3 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1, hereinafter 'the Directive').
Those questions were raised in proceedings between Libertel Groep BV (hereinafter 'Libertel') and the Benelux-Merkenbureau (Benelux Trade Mark Office, hereinafter 'the BTMO') relating to the refusal by the latter to register the colour orange as a trade mark for telecommunications goods and services, as requested by Libertel.
Trade-mark law is governed at international level by the Convention for the Protection of Industrial Property signed in Paris on 20 March 1883, as last revised at Stockholm on 14 July 1967 (United Nations Treaties Series, No 11851, vol. 828, p. 305, hereinafter 'the Paris Convention'). All the Member States are signatories to the Convention.
Article 6 quinquies B(2) of the Paris Convention provides that trade marks may be denied registration or invalidated when they are devoid of any distinctive character.
The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands have set down their trade-mark laws in a common piece of legislation, the Uniform Benelux Law on Trade Marks (Trb. 1962, 58), which was amended with effect from 1 January 1996 by the Protocol of 2 December 1992 amending that law (Trb. 1993, 12) to implement the Directive in the legal order of those three Member States.
(b) the filing relates to a trade mark referred to in Article 4(1) and (2).
2. The refusal to register must relate to the sign that constitutes the trade mark in its entirety. It may be confined to one or more of the goods for which the mark is intended to be used.
3. The Benelux Office shall inform the applicant without delay and in writing of its intention to refuse registration in whole or in part, shall state the grounds and shall allow him a right to respond within a period of time to be laid down in an implementing regulation.
4. If the objections of the Benelux Office to registration have not been removed within the period granted, registration of the filing shall be refused in whole or in part. The Benelux Office shall notify the applicant without delay and in writing, stating the grounds for refusal and advising of the remedy, set out in Article 6ter, against the decision.
Libertel is a company established in the Netherlands whose principal activity is the supply of mobile telecommunications services.
The BTMO is the competent authority with regard to trade marks for the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands. Since 1 January 1996 the BTMO has had responsibility for examining filings of trade marks in the light of the absolute grounds for refusal.
On 27 August 1996 Libertel filed with the BTMO an orange colour as a trade mark for certain telecommunications goods and services comprising, as regards goods in Class 9, telecommunications equipment, and in respect of services in Classes 35 to 38, the telecommunications services and physical, financial and technical management of telecommunications systems.
In the space for reproducing the trade mark, the application form contained an orange rectangle and, in the space for describing the trade mark, the word 'orange' without reference to any colour code.
By letter of 21 February 1997 the BTMO informed Libertel that it was provisionally refusing registration of the sign. It considered that unless Libertel could show that the sign filed, consisting exclusively of the colour orange, had acquired distinctive character through use, it was devoid of any distinctive character within the meaning of Article 6bis(1)(a) of the UBL.
Libertel objected to that provisional refusal. The BTMO, taking the view that there was no need to reconsider the refusal, served notice of final refusal by letter of 10 September 1997.
Pursuant to Article 6ter of the UBL, Libertel appealed against that refusal before the Gerechtshof te 's-Gravenhage (Regional Court of Appeal, The Hague) (Netherlands), which was dismissed by judgment of 4 June 1998.
On 3 August 1998 Libertel appealed in cassation to the Hoge Raad der Nederlanden.
'(1) Is it possible for a single specific colour which is represented as such or is designated by an internationally applied code to acquire a distinctive character for certain goods or services within the meaning of Article 3(1)(b) of the Directive?
(a) in what circumstances may it be accepted that a single specific colour possesses a distinctive character in the sense used above?
(b) does it make any difference if registration is sought for a large number of goods and/or services, rather than for a specific product or service, or category of goods or services respectively ?
(3) In the assessment of the distinctive character of a specific colour as a trade mark, must account be taken of whether, with regard to that colour, there is a general interest in availability, such as can exist in respect of signs which denote a geographical origin?
The questions referred, which concern Article 3 of the Directive, relate to whether, and if so in what circumstances, a colour per se, not spatially defined, is capable of possessing distinctive character for certain goods or services.
In order to consider those questions it is necessary as a preliminary matter to determine whether a colour per se is capable of constituting a trade mark for the purposes of Article 2 of the Directive.
To that end, the colour must satisfy three conditions. First, it must be a sign. Secondly, that sign must be capable of graphic representation. Thirdly, the sign must be capable of distinguishing the goods or services of one undertaking from those of other undertakings.
The Council of the European Union and the Commission made a joint declaration, entered in the minutes of the Council meeting on the adoption of the Directive, that they 'consider that Article 2 does not exclude the possibility ... of registering as a trade mark a combination of colours or a single colour ... provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings' (OHIM OJ No 5/96, p. 607).
However, that declaration cannot be used to interpret a provision of secondary legislation where, as in this case, no reference is made to the content thereof in the wording of the provision in question and it therefore has no legal significance (Cases C-292/89 Antonissen  ECR I-745, paragraph 18, and C-329/95 VAG Sverige  ECR I-2675, paragraph 23). The Council and the Commission also explicitly recognised that limitation in the preamble to their declaration, which states as follows: 'Since the following statements of the Council and the Commission are not part of the legal text they are without prejudice to the interpretation of that text by the Court of Justice of the European Communities'.
Accordingly, it is for the Court to determine whether Article 2 of the Directive is to be interpreted as meaning that a colour per se is capable of constituting a trade mark.
In that regard it must be pointed out that a colour per se cannot be presumed to constitute a sign. Normally a colour is a simple property of things. Yet it may constitute a sign. That depends on the context in which the colour is used. None the less, a colour per se is capable, in relation to a product or service, of constituting a sign.
Furthermore, as the Court has held, a graphic representation within the meaning of Article 2 of the Directive must enable the sign to be represented visually, particularly by means of images, lines or characters, so that it can be precisely identified (Case C-273/00 Sieckmann  ECR I-11737, paragraph 46).
In order to fulfil its function, the graphic representation within the meaning of Article 2 of the Directive must be clear, precise, self-contained, easily accessible, intelligible, durable and objective (Sieckmann, paragraphs 47 to 55).
In this case the query referred to the Court relates to an application to register a colour per se, represented by a sample of the colour on a flat surface, a description in words of the colour and/or an internationally recognised colour identification code.
A mere sample of a colour does not, however, satisfy the requirements set out in paragraphs 28 and 29 of this judgment.
In particular a sample of a colour may deteriorate with time. There may be certain media on which it is possible to reproduce a colour in permanent form. However with other media, including paper, the exact shade of the colour cannot be protected from the effects of the passage of time. In these cases, the filing of a sample of a colour does not possess the durability required by Article 2 of the Directive (see Sieckmann, paragraph 53).
It follows that filing a sample of a colour does not per se constitute a graphic representation within the meaning of Article 2 of the Directive.
On the other hand, a verbal description of a colour, in so far as it is composed of words which themselves are made up of letters, does constitute a graphic representation of the colour (see Sieckmann, paragraph 70).
A description in words of the colour will not necessarily satisfy the conditions set out in paragraphs 28 and 29 of this judgment in every instance. That is a question which must be evaluated in the light of the circumstances of each individual case.
A sample of a colour, combined with a description in words of that colour, may therefore constitute a graphic representation within the meaning of Article 2 of the Directive, provided that the description is clear, precise, self-contained, easily accessible, intelligible, and objective.
For the same reasons as those set out at paragraph 34 of this judgment, the designation of a colour using an internationally recognised identification code may be considered to constitute a graphic representation. Such codes are deemed to be precise and stable.
Where a sample of a colour, together with a description in words, does not satisfy the conditions laid down in Article 2 of the Directive in order for it to constitute a graphic representation because, inter alia, it lacks precision or durability, that deficiency may, depending on the facts, be remedied by adding a colour designation from an internationally recognised identification code.
As to the question whether a colour per se is capable of distinguishing the goods or services of one undertaking from those of other undertakings, within the meaning of Article 2 of the Directive, it is necessary to determine whether or not colours per se are capable of conveying specific information, in particular as to the origin of a product or service.
In that connection, it must be borne in mind that, whilst colours are capable of conveying certain associations of ideas, and of arousing feelings, they possess little inherent capacity for communicating specific information, especially since they are commonly and widely used, because of their appeal, in order to advertise and market goods or services, without any specific message.
However, that factual finding would not justify the conclusion that colours per se cannot, as a matter of principle, be considered to be capable of distinguishing the goods or services of one undertaking from those of other undertakings. The possibility that a colour per se may in some circumstances serve as a badge of origin of the goods or services of an undertaking cannot be ruled out. It must therefore be accepted that colours per se may be capable of distinguishing the goods or services of one undertaking from those of other undertakings, within the meaning of Article 2 of the Directive.
It follows from the foregoing that, where the conditions described above apply, a colour per se is capable of constituting a trade mark within the meaning of Article 2 of the Directive.
It is in the light of the considerations set out at paragraphs 22 to 42 of this judgment that it is now possible to examine the questions referred for a preliminary ruling.
It is appropriate first of all to examine the third question, by which the national court is asking whether, in assessing the potential distinctiveness of a specific colour as a trade mark, it is necessary to consider whether there is a general interest in that colour remaining available to all, as is the case with respect to signs which designate a geographical origin.
According to a number of the observations submitted to the Court, it is possible, using current technology, to identify a very wide range of shades of colour. That may be true, but it is irrelevant to the question under consideration here. For the purposes of determining whether a colour per se is registrable as a trade mark it is necessary to take as a standpoint that of the relevant public.
In the absence of any indication to the contrary in the order for reference, it must be considered that the case in the main proceedings relates to goods and services intended for all consumers. Accordingly, the relevant public in this case must be deemed to be composed of the average consumer, reasonably well-informed and reasonably observant and circumspect (see Case C-342/97 Lloyd Schuhfabrik Meyer  ECR I-3819, paragraph 26).
The number of colours which that public is capable of distinguishing is limited, because it is rarely in a position directly to compare products in various shades of colour. It follows that the number of different colours that are in fact available as potential trade marks to distinguish goods or services must be regarded as limited.
It is settled case-law that trade mark rights constitute an essential element in the system of undistorted competition which the EC Treaty seeks to establish and maintain (see Case C-10/89 HAG II  ECR I-3711, paragraph 13, and Case C-63/97 BMW  ECR I-905, paragraph 62). The rights and powers that trade marks confer on their proprietors must be considered in the light of that objective.
Furthermore, under Article 5(1) of the Directive, a trade mark confers on its proprietor an exclusive right, in relation to certain goods and services, that allows him to monopolise the sign registered as a trade mark for an unlimited period.
The possibility of registering a trade mark may be limited for reasons relating to the public interest.
The various grounds for refusing registration in Article 3 of the Directive must therefore be interpreted in the light of the public interest underlying each of them (Case C-299/99 Philips  ECR I-5475, paragraph 77).
As regards Article 3(1)(c) of the Directive, the Court has recognised that this provision pursues an aim that is in the public interest, which requires that the signs and indications descriptive of the categories of goods or services for which registration is sought may be freely used by all (see Joined Cases C-108/97 and C-109/97 Windsurfing Chiemsee  ECR I-2779, paragraph 25, and Joined Cases C-53/01 to C-55/01 Linde and Others  ECR I-3161, paragraph 73).
Similarly, with regard to Article 3(1)(e) of the Directive, the Court has held that this provision pursues an aim which is in the public interest, namely that a shape whose essential characteristics perform a technical function and were chosen to fulfil that function may be freely used by all (Philips, paragraph 80, and Linde, paragraph 72).
As regards the registration as trade marks of colours per se, not spatially delimited, the fact that the number of colours actually available is limited means that a small number of trade mark registrations for certain services or goods could exhaust the entire range of the colours available. Such an extensive monopoly would be incompatible with a system of undistorted competition, in particular because it could have the effect of creating an unjustified competitive advantage for a single trader. Nor would it be conducive to economic development or the fostering of the spirit of enterprise for established traders to be able to register the entire range of colours that is in fact available for their own benefit, to the detriment of new traders.
It must therefore be acknowledged that there is, in Community trade-mark law, a public interest in not unduly restricting the availability of colours for the other operators who offer for sale goods or services of the same type as those in respect of which registration is sought.
The greater the number of the goods or services for which the trade mark is sought to be registered, the more excessive the exclusive right which it may confer is likely to be, and, for that very reason, the more likely is that right to come into conflict with the maintenance of a system of undistorted competition, and with the public interest in not unduly restricting the availability of colours for the other traders who market goods or services of the same type as those in respect of which registration is sought.
The Commission argued in its observations that the notion that certain signs must remain available and cannot therefore be allowed to enjoy protection finds expression in Article 6 of the Directive rather than in Articles 2 and 3. That argument cannot be accepted.
Article 6 of the Directive concerns the limits on the effects of a trade mark once it has been registered. The Commission's argument amounts to proposing that there should be a minimal review of the grounds for refusal in Article 3 of the Directive at the time when the application for registration is considered, on the basis that the risk that operators might appropriate certain signs which ought to remain available is neutralised by the limits which Article 6 imposes at the stage when advantage is taken of the effects of the registered mark. That approach is, essentially, tantamount to withdrawing the assessment of the grounds of refusal in Article 3 of the Directive from the competent authority at the time when the mark is registered, in order to transfer it to the courts with responsibility for ensuring that the rights conferred by the trade mark can actually be exercised.
That approach is incompatible with the scheme of the Directive, which is founded on review prior to registration, not an a posteriori review. There is nothing in the Directive to suggest that Article 6 leads to such a conclusion. On the contrary, the large number and detailed nature of the obstacles to registration set out in Articles 2 and 3 of the Directive, and the wide range of remedies available in the event of refusal, indicate that the examination carried out at the time of the application for registration must not be a minimal one. It must be a stringent and full examination, in order to prevent trade marks from being improperly registered. As the Court has already held, for reasons of legal certainty and good administration, it is necessary to ensure that trade marks whose use could successfully be challenged before the courts are not registered (Case C-39/97 Canon  ECR I-5507, paragraph 21).
Accordingly, the reply to the third question referred must be that, in assessing the potential distinctiveness of a given colour as a trade mark, regard must be had to the general interest in not unduly restricting the availability of colours for the other traders who offer for sale goods or services of the same type as those in respect of which registration is sought.
By its first question and Question 2(a), the national court is essentially asking whether and, if so, in what circumstances a colour per se may be held to be distinctive within the meaning of Article 3(1)(b) and Article 3(3) of the Directive.
It is settled case-law that the essential function of a trade mark is to guarantee the identity of the origin of the marked goods or service to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin (see Canon, paragraph 28, and Case C-517/99 Merz & Krell  ECR I-6959, paragraph 22). A trade mark must distinguish the goods or services concerned as originating from a particular undertaking. In that connection, regard must be had both to the ordinary use of trade marks as a badge of origin in the sectors concerned and to the perception of the relevant public.
The relevant public, as defined in paragraph 46 of this judgment, is made up of average consumers, reasonably well-informed and reasonably observant and circumspect.
Account should be taken of the fact that the average consumer only rarely has the chance to make a direct comparison between the different marks but must place his trust in the imperfect picture of them that he has kept in his mind (see, in different contexts, Lloyd Schuhfabrik Meyer, paragraph 26, and Case C-291/00 LTJ Diffusion  ECR I-2799, paragraph 52).
The perception of the relevant public is not necessarily the same in the case of a sign consisting of a colour per se as it is in the case of a word or figurative mark consisting of a sign that bears no relation to the appearance of the goods it denotes. While the public is accustomed to perceiving word or figurative marks instantly as signs identifying the commercial origin of the goods, the same is not necessarily true where the sign forms part of the look of the goods in respect of which registration of the sign as a trade mark is sought. Consumers are not in the habit of making assumptions about the origin of goods based on their colour or the colour of their packaging, in the absence of any graphic or word element, because as a rule a colour per se is not, in current commercial practice, used as a means of identification. A colour per se is not normally inherently capable of distinguishing the goods of a particular undertaking.
In the case of a colour per se, distinctiveness without any prior use is inconceivable save in exceptional circumstances, and particularly where the number of goods or services for which the mark is claimed is very restricted and the relevant market very specific.
However, even if a colour per se does not initially have any distinctive character within the meaning of Article 3(1)(b) of the Directive, it may acquire such character in relation to the goods or services claimed following the use made of it, pursuant to Article 3(3) of the Directive. That distinctive character may be acquired, inter alia, after the normal process of familiarising the relevant public has taken place. In such cases, the competent authority must make an overall assessment of the evidence that the mark has come to identify the product concerned as originating from a particular undertaking, and thus to distinguish that product from goods of other undertakings (Windsurfing Chiemsee, cited above, paragraph 49).
The reply to the first question referred must therefore be that a colour per se, not spatially delimited, may, in respect of certain goods and services, have a distinctive character within the meaning of Article 3(1)(b) and Article 3(3) of the Directive, provided that, inter alia, it may be represented graphically in a way that is clear, precise, self-contained, easily accessible, intelligible, durable and objective. The latter condition cannot be satisfied merely by reproducing on paper the colour in question, but may be satisfied by designating that colour using an internationally recognised identification code.
The reply to Question 2(a) must be that a colour per se may be found to possess distinctive character within the meaning of Article 3(1)(b) and Article 3(3) of the Directive, provided that, as regards the perception of the relevant public, the mark is capable of identifying the product or service for which registration is sought as originating from a particular undertaking and distinguishing that product or service from those of other undertakings.
By Question 2(b), the national court is asking whether it is relevant to assessing whether a colour has a distinctive character within the meaning of Article 3(1)(b) of the Directive that registration of the colour per se as a trade mark is sought for a large number of goods and services, or for a specific product or service, or for a specific group of goods or services.
In the light of the considerations set out at paragraphs 56, 66 and 67 of this judgment, the reply to Question 2(b) must be that the fact that registration as a trade mark of a colour per se is sought for a large number of goods or services, or for a specific product or service or for a specific group of goods or services, is relevant, together with all the other circumstances of the particular case, to assessing both the distinctive character of the colour in respect of which registration is sought, and whether its registration would run counter to the general interest in not unduly limiting the availability of colours for the other operators who offer for sale goods or services of the same type as those in respect of which registration is sought.
By its fourth question the national court is asking, essentially, whether, in assessing whether a trade mark has distinctive character within the meaning of Article 3(1)(b) and Article 3(3) of the Directive, the competent authority for registering trade marks must carry out an examination in the abstract or by reference to the actual situation, taking account of all the circumstances of the case, and in particular use which has been made of the mark.
It must first of all be observed that the 12th recital in the preamble to the Directive states that 'all Member States of the Community are bound by the Paris Convention for the Protection of Industrial Property' and that 'it is necessary that the provisions of this Directive are entirely consistent with those of the Paris Convention'.
Article 6 quinquies C(1) of the Paris Convention states: '[I]n determining whether a mark is eligible for protection, all the factual circumstances must be taken into consideration, particularly the length of time the mark has been in use'.
Second, registration of a sign as a trade mark is always applied for in respect of the goods or services mentioned in the application for registration. Accordingly, a trade mark's distinctiveness must be assessed by reference, first, to the goods or services in respect of which registration is sought, and, second, by reference to the relevant public's perception of that mark.
Since the competent authority for registering trade marks has to satisfy itself that the sign is not devoid of distinctive character for the goods or services of the undertaking seeking its registration as a trade mark, it may not carry out an examination in the abstract but must of necessity undertake its examination by reference to the actual situation. That examination must take account of all the relevant circumstances of the case, including any use which has been made of the sign in respect of which trade mark registration is sought.
The reply to the fourth question referred must therefore be that, in assessing whether a trade mark has distinctive character within the meaning of Article 3(1)(b) and Article 3(3) of the Directive, the competent authority for registering trade marks must carry out an examination by reference to the actual situation, taking account of all the circumstances of the case and in particular any use which has been made of the mark.
The costs incurred by the Netherlands and United Kingdom Governments and the Commission, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court.
1. A colour per se, not spatially delimited, may, in respect of certain goods and services, have a distinctive character within the meaning of Article 3(1)(b) and Article 3(3) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, provided that, inter alia, it may be represented graphically in a way that is clear, precise, self-contained, easily accessible, intelligible, durable and objective. The latter condition cannot be satisfied merely by reproducing on paper the colour in question, but may be satisfied by designating that colour using an internationally recognised identification code.
2. In assessing the potential distinctiveness of a given colour as a trade mark, regard must be had to the general interest in not unduly restricting the availability of colours for the other traders who offer for sale goods or services of the same type as those in respect of which registration is sought.
3. A colour per se may be found to possess distinctive character within the meaning of Article 3(1)(b) and Article 3(3) of Directive 89/104, provided that, as regards the perception of the relevant public, the mark is capable of identifying the product or service for which registration is sought as originating from a particular undertaking and distinguishing that product or service from those of other undertakings.
4. The fact that registration as a trade mark of a colour per se is sought for a large number of goods or services, or for a specific product or service or for a specific group of goods or services, is relevant, together with all the other circumstances of the particular case, to assessing both the distinctive character of the colour in respect of which registration is sought, and whether its registration would run counter to the general interest in not unduly limiting the availability of colours for the other operators who offer for sale goods or services of the same type as those in respect of which registration is sought.
5. In assessing whether a trade mark has distinctive character within the meaning of Article 3(1)(b) and Article 3(3) of Directive 89/104, the competent authority for registering trade marks must carry out an examination by reference to the actual situation, taking account of all the circumstances of the case and in particular any use which has been made of the mark.
Delivered in open court in Luxembourg on 6 May 2003.


The internet has become a place where everyone is on a level playing field when it comes to promoting music.
The Vancouver film and video company Make Believe Media is taking advantage of this fact with the launching of RPM.fm, which is devoted to promoting Native music with MP3s, videos, streaming programming, and podcasts of Indigenous artists. The site was inspired by a documentary on Native blues artist Derek Miller, 'Music is the Medicine,' which the company produced for broadcast this fall on Canada's APTN.
Jarrett Martineau, who is Dene and Cree, is the Creative Producer of the project. He comes from a background of working in digital media and is a hip hop artist himself. In the documentary Miller talks about the glass ceiling that Native artists seem to hit, and about the responsibility indigenous musicians have to their home communities and the Native communities they perform for while trying to reach a wider audience. This inspired Martineau and his team to start RPM.
For this list, which Martineau notes is not in any particular order, he chose up and coming artists.


text:
package patterntemplatemethod;

/**
 * Project: PatternsBook
 * Date: 27.02.14
 * Time: 1:19
 *
 * @author Skurishin Vladislav
 */
public class Coffe extends CaffeineBeverage {

    @Override
    public void brew(){
        System.out.println("Dripping Coffee through filter");
    }

    @Override
    public void addCondiments(){
        System.out.println("Adding Sugar and Milk");
    }
}

redpajama_set_name: RedPajamaGithub


text:
What's so great about silicone?
To appreciate the value of silicone, it is necessary first to understand the nature of other rubbers more commonly used to create sex toys.
The majority of rubber sex-toys are comprised of low cost, hard rubbers like vinyl and latex: raw materials found in abundance and inexpensive to manufacture, that are only made squishy and soft with the addition of harsh chemicals called plasticisers. These rubbers have chemical structures that degrade under repeated flexing and compression, eventually causing tears and material failure. These common rubbers are porous materials, riddled with tiny holes that readily harbor dirt and bacteria, and are unable to be safely sterilized because of their low melting points and lack of chemical resiliance.
SIlicone, on the other hand, contains zero plasticisers. Silicone rubber is a complex specifically engineered material which is synthesized at great expense from silica: one of the most abundant compounds on earth: a major component of glass and found naturally occuring in sand and quartz rock.
Because of it's chemical properties, silicone is primarily nonreactive and hypoallergenic, displaying extreme bio-compatibility and making it a very popular component of medical, pharmaceutical and beauty products, to name only a few.
SIlicone rubber, unlike the vast majority of rubbers, is non-porous so it does not readily harbor bacteria, and silicone can be safely heated to upwards of 400 degrees fahrenheit and treated with cleansers for sterilization without degradation.
These a are some of the technical reasons silicone is a superior material for sextoys; but, in the end, silicone just feels much better, is more supple and skin-like than any other rubber. This similarity to skin combined with silicone's skin-safe biocompatibility is why the medical community employs silicone for it's medical prosthetics and the Hollywood Special Effects industry for it's makeup prosthetic appliances and creature creations.
What are plasticisers?
Plasticisers are alarmingly harsh chemicals added to hard rubbers to make them softer. Unfortunately, these plasticisers slowly separate from, and leach out of, the rubber toy and into the toy's immediate environment, causing the distinctive odor associated with most rubber sex toys, and inducing the burning/stinging sensation that many feel when these toys are used. In effect, these toys hurt because the escaping plasticisers come into contact with the sensitive, highly absorbent intestinal mucous membrane.
Not everyone is sensitive to the burning caused by these compounds. Some people feel nothing that would indicate something may be wrong and are able to use these toys comfortably and unawares. But very many do feel a reaction and, lacking this vital information, have no way to understand that it is these chemicals, and not "sextoys in general" that cause them discomfort. It is a shame, but no surprise that once "burned," most people have no interest in trying sextoys again. "Once bitten, twice shy."
Alarmingly, these very same plasticisers have been outlawed by the FDA in the composition of any plastics or rubbers that will come into contact with human food (i.e. "food grade plastics") and toys (the kind played with by children) due to health concerns. Why plasticizers have not similarly been forbidden in the creation of sex toys is a function of the puritanical prejudices of our society and, of course, the finances involved.
The emission of plasticisers out of rubber toys also accounts for the gradual shrinking, hardening, and cracking most sex toys undergo over time.
Why are silicone toys so expensive?
SIlicone is a synthetic material (not naturally occuring like other rubbers) which must be manufactured via a complex and expensive industrial process that transforms quartz mineral into a highly viscous liquid which, when properly combined with a liquid catalyst, vulcanizes (hardens) into silicone rubber. A gallon supply of the two-part rubber combination (silicone/catalyst) costs upwards of $200.
In addition, Silicone is a difficult material to work in. Production is labor intensive requiring specific industrial equipment and a high degree of specialized training and experience.
All of this combined results in a high cost of production and thus a higher retail price than other rubbers.
It is a matter of personal choice whether the superior qualities that silicone achieves are worth the extra cost incurred in it's creation.
What is the Shore hardness of your silicone?
The durometer (measurement of Shore hardness in a rubber) of silicone varies from toy to toy, but in general:
Soft: Shore 00-20 to 00-30
Firm: Shore 2A to 20A
SoftSkin: Shore 00-20 to 00-30
HardCore: Shore 20A to 37A
For more information on Shore hardness see https://en.wikipedia.org/wiki/Shore_durometer
How should I store my toys?
Silicone toys are hardy, and simple consideration is all they require. They should be cleaned and allowed to dry after each use. Ideally, they should be kept separate from non-silicone toys, as the harsh chemicals that other toys may contain are best avoided and could harm the silicone.
Softer silicones may, over time, become imprinted if pressed against forcibly by a hard material, so its best not to store them, for example, on wire shelves or under a pile of heavy metal chains, etc.
Simple, economical plastic bins are ideal for storage and will help keep dust from accumulating on the toy's surface.
My cockring broke! I thought silicone was supposed to be unbreakable!?
Silicone has an unparalleled ability to maintain its integrity indefinitely despite being repeatedly compressed or flexed ( i.e. the stresses most often involved with dildo and plug usage), whereas other rubbers will suffer increasing wear and tear and will, eventually, fail.
When stretched to extremes, silicone becomes susceptible to tear propagation, which is the potential for tiny nicks or creases to advance suddenly and swiftly through the material. Therefore, extreme stretching of cockrings and ballstretchers is not reccomended. The practise of "Doubling-Up" (or wrapping the cockrig around twice) constitutes a sort of "Cockring Russian Roulette." Sooner or later... "POP!" So its best to be mindful and avoid over-stretching your silicone.
[By their very nature, dildos and plugs are rarely exposed to such extreme stretching forces, so are not at risk of tear propagation)
Can my broken toy be repaired?
Unfortunately, no. While there are silicone adhesives meant specifically to join silicone to silicone, they are quite expensive and do not achieve a bond anywhere near the strength of the original single piece. They are meant for use with a filament matrix backbone and so do not achieve their intended result in this instance.
Is lube bad for my toy?
Generally, no. Lube is not inherently bad for silicone toys. To be more specific, lube can be roughly categorized as one of three types: water-based, grease-based, or silicone-based.
- Water-based: The least aggressive and most common form of lube certainly does not chemically harm silicone. It's fairly inert, and while powdered versions can prove extremely slippery, all water-based formulations tend to dry-up as the water base gradually evaporates or is absorbed into the skin, thus changing the effective feel of the lube from slippery to sticky.
Also of note, the water that forms their base is the principle conduit of life, allowing for bacteria and such to grow and thrive unless controlled by means of added preservatives, unpleasant chemicals which lend the lube a nasty taste (hence the abundance of "flavored" water-based lubes which try to conceal the nasty chemical taste by adding nasty fruit flavorings, etc.)
-Grease-based: Grease based lubes are great in that they grab hold of the toy and don't let go. They are generally petroleum based (e.g. Vasoline) or vegetable shortening/fat based (e.g. Crisco.) Unlike water based lubes, they do not evaporate but will cling to the toy until removed with grease cutting soap. The difficulty of removing the grease from the toys and bodies and bedsheets it contacts is a concern for many people. I say you cant have your cake and eat it too. If u want your lube to last, you have to deal with the associated difficulty of removing it. A dishwashing/grease-cutting soap will make clean up much easier.
-Silicone based: There is much controversy about the risk of silicone lube damaging silicone toys. I am a silicone lube fanatic, and I use ID Velvet exclusivey. It has never damaged my toys, but I cannot say for a fact that other silicone lubes can not harm silicone toys. I've heard from friends who produce silicone lube that the quality of silicone lubes varies greatly. It makes a certain kind of sense to imagine that if a particular lube contains an abundance of silicone solvents that it might over time cause solid silicone to dissolve or deteriorate. Again, with my lube this has not been my experience at all. My personal toys have never shown any sign of deterioration, and they are exposed to silicone lube daily, some for over 10 years. Could some silicone lube containing rogue silicone solvents possibly harm silicone toys? I can't say absolutely not, but I consider this akin to an urban legend, born of imagination, suggestion, and misinformation rather than empirical fact. My suggestion is to stick with high quality silicone lubes and clean your toys regularly.


text:
1977: Raiders Overcome Colts in OT of AFC Divisional Playoff
The AFC Divisional playoff game on December 24, 1977 featured the Oakland Raiders, defending NFL champions, against the Baltimore Colts, three-time AFC East title-winners who had not been able to make it past the first round in the previous two postseasons.
The Raiders, coached by John Madden, finished second in the AFC West with an 11-3 record that, while it put them behind the upstart Denver Broncos, still qualified for the playoffs as a wild card entry. While there was a gnawing feeling that Oakland was beginning to slip, the club was still formidable. The offense was more run-oriented, and FB Mark van Eeghen placed at the top of the AFC with 1273 yards while the team as a whole also led the conference in ground-gaining. With QB Ken "The Snake" Stabler (pictured above), wide receivers Cliff Branch and Fred Biletnikoff, and TE Dave Casper, the Raiders could still pass effectively.
Baltimore, under Head Coach Ted Marchibroda, had won nine of the first ten games before a late three-game losing streak nearly cost the club the division title. But the Colts finished 10-4 (beating out Miami, also 10-4 and out of the playoffs, due to a better record in the conference) and featured an explosive offense directed by QB Bert Jones, who ranked second in the NFL with 2686 passing yards, and all-purpose HB Lydell Mitchell, who ran for 1159 yards and caught a league-leading 71 passes. The defense featured a good line that recorded 47 sacks and included DT Mike Barnes and DE John Dutton.
There was a sellout crowd of 59,925 fans at Baltimore's Memorial Stadium for the Christmas Eve contest. Both teams played cautiously in the first half. Oakland HB Clarence Davis ran for a 30-yard touchdown in the first quarter on the team's fourth possession. Colts SS Bruce Laird tied the game in the second quarter with a 61-yard interception return. Just prior to the end of the half and following a Jones pass to WR Freddie Scott for 27 yards, Toni Linhart kicked a 36-yard field goal to give Baltimore a 10-7 advantage at the intermission.
The Raiders regained the lead on their first possession of the third quarter as Stabler, following a 40-yard pass play to Branch, followed up with an eight-yard touchdown throw to Casper to cap a five-play, 70-yard drive. But the Colts came right back as WR Marshall Johnson returned the ensuing kickoff 87 yards for a TD and 17-14 lead for the home team.
Laird intercepted Stabler for the second time, but the Colts couldn't mount anything and were forced to punt. Raiders LB Ted Hendricks blocked David Lee's kick, which was recovered by LB Jeff Barnes, and Oakland turned it to immediate advantage as Stabler again threw to Casper for a touchdown, this time covering 10 yards. The score was 21-17 in favor of the Raiders after three quarters.
Early in the fourth quarter, the Colts drove 79 yards to the Oakland one, helped along by Jones passes of 20 yards to WR Glenn Doughty and 21 yards to Mitchell, plus a pass interference call on rookie CB Lester Hayes in the end zone. The Raiders defense stiffened and stopped three straight running attempts, but on fourth down RB Ron Lee finally plunged in for a touchdown (the first of the game by the Colts offense; pictured at left) and, with the successful PAT, Baltimore was back in front at 24-21.
Oakland came back again, starting with HB Carl Garrett's 44-yard kickoff return to midfield. Stabler threw to van Eeghen for 23 yards and then a pass interference call in the end zone moved the ball to the one yard line. From there, RB Pete Banaszak plunged over for the TD. But less than two minutes later, the Colts again took the lead in the back-and-forth game as Jones threw passes of 16 yards to Lee and 30 to ex-Raiders TE Raymond Chester. Lee, following a 14-yard carry, ran 13 yards for his second touchdown of the game and a 31-28 score.
Coming down to the last two minutes in regulation, Stabler threw a pass that Casper had to adjust his route to get to and, making an outstanding basket catch, gained 42 yards to the Baltimore 14. Three running plays failed to net a first down, and with 29 seconds remaining Errol Mann booted a 22-yard field goal to tie the score at 31-31.
The game went into overtime, and neither team was able to score in the first OT period, although Mann attempted a 48-yard field goal that was blocked. Oakland's defense reasserted itself and, in three possessions in overtime, the Colts never advanced beyond their own 40.
Finally, the Raiders put together a 58-yard drive in which they converted two third downs along the way. One of them came on a diving catch by Branch in a third-and-19 situation following a sack as Stabler completed five of six throws. Stabler, facing a second-and-seven situation, connected with Casper for the third time with a game-winning 10-yard touchdown pass at 43 seconds into the second period of sudden death. Oakland came out the winner by a score of 37-31. It was the third-longest game in NFL history up to that time.
The Raiders outgained the Colts, 491 yards to 301, but also turned the ball over four times, to none suffered by Baltimore. But while the Colts rushed for 187 yards (to 167 for Oakland), the Raiders defense held Baltimore's potent passing attack to just 114 yards, sacking Bert Jones six times.
Ken Stabler completed 21 of 40 passes for 345 yards with three touchdowns against two interceptions (both by Bruce Laird). The 34-year-old veteran Fred Biletnikoff led the Raiders with 7 catches for 88 yards while Cliff Branch gained 113 yards on his 6 receptions. Of course, all four of Dave Casper's catches were big ones, with the three TDs and the long reception that set up the game-tying field goal in the fourth quarter; he gained 70 yards (Casper pictured at right). Mark van Eeghen paced the running attack with 76 yards on 19 attempts.
Bert Jones (pictured at bottom) had a rough day against the rugged Raider defense as he completed just 12 of 26 passes for 164 yards with no touchdowns, although he also had none intercepted. Lydell Mitchell led the Colts with 67 rushing yards on 23 carries and also caught three passes for 39 yards. Freddie Scott gained 45 yards on his two receptions.
"My line gave me plenty of time," Jones said afterward. "But so often there was nobody to get the ball to. They covered us perfectly."
"I don't know if it was the toughest game I've ever been in but it was a frustrating one," Dave Casper summed up. "We'd go ahead and then they'd go ahead. It seemed like it would go on that way forever."
As for playing for the touchdown in overtime rather than a field goal, John Madden said, "It was second down and I figured we'd go for the touchdown. If that failed, I was going to put Pete Banaszak in for the third down, and if we didn't score or get the first down on that, we'd kick a field goal."
Oakland went on to lose the AFC Championship game to Denver by a 20-17 score. With significant injuries striking down Bert Jones, who had played so well during the three-year stretch from 1975-77, the Colts collapsed in 1978. The loss to the Raiders proved to be the franchise's last postseason appearance in Baltimore – by the time the Colts next appeared in a playoff game ten years later, following the 1987 season, they were located in Indianapolis.
Labels: 1977 NFL season, Baltimore Colts, Bert Jones, Indianapolis Colts, John Madden, Ken Stabler, Oakland Raiders, Ted Marchibroda
1977: Raiders Overcome Colts in OT of AFC Division...


The undershirt and underpants variety for boys has an unmatchable print which is simple yet classic. They are available in many designs to add more comfort to your routine wear collection. Discover the best vest, shorts and trunk for your boys!


text:
CTA steht für:
 Call to Action (Marketing), das Prinzip, die angesprochene Person zu einem nächsten Schritt aufzufordern
 Call to Action (Laienorganisation), US-amerikanische katholische Laienorganisation
 Canadian Transportation Agency, oberste kanadische Transportbehörde
 Cellulosetriacetat, thermoplastischer Kunststoff, siehe Celluloseacetat
 Central de Trabajadores de la Argentina, argentinische Gewerkschaft
 Central Tibetan Administration, siehe Tibetische Exilregierung
 Centro Tecnico Aeroespacial, brasilianische Luft- und Raumfahrtorganisation
 Chemisch-Technischer Assistent, Ausbildungsberuf in Deutschland
 Cherenkov Telescope Array, astrophysikalisches Projekt eines Teleskopsystems
 Chicago Transit Authority, Verkehrsbetrieb von Chicago
 Chirurgisch-Technischer Assistent, ärztlicher Assistenzberuf
 Commodity Trading Advisor, siehe Terminhandelsberater
 Common Travel Area, Offenes-Grenzen-Abkommen zwischen dem Vereinigten Königreich, Irland, der Isle of Man und den Kanalinseln
 Compagnie de transport aérien, ehemalige schweizerische Fluggesellschaft
 Composite Tissue Allotransplantation, Transplantationsform in der Chirurgie
 Computertomographische Angiographie, siehe CT-Angiographie
 Constant Temperature Anemometer, Hitzdrahtsonde mit konstanter Temperatur, siehe Thermische Anemometrie #Constant-Temperature Anemometry (CTA)
 Containerterminal Altenwerder, Containerterminal im Hamburger Hafen
 Contractual Trust Arrangement, doppelseitige Treuhandlösungen für die betriebliche Altersversorgung
 Control Area, unterer kontrollierter Luftraum
 COVID-19 Therapeutics Accelerator, Initiative zur beschleunigten Entwicklung von Behandlungsmöglichkeiten der Erkrankung COVID-19
 Current Transformer Assembly, ein Messwandler, der einen Primärstrom in ein gut verarbeitbares elektrisches Signal umwandelt
 Criminal Tribes Act, ehemalige Gesetzgebung in Britisch-Indien
 Technical Centre for Agricultural and Rural Cooperation ACP-EU, internationale Vereinbarung zwischen EU und AKP-Gruppe im Rahmen des Cotonou-Abkommens
 Flughafen Catania (IATA-Code) auf Sizilien
 Zentralafrikanische Republik (FIFA-Code)

cta steht für:
 Tataltepec Chatino (ISO-639-3-Code), Varietät der Chatino-Sprache in Mexiko

Abkürzung

redpajama_set_name: RedPajamaWikipedia


text:
Q: Switching between Java versions for the same version I want to make some experiments with GradleVM, so I installed the the next java versions on MacOS
% /usr/libexec/java_home -V
Matching Java Virtual Machines (3):
    17.0.2 (x86_64) "Oracle Corporation" - "OpenJDK 17.0.2" /Library/Java/JavaVirtualMachines/jdk-17.0.2.jdk/Contents/Home
    11.0.17 (x86_64) "Homebrew" - "OpenJDK 11.0.17" /usr/local/Cellar/openjdk@11/11.0.17/libexec/openjdk.jdk/Contents/Home
    11.0.17 (x86_64) "GraalVM Community" - "GraalVM CE 22.3.0" /Library/Java/JavaVirtualMachines/graalvm-ce-java11-22.3.0/Contents/Home

I can easily switch between v11 and v17 with the approach
alias java-17="export JAVA_HOME=`/usr/libexec/java_home -v 17`; java -version"
alias java-11="export JAVA_HOME=`/usr/libexec/java_home -v 11`; java -version"

But how I can switch between GraalVM11 and normal jdk11?

A: alias graalvm-11="export JAVA_HOME=/Library/Java/JavaVirtualMachines/graalvm-ce-java11-22.3.0/Contents/Home; java -version"
I've taken the path to GraalVM installation from the output of java_home -V

redpajama_set_name: RedPajamaStackExchange


The Washington Yoga Center, located in Tenleytown, is a yoga studio that specializes in different styles of yoga and meditation. At Washington Yoga Center, yoga is accessible to all.
The teachers are well trained and knowledgeable, and the classes are tailored to meet specific needs. With a variety of different yoga styles and a large offering of classes offered at convenient times throughout the day at different levels, Washington Yoga Center has a little something for everyone.
Washington Yoga also holds exciting events, courses, and workshops. Upcoming events include the family-friendly Star Wars yoga, Baby and Me yoga, and Fairy Tale yoga.


Parent makes request for Home/Hospital Services because the student has a condition that warrants being confined from school for a minimum of 10 consecutive days.
Completed application is returned to student's school.
School shall scan and send a copy to the school nurse.
Nurse will contact doctor to complete the PHYSICIAN STATEMENT OF NEED form.
Nurse will contact district administrator with acquired information.
District administrator will contact site based Home & Hospital Coordinator with recommendation of approval or denial of Home & Hospital request.
If student is eligible for Home & Hospital services, the team completes H&H school plan and parent/guardian assurances form.
Educator/s complete Home and Hospital Service Log While providing services and submits to district office monthly.
Review the existing IEP goals/objectives and determine which ones will be addressed during the absence.
Determine the amount of service time to be provided during the absence.
Complete a Change of Placement Form and a Home and Hospital Plan Form.
If student is NOT eligible for Home & Hospital services, the team provides written notice of denial along with grievance procedures.


Nicolas Hague, No. 20 on NHL Central Scouting's final ranking of North American skaters eligible for the 2017 NHL Draft, has played two seasons with Mississauga of the Ontario Hockey League. He had 46 points (18 goals, 28 assists), and six power-play goals in 65 regular-season games. The 6-foot-5, 215-pound left-shot defenseman has offered to maintain a draft diary for NHL.com leading up to the draft in Chicago. His May blog comes from the NHL Scouting Combine in Buffalo.
Hello from the NHL Combine!
I'm posting this entry after my first of 24 team interviews from KeyBank Center in Buffalo. For me, I just want to be myself and I don't want to sound as if I scripted the interviews. I just want to answer truthfully because that's what I know the teams want to hear.
You never know how the general managers and scouts will think, but I'm confident with how the week will go. There were no odd questions so far. Everything has been pretty typical and straightforward.
I really didn't get to do much prep or practicing before getting to the combine since our season ended pretty late. We only had a week to kind of do anything to prepare. I'm basically just relying on my physical ability. I've never done the Wingate Cycle bike test (to measure the explosiveness of a skater) or the VO2 Aerobic Fitness bike test (to measure endurance), so we'll see how it goes. I was able to get to the gym but it was just to get my body back into shape, since I was pretty beat up after the Ontario Hockey League playoffs [and a best-of-7 series loss to Erie in the OHL final in five games].
This really is an interesting draft. I think anyone could be selected anywhere. That's kind of where the draft is and what everyone is thinking right now. You never know what will happen until your name gets called. It's going to be exciting and I'm really looking forward to draft day (on June 23-24 at United Center in Chicago).
I think one thing I really learned over the second half of the OHL season was playing that shutdown role. I feel that was an area of my game that really improved over the second half; being real hard to play against and not getting scored upon. I think that's what I need to do. That's a big part of my game that I need to transfer to the next level. I have a good idea what I need to do to play that role.
Well, that's it for now. I'll check back again at the end of the combine. Thanks for reading.


starch helped hold them in place. The pleats and the styles still exist in the present world with a single variation; they are made out of paper and fiber instead of with cloth. Thick paper is being used to construct the chef hats with fiber construction. These can be used for about 3 to 5 days or depends on the number of shifts the chef has to put in. One advantage with these would be that they need lesser maintenance compared to the cloth hats.
one size fits all variety. Hats for head chefs, apprentices, cooks are all made of paper and available in the market. Manufacturers ensure to keep in mind the heights of the hats as well as the designs that are currently selling in the market.
are cost-effective and also ensure that the chefs always look crisp and smart even after toiling for long hours in the kitchens. A unique touch to these disposable hats would be to put on the restaurant or hotel logo on the hats. They do not take up a lot of space on the hat and also ensure a smart advertising tactic.
with cleats on your golf shoes. Regular tennis shoes have treads designed for flat surfaces such as asphalt.
obscure or unusual the logo, the more popular they became.