Rights versus Commerce: Balancing Online Trademark Policing with the Emerging Marketplace, 11 J. Marshall Rev. Intell. Prop. L. 217 (2011)

In 2008, jeweler Tiffany & Co. (“Tiffany”) commenced an action against eBay after discovering that a significant amount of counterfeit Tiffany jewelry was being sold on the online auction house. Tiffany had previously used eBay’s Verified Rights Owner program to report the infringement and pursued enforcement actions against individual sellers. Nevertheless, Tiffany sued eBay for various causes of action, including contributory trademark infringement. The Second Circuit held that online service providers like eBay are not liable for contributory trademark infringement unless they have specific knowledge of particular instances of infringement. Due to the ruling, Tiffany bears the burden for policing its marks online while eBay and other service providers may continue with present business models. This comment proposes subpoena legislation similar to the Digital Millennium Copyright Act to better balance the interests of trademark owners and service providers by providing a way for trademark owners to request infringers’ information while allowing online service providers to function

Sequence Stratigraphy and Reservoir Characterization of the Middle Devonian Marcellus Formation for a Cored Well in Harrison County, West Virginia

The Middle Devonian Marcellus Formation is an important unconventional shale play in North America. It has an approximate aerial extent of 100,000 square-miles and has been estimated to contain upwards to 489 trillion cubic feet of recoverable gas. Through the advent of horizontal drilling, in combination with hydraulic fracture simulation, the Marcellus Formation has been exploited at exponential rates. In order to increase production and drill more profitable wells, the geology of the Marcellus is being studied in more detail. In particular, geologic parameters such as geomechanical properties, total organic carbon (TOC), porosity, and mineralogy could have a direct relationship with the sequence stratigraphy of shale.;To evaluate the geologic parameters that could impact production, core data and well logs taken from the Goff #55 well were compared to one another. A detailed core description of the Marcellus Formation was performed on the core taken from the study well, and used to build a stratigraphic column. The Marcellus Formation was classified into seven lithofacies using advanced mineralogical logs, core X-ray diffraction (XRD), core X-ray fluorescence (XRF), and TOC data. Geomechanical properties were calculated using Poisson\u27s ratio, Young\u27s modulus, and mineralogy. The Marcellus Formation was divided into three intervals based on transgressive- regressive sequences and the associated boundaries by using common and advanced well logs. Lastly, a regional sequence stratigraphy was developed using approximately forty wells surrounding the Goff #55 well

The functional significance of the lung-liver axis during pneumonia

The hepatic acute phase response (APR), stimulated by injury or inflammation, is characterized by significant changes in circulating acute phase protein (APP) concentrations. While individual functions of liver-derived APPs are known, the net consequence of APP changes is unclear. Pneumonia and sepsis elicit systemic inflammation and induce a robust APR. Although APR activation is regarded as a hallmark of infection, direct contributions of liver activation to pulmonary defense during pneumonia and sepsis-induced pneumonia remain unclear. Pneumonia causes a pulmonary inflammatory response coordinated largely by alveolar macrophages, and is typified by cytokine production, leukocyte recruitment and plasma extravasation, the latter of can enable delivery of hepatocyte-derived APPs to the infection site. To determine the functional significance of the hepatic APR during pneumonia, we challenged APR-null mice lacking hepatocyte signal transducer and activator of transcription-3 (STAT3) and RelA with 106 colony-forming units (CFU) Escherichia coli intratracheally. HepSTAT3/RelA-/- mice displayed ablated APP induction, significantly increased mortality, tumor necrosis factor-dependent hepatotoxicity, and pulmonary bacterial burdens. Following a lower (4x105 CFU) E. coli inoculum, hepSTAT3/RelA-/- mice had decreased APP concentrations with reduced pulmonary inflammation and diminished airspace macrophage activation. Similar results were obtained in the context of endotoxemia and pneumonia. We employed an endotoxemia/pneumonia model, whereby 18 hours of intraperitoneal E. coli lipopolysaccharide (5 mg/kg) was followed by intratracheal E. coli (106 CFU) in mice lacking hepatocyte STAT3 (hepSTAT3-/-) or control hepSTAT3+/+ mice. Following endotoxemia and pneumonia, hepSTAT3-/- mice, with significantly reduced levels of circulating and airspace APPs, exhibited significantly elevated lung and blood bacterial burdens and mortality. While neither recruited airspace neutrophils nor lung injury were altered in endotoxemic hepSTAT3-/- mice, in vivo production of reactive oxygen species in alveolar macrophage was significantly decreased. Additionally, bronchoalveolar lavage fluid from this group of hepSTAT3-/- mice allowed greater bacterial growth ex vivo. These results identify a lung-liver axis, whereby the liver response enhances macrophage activation and pulmonary host defense during pneumonia and sepsis-induced pneumonia. Taken together, induction of liver acute phase gene expression programs contributes to countering the deleterious consequences of pneumonia, whether it is alone or in the context of sepsis-induced infection

Preparation of ultracold atom clouds at the shot noise level

We prepare number stabilized ultracold clouds through the real-time analysis of non-destructive images and the application of feedback. In our experiments, the atom number ${N\sim10^6}$ is determined by high precision Faraday imaging with uncertainty $\Delta_N$ below the shot noise level, i.e., $\Delta_N <\sqrt{N}$. Based on this measurement, feedback is applied to reduce the atom number to a user-defined target, whereupon a second imaging series probes the number stabilized cloud. By this method, we show that the atom number in ultracold clouds can be prepared below the shot noise level.Comment: Main text: 4 Figures, 4 pages. Supplemental Information: 4 figures, 5 page

LRN, ERN:, & BERN @ Wireless Integrating the Sciences (WITS) Theatre

In order to develop a call to action for a learning tool that would work to best teach Science Technology Engineering and Math (STEM), the NASA Goddard team will partner with the inventor of Bop It!, an interactive game of verbs and following instructions; and Global Imagination, the developers of Magic Planet. In this paper Decision-making Orbital Health! (DOH!) will be described as a game derived from the basic functions necessary for Bop lt!, a familiar game. that will ask the educational audience to respond to changing commands to Bop It!, Twist It!, and Squeeze It! The success of the new version of the game, will be that the Earth will be making these commands from Dynamic Planet, and the crowd assembled can play wirelessly. Wireless Integrating The Sciences (WITS) Theatre : A balanced approach will describe how the communities local to Goddard and perhaps San Francisco will develop curriculum that helps kids teach kids with an engaging game and a STEM message. The performing arts will be employed to make it entertaining and appropriate to the size of the gathering, and the students educational level

Spin dynamics in a two dimensional quantum gas

We have investigated spin dynamics in a 2D quantum gas. Through spin-changing collisions, two clouds with opposite spin orientations are spontaneously created in a Bose-Einstein condensate. After ballistic expansion, both clouds acquire ring-shaped density distributions with superimposed angular density modulations. The density distributions depend on the applied magnetic field and are well explained by a simple Bogoliubov model. We show that the two clouds are anti-correlated in momentum space. The observed momentum correlations pave the way towards the creation of an atom source with non-local Einstein-Podolsky-Rosen entanglement.Comment: 5 pages, 4 figure

A reexamination of the separable verb in selected Anglo-Saxon prose works

The systems of compounding verbs in Old English and German are analogous, but not every grammarian is agreed that Old English possessed a system of separable compound verbs. One authority, Joseph Wright, dismisses any need for discussing separable compounds in Old English on the grounds that they were merely juxtapositions of independent words, but others have shown that Old English did indeed possess such a system, notably T.P. Harrison, George Curme, and Murat Roberts. -- Three types of compound verbs can be distinguished in Old English: two groups which are inseparable and one which is separable. One of the inseparable groups is comprised of verbs or verb stems to which have been prefixed prepositions or decayed prepositions (a-, ge-, on-, mis-, etc.); the second inseparable type is formed with certain verbs to which nouns or adjectives have been added (nealæcan, efensorgian, etc.). The separable verb, so-called, is one which is used with an adverb or prepositional adverb (the term given to particles which function both as prepositions or as adverbs), but whose components are not always written together as one word. The adverbial particle may be found following the verb, for example, as in eode ōa in. -- This thesis re-examines the separable verb in Old English on a broader basis than some of the earlier studies. A considerable sampling of English prose has been made, much of it not translations of foreign sources, and the selections range from King Alfred’s Orosius through Wulfstan, Ælfric, and the late prose of the Peterborough Chronicle. -- Because stress in prose, whether spoken or read aloud, is difficult to ascertain, especially with the rather scanty legacy of Old English works, this linguistic aspect has been left to one side except for a brief mention of how it might have influenced the separation of verb and particles. Most authorities are agreed that the separable compound verb took the stress on the particle; the inseparable verb, on the verb base or stem. Separation or lack of it also affected the meaning of the verb as will be seen. -- In addition to the difficulty of determining stress in Old English prose, another problem met with is ambiguous or dubious syntax. Frequent examples of word order in which an objective pronoun is followed by a prepositional form and then a verb, allow two-fold interpretations. One can interpret the sequence as that of a prepositional phrase with the preposition placed after its object, or one may regard the structure as that of a compound verb with the pronoun object in the particular case required by usage. The ambiguity can sometimes be resolved by comparison to clear-cut illustrations in other areas of Old English; sometimes, analogous patterns and syntax in Old High German point to a compound verb; frequently, however, no definitive analysis can be made. -- Generally, compound verbs are formed with adverbs of place. This was the rule in Old High German and still is in present-day German; examination of representative texts in Old English prose shows a similar tendency for adverbs of place to form verbal combinations. Not every adverb of place formed a compound or combination, however, and adverbs in -an proved to be the least productive of such types. -- Unlike Modern English, Old English combinations of adverbial particle and verb tended to remain literal in meaning, but the frequency with which verb and particle occurred together points to real combinations or sense-units. -- Many of the prepositional adverbs are traditionally considered to form only inseparable compounds, but several instances were observed of both separable and inseparable usage for the same combination of verb and particle. -- Ofslean, for example, was used in both ways: separated, it means 'strike off, 'cut off; as an inseparable verb, 'kill'. Though not prefixed with a prepositional adverb, the Verb forōfaran also showed the same differentiation between a literal meaning when the verb and particle were separate and a figurative meaning when inseparable. According to the evidence of the corpus, the system in Old English was not as regular as it is in present-day German, but the basis of the principle of separation or lack of separation with consequent differences in literal and figurative meanings can clearly be seen. -- The following conclusions can be drawn: based on the frequency of occurrence and spread of usage among authors and by virtue of noun compounds composed of parallel verb-adverb combinations, adverbial particles often formed sense-units with the verb in close enough syntactical relationship to be considered true compounds or verb-adverb combinations. Prepositional adverbs formed obvious compounds, for the most part, but a large number of ambiguous cases must remain unresolved in classification either as prepositional constructions or as compound verbs. However, on the basis of comparison with Old High German, compound verbs in Old English may be more numerous than some grammarians have hitherto considered

A Flow Cytometric Assay for the Study of E3 Ubiquitin Ligase Activityb

This is the peer reviewed version of the following article: Hilliard, J. G., Cooper, A. L., Slusser, J. G. and Davido, D. J. (2009), A flow cytometric assay for the study of E3 ubiquitin ligase activity. Cytometry, 75A: 634–641. doi:10.1002/cyto.a.20738, which has been published in final form at http://doi.org/10.1002/cyto.a.20738. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.BACKGROUND: Current methods for monitoring E3 ubiquitin ligase activity in cell culture or in vivo are limited. As a result, the degradation of cellular targets by many E3 ubiquitin ligases in live cells has not yet been examined. METHODS: A target of an E3 ubiquitin ligase was expressed as a fluorescently labeled protein in cell culture. If the E3 ubiquitin ligase mediates the degradation of a target protein in cell culture, it is expected that the target will show a reduced fluorescence signal by FCM analysis. We initially used the E3 ubiquitin ligase, herpes simplex virus type 1 (HSV-1) infected cell protein 0 (ICP0) and one of its targets, promyelocytic leukemia (PML) protein, to determine the feasibility of our approach. Cells expressing a PML-GFP fusion protein were selected by cell sorting and infected with an adenoviral vector expressing ICP0. RESULTS: In contrast to mock-infected cells, only PML-GFP-expressing cells infected with the ICP0 adenoviral vector led to a significant decrease in the fluorescence signal of PML-GFP when examined by fluorescence microscopy and FCM analysis. CONCLUSIONS: Using HSV-1 ICP0 as a paradigm, it is possible to examine the live activity of an E3 ubiquitin ligase (via one of its targets) in cell culture with FCM analysis