Trademark Surveys: Development of Computer-Based Survey Methods, 4 J. Marshall Rev. Intell. Prop. L. 91 (2004)

Courts have continually utilized surveys to show evidence of secondary meaning, genericness, dilution, and functionality in trademark litigation. In conducting a trademark survey, an expert must consider various factors that may affect the admissibility of the survey in court, including assuring the correct universe of respondents are questioned, implementing controls, and verifying the results. In light of these considerations, as well as the ever-changing environment of consumer shopping, the manner and mode of survey that a court accepts as appropriate must adapt to these conditions. The use and acceptance of online and computer-based surveys is not currently well received by the courts, but this should change due to the many advantages that on-line surveys offer to trademark litigants. These advantages, including more efficient, accurate and trustworthy results that far outweigh any perceived disadvantages a court may put forth in finding such surveys inadmissible

Mexican Spotted Owl Site Occupancy Trends and Small Mammal Abundance in the Canyonlands of Utah

The Mexican Spotted Owl (Strix occidentalis lucida) is widely distributed in forest habitat from the central highlands of Mexico north to the four-corners region of the southwest U.S.  However, in southern Utah, Mexican Spotted Owls are only found in arid rocky canyonlands, e.g., ~30 owl pairs occupy narrow canyons within Zion National Park, and up to 10 territories occur in Capitol Reef National Park.  We studied the owl’s territorial occupancy and primary prey species in Capitol Reef and adjacent environs during 2000-2015.  We recorded Spotted Owl territorial occupancy states, including absence, single, or owl pair (and we searched for young).  At a sample of territories, we measured relative abundance of primary prey species (Neotoma and Peromyscus spp.) using mark-recapture techniques.  We were specifically interested in Woodrats and White-footed Mice because they have been identified as the primary prey of Spotted Owls in rocky canyon habitat using pellet analysis.  We successfully captured, marked, and released over 6000 small mammals of various species at five owl territories in Capitol Reef and three territories in Grand Staircase-Escalante National Monument (GSENM).  We also recorded various habitat measurements at each small mammal trap location.  Spotted Owl territorial occupancy varied strongly during 2000-2007 in GSENM, and during 2013-2015 in Capitol Reef.  We observed that low site occupancy in GSENM was correlated with low relative abundance of prey species, and associated with a severe drought throughout the region.  During 2013 and 2014 in Capitol Reef, we observed low owl occupancy, with only one occupied territory.  During 2015, six extinct territories were re-colonized by Spotted Owls, however, small mammal abundance declined during 2013 to 2015.  We will continue to measure long-term patterns among owl occupancy, prey relative abundance, vegetation changes and variation in climate

Strategies to Improve Employee Retention in Nonprofit Organizations

Talented employee turnover in nonprofit organizations has the potential for excessive costs and unfavorable outcomes. Nonprofit organization managers are concerned with retaining talented employees not only to sustain competitive advantage but also to continue to provide essential services. Grounded in person-organization fit theory, the purpose of this qualitative single case study was to explore strategies that four nonprofit organization managers in the southern United States use to increase employee retention. Data were collected using semistructured interviews and a review of organizational retention documents. Through Yin’s five-step data analysis process and thematic analysis, four themes were identified: (a) employ competitive benefits and compensation, (b) foster an innovative and engaging organizational culture, (c) enable employee development, and (d) maintain high levels of employee satisfaction. A key recommendation is for nonprofit managers to provide intrinsic and extrinsic rewards to improve culture. The implications for positive social change include the potential to retain talented employees and better serve local and socially disadvantaged communities

A Structured Grid Based Solution-Adaptive Technique for Complex Separated Flows

The objective of this work was to enhance the predictive capability of widely used computational fluid dynamic (CFD) codes through the use of solution adaptive gridding. Most problems of engineering interest involve multi-block grids and widely disparate length scales. Hence, it is desirable that the adaptive grid feature detection algorithm be developed to recognize flow structures of different type as well as differing intensity, and adequately address scaling and normalization across blocks. In order to study the accuracy and efficiency improvements due to the grid adaptation, it is necessary to quantify grid size and distribution requirements as well as computational times of non-adapted solutions. Flow fields about launch vehicles of practical interest often involve supersonic freestream conditions at angle of attack exhibiting large scale separate vortical flow, vortex-vortex and vortex-surface interactions, separated shear layers and multiple shocks of different intensity. In this work, a weight function and an associated mesh redistribution procedure is presented which detects and resolves these features without user intervention. Particular emphasis has been placed upon accurate resolution of expansion regions and boundary layers. Flow past a wedge at Mach=2.0 is used to illustrate the enhanced detection capabilities of this newly developed weight function

Petunia nectar proteins have ribonuclease activity

Plants requiring an insect pollinator often produce nectar as a reward for the pollinator's visitations. This rich secretion needs mechanisms to inhibit microbial growth. In Nicotiana spp. nectar, anti-microbial activity is due to the production of hydrogen peroxide. In a close relative, Petunia hybrida, limited production of hydrogen peroxide was found; yet petunia nectar still has anti-bacterial properties, suggesting that a different mechanism may exist for this inhibition. The nectar proteins of petunia plants were compared with those of ornamental tobacco and significant differences were found in protein profiles and function between these two closely related species. Among those proteins, RNase activities unique to petunia nectar were identified. The genes corresponding to four RNase T2 proteins from Petunia hybrida that show unique expression patterns in different plant tissues were cloned. Two of these enzymes, RNase Phy3 and RNase Phy4 are unique among the T2 family and contain characteristics similar to both S- and S-like RNases. Analysis of amino acid patterns suggest that these proteins are an intermediate between S- and S-like RNases, and support the hypothesis that S-RNases evolved from defence RNases expressed in floral parts. This is the first report of RNase activities in nectar

Nonenzymatic Glucosylation of Rat Albumin: Studies in Vitro and in Vivo

Incubation of rat serum with D-glucose in vitro resulted in nonenzymatic glucosylation of serum proteins. Analysis of freshly isolated rat albumin by ion exchange chromatography indicated that the glucosylated albumin accounts for 6.7.+-. 0.9% of total albumin in normal rat serum. Glucosylation of rat albumin in vitro was 1st order with respect to glucose and albumin concentrations and occurs primarily (\u3e 90%) at intrachain lysine residues. Kinetic analysis and inhibition of glucosylation by aspirin suggest that 1 reactive lysine residue is the primary site of glucosylation. Less than 5% of the radioactivity from glucosyl-albumin was released as glucose or mannose by hydrolysis conditions normally used for the analysis of neutral sugars in glycoproteins. Studies in vivo demonstrated that the half-life of albumin in normal rats was unaffected by the addition of 1 mol of glucose/mol of albumin. In addition, glucosylation was a stable modification since 125i-albumin isolated up to 3 days after injection of glucosylated 125i-albumin was recovered only in the glucosylated fraction. In contrast, following injection of unglucosylated 125i-albumin there was a gradual shift of 125i radioactivity to the glucosylated albumin fraction, as would be predicted for nonenzymatic glucosylation occurring in the circulation. Finally, levels of glucosylated albumin isolated from diabetic rats (alloxan induced) were significantly (4-fold) elevated 4 days after withdrawal from insulin therapy. The rat should be a suitable animal model for in vivo studies on nonenzymatic glucosylation of albumin and other serum proteins in normal and diabetic metabolic states