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The coats of shellac slowly build up on the clarity guitar.. Check out the sign.. Maybe I should be wearing a mask with all that meths!?
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Scrolling is to much effort?
Tired of jumping back and forth?
Enter ploreex, something different.
Luis Carlos Longoria Gandara, IAEA Director, Division for Latin America and the Caribbean, Department of Technical Cooperation and Kevin Allen, Chief Executive Officer, University Hospital of the West Indies (UWI) Mona, Jamaica, sign the Practical Arrangements between the International Atomic Energy Agency and the UWI on Cooperation in the Area of Education and Training in Peaceful Uses of Nuclear Applications at the Agency headquarters in Vienna, Austria. 31 May 2018.
Photo Credit: Dean Calma / IAEA
Mobile applications are software; most of which are free to download for the user. It helps mobile users remain connected online and getting information from there. It helps playing games and doing many things on a mobile device. Click to: prointeractives.com/services.aspx
Court upheld UK IPO’s decision to refuse applications for majority of goods and services sought
24 August 2020
Jaguar Land Rover Limited v Ineos Industries Holdings Limited [2020] EWHC 2130 (Ch)
On appeal, Jaguar Land Rover Limited has lost its legal battle to protect various models of the Land Rover Defender four-by-four as trade marks in the United Kingdom. The UK High Court upheld the UK Intellectual Property Office hearing officer’s decision to refuse the applications for the majority of goods and services sought on the basis that they lacked distinctiveness.
Background
The applications overcame non-distinctiveness and descriptiveness objections at the examination stage but were subsequently opposed by Ineos Industries Holdings Limited. Ineos Automotive Limited, an offshoot of petrochemical giant Ineos, is scheduled to release its own four-by-four vehicle, the Grenadier, in 2022. Reports have described the Grenadier as being inspired by historic utilitarian four-by-fours such as the Defender.
Ineos opposed Jaguar Land Rover’s applications to protect the shape of the Defender models on multiple grounds, including the fact that the marks:
are incapable of distinguishing goods or services as those of a particular undertaking (Section 3(1)(a) of the Trade marks Act 1994);
lack distinctive character (whether inherent or acquired) and are descriptive (Sections 3(1)(b)-(d)); and
were applied for in bad faith in relation to vehicles other than four-by-four vehicles (Section 3(6)).
UK IPO Decision
The hearing officer refused the applications for a significant majority of the goods and services for which registration was sought, including motor vehicles, toys, jewellery and vehicle parts and accessories, but not for a miscellaneous range of goods in Classes 9, 14 and 28 (including webcams, televisions, statues of precious metals and balloons). The hearing officer found that the marks lacked inherent distinctiveness for goods and services related to (land-based) motor vehicles and that the marks had not acquired distinctiveness for any of the goods or services. He also held that the applications had been made in bad faith for non-four-by-four vehicles.
The Appeal Decision
Jaguar Land Rover appealed to the UK High Court on the basis that the hearing officer had incorrectly applied the legal tests for determining whether the marks were distinctive.
Inherent distinctiveness
Both parties had submitted expert evidence on the features of the shapes, their technical functions and how they differed from the norms of the sector (passenger vehicles generally, not four-by-fours specifically).
The hearing officer found that elements of the designs that appeared important to Jaguar Land Rover’s expert may appear unimportant to average consumers, and while some elements of the Defender designs were unusual, the designs as a whole did not significantly depart from the shapes used in the passenger car market. Therefore, the marks were not distinctive.
Jaguar Land Rover argued that the hearing officer’s approach was flawed in:
not providing reasons for rejecting its expert evidence;
finding that the unusual elements of the designs were only minor variations from the norm; and
not considering statements of certain people in the motor industry.
The court dismissed the ground of appeal, finding that the hearing officer had given detailed consideration to the evidence submitted by Jaguar Land Rover, and that as an expert himself on what consumers perceive (by virtue of his positon in a specialist tribunal) he was entitled to find as he did.
Acquired distinctiveness
To demonstrate that the marks had acquired distinctiveness, Jaguar Land Rover had to show that a significant proportion of relevant average consumers would perceive the marks alone as indicating that the goods originated from Jaguar Land Rover – in other words, that they acted as a badge of origin. A number of factors are taken into account when considering acquired distinctiveness, including the scope of the mark’s use, market share and marketing spend.
Jaguar Land Rover submitted survey evidence of the public’s perception of the marks, together with expert evidence on how these surveys should be interpreted. Despite Ineos failing to challenge the conclusions of Jaguar Land Rover’s expert, the hearing officer found that the marks had not acquired distinctiveness.
Jaguar Land Rover argued that the hearing officer had been wrong to consider certain other factors before turning to the survey evidence, apparently causing him to take an unduly negative view of this evidence. Jaguar Land Rover also argued that the hearing officer had been wrong to reach his own conclusions on the survey evidence, rather than accepting those of Jaguar Land Rover’s expert.
The court rejected both arguments, noting that the hearing officer was under no obligation to consider the survey evidence in the first place. The court emphasised that it is the role of the hearing officer to reach their own conclusions on all evidence before them and that they cannot be criticised for not automatically accepting an expert’s opinion.
The court therefore dismissed Jaguar Land Rover’s appeal and upheld the hearing officer’s decision to refuse the applications for the majority of goods and services.
Comment
The judgment highlights (once again) the difficulties that brand owners can face when seeking to register shape marks as trade marks. Even though the Land Rover Defender has been described as an iconic design and is extremely well known among the UK public, the designs were still not considered to be legally distinctive enough to qualify for UK trade mark protection (other than for very limited goods). This is clearly a blow for Jaguar Land Rover in protecting its Defender designs ahead of Ineos’ planned launch of its own four-by-four, which is said to have been strongly influenced by the Defender design.
The judgment is also a reminder on the treatment of survey evidence when assessing the distinctiveness of a mark – while surveys may assist in the UKIPO’s assessment, the hearing officer is not obliged to take them into account, and therefore an applicant should consider carefully the benefit (or otherwise) of carrying out a survey to support a claim to acquired distinctiveness, before incurring the time and cost of preparing one.
Groundbreaking for ReNuAL (Renovation of the Nuclear Application Laboratories), and Celebration of the 50th Anniversary of the Joint FAO/IAEA Division. Seibersdorf, Austria, 29 September 2014.
Photo Credit: Dean Calma / IAEA
Glasses on top of a job application.
When using the image please provide photo credit (link) to: www.amtec.us.com per these terms: www.amtec.us.com/creative-commons
A-Level Project: Artist research and my own experimentation inspired by artist's work.
I used Photoshop to distort my photograph (the large image at the bottom of the left-hand page is the result), before creating a monoprint of the same image (top right hand side) and overlaying my other images printed on acetate onto the result (bottom half of right-hand page). Supporting artist research can be seen alongside, including works by Picasso, Käthe Kollwitz and Dustin Farnsworth.
Size: A2 sketchbook
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Getting rid of applications is a lengthy business in REAL life.
And yes I HAVE actually bought someone a gift! It happens occasionally
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Hello,
I would love to invite your store to work with us at Adventia Events. We host regularly monthly events.
Having had experience in producing and hosting events in Secondlife for over 9 years, I can safely say you are in good hands. Along with my business partner Hypatia who also has a vast range of knowledge in producing clean, professional events.
So the information....
Our Rates:
»»————- ★ ————-««
Normal Booth: 500L :: 30 Prims
Feature Booth with Blogged items: 2000L :: max 150 Prims
The dates of our event are 15th - 22nd of each month. You can apply here: forms.gle/ZKZU7UVEgebY7C9T8
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Please note we have done extensive research and our rates are in line with other events out there and we are on the lower side of this and still produce excellent events.
╚═════════════════════════════════════════════════════════════════.✵.═╝
We ask for 1 exclusive at our events. Now this item does not have to be new but it just needs to be sold exclusively at our event for the duration of the event. We also ask for 1 item an this can be a separate item at 60L set to the Adventia group.
Why do we ask this?
Well we have found that having an exclusive helps draw customers to the event and the product, and having a discounted item can and does have the same effect.
We do hope you will consider joining us. If we have recently contacted you and you have declined, we hope you would reconsider and if you really aren't interested please send a reply so we can log this so we do not keep losing IMS and will not contact you in the future.
Kind regards
Leilani Venus and Hypatia Aurelia
For DiggBoss & Co.
Ncomment blogspamed: ncomment.com/blog/2008/09/18/application-programming-entr...
Submitted to Mixx by gbarberi:
www.mixx.com/photos/2172028/application_programming_entra...
and to Digg:
digg.com/comics_animation/Application_Programming_Entrapment
Posted by DiggBoss himself:
thediggboss.blogspot.com/2008/09/application-programming-...
OptimusPrime01 gives her another go on Digg:
digg.com/comics_animation/Application_Programming_Entrapm...
cGt2099 explains it to Nomadelle on Social Blend:
Glasses on top of a job application.
When using the image please provide photo credit (link) to: www.amtec.us.com per these terms: www.amtec.us.com/creative-commons
The launch of Interior Glass as an iPad application is an initiative by Saint-Gobain for the interior design fraternity to explore new facets of their creativity with glass.
IAEA Director General Yukiya Amano tours the Terrestrial Environment Laboratory during his visit to the laboratories in Seibersdorf on 12 April 2016.
Photo Credit: Dean Calma / IAEA
Bharat Joshi, British Deputy High Commissioner in Chennai, Clare Astil, Entry Clearance Manager, UKVI and T S Williams, Operations Manager, South India and Sri Lanka, UK Visas & Immigration (UKVI) at the inauguration of the new VFS-Visa Application Centre in Chennai Wednesday, 26 March 2014. Follow us on Twitter @UKinIndia.
Séance autopromo d'un petit test d'application mixant Google Web Toolkit et de l'API FlickR.
Cette appli vous permet de visualiser les 500 photos de l'explore ou de naviguer dans les explores des jours précédant.
Vos commentaires sont les bienvenues :D
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ExploreRocks display on a single page all the FlickR Explore of a day.
Mobile software application, workflow collaboration framework, Cloud Services, Backup / restore Contacts, Migrate Contacts, Transfer Contacts, File Manager, Push File, Send receive SMS, Locate your Phone, Wipe your Mobile Device, Encryption, Multi Factor Authentication, Digital certificate, Android, Windows Mobile, Symbian, Blackberry, RIM, iPhone, Windows PC Client, Access manage your mobile device
IAEA Director General Yukiya Amano at the inauguration of the IAEA X-ray Fluorescence experimental station at the XRF beamline of Elettra in Trieste, Italy. 6 October 2014
Together with the DG at the inauguration event are Aldo Malavasi, IAEA Deputy Director General and Head of the Department of Nuclear Science and Applications, Meera Venkatesh, IAEA Director, Physical and Chemical Sciences Division and Ralf Kaiser, IAEA Physics Section Head.
Photo Credit: Elettra