It\u27s as Clear as Mud: A Call to Amend the Federal Trademark Dilution Act of 1995

The Federal Trademark Dilution Act ( FTDA ) has failed to protect, in the manner intended by Congress, the subset of trademarks that have achieved a high threshold of fame from subsequent uses that dilute or tarnish those trademarks. Courts have applied inconsistent measures of fame to the trademarks of the litigants before them and a poor wording choice in the drafting of the FTDA has led the Supreme Court to conclude that famous trademarks must sustain actual harm to their distinctiveness before their owners can receive the equitable remedy provided under the Act. Based on the legislative history of the Act, both of these situations are contrary to Congress\u27s intent, and they reduce the effectiveness of the FTDA. This Article argues that Congress should now amend the FTDA to create a famous mark register, which will lead to more consistent determinations of the fame of a trademark, and will clearly permit an equitable remedy before famous trademarks lose any of their distinctiveness

It\u27s as Clear as Mud: A Call to Amend the Federal Trademark Dilution Act of 1995

The Federal Trademark Dilution Act ( FTDA ) has failed to protect, in the manner intended by Congress, the subset of trademarks that have achieved a high threshold of fame from subsequent uses that dilute or tarnish those trademarks. Courts have applied inconsistent measures of fame to the trademarks of the litigants before them and a poor wording choice in the drafting of the FTDA has led the Supreme Court to conclude that famous trademarks must sustain actual harm to their distinctiveness before their owners can receive the equitable remedy provided under the Act. Based on the legislative history of the Act, both of these situations are contrary to Congress\u27s intent, and they reduce the effectiveness of the FTDA. This Article argues that Congress should now amend the FTDA to create a famous mark register, which will lead to more consistent determinations of the fame of a trademark, and will clearly permit an equitable remedy before famous trademarks lose any of their distinctiveness

Selective deletion of cochlear hair cells causes rapid age-dependent changes in spiral ganglion and cochlear nucleus neurons

During nervous system development, critical periods are usually defined as early periods during which manipulations dramatically change neuronal structure or function, whereas the same manipulations in mature animals have little or no effect on the same property. Neurons in the ventral cochlear nucleus (CN) are dependent on excitatory afferent input for survival during a critical period of development. Cochlear removal in young mammals and birds results in rapid death of target neurons in the CN. Cochlear removal in older animals results in little or no neuron death. However, the extent to which hair-cell-specific afferent activity prevents neuronal death in the neonatal brain is unknown. We further explore this phenomenon using a new mouse model that allows temporal control of cochlear hair cell deletion. Hair cells express the human diphtheria toxin (DT) receptor behind the Pou4f3 promoter. Injections of DT resulted in nearly complete loss of organ of Corti hair cells within 1 week of injection regardless of the age of injection. Injection of DT did not influence surrounding supporting cells directly in the sensory epithelium or spiral ganglion neurons (SGNs). Loss of hair cells in neonates resulted in rapid and profound neuronal loss in the ventral CN, but not when hair cells were eliminated at a more mature age. In addition, normal survival of SGNs was dependent on hair cell integrity early in development and less so in mature animals. This defines a previously undocumented critical period for SGN survival

Commissioning of an ultra-high dose rate pulsed electron beam medical LINAC for FLASH RT preclinical animal experiments and future clinical human protocols.

To present the acceptance and the commissioning, to define the reference dose, and to prepare the reference data for a quality assessment (QA) program of an ultra-high dose rate (UHDR) electron device in order to validate it for preclinical animal FLASH radiotherapy (FLASH RT) experiments and for FLASH RT clinical human protocols. The Mobetron <sup>®</sup> device was evaluated with electron beams of 9 MeV in conventional (CONV) mode and of 6 and 9 MeV in UHDR mode (nominal energy). The acceptance was performed according to the acceptance protocol of the company. The commissioning consisted of determining the short- and long-term stability of the device, the measurement of percent depth dose curves (PDDs) and profiles at two different positions (with two different dose per pulse regimen) and for different collimator sizes, and the evaluation of the variability of these parameters when changing the pulse width and pulse repetition frequency. Measurements were performed using a redundant and validated dosimetric strategy with alanine and radiochromic films, as well as Advanced Markus ionization chamber for some measurements. The acceptance tests were all within the tolerances of the company's acceptance protocol. The linearity with pulse width was within 1.5% in all cases. The pulse repetition frequency did not affect the delivered dose more than 2% in all cases but 90 Hz, for which the larger difference was 3.8%. The reference dosimetry showed a good agreement within the alanine and films with variations of 2.2% or less. The short-term (resp. long-term) stability was less than 1.0% (resp. 1.8%) and was the same in both CONV and UHDR modes. PDDs, profiles, and reference dosimetry were measured at two positions, providing data for two specific dose rates (about 9 Gy/pulse and 3 Gy/pulse). Maximal beam size was 4 and 6 cm at 90% isodose in the two positions tested. There was no difference between CONV and UHDR mode in the beam characteristics tested. The device is commissioned for FLASH RT preclinical biological experiments as well as FLASH RT clinical human protocols

Comparison of radiative and structural properties of 1.3 µm InxGa(1-x)As quantum-dot laser structures grown by metalorganic chemical vapor deposition and molecular-beam epitaxy: Effect on the lasing properties

The authors have studied the radiative and structural properties of identical InxGa(1-x)As quantum dot laser structures grown by metalorg. CVD (MOCVD) and MBE. Despite the comparable emission properties found in the two devices by photoluminescence, electroluminescence, and photocurrent spectroscopy, efficient lasing from the ground state is achieved only in the MBE sample, whereas excited state lasing was obtained in the MOCVD device. Such a difference is ascribed to the existence of the internal dipole field in the MOCVD structure, induced by the strong faceting of the dots, as obsd. by high-resoln. TEM. [on SciFinder (R)

Coherent control of polariton parametric scattering in semiconductor microcavities

In a pump-probe experiment, we have been able to control, with phase-locked probe pulses, the ultrafast nonlinear optical emission of a semiconductor microcavity, arising from polariton parametric amplification. This evidences the coherence of the polariton population near k = 0, even for delays much longer than the pulse width. The control of a large population at k = 0 is possible although the probe pulses are much weaker than the large polarization they control. With rising pump power the dynamics of the scattering get faster. Just above threshold the parametric scattering process shows unexpected long coherence times, whereas when pump power is risen the contrast decays due to a significant pump reservoir depletion. The weak pulses at normal incidence control the whole angular emission pattern of the microcavity

The Open Global Glacier Model (OGGM) v1.1

Despite their importance for sea-level rise, seasonal water availability, and as a source of geohazards, mountain glaciers are one of the few remaining subsystems of the global climate system for which no globally applicable, open source, community-driven model exists. Here we present the Open Global Glacier Model (OGGM), developed to provide a modular and open-source numerical model framework for simulating past and future change of any glacier in the world. The modeling chain comprises data downloading tools (glacier outlines, topography, climate, validation data), a preprocessing module, a mass-balance model, a distributed ice thickness estimation model, and an ice-flow model. The monthly mass balance is obtained from gridded climate data and a temperature index melt model. To our knowledge, OGGM is the first global model to explicitly simulate glacier dynamics: the model relies on the shallow-ice approximation to compute the depth-integrated flux of ice along multiple connected flow lines. In this paper, we describe and illustrate each processing step by applying the model to a selection of glaciers before running global simulations under idealized climate forcings. Even without an in-depth calibration, the model shows very realistic behavior. We are able to reproduce earlier estimates of global glacier volume by varying the ice dynamical parameters within a range of plausible values. At the same time, the increased complexity of OGGM compared to other prevalent global glacier models comes at a reasonable computational cost: several dozen glaciers can be simulated on a personal computer, whereas global simulations realized in a supercomputing environment take up to a few hours per century. Thanks to the modular framework, modules of various complexity can be added to the code base, which allows for new kinds of model intercomparison studies in a controlled environment. Future developments will add new physical processes to the model as well as automated calibration tools. Extensions or alternative parameterizations can be easily added by the community thanks to comprehensive documentation. OGGM spans a wide range of applications, from ice–climate interaction studies at millennial timescales to estimates of the contribution of glaciers to past and future sea-level change. It has the potential to become a self-sustained community-driven model for global and regional glacier evolution.</p

A study to assess changes in myocardial perfusion after treatment with spinal cord stimulation and percutaneous myocardial laser revascularisation; data from a randomised trial

<p>Abstract</p> <p>Background</p> <p>Spinal cord stimulation (SCS) and percutaneous myocardial laser revascularisation (PMR) are treatment modalities used to treat refractory angina pectoris, with the major aim of such treatment being the relief of disabling symptoms. This study compared the change in myocardial perfusion following SCS and PMR treatment.</p> <p>Methods</p> <p>Subjects with Canadian Cardiovascular Society class 3/4 angina and reversible perfusion defects as assessed by single-photon emission computed tomographic myocardial perfusion scintigraphy were randomised to SCS (34) or PMR (34). 28 subjects in each group underwent repeat myocardial perfusion imaging 12 months post intervention. Visual scoring of perfusion images was performed using a 20-segment model and a scale of 0 to 4.</p> <p>Results</p> <p>The mean (standard deviation) baseline summed rest score (SRS) and stress scores (SSS) were 4.6 (5.7) and 13.6 (9.0) in the PMR group and 6.1 (7.4) and 16.8 (11.6) in the SCS group. At 12 months, SRS was 5.5 (6.0) and SSS 15.3 (11.3) in the PMR group and 6.9 (8.2) and 15.1 (10.9) in the SCS group. There was no significant difference between the two treatment groups adjusted for baseline (p = 1.0 for SRS, p = 0.29 for SSS).</p> <p>Conclusion</p> <p>There was no significant difference in myocardial perfusion one year post treatment with SCS or PMR.</p