Wednesday whimsies

laden ladenfam and Merpel thought
the ABA 'Best Blawg' badge a
bit, er, conspicuous, so they've
opted for this one instead.

Ever conscious of its beauty, wit and unparalleled singing voice, the Kat is justifiably vain. It was good to learn this week that this vanity is not unjustified: laden ladenfam Weblog has, it seems, been listed in the ABA Law Journal's Blawg 100, as one of the 100 best law blogs as selected by that journal's naturally discerning experts. There is apparently a voting procedure to establish which blogs are most popular in a variety of areas of legal application.  The voting ends on 30 December -- but you have to register with the ABA Law Journal (even if you're already an ABA member) before you can express your preference -- a shrewd exercise in data-capture if ever there was one.  Never one to court popularity, laden ladenfam congratulates his 99 colleagues on their achievement and wonders who they are since he couldn't find a link to the list ...

IPKat team member Jeremy was partying last night at the Intellectual Property Magazine Awards Dinner at London's Dorchester Hotel, in the company of (among others) some distinguished IP owners, lawyers, in-housers, service providers and even bloggers.  More on the event later -- but now he just wants to say how lovely it is to see the IP community crystallising into the warm, friendly, community of shared interests for which he has always argued.  A few years ago it would have been unthinkable for the editor of one IP publication (in this case JIPLP) to be invited to present an award at a ceremony organised by another. He was also thrilled to discover that it was possible to park his car in the cosy warmth of an indoor carpark for the entire evening for less than the cost of three pints of Badger at The Old Nick (where he'll be this Thursday, from 5pm to 6pm, if anyone wants to pop in and say "hello" ...

Sleeping on the job? Suzy should
be commenting on Neil's blogpost

laden ladenfam is sometimes surprised by readers' reactions -- but non-reactions can be even more surprising. Not a single comment followed Neil Wilkof's thoughtful little piece on termination of joint trade mark ownership which, we all thought, would have lots of people bouncing up and down in front of their keyboards.  Perhaps the item was posted too close to the weekend, mewses Merpel.

Patent litigants are quite a prickly
bunch -- but time is pressing!

Call to action.  Writing PatLit's eighth feature in its PPC Pages series, Chartered Institute of Patent Attorneys president Alasdair Poore reminds readers that there is a consultation in progress on whether the amount of damages recoverable for patent infringement before the cute, cuddly Patents County Court should be capped at £500,00 (plus interest), or at a higher or lower figure.  He urges anyone with an opinion on the matter to get a move on, since consultations close on Friday 3 December.  laden ladenfam adds a little note for the Intellectual Property Office:  it would be really handy, he says, if people who are thinking of making comments could see who else has already made comments and what they've said.  Is it possible to do this?


Around the blogs.  Scottish solicitor Susan Sneddon (Maclay Murray & Spens) has written an extremely helpful note, hosted here on PatLit, on a ruling that a patent proprietor is entitled to seek a "springboard" account of profits from an infringer, where the latter has derived a benefit not merely from his infringing acts but also from the fact that, by virtue of his infringement, he gets into the market ahead of others.

Sticky issue.  laden ladenfam has been approached by Tom Garland, who is doing some research into the origins of the 'Sticky Note" pad. In particular, he is interested in obtaining information concerning a Swiss inventor, one Walter Eugster of Zurich (CH 452-479). Writes Tom: "My sincere English-only efforts to locate the story of his invention have produced nothing".  Does any reader have first-hand knowledge of Mr Eugster and his invention?

Saul Alinsky & the Cloward-Pivan Strategy

(YouTube link)

Brannon Howse speaking on Saul Alinsky, the Cloward-Piven strategy, and the Neo-Marxist revolution taking place in America.

The following are comments by Glenn Beck on the Cloward-Piven strategy. This was broadcasted in November 2009.


(YouTube link)

Judge blocks Okla. Shariah measure

With Shari'a law it is not the Muslim's constitutional rights we should be worried about ~ its everyone else's ~ Shari'a law fully enacted seeks to subjugate the non-believer.. and women...

Another temporary block.

Worrying because the current ruling seems to leave a crack open for Shari'a ~ which Muslim groups such as CAIR will want to push through.


Get thee behind me Shari'a!


OKLAHOMA CITY, Nov. 29 (UPI) -- A federal judge has issued a preliminary injunction to keep a voter-approved restriction against Shariah law out of the Oklahoma Constitution for now.

A U.S. district judge ruled in favor of an Oklahoma City Muslim who says the constitutional amendment would violate his religious freedom, The Oklahoman reported Monday.

The amendment, approved Nov. 2 by voters, forbids state courts from using or considering international law or Islamic Shariah law in making rulings.

Judge Vicki Miles-LaGrange issued the injunction sought by Muneer Awad, 27, executive director of the Council on American-Islamic Relations in Oklahoma who challenged the amendment on the grounds it allegedly demonizes his faith.

Miles-LaGrange wrote Awad "has made a strong showing that State Question 755's amendment's primary effect inhibits religion and that the amendment fosters an excessive government entanglement with religion."

"This order addresses issues that go to the very foundation of our country, our (U.S.) Constitution, and particularly, the Bill of Rights," she said. "Throughout the course of our country's history, the will of the 'majority' has on occasion conflicted with the constitutional rights of individuals, an occurrence which our founders foresaw and provided for through the Bill of Rights."

Tulsa TV station KOTV reported the judge's order, which extended a restraining order issued Nov. 22, prevents the state from certifying the referendum results until she rules on the merits of the plaintiff's claims.

Miles-LaGrange provided no timetable for her final ruling or how the case will proceed, KOTV said.

Ex-muslim Imam exposes Islam - Video

Zaki Ameen was raised a Muslim and once dedicated his life to Islam, working as an Imam. He then realised how the teachings of Muhammad and the Quran were used to deceive followers, in order to gain control, money and power. Living by the Point of My Spear is his book, revealing shocking evidence against Muhammad.


Point of My Spear ~ Muhammad could only gain respect and the adoration he so desired ~ through the sword. To believe in Islam there is so incredibly much you have to ignore about the man ~ who came as its prophet. A man that without the sword would have died with no larger than 100 strong following. This was not a man of the word ~ this was a man of the sword. He sought to make Allah of the Kaaba great by any means.


A couple of quotes ~ it says Muhammad used the Koran for his own personal gain, and status... but there was no Koran ~ as such. That was written years later in Syria.

Ye'ol Muhammad ~

'Before the end of the world you shall fight the Turks, whose eyes are small and noses flattened and who have ugly red faces, like hammered shields'


'You will see Allah will inherit Persian lands and money, furthermore their women will lie down ready for you to rape them'

Iran the most arrogant of Islamic nations ~ is really Islam/Arabia's b*tch!! They gave their 5000 year old civilization over to its enslavement. The only conciliation is that they think it has made them free.


All in all it sounds the same today ~ We will take over the UK, We will take over the USA... the same wretched commands passed down through time ~ from Muhammad to his followers.

Stratfor Iran and Wikileaks - Video

He was such a nice boy!! ~ Friends: 'We knew him as Mo-mo'

Courtroom artist's sketch shows terror suspect Mohamed Osman Mohamud, right, and chief deputy public defender Stephen R. Sady, during an appearance in federal court Monday, Nov. 29, 2010, in Portland, Ore.

Here's the usual ~ he was such a nice boy ~ with a twist, his Muslim college acquaintance is throwing the dirt on him, saying ~ he hung out with people who 'drank alcohol' and 'partied'... possibly to tie his violent jihadist action to non-Muslim behavior.

He said Mohamud attended a couple of association events but that he didn’t always lead a life consistent with Islam.

“He hung out with people who partied and drank alcohol,” said Mohamed. “He didn’t commonly go to the mosque. He wasn’t an obedient Muslim.”

The alcohol drinkers are not trying to blow up large numbers of people for religious purposes.


Let's not forget the 9/11 hijackers visited strip clubs, and reportedly did huge amounts of drugs. The Islamic mouth-piece of Yemen ~ Anwar al-Awlaki was caught picking up hookers ~ twice.

Although he hesitated to shake hands with women, he patronized prostitutes. Al-Awlaki was arrested in San Diego in August 1996 and in April 1997 for soliciting prostitutes. Wiki

Little Mo-mo's behavior was consistent with today's Islamic jihadist ideology.


CORVALLIS, Ore. -- To his friends and colleagues, Mohamed Osman Mohamud wasn’t a religious extremist, he was simply “Mo-mo.”

“He was an average American student,” said Corvallis Imam Yosof Wanly.

Wanly said Mohamud was a student, a Muslim and a man wanting to make a change in the world.

“He seemed like he wanted to do something to change something,” said Wanly. “His father brought him here so he could make something of himself.”

FBI officials said authorities arrested Mohamud in a sting operation just as he tried blowing up a van he believed was loaded with explosives at a crowded Christmas tree lighting ceremony in Portland.

Wanly said Mohamud had a difficult childhood and that he moved from Mogadishu, Somalia, with his father at the age of five. Mohamud would later move to Corvallis to take courses at Oregon State University while living off campus in an apartment.

“What we do know about him is that he was a student in winter 2009 and fall 2010,” said OSU Spokesperson Todd Simmons. “He was a non-degree seeking student and stopped taking classes on Oct. 6.”

Friends and acquaintances said Mohamud is smart and studious. While he was at OSU, he could frequently be found in university libraries.

Omar Mohamed with the Muslim Student Association said he knew Mohamud as an acquaintance through the student association. He said Mohamud attended a couple of association events but that he didn’t always lead a life consistent with Islam.

“He hung out with people who partied and drank alcohol,” said Mohamed. “He didn’t commonly go to the mosque. He wasn’t an obedient Muslim.”

Still, many said the 19-year old pre-engineering student never let on that he wanted to carry out "violent jihad," as he is reported in a federal affidavit to have said.

“I would have never have thought anything like this would even come across his mind,” Wanly said.

Mohamud was arrested on charges of attempted use of a weapon of mass destruction. On Monday, Mohamud entered a plea of not guilty.

A Multnomah County judge set a tentative trial date of Feb. 1, 2011.

KVAL

ONEL/OMEL: the questions start to crystallise

The ONEL/OMEL trade mark dispute, born in the Dutch corner of the Benelux (see for example earlier IPKat posts here, here and here) is now set for export to the Luxembourg portion of it. To remind readers, at the heart of this is NOT so much a dispute between two traders, one of whom wants to stop the other registering a similar trade mark for identical services. Rather, it's about a matter of principle: in order to prevent a later national trade mark being registered, must the opponent's earlier Community trade mark have been used in more than one of the 27 Member States of the European Union in order to establish genuine use of that mark?

Excitedly posting on MARQUES' Class 46 weblog earlier this afternoon is laden ladenfam's good friend Gino van Roeyen, who explains that today the Court of Appeal of The Hague has suggested referring the following complex questions to the Court of Justice of the European Union for a preliminary ruling:

"1. Should Article 15(1) of the Community Trade Mark Regulation be interpreted in such a way that the use of a trade mark within the borders of one Member State is sufficient, provided that this use, if the trade mark would be a national trade mark, would be considered to be normal use in that Member State (compare Joint Statement no. 10 to Article 15 ... and the Opposition Guidelines)

2. If no, is use within one Member State never normal use within the European Community as referred to in Article 15 of the Community Trade Mark Regulation? If yes, which requirements are applicable with regard to the territorial scope of the use of a trade mark – apart from the other circumstances -- to assess a normal use within the Community?

3. If the answer to question 1 should be in the negative, should the assessment of normal use within the Community be abstracted from the borders of the territory of the separate Member States and solely linked up with the market shares of the trade mark (and/or other factors) on the various markets within the Community?"

It's not yet known whether the parties will be happy with these questions, or whether they may wish to fine-tune them. Further information is likely to appear on the Dutch IP weblog Boek9.nl before laden ladenfam gets to find out.

Attorney general says FBI acted properly in Somali-American terror case; fire examined at Islamic center

WASHINGTON — Attorney General Eric Holder said Monday that federal agents acted appropriately in the case of a Somali-American man who allegedly tried to blow up what he thought was a van full of explosives in Portland during the city's Christmas tree-lighting ceremony.

The FBI set up a sting operation to investigate Mohamed Osman Mohamud after receiving a tip. Holder rejected the suggestion that Mohamud was a victim of illegal entrapment by the FBI.

Once the undercover operation began, the suspect "chose at every step to continue" with the bombing plot, Holder said.

"He was told that children — children — were potentially going to be harmed," the attorney general said.

Holder also said the FBI is investigating possible arson at an Islamic center in Corvallis, a fire that took place after the arrest of Mohamud, who occasionally worshipped at the center.

If the fire is related to the arrest or to an attack on Islam, it "is something that I personally decry," Holder said. "It is not something that is consistent with who we are as Americans."

Statesman Journal

BREAKING NEWS: judge ejects Virgin chair patent suit

Are you sitting comfortably? Have you fastened your safety belts?  Yes? Then here we go! This morning in Virgin Atlantic Airways Ltd v Delta Airways Inc [2010] EWHC 3094 (Pat) Mr Justice Arnold, sitting in the Patents Court for England and Wales, did something that not many judges do -- he gave summary judgment in favour of a defendant in a patent infringement action.  The defendant was Virgin's airline rival Delta and the subject of the dispute was the famous Contour chair which this Kat, for one, has never curled up on and is, unless he finds a way to grow money, unlikely to do so.

The judgment has only just come out and this Kat implores his fellow-Kats who are more patent-oriented to get their claws into it for some real legal analysis.

Earlier posts on the Contour action here and here
Bloomberg here

Note: since posting the above note, laden ladenfam has received the following piece from law firm Taylor Wessing. He thought it was a very useful summary:

"This is the latest of a series of legal skirmishes, both in the UK and at the EPO, involving Virgin's Patent for flat-bed seats. The Judge dismissed the action against Delta Airways for infringement of Virgin's flat-bed patent by way of joint tortfeasance with Delta's seat manufacturer, Premium Aircraft Interiors (Contour). He did so on the grounds that there was no primary act of infringement by Contour and so by definition Delta could not be a joint tortfeasor. This is not likely to be the end of the story - it is expected that Virgin will seek permission to appeal the decision. 

In granting summary judgment, by striking out Virgin's claim as having no real prospect of success, the Judge has done something fairly extraordinary in a patent case. Patent cases are hardly ever appropriate for summary judgment, primarily because patent cases are so dependent on expert evidence. However, in this case, because of the prior history of the long-running dispute between Virgin and Contour (the seat manufacturer that helped design and manufacture Virgin's Upper Class Suite (UCS) business class seats), that culminated in the European Patent Office hearing in September this year, the judge felt able to make his decision without requiring further expert evidence. 

However, also, and perhaps even more significantly, the judge seriously called into question (and with substantial reasoning) the doctrine of infringement of a patent by supplying a "kit of parts" as a separate head of infringement under section 60(1)(a) of the Patents Act 1977. That doctrine, under the current law, had arisen in two previous English cases, Rotocrop International Ltd v Genbourne Ltd [1982] FSR 241 and Lacroix Duarib SA v Kwikform (UK) Ltd [1998] FSR 493. In his analysis (probably the most detailed analysis of the point anywhere since the Community Patent Convention (CPC) of 1975 had the effect of harmonising the national patent laws of a number of European states), he also considered the law on this point as it applied in other CPC states and concluded that the supply by a UK defendant of an incomplete "kit of parts" to a customer outside the UK could not infringe a UK patent but also that the supply of a complete "kit of parts" to such a customer should also not infringe either under section 60(1)(a) or section 60(2) of the Patents Act 1977".

Was Jesus Polite to False Teachers?

(YouTube link)

Pastor John MacArthur talks about Matthew 23, and the strong reaction Jesus had toward the false teachers of His time. Then in Mark 8:15, we are warned to "Take heed, beware of the leaven of the Pharisees, and [of] the leaven of Herod."

Today, we are very familiar with what occurs when there is too much leaven in the teachings of our Christian leaders. To clarify, a leavening agent is any one of a number of substances used in doughs and batters that cause a foaming action which lightens and softens the finished product. The leaven added into Bible teaching is enough to send someone to hell. I challenge you to be aware of how your thinking may have been leavened by those around you, and to compare your beliefs and convictions to Scripture.

WEATHER NEWS. THE UK UNDER 15cm OF GLOBAL WARMING.

MORE ON SETTING THE TONE TO A DISCUSSION – pie charts

PIE CHARTS THAT WOULD KNOCK THE AIR OUT OF ANY TEAHADIST-REPUBLICAN

Deprive them of oxygen…that is what I say. When you are faced with a nasty fire caused by a pyromaniac and there are those who will still pour gasoline into it; the thing to do is to deprive it of oxygen and it will be put out. It may not be easy because some of these conflagrations burn very hot and vigorously but it is possible to do.

Yesterday I wrote that “The whole country is allowing the Teahadist-Republicans to set the pace, lay down the standards to any and all discussions and we are at this point and time considering totally absurd ideas that a few years back would have been considered truly insane. This radical move to the right in America has had some very negative consequences. We see how open xenophobia, homophobia and racism are a totally accepted stance; even the encouragement of using “2^nd amendment options. This would have been unthinkable just two years ago.”

As selective reasoning is a very pervasive tradition among these right-wing fanatics it is difficult to even talk to them. But once in a while there would be a relative or friend to one of them who will send them an anonymous e-mail with some facts and then they go into instant apoplexy. What I am hoping is that out of the two or three thousand followers I have at least one or two will do this and confront some right wing nut with the facts.

I ran into these very telling pie charts that explain beautifully where America stands on the issues. I think that if any Teahadist-Republican was to receive this they would be angry at first; “how dare somebody send me crap like this?” But eventually they will have to read it and it is hard, almost impossible to “REFUDIATE”and they will think about it and eventually will have to face the truth.

The reason that some of these people are so adamant and arrogant; perhaps a perfect example is a Sharon Angle or a Christine O’Donnell is that they surround themselves with people who agree with them and will not even give interviews…that is a good way to avoid reality and the facts.

HERE ARE THE INTERESTING PIE CHARTS COURTESY OF Richard (RJ) Eskow

AT: http://www.ourfuture.org/blog-entry/2010114726/if-i-said-im-thankful-wisdom-american-people-would-you-think-im-crazy

You see, if your friend or acquaintance only watches Fox and listens to Beck and Rush then they are not getting the true picture. These are but voices of lies and exaggeration, of fear and distrust. Fox , Beck, Rush and the other peripheral pundits have a lot of opinions and no facts, it is ideology without substance, it is criticism without solutions.

We have let them get away with all their lies and setting the tone of the discussion for far too long…it is time we start e-mailing these to them and see how they will “REFUDIATE” them.

IF YOU'RE HAVING A BEACH HOLIDAY ON THE GULF COAST THIS YEAR, DON'T FORGET YOUR BUCKET AND SPADE.

PRINCE CHARLES TALKING ABOUT THE ORGANIC MELONS HE GROWS IN HIS GREENHOUSE.

ONE FOR THE CONSPIRACY THEORISTS #3. IS BEYONCE A SHAPE-SHIFTER?

BACK IN THE DAY #8. WHAT A COMPUTER LOOKED LIKE IN 1945.

Management of IP in sustainable agri-development: essential or irrelevant?

Digging for sustainable development ...

IPKat team member Jeremy had a fascinating discussion with Kay Chapman a couple of months ago.  Kay is  Communications and Information Specialist, CAS-IP (that's the Central Advisory Service on Intellectual Property of CGIAR -- the Consultative Group on International Agricultural Research. In case you've not come across CGIAR before [and you jolly well ought to have, since it has been mentioned at least twice on this blog before], it's

"a global partnership that unites organizations engaged in research for sustainable development with the funders of this work. ... The work they support is carried out by 15 members of the Consortium of International Agricultural Research Centers, in close collaboration with hundreds of partner organizations, including national and regional research institutes, civil society organizations, academia, and the private sector".

The Fund Council includes the World Bank, the Bill and Melinda Gates Foundation and national governments as diverse as the United States, Brazil and Iran.  Anyway, CGIAR has been doing some thinking about its attitude to, and relationship with, intellectual property rights.  Let Kay explain:

"Intellectual Property (IP) and Intellectual Asset (IA) management in the CGIAR

In a public research environment, IP and IA management can be a tricky subject, sometimes even met with suspicion. There can be little doubt that managing IA effectively is required to fulfil the goals of the institutes within which we work.

In the context of agricultural research what do we mean when we talk about IA management? The term IA covers all intellectual assets (results, information, articles, publications, know-how, new plant varieties, etc.) whether or not they are protected by intellectual property rights (by which we mean copyrights, patents, trademarks, plant variety protection, etc.).

Effective IA management is crucial to facilitate the exchange of research outputs as well as to support trust in collaborations. It is also required to deal with issues such as access, ownership and exploitation of the outputs produced.

The message from a recent and comprehensive Review of the CGIAR’s own Intellectual Property unit (CAS-IP) was clear and direct:

“We firmly believe that the management (or mismanagement) of intellectual property will be a primary factor in determining the future of the CGIAR's contributions to agricultural innovation systems that will help ensure global food security, poverty alleviation and environmental sustainability”.

Do you have any thoughts about IA management in the agricultural research for development purposes? What should IA management focus on if you need to ensure benefits are available for the public good? What should or shouldn’t we do with the results of publicly funded research?

The Review mentioned above was commissioned by CAS-IP's main donor, the Dutch Ministry of Foreign Affairs (DGIS), first to evaluate CAS-IP's activities. In light of the CGIAR reform process, DGIS also requested that the Review Team extend the scope to include the broader context of intellectual asset management in the CGIAR. Given the fundamental importance of IP/IA management, it will not be ignored as the new structure of the CGIAR emerges. Details of exactly what form IA management will take have not yet emerged.

Further to the publication of the Review of CAS-IP, a public consultation process has been set up online. Any comments will be compiled and officially added to the report, we hope for use by the agricultural development community at-large, as well as to inform the new Consortium Office".

laden ladenfam is fascinated by all of this.  What should organisations like CGIAR be doing with the results of agricultural research, apart from making sure that everyone who needs to use them can get access to them? Should the organisation's role be confined to describing and databasing research results, or is its money better spent on building up and policing agricultural IP portfolios for the beneficial exploitation and management of those rights for the greater good? Or is the notion of a greater good illusory?  Do tell Kay what you think!

You can see a one-page discussion document of the Review here or browse the results of the Review here
To contact Kay Chapman, just email her here.

SOME PEOPLE HAVE BEEN SOLD A BILL OF GOODS

THEY REALLY BELIEVE ALL THIS CRAP ABOUT PULLING YOURSELF BY YOUR BOOTSTRAPS AND WORKING HARD. THEY THINK THAT WE ARE RIFT-RAFT AND UNDESERVING BECAUSE IN THEIR LOFTY POSITIONS THEY FIND VALIDATION.

I got this comment in my blog from a guy named Robert:

“The biggest problem I see in all this is the complete failure of the younger generations to realize that they will not start out their careers making as much as their parents make. It takes time, experience and effort to reach the top of the heap. Not everyone makes it, however, if you work hard at it, for 50 years, as my wife and I have, then together we make
$ 250,000.00 a year. We did not make that much 40 years ago. We worked our way up.
Now the do-nothing, I want mine now crowd wants to take all that effort away from us and give it to the lazy, do-nothing, couch potatoes who think it is owed to them.”

I wouldn’t have published it because it is almost anonymous…his profile is not available. Of course that is not surprising because a lot of these right-wings hide behind an unpublished profile…obviously they have something to fear…perhaps they fear the truth will come and hit them in the face.

It sounds like to me that this person is middle class…upper middle class and doesn’t realize that the middle class in America has been under a pervasive and vicious attack for decades. The Republicans and super rich want it that way and have succeeded in almost decimating it.

What he does not even have an inkling is that those starting out, wanting to join that middle class, even if he calls them “do-nothings” and lazy, don’t even stand a chance to have the same opportunities he did. Robert doesn’t accept the fact that he is one of the few that has been able to work very hard and is still solvent…perhaps he considers himself somewhat affluent…but the rest of us, the rift-raft that he thinks is the poor and the middle class has absolutely no right to want and strive for the same things he worked so hard to get.

I am sure that Robert was very satisfied with the work my mom did at his house as a maid and when I waited on his table at the restaurant he had no beef with me…as long as I kept my place. The illegal immigrants were mowing his lawn and the blacks collecting his garbage…that is the way it is supposed to be according to Robert.

But something has happened along the way…the top 2% of that super rich class got greedy…they wanted more and they don’t care if Robert loses everything he has. They don’t care if they decimate the middle class to do it and hurt the country in the process. You see Robert, these rich people didn’t work as hard as you did for your financial well being…most of them inherited it…about 90% of them and the only way they can find validation for their sorry lives is to look down on the rest of us and feel superior, which is what you seem to be doing as well.

Yes, Robert, heaven forbid that you should pay taxes on anything you make above $250,000. You are not going to let a little thing like patriotism get in the way of your greed; even if the rest of us 98% of the “lazy, do nothings, rift-raft” insist that you should pay your fair share…to return to pre-Reagan tax rates…the rich was doing well then, thank you…weren’t they? But I am sure you are going to come back to me with the tired old line that the rich are insecure about investing, they are afraid of tax increases and that is why they are not hiring. TRICKLE DOWN ECONOMICS just don’t work…they never did.

Wake up, they are not hiring because they are requiring more productivity from us for less money…really, what incentives do the rich and the corporations have to change the nomenclature when they are getting record profits now?

I think Robert that you should re-examine your ideology and stop listening to Rush and Beck. I am also sure you have bought some of their overpriced gold; when the shit hits the fan all of that gold will be worthless because there would be nobody to buy it.

The 2nd shooter got a real early start in the business.



Via Reddit

.

Italy: Alien Baby Fetus

(YouTube link) (00:36 - end)

The first part of this video is questionable, but you have to wonder about the alien fetus.

The mixing of species has occurred in the past:
"When men began to increase in number on the earth and daughters were born to them, the sons of God saw that the daughters of men were beautiful, and they married any of them they chose. Then the Lord said, “My Spirit will not contend with man forever, for he is mortal; his days will be a hundred and twenty years. The Nephilim were on the earth in those days—and also afterward—when the sons of God went to the daughters of men and had children by them. They were the heroes of old, men of renown." Gen. 6:1-4

Hebrew interpreters and apocryphal and pseudopigraphal writings are unanimous in holding to the view that fallen angels are the “sons of God” mentioned in Genesis 6:1-4.

In the following video, Thomas Horn talks about the blending and corruption of DNA that has occurred through the ages, although it was against God's will.


(YouTube link) Part 1


(YouTube link) Part 2


(YouTube link) Part 3

Thomas Horn suggests that since humans have opened the door to the mixing of species and genetic engineering in the lab, it could possibly open a Pandora's box for something else to be readmitted into our world from the past. “But as the days of Noah were, so also will the coming of the Son of Man be."

If this alien fetus is the same illustration as what Horn suggests, I don't know.

Word of Faith: Creating Power with Words

(Surveynot) (Watch 00:15 - 2:02)

Pastor Mike Hoggard serves as pastor of Bethel Church in Festus, Missouri, and is the founder and director of Prophetic Research Ministries. Prior to his seminar presentation, he made some comments about "words." His comments tie-in with the study I did on the power of words. He states quite plainly stated that "if you proclaim with faith-filled words right things you have created power with your mouth," as taught in the Word of Faith, it is witchcraft.

I will continue to go back to the teachings of the Word Faith movement, because these teachings are trickling into the true Church. It's just as hard to change the mind of a Word Faith follower as it is a Catholic.

I DON’T TRUST THE DRUG MANUFACTURERS

CALL IT SKEPTICISM. CALL IT IGNORANCE BUT I REALLY DON’T TRUST DRUG MANUFACTURERS

It has become sufficiently clear that some of these drugs are way overpriced. The drug manufacturer claims that it is investing in research, testing and the such so that they are in a spot where they must charge those prices in order for the drug to be profitable for them…really?

I really could see if there was a 50% mark up after they are through deducting the cost of research, testing, manufacturing and the ingredients…and still have enough left over to make a very handsome profit. But it is ludicrous to think that a 500% or even higher percentage mark up is justified.

Then there is the question of whether these drug manufacturers are reputable and on the level…what prevents them from putting a bunch of ingredients in one pill and leaving out a key element and then making a companion drug that contains only that ingredient missing from the first drug…in reality what it amounts to is selling a near placebo…you see how they tell you that a certain drug must be taken together with this other one…they don’t recommend it, they require it.

The cost of these drugs is exorbitant…one would think that they actually put ground up gold in them, but in reality some of the ingredients are quite common and inexpensive.

The government of Brazil has embarked upon a project where they are now manufacturing generic drugs that are the most used and the most expensive when they are brand names. As a consequence, because of the competition even those name brand drugs are considerably lower in price than in America; and of course the generic is quite affordable. Call it SOCIALISM, I don’t care but I also think that it is unethical to make a profit out of people’s misery and it is IMMORAL to make an obscene profit out of it.

But when all is said and done; I really don't have that big a beef with the drug manufacturers because at least they produce something...a medicine that is going to keep people alive...they sell a product...albeit at an exorbitant price and that is my main resentment towards them. Unlike the health insurance companies that don't produce anything, don't offer a useful service, don't even take the risks that would be the reason for their existence...they are true parasites.

PHOTO SOURCE: http://www.google.com/imgres?imgurl=http://www.medicineway.info

http://www.google.com/imgres?imgurl=http://www.canningdivision.com.au/images/medicines.

Monday miscellany

The only people to have colleges named after them in both
Oxford and Cambridge are Jesus, St John, Wolfson ...
and CATS!

Holy Cats! IP scholar Justine Pila, much revered and respected by laden ladenfam, has informed him that she and the equally revered Graeme Dinwoodie are running a half-day seminar on Comparative Perspectives on Protecting Products by Patents.  This is just one of a series of events with this dynamic due is organising over the next few years around the theme "The Common Law of Intellectual Property in an Era of Europeanisation" [That's a mouthful, says Merpel, but I like the acronym, CLIPEE!].  Speaking will be Mr Justice Floyd, Daniel Alexander QC, and Professor Rochelle Dreyfuss on issues relating to the patentability of products and the scope of protection which patents confer on products. The first seminar takes place from 2 pm to 5 pm at St Catherine's College, Oxford (here) this Saturday, 4 December 2010. Says Justine: "It is free and all are welcome; CPD accreditation has also been applied for".

Extended passing off: an extended
headache for makers of drinks that sound
like generic products

What with all the fuss and excitement about the forthcoming Royal Wedding and IP conference, laden ladenfam has quite forgotten to remind readers of another event that is close to his heart: the 15th annual Intellectual Property Law Developments conference, which takes place on 24 January in Central London.  Unusually for a serious event, this programme features some very serious bloggers among the speakers: Matt Fisher (from laden ladenfam team), David Musker (Class 99) and Hugo Cox (The 1709 Blog).  Two of this year's biggest attractions, however, lie outside the blogosphere: Tony Clayton (Chief Economist, Intellectual Property Office) speaks on "IP and Government Spending" and Baker & Mackenzie's Ben Allgrove, no doubt still celebrating the recent acceptance by the High Court that there is such a thing as initial interest confusion in British and European trade mark law, tackles the scope of the recently-extended tort of passing off.  And now for the competition! JK Rowling seeks your advice as to the title of the next Harry Potter book (the one she said she'd never write) on how Harry and his friends graduate from Hogwarts and secure gainful employment within in the World Intellectual Property Organization. The title must begin with the words "Harry Potter and the ...", but the rest is up to you.  The prize: free registration for the IP Law Developments conference and an even freer lunch! Email your entries (which won't be acknowledged unless there aren't very many of them) to laden ladenfam here, with the subject line "". Closing date, 10 January 2011.

Not all games in court end
with an order of indemnity costs

Around the blogs. The Kat's friend Richard Kempner (Kempner & Partners) has provided PatLit with a juicy item: a claimant in patent litigation proceedings, reprimanded by a normally mild-mannered judge for playing games in court and being ordered to pay indemnity costs.  IP Finance carries a report on a court ruling on assessment of "user" damages for trade mark infringement, just one week after this note on calculating damages for loss of brand value.  Russians and Cypriots who wonder whether the US Federal Court has personal jurisdiction over them in patent infringement actions might find this note on PatentlyO worth reading.  The 1709 Blog succinctly summarises the issues and the ruling in NLA v Meltwater here on whether end-users of an online media monitoring service require a licence from the owners of copyright in the works monitored and.


Several readers, of whom Barry Teobald was first, have been nudging laden ladenfam to tell the world about Facebook's application to register the word FACE as a US trade mark.  According to Techcrunch

"Facebook is just a payment away from trademarking the word “Face.” As of today the U.S. Patent And Trademark Office has sent the social networking site a Notice of Allowance, which means they have agreed to grant the “Face” trademark to Facebook under certain conditions.

All Facebook needs to do is pay the issue fee within three months of today and the “Face” trademark will be issued and be published in the official USPTO gazette ....

For all intents and purposes today’s status update bodes well for Facebook’s hold over “Face” usages in “Telecommunication services, namely, providing online chat rooms and electronic bulletin boards for transmission of messages among computer users in the field of general interest and concerning social and entertainment subject matter, none primarily featuring or relating to motoring or to cars.”

While it seems so bizarre that a company should have the right to trademark a word as common as “Face” apparently the USPTO isn’t at all disturbed (what’s with the “related to motoring or cars” restrictions?). ...

Update: A commenter points out that aside from the issue fee, Facebook will have file a Statement of Use and use the trademark on its own in commerce before it has actual legal claim over the word “Face.” Right now it only uses the word “Face” in conjunction with “book,” but that will have to change if it wants to have any right to the trademark".

laden ladenfam doesn't think that any corresponding application has been filed in Europe, but is prepared to be corrected by his readers.  Merpel also thought it odd that the application sailed through without any oppositions or objections, but couldn't think offhand of any existing registrations or brands that would be threatened by use of the word FACE for the Class 38 services listed.  Again, readers' responses are welcome.  Perhaps the last word should do to Aidan Clarke (Marks & Clerk), who is quoted in a media release as saying:

"“... not every company with the word ‘face’ as part of its brand should necessarily be worried. The protection in the US at least covers only a very specific category of commercial enterprises within a sub-sector of the telecommunications space, namely the sorts of activities that comprise online social networking. ‘Fatface’ the clothing company and Apple’s ‘FaceTime’ software, to name but a few examples, have nothing to be concerned about. Not unless Facebook begins extending its brand beyond the social networking sphere.”".

Never mind FACE -- Warner Bros has run off with the trade mark the name of the Harry Potter school-game QUIDDITCH for lingerie, reports the eagle-eyed Kingsley Egbuonu on the basis of this Reuters report. Not just lingerie either, but dust ruffles [What on earth! exclaims laden ladenfam]. This doesn't actually seem to be red-hot news, since Warner Bros has been quietly registering QUIDDITCH for a variety of items since 1999 -- but what's news is the plans the long-dead Brothers have been making for keeping their coffers flowing even once the world tires of the Harry Potter film sequence.


Recently published.  Release 33 of Sweet & Maxwell's European Patent Decisions, which updates the Looseleaf to August 2010, has now been dispatched and should be in the hands of subscribers soon, if they have not already received them.