The Crime of Product Counterfeiting: A Legal Analysis of the Usage of State-Level Statutes

This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters. Relying on state-level appellate court cases and conviction data, we found: (1) states inconsistently use and interpret criminal anti-counterfeiting statutes across the U.S.; and (2) strategies for building evidence in trademark counterfeiting criminal cases are strongest when based on cooperation with the victim (trademark owner). Based on our findings, to improve state-level anti-counterfeiting efforts, we recommend several best practices: Adoption of specific criminal trademark counterfeiting statutes if states do not already have a statute; Continued involvement and testimony by brand owners to distinguish between counterfeit and genuine product; and Continued and expanded collaboration and educational efforts between law enforcement, prosecutors, private investigators, and brand owners regarding trademark counterfeiting, as well as the potential danger to the health and safety of the public and possible connections to organized crime and terrorism

Product Counterfeiting Legislation in the United States: A Review and Assessment of Characteristics, Remedies, and Penalties

Product counterfeiting crimes have detrimental effects on consumers, brand owners, public health, the economy, and even national security. Over time, as product counterfeiting crimes and the response to them have evolved, U.S. federal legislation has developed and state legislation has followed suit, but with considerable variation across the states. The purpose of this article is to place product counterfeiting in the context of intellectual property rights, provide a historical review of relevant federal legislation, and systematically examine the extent to which state laws differ in terms of characteristics, remedies, and penalties. Additionally, we calculate indices of civil and criminal protections that illustrate the overall strength of each state’s legislative framework. Collectively, this assessment provides a solid foundation for understanding the development of product counterfeiting legislation and serves as a basis for advancing research, policy, and practice

Loss of T-bet, But Not STAT1, Prevents the Development of Experimental Autoimmune Encephalomyelitis

The transcription factors signal transducer and activator of transcription (STAT)1 and T-bet control the differentiation of interferon (IFN)-γ–producing T helper type (Th)1 cells. Here we compare the role of T-bet and STAT1 in the initiation and regulation of experimental autoimmune encephalomyelitis (EAE), a disease initiated by Th1 cells. T-bet–deficient mice immunized with myelin oligodendrocyte glycoprotein (MOG) were resistant to the development of EAE. This protection was also observed when T-bet−/− mice were crossed to the MOG-specific 2D2 T cell receptor transgenic strain. In contrast, although T-bet is downstream of STAT1, STAT1−/− mice were highly susceptible to EAE and developed more severe and accelerated disease with atypical neuropathologic features. The function of T-bet was dominant as mice deficient in both T-bet and STAT1 were also protected from EAE. CD4+ CD25+ regulatory T cells from these two mice strains were fully competent and do not explain the difference in disease susceptibility. However, enhanced EAE in STAT1−/− mice was associated with continued generation of IFN-γ–producing Th1 cells and up-regulation of selective chemokines responsible for the increased recruitment of macrophages and neutrophils in the central nervous system. Although the two transcription factors, STAT1 and T-bet, both induce IFN-γ gene transcription, our results demonstrate marked differences in their function in regulating pathogenic Th1 cell responses

Langmuir Turbulence under Hurricane Gustav (2008)

Extreme winds and complex wave fields drive upper-ocean turbulence in tropical cyclone conditions. Motivated by Lagrangian float observations of bulk vertical velocity variance (VVV) under Hurricane Gustav (2008), upper-ocean turbulence is investigated based on large-eddy simulation (LES) of the wave-averaged Navier–Stokes equations. To realistically capture wind- and wave-driven Langmuir turbulence (LT), the LES model imposes the Stokes drift vector from spectral wave simulations; both the LES and wave model are forced by the NOAA Hurricane Research Division (HRD) surface wind analysis product. Results strongly suggest that without LT effects simulated VVV underestimates the observed VVV. LT increases the VVV, indicating that it plays a significant role in upper-ocean turbulence dynamics. Consistent with observations, the LES predicts a suppression of VVV near the hurricane eye due to wind-wave misalignment. However, this decrease is weaker and of shorter duration than that observed, potentially due to large-scale horizontal advection not present in the LES. Both observations and simulations are consistent with a highly variable upper ocean turbulence field beneath tropical cyclone cores. Bulk VVV, a TKE budget analysis, and anisotropy coefficient (ratio of horizontal to vertical velocity variances) profiles all indicate that LT is suppressed to levels closer to that of shear turbulence (ST) due to misaligned wind and wave fields. VVV approximately scales with the directional surface layer Langmuir number. Such a scaling provides guidance for the development of an upper-ocean boundary layer parameterization that explicitly depends on sea state

Rapid Development of the Seeker Free-Flying Inspector Guidance, Navigation, and Control System

Seeker is an automated extravehicular free-flying inspector CubeSat designed and built in-house at the Johnson Space Center (JSC). As a Class 1E project funded by the International Space Station (ISS) Program, Seeker had a stream-lined process to flight certification, but the vehicle had to be designed, developed, tested, and delivered within approximately one year after authority to proceed (ATP) and within a $1.8 million budget. These constraints necessitated an expedited Guidance, Navigation, and Control (GNC) development schedule. Development began with a navigation sensor trade study using Linear Covariance (LinCov) analysis and a rapid sensor down-selection process, resulting in the use of commercial off-the-shelf (COTS) sensors which could be procured quickly and subjected to in-house environmental testing to qualify them for flight. A neural network was used to enable a COTS camera to provide bearing measure-ments for visual navigation. The GNC flight software (FSW) algorithms utilized lean development practices and leveraged the Core Flight Software (CFS) architecture to rapidly develop the GNC system, tune the system parameters, and verify performance in simulation. This pace was anchored by several Hardware-Software Integration (HSI) milestones, which forced the Seeker GNC team to develop the interfaces both between hardware and software and between the GNC domains early in the project and to enable a timely delivery

Neutrophil histamine contributes to inflammation in mycoplasma pneumonia

Mycoplasmas cause chronic inflammation and are implicated in asthma. Mast cells defend against mycoplasma infection and worsen allergic inflammation, which is mediated partly by histamine. To address the hypothesis that mycoplasma provokes histamine release, we exposed mice to Mycoplasma pulmonis, comparing responses in wild-type and mast cell–deficient KitW-sh/KitW-sh (W-sh) mice. Low histamine levels in uninfected W-sh mice confirmed the conventional wisdom that mast cells are principal sources of airway and serum histamine. Although mycoplasma did not release histamine acutely in wild-type airways, levels rose up to 50-fold above baseline 1 week after infection in mice heavily burdened with neutrophils. Surprisingly, histamine levels also rose profoundly in infected W-sh lungs, increasing in parallel with neutrophils and declining with neutrophil depletion. Furthermore, neutrophils from infected airway were highly enriched in histamine compared with naive neutrophils. In vitro, mycoplasma directly stimulated histamine production by naive neutrophils and strongly upregulated mRNA encoding histidine decarboxylase, the rate-limiting enzyme in histamine synthesis. In vivo, treatment with antihistamines pyrilamine or cimetidine decreased lung weight and severity of pneumonia and tracheobronchitis in infected W-sh mice. These findings suggest that neutrophils, provoked by mycoplasma, greatly expand their capacity to synthesize histamine, thereby contributing to lung and airway inflammation

Improved Standardization of Type II-P Supernovae: Application to an Expanded Sample

In the epoch of precise and accurate cosmology, cross-confirmation using a variety of cosmographic methods is paramount to circumvent systematic uncertainties. Owing to progenitor histories and explosion physics differing from those of Type Ia SNe (SNe Ia), Type II-plateau supernovae (SNe II-P) are unlikely to be affected by evolution in the same way. Based on a new analysis of 17 SNe II-P, and on an improved methodology, we find that SNe II-P are good standardizable candles, almost comparable to SNe Ia. We derive a tight Hubble diagram with a dispersion of 10% in distance, using the simple correlation between luminosity and photospheric velocity introduced by Hamuy & Pinto 2002. We show that the descendent method of Nugent et al. 2006 can be further simplified and that the correction for dust extinction has low statistical impact. We find that our SN sample favors, on average, a very steep dust law with total to selective extinction R_V<2. Such an extinction law has been recently inferred for many SNe Ia. Our results indicate that a distance measurement can be obtained with a single spectrum of a SN II-P during the plateau phase combined with sparse photometric measurements.Comment: ApJ accepted version. Minor change

Measurement Bias in Caregiver-Report of Early Childhood Behavior Problems across Demographic Factors in an Echo-Wide Diverse Sample

BACKGROUND: Research and clinical practice rely heavily on caregiver-report measures, such as the Child Behavior Checklist 1.5-5 (CBCL/1.5-5), to gather information about early childhood behavior problems and to screen for child psychopathology. While studies have shown that demographic variables influence caregiver ratings of behavior problems, the extent to which the CBCL/1.5-5 functions equivalently at the item level across diverse samples is unknown. METHODS: Item-level data of CBCL/1.5-5 from a large sample of young children ( RESULTS: Items with the most impactful DIF across child and caregiver groupings were identified for Internalizing, Externalizing, and total Problems. The robust item sets, excluding the high DIF items, showed good reliability and high correlation with the original Internalizing and total Problems scales, with lower reliability for Externalizing. Language version of CBCL administration, education level and sex of the caregiver respondent showed the most significant impact on MI, followed by child age. Sensitivity analyses revealed that child race has a unique impact on DIF over and above socioeconomic status. CONCLUSIONS: The CBCL/1.5-5, a caregiver-report measure of early childhood behavior problems, showed bias across demographic groups. Robust item sets with less DIF can measure Internalizing and total Problems equally as well as the full item sets, with slightly lower reliability for Externalizing, and can be crosswalked to the metric of the full item set, enabling calculation of normed T scores based on more robust item sets

Constraints on the Progenitor System of the Type Ia Supernova SN 2011fe/PTF11kly

Type Ia supernovae (SNe) serve as a fundamental pillar of modern cosmology, owing to their large luminosity and a well-defined relationship between light-curve shape and peak brightness. The precision distance measurements enabled by SNe Ia first revealed the accelerating expansion of the universe, now widely believed (though hardly understood) to require the presence of a mysterious "dark" energy. General consensus holds that Type Ia SNe result from thermonuclear explosions of a white dwarf (WD) in a binary system; however, little is known of the precise nature of the companion star and the physical properties of the progenitor system. Here we make use of extensive historical imaging obtained at the location of SN 2011fe/PTF11kly, the closest SN Ia discovered in the digital imaging era, to constrain the visible-light luminosity of the progenitor to be 10-100 times fainter than previous limits on other SN Ia progenitors. This directly rules out luminous red giants and the vast majority of helium stars as the mass-donating companion to the exploding white dwarf. Any evolved red companion must have been born with mass less than 3.5 times the mass of the Sun. These observations favour a scenario where the exploding WD of SN 2011fe/PTF11kly, accreted matter either from another WD, or by Roche-lobe overflow from a subgiant or main-sequence companion star.Comment: 22 pages, 6 figures, submitte

A Type Ia Supernova at Redshift 1.55 in Hubble Space Telescope Infrared Observations from CANDELS

We report the discovery of a Type Ia supernova (SNIa) at redshift z=1.55 with the infrared detector of the Wide Field Camera 3 (WFC3-IR) on the Hubble Space Telescope (HST). This object was discovered in CANDELS imaging data of the Hubble Ultra Deep Field, and followed as part of the CANDELS+CLASH Supernova project, comprising the SN search components from those two HST multi-cycle treasury programs. This is the highest redshift SNIa with direct spectroscopic evidence for classification. It is also the first SN Ia at z>1 found and followed in the infrared, providing a full light curve in rest-frame optical bands. The classification and redshift are securely defined from a combination of multi-band and multi-epoch photometry of the SN, ground-based spectroscopy of the host galaxy, and WFC3-IR grism spectroscopy of both the SN and host. This object is the first of a projected sample at z>1.5 that will be discovered by the CANDELS and CLASH programs. The full CANDELS+CLASH SN Ia sample will enable unique tests for evolutionary effects that could arise due to differences in SN Ia progenitor systems as a function of redshift. This high-z sample will also allow measurement of the SN Ia rate out to z~2, providing a complementary constraint on SN Ia progenitor models.Comment: 10 pages, 6 figures, accepted for publication in Ap