Ending The Circuit Split Over Use Of A Competing Mark In Advertising—The Blackstone Code, 5 J. Marshall Rev. Intell. Prop. L. 157 (2006)

In KP Permanent, the Supreme Court recently confirmed that plaintiffs in trademark infringement cases under the Lanham Act have the burden of proving likelihood of confusion. As such, this article argues that lower courts do not have the authority to switch that burden of proof for such claims, even though they involve nominative uses (in which defendant is using the actual mark of plaintiff as plaintiff’s source identifier and not as a description of the defendant\u27s products or services). This article also argues that because Congress created affirmative fair use defenses for descriptive uses of marks and for trademark dilution, but did not authorize such defense for nominative uses, courts do not have the authority to create a separate fair use test where defendants have the burden of proof on “fairness.” Finally, the article shows that there is no need for a separate nominative fair use test and that some of the unique issues that arise with nominative uses may justify switching to defendants the burden of production, but not the burden of proof, on likelihood of confusion

Self fish

Without the pursuit of love and happiness, breath is simply the sand of an hourglass pouring away to our time of passing. Love is the reason we are alive. To spend even a moment in misery is a moment wasted. Love is the goal of humanity. Everyone has or will experience love in its many forms over the course of a lifetime. Many, out of ignorance, habit, or sheer desperation, will fall in love with the wrong person. Most of us have or will have that one failed relationship, the one we reflect on as the relationship that taught us the most about who we are, what makes us happy, and what we seek or try to avoid in a mate. Through failure we learn what we can improve about ourselves. We learn that there are no perfect people and to try to make them that way is a losing battle, a never-ending, fruitless effort. Regardless, we will always try. Our happiness is dependent upon our honesty in defining ourselves. That is, if you are not happy, you cannot make yourself so simply by ignoring your own needs and catering to the needs of others. Additionally, you cannot make others happy by projecting your happiness upon them. When we are happy, we are being honest, even if only with ourselves. Unhappiness is wanting. If our needs are not being met, we seek to fulfill them, regardless of the consequences and often at the expense of our relationships and those we care about. In Self Fish, the hero has all that he needs, all except someone to share his life with. He is in search of a companion that he can love and who will love him in return. He is wary, as anyone would be, of welcoming someone into his world. Eventually He finds what he thinks will be a loyal, low-maintenance companion: the fish. We all know that in real life, fish are not a pet that one would typically consider affectionate. You can\u27t touch or pet a fish, and fish do not show loyalty or attachment. They can\u27t coexist in our environment without a substantial investment in special equipment. And, although fish owners insist on naming and assigning personality traits to their beloved aquatic friends, fish have but one facial expression, and are not capable of even simulating emotion. We are nothing to fish but a potential predators or potential prey. The fish character in my film is a metaphor for just this sort of emotional detachment. My fish character does emote; it shows significant discomfort, but does not reciprocate the love the hero has for the fish. It only admires its own reflection. Try as he might to please the fish, the hero cannot convince the fish to love him in return. His love turns to frustration, then to desperation, to resentment, and eventually to hatred. In the end he is helplessly trapped in an unreciprocated relationship where all amenities favor the fish. I have played the role of the main character depicted in my film many times in my life, but, more often than not, I have played the role of the fish. To those for whom I have been a fish, I sincerely apologize for my self-fishness. Please consider this story as an acknowledgement of guilt and an attempt to convey my regret for having treated you so cruelly. It seems one needs to be a fish before he can become a man. One needs to be a man before he can realize he has been a fish

Experimental heat transfer coefficients for the cooling of oil in horizontal internal forced convective transitional flow

A dissertation submitted to the Faculty of Engineering, University of the Witwatersrand, Johannesburg for the Degree of Master of Science in Chemical Engineering. Johannesburg, 198

The Manipulation of Visual and Aural Allegorical Images on Motion Picture Film

As a means of expression and communication, I have found motion picture film to be the most rewarding arid satisfying artistic medium I have yet encountered with the exception of musical sounds. Because I feel a strong affinity for both film and music on a nearly equal basis, and because the two art forms compliment each other in practical and aesthetic senses, I have attempted to develop from established film theories, a personal and therefore unique approach to the combination of sound and picture images and the statement held therein

CODING FOR LIFE - SHOULD ANY ENTITY HAVE THE EXCLUSIVE RIGHT TO USE AND SELL ISOLATED DNA?

Myriad Genetics, Inc. ("Myriad") obtained patents in the 1990s on two "isolated" human breast and ovarian cancer susceptibility genes ("BRCA").  Myriad did not list all the isolated sequences it claims to have a right to monopolize, but instead claims a patent on the physical phenomena itself  -- all DNA segments that code for the BRCA1 polypeptide, even the sequences Myriad has not identified and even those someone else in the future creates or isolates the sequences of through a method or methods not contemplated by Myriad. An impressive array of non-profit medical societies, doctors and patients sued to have the Myriad patents declared invalid.  In 2010, the District Court for the Southern District of New York held in Association for Molecular Pathology v. United States Patent and Trademark Office that the claimed product patents for isolated DNA segments constituted unpatentable subject matter under 35 U.S.C. §101.  On July 29, 2011, a divided panel of the Federal Circuit reversed the District Court and held that the isolated DNA segments constituted patentable subject matter.  Of the three member panel, Judge Lourie concluded that the isolated DNA was markedly different than the native DNA, so constituted patentable subject matter.  Although Judge Moore agreed that certain DNA segments constituted patentable subject matter, she believed that the longer isolated DNA segments probably did not constitute patentable subject matter.  However, primarily in light of the fact that the US Patent and Trademark Office has been granting patents for isolated DNA  for years, Judge Moore concurred in the judgment of Judge Lourie.  Judge Bryson concurred on one of the product claims  (for synthetic cDNA) but dissented on claims pertaining to the isolated DNA segments on the grounds that isolated DNA did not differ markedly from the native DNA and that the function of the isolated DNA was identical to the function of the native DNA.The Supreme Court stated that "Congress may not authorize the issuance of patents whose effects are to remove existent knowledge from the  public domain, or to restrict free access to materials already available."  This article argues that the Federal Circuit - not Congress - has done just that and has given Myriad a wall to restrict free access to materials that have literally been in humans for centuries.  The isolated DNA segments of claim 1 do exactly the same coding as do the native segments--nothing more; nothing less.  The segments of claim 1 do not act as primers or probes, so they do not have markedly different characteristics or utility than native DNA, which the Supreme Court has ruled courts must consider.  Moreover, the functioning of the sequence of the nucleotide bases is a physical phenomenon that Myriad has not created but has captured in its claim.  Judges Lourie and Moore disregarded Supreme Court precedent and the fundamental principle that physical phenomena are not patentable subject matter

Laser spectroscopic studies of plasma

This thesis describes the application of sensitive optical absorption techniques in order to probe inductively coupled plasmas of oxygen and nitrogen. Radio frequency plasmas formed from these simple molecular species have found an increasingly important role in many industrial applications and high resolution spectroscopy provides a means to probe their chemistry with unrivalled specificity and sensitivity. In particular, this work applies the technique of cavity ringdown spectroscopy (CRDS) to detect atomic, ionic and electronically excited molecular species as a function of plasma operating conditions. The plasma probed in this work is created in a low pressure (10 − 100 mTorr) inductively coupled plasma chamber by application of up to 500 W of 13.56 MHz radio frequency power via a 1.5 turn double spiral antenna in a stove top arrangement. The optical cavity utilised in the measurements probes the plasma 120 mm below to top window (which separates the driven coil from the plasma) and 50 mm above the lower, ground electrode. CRDS results are supplemented with observations of plasma emission spectra and comprehensively interpreted by kinetic modelling. The work is divided into two sections according to the plasma being probed. The first section concerns oxygen plasma with CRDS measurements of O(3P) and O2(a1∆g) utilising forbidden transitions. These measurements reveal dissociation fractions as high as ≈ 15%, metastable molecule fractions of ≈ 5% and translation temperatures up to ≈ 450 K. The target species, by virtue of their different threshold energies for electron impact production, provide insight into different regions of the electron energy distribution function (EEDF). As a result, measurements of O(3P) and O2(a1∆g) in combination with a volume averaged kinetic plasma model allow changes in the EEDF to be investigated as the plasma transitions from the E to the H-mode of operation. In addition, aspects of the spectroscopy of O2(a1∆g) are clarified with respect to the appropriate sum rule for Honl-London factors, necessary in order to properly deduce absolute concentrations. The volume averaged modelling, although quantitatively useful, does not account for spatial inhomogeneity within the plasma. This inhomogeneity is investigated using measurements of O2(X3Σ−g) in the v = 0 and v = 1 vibrational states. These observations also elucidate the degree of vibrational excitation within the plasma and reveal a vibrational temperature (amongst the low v states) of ≈ 750 ± 150 K at 100 mTorr and 300 W. A 1D model utilising physically reasonable line of sight variation in plasma temperature and composition corroborates the CRDS measurements. The second section of this thesis concerns nitrogen plasma and focuses on CRD measurements of the molecular cation, N+2(X2Σ+g ), and the electronically excited N2(A3Σ+u) state. These species can be probed using allowed transitions, but due to their low density, the sensitivity enhancement afforded by CRDS is still advantageous. Notably, the use of large intracavity radiation intensities to probe allowed transitions results in optical saturation, the effects of which must be carefully accounted for when determining species temperatures and densities. With adjustments made for the effects of optical saturation the CRD measurements show ion (and therefore electron) densities of the order of 109−1010 cm−3 in the plasma bulk (depending on operating conditions) and metastable densities an order of magnitude higher. Interestingly the two species show rather different translational temperatures with the ions typically ≈ 1000 K and the metastables ≈ 600 K. Once again the absolute density measurements are interpreted in terms of a volume averaged kinetic model. The model reveals a limitation in the understanding of nitrogen discharges that has arisen consistently in the literature, namely, the inability to account quantitatively for the density of Nu(A3Σ+u the literature rate coefficients for the processes typically deemed most important in its production and loss. The possible reasons for the discrepancy are explored in depth. In addition, spatially resolved measurements of the same nitrogen species are presented, with particular reference to how ion densities change as the edge of the chamber is approached (in regions known as the plasma pre-sheath and sheath). Measurements with a spatial resolution of ≈ 100 µm show that the ion density is reduced by almost an order of magnitude close to the chamber’s lower electrode. Finally, the effects of saturation on the CRD spectra are explored and the possible contributions to the Lamb dip width are discussed in the context of spectral broadening mechanisms. The laser linewidth is measured by a self-heterodyne beat note experiment to be < 100 kHz indicating that it contributes little to the observed Lamb dip widths (> 100 MHz) and that other processes are dominant. It is concluded that, whilst power broadening plays a significant role in explaining the width of the Lamb dips, the dominant cause of the broadening is unresolved hyperfine structure arising due to the non-zero nuclear spin of 14N

A Market-based Approach to Multi-factory Scheduling

In this paper, we report on the design of a novel market-based approach for decentralised scheduling across multiple factories. Specifically, because of the limitations of scheduling in a centralised manner -- which requires a center to have complete and perfect information for optimality and the truthful revelation of potentially commercially private preferences to that center -- we advocate an informationally decentralised approach that is both agile and dynamic. In particular, this work adopts a market-based approach for decentralised scheduling by considering the different stakeholders representing different factories as self-interested, profit-motivated economic agents that trade resources for the scheduling of jobs. The overall schedule of these jobs is then an emergent behaviour of the strategic interaction of these trading agents bidding for resources in a market based on limited information and their own preferences. Using a simple (zero-intelligence) bidding strategy, we empirically demonstrate that our market-based approach achieves a lower bound efficiency of 84%. This represents a trade-off between a reasonable level of efficiency (compared to a centralised approach) and the desirable benefits of a decentralised solution