A Counterintuitive Approach to the Interaction Between Trademarks and Freedom of Expression in the US and Europe: A Two-Way Relationship

As trademarks have evolved to perform an expressive function, courts and scholars on both sides of the Atlantic have devoted increased attention to elucidating when, and how, marks and speech interact. Three forms of interaction can be identified in US and European case law. First, in infringement litigation, a defendant can invoke speech with a view toward insulating from liability his unauthorized use of plaintiff’s mark for expressive purposes, usually for parody or commentary. Second, in trademark registration, unsuccessful applicants can invoke speech to challenge the validity of a refusal of registration. And third, in constitutional challenges, a trademark owner can invoke speech in seeking to strike down public measures encroaching on trademark use. Regrettably, to date, commentators have had a tendency to focus on one form of interaction at a time, placing special emphasis on infringement cases. Their analyses and proposals for reform have privileged this form of interaction in an effort to avoid the severe repercussions that unbridled enforcement of trademark rights could have on defendants’ speech. This has led to an impoverished understanding of the interaction between marks and speech, broadly considered. In the absence of comprehensive studies covering the diversity of instances where both sets of rights interact, conventional wisdom posits that their interaction is unidirectional, in the sense that trademark rights chill expression. This Article seeks to redress this misconception by engaging in a taxonomic analysis of the diverse scenarios in which marks and speech interact. Their joint study reveals that this interaction is best understood as a two-way street, where freedom of expression can simultaneously limit and validate trademark rights. This Article posits that the proposed reconceptualization of the interaction between marks and speech can contribute significantly to the advancement of the field

Tandem Mobility Mass Spectrometry Study of Electrosprayed Tetraheptyl Ammonium Bromide Clusters

Multiply charged electrospray ions from concentrated solutions of Heptyl4N+Br− (designated A+B− hereafter) in formamide are analyzed mass spectrometrically (MS) following mobility selection in ambient air in a differential mobility analyzer (DMA). Most of the sharp mobility peaks seen are identified as (AB)nA+ clusters, with 0 ≤ n ≤ 5. One anomalously abundant and mobile ion is identified as NH4+(AB)4. Six ions in the (AB)n(A+)2 series are also identified, completing and correcting earlier mobility data for singly and doubly charged ions up to masses of almost 9000 Da. The more mobile of two broad humps seen in the mobility spectrum includes m/z values approximately from 2500 up to 12,000 Da. It is formed primarily by multiply charged (AB)n(A+)z clusters with multiple ammonium bromide adducts. Because of overlapping of many peaks of different m/z and charge state z, only a few individual species can be identified by MS alone in this highly congested region. However, the spectral simplification brought about by mobility selection upstream of the MS reveals a series of broad modulations in m/z space, with all ions resolved in the second, third, …sixth modulation being in charge states z = 2, 3, …6, respectively. Extrapolation of this trend beyond the sixth wave fixes the ion charge state (in some cases up to z = 15) and mass (beyond m = 175,000 u). This wavy structure had been previously observed and explained in terms of ion evaporation kinetics from volatile drops, though without mass identification. All observations indicate that the clusters are formed as charged residues, but their charge state is fixed by the Iribarne-Thomson ion evaporation mechanism. Consequently, the measured curve of cluster diameter versus z yields the two parameters governing ion evaporation kinetics. Clusters with z > 1 and electrical mobility Z > 0.495 cm2/V/s are metastable and evaporate a singly charged cluster, probably (AB)2A+, between the DMA and the MS. Plotting the electrical mobilities Z of the clusters in the form (z/Z)1/2 versus m1/3 (both proportional to cluster diameter) collapse the data for all cluster sizes and charge states into one single straight line for Z below 0.495 cm2/V/s. This linear relation reveals a uniform apparent cluster density of 0.935 g/cm3 and an effective hard-sphere diameter of the air molecules of 0.44 nm. An anomalous mobility increase is observed at diameters below 3 nm

Uso de microalgas inmovilizadas en biofilm para tratamiento de aguas residuales

Los sistemas desarrollados para el cultivo de las microalgas pueden clasificarse en dos grandes grupos, en función de la forma de desarrollo de las poblaciones algales: cultivos en suspensión y cultivos inmovilizados. A su vez, ambos sistemas de cultivo pueden ser abiertos o cerrados, según que las microalgas y el medio de cultivo estén en contacto directo con el aire atmosférico o no. Los cultivos de microalgas inmovilizadas en una superficie que actúa de soporte, forman un 'biofilm' contínuo sobre dicha superficie formando un ecosistema específico de agregación denominado 'biofilm', normalmente constituido por varias especies, incluyendo bacterias, aunque puede haber alguna predominante. Las principales ventajas que tienen los fotobior reactores de biofilm sobre los de células suspendidas son: a) Facilidad para la cosecha, b) Mayor concentración por unidad de volumen de medio, c) reducción o ausencia de células en el efluente, d) reducción en la necesidad de energía y e) mayor eficiencia en el empleo de la radiación recibida por unidad de superficie de suelo. El uso de fotobiorreactores abiertos de microalgas inmovilizadas es relativamente reciente, dirigiéndose los desarrollos en dos direcciones: una que considera el soporte del biofilm fijo, siendo el medio acuoso el que se mueve sobre él y otra que considera el soporte del biofilm móvil en un medio acuático estático o de lento movimiento. Al primero de los tipos pertenece el fotobiorreactor laminar desarrollado por el Grupo de Agroenergética de la UPM (GA-UPM) (patente ES 2 347 515 B2 ), especialmente concebido para la captación del CO2 procedente de emisiones y para la producción de biomasa algal. Otro desarrollo del GA-UPM perteneciente al segundo tipo ha sido un fotobiorreactor de biodisco de eje flotante, que elimina los inconvenientes de los contactores de biodisco tradicionales, ya que no necesita cojinetes de apoyo ni eje rígido y al estar dotado de un propulsor hidrobárico consume muy poca energía, sin limitación técnica en cuanto a la longitud total del eje. (Modelo de Utilidad ES 1 099 707 U). Este fotobiorreactor está especialmente diseñado para la eliminación de nutrientes (N y P) de los efluentes del secundario de las EDAR y también puede utilizarse como un contactor tradicional de biodiscos para eliminación de la materia orgánica de las aguas residuales con indudables ventajas de reducción de costes de instalación y funcionamiento

Allocation of 14C assimilated in late spring to tissue and biochemical stem components of cork oak (Quercus suber L.) over the seasons

Carbon distribution in the stem of 2-year-old cork oak plants was studied by 14CO2 pulse labeling in late spring in order to trace the allocation of photoassimilates to tissue and biochemical stem components of cork oak. The fate of 14C photoassimilated carbon was followed during two periods: the first 72 h (short-term study) and the first 52 weeks (long-term study) after the 14CO2 photosynthetic assimilation. The results showed that 14C allocation to stem tissues was dependent on the time passed since photoassimilation and on the season of the year. In the first 3 h all 14C was found in the polar extractives. After 3 h, it started to be allocated to other stem fractions. In 1 day, 14C was allocated mostly to vascular cambium and, to a lesser extent, to primary phloem; no presence of 14C was recorded for the periderm. However, translocation of 14C to phellem was observed from 1 week after 14CO2 pulse labeling. The phellogen was not completely active in its entire circumference at labeling, unlike the vascular cambium; this was the tissue that accumulated most photoassimilated 14C at the earliest sampling. The fraction of leaf-assimilated 14C that was used by the stem peaked at 57% 1 week after 14CO2 plant exposure. The time lag between C photoassimilation and suberin accumulation was ∼8 h, but the most active period for suberin accumulation was between 3 and 7 days. Suberin, which represented only 1.77% of the stem weight, acted as a highly effective sink for the carbon photoassimilated in late spring since suberin specific radioactivity was much higher than for any other stem component as early as only 1 week after 14C plant labeling. This trend was maintained throughout the whole experiment. The examination of microautoradiographs taken over 1 year provided a new method for quantifying xylem growth. Using this approach it was found that there was more secondary xylem growth in late spring than in other times of the year, because the calculated average cell division time was much shorter

A proposal for pellet production from residual woody biomass in the island of Majorca (Spain)

The use of residual biomass for energy purposes is of great interest in isolated areas like Majorca for waste reduction, energy sufficiency and renewable energies development. In addition, densification processes lead to easy-to-automate solid biofuels which additionally have higher energy density. The present study aims at (i) the estimation of the potential of residual biomass from woody crops as well as from agri-food and wood industries in Majorca, and (ii) the analysis of the optimal location of potential pellet plants by means of a GIS approach (location-allocation analysis) and a cost evaluation of the pellets production chain. The residual biomass potential from woody crops in Majorca Island was estimated at 35,874 metric tons dry matter (t DM) per year, while the wood and agri-food industries produced annually 21,494 t DM and 2717 t DM, respectively. Thus, there would be enough resource available for the installation of 10 pellet plants of 6400 t·year−1 capacity. These plants were optimally located throughout the island of Mallorca with a maximum threshold distance of 28 km for biomass transport from the production points. Values found for the biomass cost at the pellet plant ranged between 57.1 €·t−1 and 63.4 €·t−1 for biomass transport distance of 10 and 28 km. The cost of pelleting amounted to 56.7 €·t−1; adding the concepts of business fee, pellet transport and profit margin (15%), the total cost of pelleting was estimated at 116.6 €·t−1. The present study provides a proposal for pellet production from residual woody biomass that would supply up to 2.8% of the primary energy consumed by the domestic and services sector in the Balearic Islands

Delivery mode-associated gut microbiota in the first 3 months of life in a country with high obesity rates A descriptive study

Delivery methods during childbirth and their related gut microbiota profiles have important impacts on health later in life, they can contribute to the development of diseases such as obesity, whose highest prevalence rate is found among the Mexican child population. Coincidentally, Mexico has one of the highest global average annual rate increase in cesarean births (C-section). Since Mexico leads the world in childhood obesity, studying the relationship between childbirth delivery methods and gut microbiota profiles in this vulnerable population may be used to identify early risk factors for obesity in other developed and developing countries. The objective of this study is to determine the association between child delivery method and gut microbiota profiles in healthy Mexican newborns. Fecal samples of 57 term infants who participated in a randomized clinical trial in 2013 to study the safety ofAgavefructans in newborns, were used in this study. DNA samples were extracted and used to characterize the microbiota composition using high-throughput 16S rRNA gene sequencing. The samples were further divided based on childbirth delivery method, as well as early diet. Gut microbiota profiles were determined and analyzed using cluster analysis followed by multiple correspondence analysis. An unusual high abundance of Proteobacteria was found in the gut microbiota of all Mexican infants studied, regardless of delivery method. Feces from infants born by C-section had low levels of Bacteroidetes, high levels of Firmicutes, especiallyClostridiumandEnterococcus, and a strikingly high ratio of Firmicutes/Bacteroidetes (F:B). Profiles enriched in Bacteroidetes and low F:B ratios, were strongly associated with vaginal delivery. The profile of gut microbiota associated with feces from Mexican infants born by C-section, may be added to the list of boosting factors for the worrying obesity epidemic in Mexico