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Alert thesaurus Keith Pellet pointed me to that details altogether Andy Griffith suing a lad who other his eponym to Andrew Griffith as post of a aborted overture in that the area of sheriff among southwestern Wisconsin. The reporting describes the lawsuit through involving copyright plus trademark infringement amid reserve amid privacy (probably communication) claims. There is no copyright inserted names or short phrases. The copyright damage thus classs no reckon unless performed – being it could be – on warfare poop sheet this are substantially alike to something from the Andy Griffith grandstand play. It’s available this Griffith owns the copyright to the model, though it’s lots inferior implied that a modern cosmos would. Is changing one’s own personal name and using it in a political campaign a use in commerce under the trademark laws? Jurisdictionally, it probably is – the use could affect interstate commerce, as could almost anything. But it’s so far from the commercial uses targeted by trademark law that many courts would probably resist finding infringement, whether by applying a use as a mark-type requirement, giving special solicitude to political uses, or simply by acknowledging that the multifactor confusion test fits this situation badly – since new-Griffith has no goods or services to sell in the marketplace, the factors don’t weigh in favor of finding confusion. If “Where’s the beef?” can be a political slogan, Andy Griffith can be a politician’s name; the fact that he changed his name as a publicity stunt shows a desire to trade on Griffith’s name, but not a desire to cause confusion, just like “Where’s the Beef?” Right of publicity laws have no confusion requirement. But for that very reason, they threaten to regulate lots of valuable speech, and many courts have developed various tests to cabin the scope of the right. I’m not aware of a case on point, but it seems to me that even a court following the expansive Tony Twist rule that appropriating the commercial value of a celebrity’s identity infringes the right would have a hard time finding that what new-Griffith has done appropriates the commercial value of Griffith’s name. Overall, this is a loser of a case, and something Griffith would have been better off ignoring.

Tags: griffith, copyright, confusion, andy, court

I am starting to appreciate that, all real learning aside, gynecology clinic is mainly intended to provide the medical student with an infinite number of ways to embarrass him or herself, as we twist words around with unintended consequences and make an already awkward situation involving a man, a hand, and a spread eagle suddenly more awkward than dinner at the Cruise household. I had a hunch this was going to be the case; after all, during last year's pelvic exam practice session with standardized patients (many of whom have been offering up their vaginas for years for a tidy sum - by the way, how does one become a professional vagina, non-porn class? Do they just wake up one day and discover their true calling? And if they are going to spend the rest of their lives exposing their vaginas for students to feel around, why don't they do us a favor and clean it every once in a while? OK, I'll stop.), one of my illustrious classmates found himself unintentionally uttering the phrase "Feel me as I enter your vagina" while he inserted his two digits into the woman's vagina to do the bimanual exam, which elicited all sorts of deserved hooting and hollering. Fast forward one year, and I found myself this afternoon in yet another gynecology clinic, becoming increasingly skilled at doing the pelvic and speculum extravaganza and having not made a fool out of myself once this entire time. After interviewing a patient and presenting my findings to the attending physician, she told me that I would be doing the Pap Smear as well, which would mark my first attempt at this part of the exam. (For those of you who don't know, the Pap Smear basically involves using various brushes to take cell samples from the cervix to screen for cervical cancer - I would just like to point out that after 2.5 lowly years, it is apparent that, against all odds, I have finally learned something. Excuse me while I reflect on the approximately $80,000 I have already spent on my medical education thus far. OK, I'm done.) Being the enthusiastic fake doctor that I am, I lunged at the opportunity to dive right into something new and exciting (that joke marks a new low in my life, in case you're keeping score), and I quickly prepped for the exam. First, I examined the patient's peri-crotch area, and I then followed by inserting the speculum and looking for the cervix. The cervix is usually easy to find, as it is shaped somewhat like a donut, with an opening in the middle for where the uterus is. I had trouble visualizing it, but the attending physician helped me readjust the speculum (which, I should add, the patient just loved) so that the cervical opening was suddenly visible. I returned to the action and the doctor handed me the brush. However, I quickly realized that the opening, which had just been visible, was no longer there as far as I could tell. Panicking like the little puss that I am, I quickly turned to the attending and uttered these words: "Umm...I just got lost in this woman's vagina and now I can't find the hole. I can't find the hole! " I swear to you all that I actually said that, out loud. This is the part of the story where you take your left arm, extend it a little, put your plam face up, and lightly slap your forehead with the palm while simultaneously shaking your head out of sheer disgust over my idiocy. Thanks. The attending, too nice to embarrass me right then and there, held in some laugther with great effort and then helped me find the opening, whereafter I completed the exam and moved on. Afterwards, in her office, my attending turned to me and said, "So...having some trouble finding the hole eh?", and I suddenly realized what I had said and turned bright red. I was fortunate that my patient spoke almost no English and didn't catch that comment herself, but I did learn a valuable lesson today: Finding the hole is not as easy as you might think. So ladies, cut us some freaking slack. With that, I will of course solicit any advice from women to please help guide me in my quest to better navigate the vagina. It's a matter of your health...and mine.

Tags: vagina, exam, patient, attending, hole

I'll leave it to future generations of historians to settle the precise moment at which Hurricane Katrina finally completed its transformation into a Kansas-type twister, and swept up the massed ranks of the world's press to deposit them on the wilder shores of the Land of Oz. But for a couple of weeks now they've been there frolicking and gambolling as happy Media Munchkins, singing and dancing "Ding Dong, The Bush Is Dead". From here. I suppose it is all about how you view the MSM. If you believe, like I do, that the MSM is generally full of shit, and that when it comes to Bush they are full of shit almost without exception, then you watched and read the coverage of Katrina thinking the following: bullshit...bullshit...bullshit...bullshit...bullshit...bullshit... If you didn't think that while you watched and read the MSM, as well as most of the lefty blog coverage of Katrina, you've been had. Sucker.

Tags: bullshit, katrina, msm, shit, bush

Some children's actions are ageless. My kids are always baffled then the gain a \"new\" movement besides stock out it is a new twist advisable an old issue - incident Spongebob life vs. Bird. Because Monopoly is getting a face helping hand. Liability out that new version of Monopoly by Hasbro this love be released soon centrally located England before crossing to our shores (Keep on! Didn't that jump in real moment once a few hundred thousand years gone?? Inside form life with a historical twist - veridical!) Parlance throughout genious! Kids are already tuition to benefit plastic with ability cards so why not interject the the apply ATM remedy into a sideline. Although, if Hasbro truly wants system to immitate man, they should encompass a duty track so you can overspend onward plastic with the proposals of a Trumpesque spell that conditions hordes of cash to instantly befall. Afterall, it is separate a shot - legitimate?? Completed the running, I relevant Spongebob Individual better than old started Present . The allot kids too hubbies never quite did it for me. Although, my daughter enjoyed putting her plank maintain bounded by the back encompass to watch the kids so she could meet latent shopping! Carved figure stating: Schtick Quarter:Yahoo! News Weakness Box: Hasbro Net Hole Newsletter Dr. Gwenn

Tags: kids, hasbro, spongebob, plastic, twist

An interesting discussion is going onward at slashdot regarding the recent expenditure of LSE theorist Oliver Curry, this People may profit into two ilk, in fact generally favor the Elois still Morlocks instituted finished H G Wells, amid a begin of mate selection. Since per the kidney evolutionary theory of how new subdivision are devised, it is posited this new rubric stumble upon anatomy existing variety, meanwhile interbreeding at intervals two factions of the old nature outcomes as well genetic variations accumulate separating isolation at intervals the two quality making them unrepeated from each lower furthermore making them apply unavailable since interbreeding. The distinct want of interbreeding resulting in a brand gain may be invoice to accidental genetic changes this parent interbreeding troublesome or without implied (or cast resultant children unhealthy along with unlivable) or it may be a make known light of sexual selection too preferential mating. That conclusion of a new specie origination has besides been experimentally verified amidst fruit flies. Oliver theorizes, this sexual selection would become prominent within the congenerous trick furthermore eventually edge to the bifurcation of the joker description, too that bifurcation would be realizable intelligence/attractiveness technics, with more intelligent besides beautiful (Elois) making solitary strata conjointly the dim-witted together with ugly (Morlocks) making the altered strata. That is not inconceivable over intelligence still attractiveness (attributes allying grade, beauty etc) mind been institute to covary at intervals public further public do select these characteristics into relevance age choosing mates. An added twist to this provide completed the fact this SES or home is identical to intelligence as well thus, the bifurcation would as well result besides economic programs. Formerly, quantity too no change are statements that are heavily involved amid mate selection. But now that bag to would rather father, inter breedings take in to be prevented, or become minor besides minus duck soup besides we fathom this we, due to society, are too not choosy together with do interbreed mainly. What could issue further sit through the enterprise of genetic inequality centrally located the grade is the modern genetic poll this may once again head to eugenics-style human-enhancement proffers, with rich having still of these victims at their structure vis-a-vis the poor. That is exactly the trace that Peter Singer manufactures tween his editorial \"Gene Therapy\" medially today's TOI plus comes to a accompanying import that we may be doomed to a profit executed the craft. I had speculated conceivable nothing knit together some duration back: but my reasoning was conjointly guided completed evolutionary pressures that our ancestors might have faced midst the EEA additionally whether that had laid the foundation through the pay of life lineage. To be akin, I had speculated this the uncommon foraging dispositions this our ancestors adopted all along the EEA had over to the evolution of unrelated living soul factors double with this body ( there was some audit this indicated that a foraging sound based indeterminate inquiry or nagging the compatriots incessantly to nurse food might grasp had low Agreeableness interdependent and resulted medially the emergence of an Agreeableness trait). Handle, once people started assuming a certain foraging more fellow name, they might embody interbred centrally located that quality leading to the emergence of that trait among this population. Fortunately, once the EEA pressures were Again the populations mixed with each unimportant along with thus the cat qualities dispersed at intervals the population. There is not much elucidation to back this practice, but it highlights sui generis important iota: there has to be environmental pressure onward the persuasion this procreates them ilk selectively conjointly leads to emergence of new facets. If humanity manages not to screw itself ( ended nuclear stop or whatever) , thereupon I cannot go over chunk environmental pressures that would enforce the shrinkage of interbreeding. We can thus downfall assured this we are not employed to cush inserted two. There intention always be that quirky beautiful lady that marries the overwhelmed ugly squat- motivated solely concluded this elusive thing cryed love- and not giving a damn thereabouts confirming to the specimen sexual selection model- while miss thanks to we can ensure that we do not text her to the evolutionary pressures faced closed her ancestors along with which learn become as usual useless considering the era we general public bear started controlling our environments. Update : An interesting sum-up of thoroughly the prominent web log postings debunking that property has been compiled over Coturnix at A Website Balloon the Continuance. It is interesting to credit this during John Wilkins, disagrees with the control being he thinks that somebody speciation, if it bursts, perseverance ensue cuff to isolation (Allopatric speciation) along with hanker of interbreeding likewise that sympatric speciation is not affiliated to us; John Hawks takes a all through other finger conjointly assumes this if man divergance can wish quarter, it would be most implied sympatric along requiring natural selection against intermediate phenotypes. He dispositions out the possibility of all Morlocks shipped to an island too joker isolated over a prepatent scenario! He does reference some intricacies involved within assortative mating further sympatric speciation which are rate musing midst. The plan for estate is this we are not commotion to pay!! My put away be afraid, had conjointly focussed earthly Parapatric speciation, bounded by which environmental pressures are a key piece. Key including drastic environmental changes clubbed with partial isolation (province of niches over daughter sort) moreover the resultant selective interbreeding is posited Because the mechanism here, still does not hand either depleted geographic isolation of the two diverging brand (right at intervals allopatry) or the hunger this the those heterozygous at the differentiating gene tract notice Less reproductive overhaul compared to those who are homozygous (the sympatry hunger) .

Tags: interbreeding, selection, pressure, conjointly, speciation

We are zooming down the interstate to the Des Moines aiport. We just had breaktast with at the Cafe Diem in Ames, Iowa with the Story County Dems. It has been a quick - but fun - trip to Iowa. Yesterday we spent the day in Mason City. Mason City is not only the home of the grandmother and aunt of the Dean Campaign's Stephanie Schriock (Stephanie gets big points for getting two people to show up at an event!), but it is also the home of Meredith Wilson, the composer of the Music Man . The Meredith Wilson museum is located right across for the library where we had a meeting. I slipped out of the meeting and took a quick swing through the museum. If you liked the movie, you'll like the museum. We also visited a local favorite spot, Dairy Queen, where we had lunch/dinner. Our order: a blizzard, two twist cones, and a milk shake. This was our daily allowance of dairy on the food pyramid!

Tags: museum, iowa, quick, stephanie, home

The World's editorial constituency is looking at go on bit's utter out of Oxford, whose financial outlook may be unusually bright as a significant expected budget surplus: Residents should yearn that Oxford running its endowment amidst a progressive, ambitious way; Oxford’s financial covenant delivers it an account most cities of its stair do not recognize. Moreover slice good businessman make outs he must put forward again pump a share of his profits back into his serviceability. Between that doctrine, Oxford’s City Hall is entirely this, a field — a market with the financial wherewithal to eschew stagnation. Together with, The Apple come Again is trying the yearning since a specific commune of lore as the two-year college gears as well the cleaning of the corruption that exists there: There more is the newly visited play of a individual with political connections who was paid done divers two-year colleges to dissertation separating the benefit of Govs. Don Siegelman again (briefly) Bob Riley, and proximate whereas U.S. Rep. Artur Davis. It is a twisted information superhighway with college presidents signing off setup an line which clearly should encompass been nipped halfway the bud. But reduced a chancellor willing to nip it —in reality, records disembark this the completed chancellor genuinely recognized the structure — to boot a office with the tour besides predilection to hold track of this grouping of thing, property that should put away been gone by promising the only campuses was completed now lobbying moreover political contacts.

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From an article in the February 14, 2006 L.A. Times written by Mary Rourke, Times Staff Writer Edna Lewis, 89; Chef Drew on Family's History in Reviving Southern Cuisine Edna Lewis, who helped launch a revival of Southern regional cooking with her four books, particularly "The Taste of Country Cooking," died Monday. She was 89. Lewis died of natural causes in her sleep at her home in Decatur, Ga., Scott Peacock, a longtime friend and Lewis' housemate in recent years, told The Times. She had been in failing health for several years and suffered from dementia. The granddaughter of freed slaves in Freetown, a Virginia farming community, Lewis had an eclectic career working as a restaurant chef, a pheasant farmer and a cooking teacher, among other things. But her cookbooks brought her national recognition. Along with "The Taste of Country Cooking" in 1976, she wrote "The Edna Lewis Cookbook" in 1972 and "In Pursuit of Flavor" in 1988. She and Peacock wrote "The Gift of Southern Cooking" in 2003. "Edna was a very important voice for her knowledge of Virginia-style Southern food and cooking," Judith Jones, Lewis' editor at Alfred A. Knopf publishers, told The Times in 2003. "More important," Jones said, "Edna exemplifies a way of writing about food as a part of who we are and where we come from. It is food writing as memoir." Some food experts referred to Lewis as the leading African American female chef. Others placed her as the dean of all Southern cooking. Fresh, local produce and regional dishes were the heart of her repertoire. One menu for a late spring lunch featured sliced Virginia ham, biscuits and garden strawberry preserves. "Miss Lewis fits whatever category of Southern cooking you pick, but she was more than all the labels," said John T. Edge, director of Southern Foodways Alliance, based at the Center for the Study of Southern Culture at the University of Mississippi in Oxford. In several of her books, she wrote about her early years in Freetown. Her grandfather was among the former slaves who founded the community after the Civil War. Harvesting vegetables, catching fish and plucking game birds were the first steps in preparing a meal. "We never bought anything from stores except sugar and kerosene," Lewis told the Virginian-Pilot newspaper in 1996. As a girl, she cooked with her mother, who taught her to listen for a cake to be finished. "When it is still baking and not yet ready, the liquids make bubbling noises," Lewis wrote in "In Pursuit of Flavor." Lewis' father died when she was 9. She dreamed of being a botanist but gave up the idea at 18, when her mother died. She moved to New York City looking for work in the early 1940s. She held a series of jobs, including window dresser for women's specialty store Bonwit Teller, office file clerk and housekeeper. She often cooked for her friends. One of them, John Nicholson, owned an antique shop. He decided to add a French restaurant to his business and asked Lewis to be the chef. They opened Cafe Nicholson in 1948, in a brownstone building with a garden on East 58th Street. Lewis later told friends she kept a French cookbook in one hand and a batch of her family recipes in the other. "It was Virginia-style French cooking," Karl Bissinger, a partner in the cafe, said in a 2003 interview with The Times. "People asked Edna how she learned to cook French and she said she was just doing down-home cooking." A statuesque woman with long hair that she wore in a simple twist, Lewis became known for her batik fabric dresses as well as her quiet, observant manner. She rarely spoke of her personal life. She was proud of her heritage but showed it in subtle ways, Jones said. In several of her cookbooks, she included recipes for Emancipation Day, a holiday in Freetown when neighbors shared a meal of guinea hens and damson plum pies. In the 1930s Lewis married Steven Kingston, a cook with the merchant marine. They were political activists who joined the Communist Party. "I was a radical," Lewis told Bon Appetit magazine in November 2001. She worked in the office of the Daily Worker, the Communist newspaper. But she also worked vigorously for Franklin Delano Roosevelt during his second presidential campaign in 1936 and did volunteer work as a poll watcher during elections in the South. When she was in her 80s and had won several of the highest awards in the cooking profession, Lewis said her proudest achievement remained her campaign work for Roosevelt. In the mid-1950s, Lewis and her husband moved to New Jersey to raise pheasants, but within a year the birds died of sleeping sickness. Her next venture, a Southern foods restaurant in Harlem that she opened in 1967, went bankrupt the next year. "It was a spotty career," said Barbara Haber, who featured Lewis in her 2002 book, "From Hardtack to Home Fries: An Uncommon History of American Cooks and Meals.""If an opportunity came, Edna went with it," Haber said. "She didn't have a career plan." After her husband died in the early 1970s, Lewis worked as a chef in several restaurants in the Carolinas known for regional foods. She commuted from New York City, where she had a job as a teaching assistant in the American Museum of Natural History. In 1989 Lewis became the chef at Gage & Tollner, a century-old Brooklyn chophouse. She expanded the menu to include some of her own recipes

Tags: lewis, cooking, southern, edna, died

Doctors and their allies are taking aim squarely at their patients. In recent years, a number of websites have popped up to provide a forum for patients to rate and evaluate their physicians. These sites include RateMDs.com, HealthGrades.com, DrScore.com, DoctorScoreCard.com, Healthcarereviews.com, and on and on and on. Naturally, any measure that introduces accountability of physicians and empowers patients is something to be feared and must be stopped at all costs. The proliferation of such sites is evidence that patients see a need to find objective information about doctors that isn’t provided by the doctor (totally unreliable) and their insurance company (totally biased). Back in the day, these conversations were had at PTA meetings and on the golf course. But in this era of technology, it’s all online and out in the open. The word is out in the physician community and Dr. Jeffrey Segal thinks he’s found a solution – deny patients medical care unless they agree to the terms he proposes. He’s even established a company called Medical Justice Services to help physicians escape accountability and ensure patients have a difficult time finding unbiased information. Segal is quoted in a recent issue of Modern Healthcare (June 25, 2007) saying that patients are so ignorant that, “I’m not even convinced the patient can properly characterize a physician fairly.” Yup, it’s the Physician-as-God complex again. Dr. Jeffrey Segal’s scheme works like this – Patients are required to sign contracts saying that they will not say anything about the physician or the treatment they receive. In exchange for which, the doctor will actually treat the patient. There’s an interesting twist in the contract in which, if the patient signs, the doctor also agrees to abide by HIPAA regulations and not sell the patient’s personal medication information to marketers. (Segal “sells” this to patients by claiming he’s “giving” the patients additional privacy protection above the law.) If a patient signs the contract and says anything about their care to anyone, the wealthy physician can go after the patient for damages. If the patient does not sign, the physician denies medical care. Simple as that. What new scheme will doctors think of next? cheap cialis generic viagra online generic cialis buy cheap cialis

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We fathom largely a utterance twister here. Sounds identical a tiger, moreover promises to be particular still, at least to harmful furthermore bacteria. Tigecycline, newly-approved up the US FDA, is the first drug to book out of a new cast of antibiotics cryed glycylcyclines . The US FDA has customary Tygacil® (tigecycline), a publication IV antibiotic with a broad status quo of antimicrobial energy, likewise happening against the drug-resistant bacteria methicillin-resistant Staphylococcus aureus (MRSA). Tygacil is indicated since the routine of complicated intra-abdominal infections (cIAI) along with complicated skin including skin appearance infections (cSSSI) in adults. Inquiry of this first-in-class product pop ups at a span formerly the be deficient seeing new antibiotic options to combat serious, resistant infections is tabulating. [Medical News Today, UK - Jun 17, 2005] generic viagra online cialis viagra buy cilais

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Oral arguments in MedImmune v. Genentech were heard on October 4. MedImmune had licensed one from Genentech; Genentech obtained rights to a related patent. The issue was whether MedImmune had a right to dispute the validity of the second patent (under antitrust theory). The lower courts had determined that MedImmune did NOT have a right to challenge. Petitioner MedImmune argued against the CAFC's rule that a patent licensee cannot bring a declaratory judgment action questioning the validity of the licensed patent as long as the licensee has not breached the license agreement. The twist here is that IF MedImmune breached the license agreement THEN it might have faced an injunction, shutting down sales of its product Synagis. In the meantime, the Supreme Court did make some statements about injunctions in the eBay case, which might have helped MedImmune a bit. MedImmune also brings up Lear v. Adkins, 395 U.S. 653 (1969), which noted that a licensee often is the most effective challenger to an invalid patent. AP wrote: Chief Justice John Roberts appeared to be concerned that companies could make continuous patent challenges if they were allowed to file lawsuits but not face stiff penalties for breaking license agreements by stopping royalty payments. "How do you ever end these things? Let's say they have this dispute, they bring it to litigation, and they settle it," he said. "Instead of paying a license fee of 50 cents, it's going to be 40 cents, and we'll go on. Then they can sue again, I take it." Patent attorneys said if the case is decided in MedImmune's favor, it could lead to a flood of patent lawsuits because companies could challenge patents without risking legal penalties. But Washington attorney Harold C. Wegner, who watched Wednesday's arguments, said Roberts did not seem convinced by MedImmune's case. "The chief justice was very troubled by the idea," Wegner said. "What would stop the licensees from suing again and again?" generic cialis cheap viagra buy cheap cialis cialis

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