Trademark Vigilance in the Twenty-First Century: An Update

The trademark laws impose a duty upon brand owners to be vigilant in policing their marks, lest they be subject to the defense of laches, a reduced scope of protection, or even death by genericide. Before the millennium, it was relatively manageable for brand owners to police the retail marketplace for infringements and counterfeits. The Internet changed everything. In ways unforeseen, the Internet has unleashed a tremendously damaging cataclysm upon brands—online counterfeiting. It has created a virtual pipeline directly from factories in China to the American consumer shopping from home or work. The very online platforms that make Internet shopping so convenient, and that have enabled brands to expand their sales, have exposed buyers to unwittingly purchasing fake goods which can jeopardize their health and safety as well as brand reputation. This Article updates a 1999 panel discussion titled Trademark Vigilance in the Twenty-First Century, held at Fordham Law School, and explains all the ways in which vigilance has changed since the Internet has become an inescapable feature of everyday life. It provides trademark owners with a road map for monitoring brand abuse online and solutions for taking action against infringers, counterfeiters and others who threaten to undermine brand value

Isotopic temperatures from the early and mid-pliocene of the US Middle Atlantic coastal plain, and their implications for the cause of regional marine climate change

Mean seasonal extreme temperatures on the seafloor calculated from the shell δ18O of the scallop Placopecten clintonius from the basal part of the early Pliocene Sunken Meadow Member (Yorktown Formation) in Virginia are very similar to those from the same horizon at the latitude of Cape Hatteras in North Carolina (~210 km to the south). The lowest and highest temperatures calculated from each shell (using δ18Oseawater = +0.7‰) give mean values for winter and summer of 8.4 ± 1.1 °C (± 1σ) and 18.2 ± 0.6 °C in Virginia, and 8.6 ± 0.4 °C and 16.5 ± 1.1 °C in North Carolina (respective median temperatures: 13.3 °C and 12.6 °C). Patterns of ontogenetic variation in δ18O, δ13C and microgrowth increment size indicate summer water-column stratification in both areas, with summer surface temperatures perhaps 6 °C higher than on the seafloor. The low winter paleotemperatures in both areas are most simply explained by the greater southward penetration of cool northern waters in the absence of a feature equivalent to Cape Hatteras. The same current configuration but a warmer general climate can account for the high benthic seasonal range (over 15.0 °C in some cases) but warmer median temperatures (15.7-21.3 °C) derived from existing δ18O data from scallops of the higher Yorktown Formation (using δ18Oseawater = +0.7‰ for the upper Sunken Meadow Member and δ18Oseawater = +1.1‰ for the mid-Pliocene Rushmere, Morgarts Beach and Moore House members). Existing δ18O data from the infaunal bivalve Mercenaria of the Rushmere Member yields a similarly high median temperature (21.6 °C) but a low seasonal range (9.2 °C), pointing to the periodic influence of warm currents, possibly at times when the Gulf Stream was exceptionally vigorous.British Geological Survey (BUFI S157 Studentship); UoD Research-Inspired Curriculum Fun

Multiple CSLs for the body centered cubic lattice

Ordinary Coincidence Site Lattices (CSLs) are defined as the intersection of a lattice $\Gamma$ with a rotated copy $R\Gamma$ of itself. They are useful for classifying grain boundaries and have been studied extensively since the mid sixties. Recently the interests turned to so-called multiple CSLs, i.e. intersections of $n$ rotated copies of a given lattice $\Gamma$, in particular in connection with lattice quantizers. Here we consider multiple CSLs for the 3-dimensional body centered cubic lattice. We discuss the spectrum of coincidence indices and their multiplicity, in particular we show that the latter is a multiplicative function and give an explicit expression of it for some special cases.Comment: 4 pages, SSPCM (31 August - 7 September 2005, Myczkowce, Poland

Small Horizons

All near horizon geometries of supersymmetric black holes in a N=2, D=5 higher-derivative supergravity theory are classified. Depending on the choice of near-horizon data we find that either there are no regular horizons, or horizons exist and the spatial cross-sections of the event horizons are conformal to a squashed or round S^3, S^1 * S^2, or T^3. If the conformal factor is constant then the solutions are maximally supersymmetric. If the conformal factor is not constant, we find that it satisfies a non-linear vortex equation, and the horizon may admit scalar hair.Comment: 21 pages, latex. Typos corrected and reference adde

Performance of the Gemini Planet Imager Non-Redundant Mask and spectroscopy of two close-separation binaries HR 2690 and HD 142527

The Gemini Planet Imager (GPI) contains a 10-hole non-redundant mask (NRM), enabling interferometric resolution in complement to its coronagraphic capabilities. The NRM operates both in spectroscopic (integral field spectrograph, henceforth IFS) and polarimetric configurations. NRM observations were taken between 2013 and 2016 to characterize its performance. Most observations were taken in spectroscopic mode with the goal of obtaining precise astrometry and spectroscopy of faint companions to bright stars. We find a clear correlation between residual wavefront error measured by the AO system and the contrast sensitivity by comparing phase errors in observations of the same source, taken on different dates. We find a typical 5-$\sigma$ contrast sensitivity of $2-3~\times~10^{-3}$ at $\sim\lambda/D$. We explore the accuracy of spectral extraction of secondary components of binary systems by recovering the signal from a simulated source injected into several datasets. We outline data reduction procedures unique to GPI's IFS and describe a newly public data pipeline used for the presented analyses. We demonstrate recovery of astrometry and spectroscopy of two known companions to HR 2690 and HD 142527. NRM+polarimetry observations achieve differential visibility precision of $\sigma\sim0.4\%$ in the best case. We discuss its limitations on Gemini-S/GPI for resolving inner regions of protoplanetary disks and prospects for future upgrades. We summarize lessons learned in observing with NRM in spectroscopic and polarimetric modes.Comment: Accepted to AJ, 22 pages, 14 figure

The polycystic kidney disease 1 gene encodes a 14 kb transcript and lies within a duplicated region on chromosome 16

Autosomal dominant polycystic kidney disease (ADPKD) is a common genetic disorder that frequently results in renal fallure due to progressive cyst development. The major locus, PKD1, maps to 16p13.3. We identified a chromosome translocation associated with ADPKD that disrupts a gene (PBP) encoding a 14 kb transcript in the PKD1 candidate region. Further mutations of the PBP gene were found in PKD1 patients, two deletions (one a de novo event) and a splicing defect, confirming that PBP is the PKD1 gene. This gene is located adjacent to the TSC2 locus in a genomic region that is reiterated more proximally on 16p. The duplicate area encodes three transcripts substantially homologous to the PKD1 transcript. Partial sequence analysis of the PKD1 transcript shows that it encodes a novel protein whose function is at present unknown

Utilisation of an operative difficulty grading scale for laparoscopic cholecystectomy

Background A reliable system for grading operative difficulty of laparoscopic cholecystectomy would standardise description of findings and reporting of outcomes. The aim of this study was to validate a difficulty grading system (Nassar scale), testing its applicability and consistency in two large prospective datasets. Methods Patient and disease-related variables and 30-day outcomes were identified in two prospective cholecystectomy databases: the multi-centre prospective cohort of 8820 patients from the recent CholeS Study and the single-surgeon series containing 4089 patients. Operative data and patient outcomes were correlated with Nassar operative difficultly scale, using Kendall’s tau for dichotomous variables, or Jonckheere–Terpstra tests for continuous variables. A ROC curve analysis was performed, to quantify the predictive accuracy of the scale for each outcome, with continuous outcomes dichotomised, prior to analysis. Results A higher operative difficulty grade was consistently associated with worse outcomes for the patients in both the reference and CholeS cohorts. The median length of stay increased from 0 to 4 days, and the 30-day complication rate from 7.6 to 24.4% as the difficulty grade increased from 1 to 4/5 (both p < 0.001). In the CholeS cohort, a higher difficulty grade was found to be most strongly associated with conversion to open and 30-day mortality (AUROC = 0.903, 0.822, respectively). On multivariable analysis, the Nassar operative difficultly scale was found to be a significant independent predictor of operative duration, conversion to open surgery, 30-day complications and 30-day reintervention (all p < 0.001). Conclusion We have shown that an operative difficulty scale can standardise the description of operative findings by multiple grades of surgeons to facilitate audit, training assessment and research. It provides a tool for reporting operative findings, disease severity and technical difficulty and can be utilised in future research to reliably compare outcomes according to case mix and intra-operative difficulty

Efficacy and pharmacokinetic/pharmacodynamic evaluation of the Aurora kinase A inhibitor MLN8237 against preclinical models of pediatric cancer

To gain a greater understanding of the potential of the Aurora kinase A inhibitor MLN8237 in the treatment of pediatric malignancies. The activity of MLN8237 was evaluated against 28 neuroblastoma and Ewing sarcoma cell lines, and its in vivo efficacy was studied over a range of doses against 12 pediatric tumor xenograft models. Pharmacokinetic, pharmacodynamic, and genomic studies were undertaken. In vitro neuroblastoma cell lines were generally more sensitive to MLN8237 than Ewing sarcoma lines. MLN8237 demonstrated significant activity in vivo against solid tumor models at the maximum tolerated dose (MTD); however, only 2 of 6 neuroblastoma models had objective responses at 0.25MTD. In contrast, MLN8237 induced objective responses at its MTD and at 0.5MTD in three ALL models and in two out of three at 0.25MTD. Pharmacokinetic studies at 0.5MTD demonstrated a T (max) of 0.5 h, C (max) of 24.8 mu M, AUC((0-24)) of 60.3 mu M h, and 12 h trough level of 1.2 mu M. Mitotic indices increased 6-12 h after MLN8237 administration. AURKA copy number variation was frequent in xenografts, and expression was highly correlated with copy number. Objective responses were more frequent in tumors with decreased AURKA copy number (5/8) compared to those with increased gene copy number (2/14). This report confirms the significant activity against both solid tumor and ALL xenografts at the MTD, with a steep dose response. These data support clinical development of MLN8237 in childhood cancer. Because of the steep dose-response relationship, such studies should target achieving trough levels of 1 mu M or higher for sustained periods of treatment

Sushi in the United States, 1945-1970

Sushi first achieved widespread popularity in the United States in the mid-1960s. Many accounts of sushi’s US establishment foreground the role of a small number of key actors, yet underplay the role of a complex web of large-scale factors that provided the context in which sushi was able to flourish. This article critically reviews existing literature, arguing that sushi’s US popularity arose from contingent, long-term, and gradual processes. It examines US newspaper accounts of sushi during 1945–1970, which suggest the discursive context for US acceptance of sushi was considerably more propitious than generally acknowledged. Using California as a case study, the analysis also explains conducive social and material factors, and directs attention to the interplay of supply- and demand-side forces in the favorable positioning of this “new” food. The article argues that the US establishment of sushi can be understood as part of broader public acceptance of Japanese cuisine