Friday, July 8, 2011

Supervision Life

Sleepy morning the site , check the mesmerizing
night tireless , do not sleep less than zero
message sent to the arrears , smoking, mahjong Plenary
not drunk two bottles of wine , massage in groups
business is not one o'clock , the Commissioner Long live life

Monday, June 27, 2011

Friday, June 24, 2011

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Thursday, June 23, 2011

Air Jordan 4 does not offer protection to fashion designs

Don’t Copy My Blue Suede Shoes: Copyright Protection for Fashion Designs
As I discussed briefly a couple of weeks ago on my blog, in the United States, the current copyright statute (Title 17, United States Code) does not offer protection to fashion designs. This is because, among other things, one cannot gain copyright protection for anything utilitarian. Also, copyright protection is only offered to original works of authorship. This is a complicated topic, but the best way to sum it up is that the standard for “original” means it can’t be “routine” or “mundane”.? Historically, fashion designs have been deemed utilitarian because one cannot sever the unique design features from their functionality. For example, a particular type of sleeve may have some unique design aspects to it, but its primary function is to cover an arm. ??Further, it would be difficult to argue that a purple skirt is original. Yes, fashion designers, even if it’s Versace- a purple skirt is just not original. So, in addition to myriad other arguments, including if a design is actually a work of authorship, there is a question as to whether a fashion design is sufficiently original for protection.? But new legislation pending proposes to change that.
The fashion industry claims it loses millions of dollars in revenue every year because of copycats buying one very expensive handbag or shoe or other item, deconstructing it, farming it out (usually to some factory in Asia), and making copies of it to be sold for a fraction of the price. There is now proposed legislation attempting to address and put a dent in the very lucrative knock-off market. Enter the “Innovative Design Protection and Piracy Prevention Act” (S.3728), courtesy of Senator Chuck Schumer (D-NY).? Now, imitation is the no longer the sincerest form of flattery, it’s the basis for a lawsuit.? Swell.? Sen. Schumer is proposing to amend Chapter 13 of the Copyright Statute- Protection of Original Designs.? (See the text of his proposed amendment)? Fortunately, dear readers, I’m here to make sense of this, or at least give it a hero’s try. It is copyright,Famous too., after all, and I can only do so much.
First, let me begin by pointing out that I’m not convinced fashion designs merit copyright protection at all.? But instead of starting with that very important step, the bill just kind of glosses over that whole concept and makes the decision for us.? So for the sake of argument, we’ll skip that part and delve into what the bill does address.? The proposed amendment doesn’t allow protection for designs already in the public domain, so don’t go rushing out to copyright denim jeans just yet.? But it does allow protection for the “appearance as a whole of an article of apparel, including its ornamentation”, which includes placement of original and non-original elements. It doesn’t make color a determining factor, but it does use the term “substantially identical” which the statute defines as “so similar in appearance as to be likely mistaken for the protected design, and contains only those differences…which are merely trivial”. ?Have fun with that, Federal Courts!
Most importantly (and not really being discussed by anyone) is the fact that this amendment will not require designers to register their designs with the Copyright Office.? Protection for fashion designs would be automatic.? Um, how do we square that with the fact that registration is a prerequisite to sue for infringement?? And why do fashion designers get a clear pass when everybody else still has to register?? The proposed amendment will give the fashion designer the power to make the initial determination that her designs are unique,? distinguishable, non-trivial, and non-utilitarian.? Take a moment to let that one sink in and think of where it will lead.? This blatant attempt to circumvent long standing and very important standards for copyright protection should have you have you screaming “Danger Will Robinson!”
The broadest interpretation and application of this law (if enacted) is that it could preclude lesser known and much smaller designers from marketing an article that is only slightly similar to another design.? So, the designer who came up with a particular style of dress would be the only person permitted to sell it at least for a few seasons. ?Anything even close to it could subject another designer to an infringement suit.? If this legislation existed back in the 70s, and if she had her way, only Diane Von Furstenberg would have been able to make and sell a wrap dress.? I wonder what Claire McCardell would have to say about that if she were alive today?? But I digress.?? The bill only allows protection for three years, which isn’t very long, but anyone familiar with the evolution of the copyright term of protection can see where this will end up.? Sorry for all of you off-the-rack plebeians out there. You better find a way to cough up that $300 or no wrap dress for you.
The drafters of the bill did throw us a bone.? Folks sewing at home for their own personal use can go ahead and copy designs without fear.? Oh,Air Jordan 4, and even though a Plaintiff doesn’t have to register her design to sue, she still has to plead her case with particularity, meaning ?she will have the burden of proof to show her design is protected in addition to the new-and-improved just-for-fashion elements of copyright infringement.? Aaaaaaand we’re back to the problem of not requiring registration and letting the fashion designer decide that her design merits copyright protection.?? So let’s have some fun and give this a good ol’ law school essay try.? Here’s our hypo.
Fashion designer, Englebert, is up late one night watching QVC.? He notices, much to his chagrin, that fashion designer Gladys is peddling a hat that looks a lot like his iconic turtle hat from last season.? Englebert’s hat is made of top of the line Dacron? and takes the shape of a turtle so it looks as though the wearer has a turtle perched on her head.? The turtle hat is designed so the head of the turtle is directly over the wearer’s forehead.??? Gladys’s turtle hat is made of high quality pleather and is made to be worn so the tail of the turtle is directly over the wearer’s forehead.? The hats have identical color schemes and the turtles are nearly indistinguishable.??? Gladys’s turtle hat is registered with the US Copyright Office; Englebert’s is not.? Discuss.
And here’s the rule statement I came up with in my pretend law school essay.
“To qualify as a fashion design, an article must be unique, distinguishable, non-trivial and non-utilitarian variation over prior designs for similar types of articles. ?Once a plaintiff can show the article is unique, distinguishable, non-trivial and non-utilitarian variation over prior designs for similar types of articles, she must then show that the articles are so similar in appearance as to be likely mistaken for the protected design, and contains only those differences…which are merely trivial. “
Sorry, I just don’t have the time or energy to complete that IRAC, but I suspect you can see where things are going.
Riddle me this.? Why is this amendment even necessary? What problems does it solve that current intellectual property laws and jurisprudence do not?? Why aren’t the current remedies in copyright and trademark sufficient?? Many knock offs like the fake Fendi?, Coach?, Chanel?, and Louis Vuitton? handbags blatantly include the designer’s trademark on the knock-off.? Kids, there is a big difference between copying a popular shape of a handbag and shamelessly making the exact same handbag and passing it off as the real thing.? And the remedies for this land squarely in trademark law.? If Louis Vuitton has a problem with a handbag that doesn’t bear his signature LV but looks like one of his bags, current copyright law, or at least I thought, adequately addresses this issue with its functionality test.? Granted, it’s not the easiest analysis and is entirely subjective, but why is this legislation necessary when there appears to be adequate protection already in place? I wonder if it has something to do with the fact that the remedies for copyright infringement are easier to prove and much harsher than trademark infringement? Can you imagine the double whammy of a case where a designer can prove trademark infringement of the logo AND copyright infringement of the handbag?? It makes my head spin.? But, dear readers, if you take nothing else from this week’s ramblings, remember this. Intellectual Property law exists to encourage innovation, not to protect profit margins. The bill is admittedly an attempt to put the kibosh on knock-offs because they cost the industry money. So there that is for you.
Still, there are some aspects of fashion design that could be unique, original, and non-utilitarian.? Haute couture by definition is one-of-a-kind. And much of what is seen on the runway is never intended to be sold in retail stores or to the masses. Moreover,Air Jordan 4, some couture is truly amazing and more akin to artwork than a dress, so it’s difficult to argue that it isn’t entitled to at least a little bit of recognition. ?How can one conclude that a unique, one-of-a-kind dress that is only worn once (if ever) is mundane and utilitarian? ?Why doesn’t the proposed amendment just deal with that instead of the really broad and very weird attempt to redefine copyright law?
I’m of the opinion that there is room for some sort of copyright protection for a unique design, albeit, under very rare and specific circumstances.? Copyright protection for a registered, custom made, one-of-a-kind article?? Sure, why not.? I’ll even give you the three years.? Do not get me started on the life of the author plus 70 years nonsense.? Don’t even go there.? Provided the term of protection stays at three years (preferably less), it would permit the original designer to do what she wants with the article but after a time permit other designers to take a crack at the concept.? A limited amount of protection for a design that meets the requirements for originality, uniqueness, and non-functional wouldn’t require us to redefine copyright, overburden the courts, discourage innovation, or favor an industry’s profit margin.
But copyrighting a wrap dress? Seriously?? The problem is that this seems to be what the proposed amendment is attempting.? Besides, even the big-name designers admit that they buy clothes off the rack at stores for the express purpose of copying. The bill’s proponents have said that it promotes creativity, but if you can make the argument that precluding other designers from making a certain article of clothing will promote progress, I’d love to hear it.? Plus, very little of the fashion industry’s money goes to the individual designer, anyway, and only the large fashion power houses can afford a cadre of copyright lawyers. ?Call it a hunch, but I doubt a single designer selling her clothes at a boutique in Plano, Texas has Fulbright & Jaworski on speed dial. ?Most importantly, intellectual property laws exist for the benefit of the public, not the industry.? So, I guess we still haven’t figured out who exactly will benefit the most from this bill or what it will accomplish.? Or have we?
I’ll leave you with this.? The proposed amendment isn’t a start; it’s not even a step in the right direction.? I suggest we start over and first figure out if, and to what extent, fashion is copyrightable before we tackle infringement.? The proposed amendment hasn’t passed yet but it’s predicted to.? Still, with climate change, unemployment, the economy, immigration, the war in Iraq, and the mid-term elections coming up, I think Congress may have bigger fish to fry than this one.? Let’s hope it gets tabled so we can start over and do it the right way.
About the Author
Beth is an Intellectual Property attorney licensed to practice before the United States Patent and Trademark Office and the State Bar of Arizona. She received her B.S. in Biological Sciences from CSU, Sacramento and her J.D. from Whittier College School of Law, where she earned a Certificate in Intellectual Property. She enjoys being a solo practitioner in Phoenix, Arizona.
Tags & Categories Tags: beth hutchens,96 Color Mac EyeShadow but don’t want the calories going straight to their hips, Copyright, copyright infringement, copyright law, Copyright Office, fashion,Air Jordan 4, senator schumer
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This entry was posted on Wednesday, October 13th, 2010 at 11:27 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

Monday, May 30, 2011

People's Liberation Army rank Introduction

A bar Star: Second Lieutenant
a bar two weeks: Lieutenant
a bar Samsung: Star Captain
two bars: two bars two weeks
Major: Lieutenant Colonel Samsung
two bars: Colonel
two four-star bars: A Mai Star Colonel
: Major General
a Jimmy Award: Michael will be a Samsung
: General


Army General army badges on the current military rank system for the highest rank in the army, rank of the Ordinance, the Central Military Commission vice chairman of the Central Military Commission, Chief of Staff, Army General Political Department Director shall be granted the rank of general. Chia Tai Army General or the principal officers of the rank of military staff. CP staff, including Deputy Chief of Staff Military District, deputy director of the General Political Department, General Logistics Department Minister, political commissar of the military region commander, political commissar of the other



Army General soft ones
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badges
Army General Lieutenant General

was deputy principal officer level military rank. Deputy vice minister of military staff, including the General Logistics Department, deputy political commissar, deputy commander of military region, deputy political commissar, chief of staff, political, and other deputy director of military staff officers. In addition, the Army or the CP will be military officers, military staff and is supporting rank.



Lieutenant soft ones





Army Major General Lieutenant General insignia badges for the Army is Major General
military and military officers, deputy principal rank. One is military, including army commander, political commissar of the military and military-level provincial garrison commander and political commissar, and other are military officers; deputy military, including Army, deputy commander and deputy political commissar, chief of staff, political director of the provincial military region deputy commander, deputy political commissar, chief of staff, deputy political director and other military officers. In addition, the Army Major General, or deputy division level military officers, staff, and are supporting rank.



Army Major General soft ones





Army Colonel Major General insignia badges

Army colonel for the Army The main division chief officer rank. In addition, it is the Army deputy military officers and deputy division level (brigade level) aid rank officers.



Army colonel soft ones



Army colonel insignia badges


Colonel Colonel Vice-division level for the Army (brigade level) officers and regiment level (deputy brigade) the principal officer rank.



Colonel soft ones




colonel insignia badges

Lieutenant Colonel Lieutenant Colonel for the Army Deputy The main group level officer rank. In addition, it is the army regiment level (deputy brigade) officers and auxiliary officers are the rank of battalion level



Lieutenant Colonel soft ones



Army Lieutenant Colonel Major
badges badges

army major camp for the Army staff officers are the main rank. In addition, it is the level of deputy regimental army officers and auxiliary officers, deputy battalion level rank.



army major soft ones




Army Major insignia badges

Army Captain Captain for the Army, Army deputy battalion level Even the military staff officers are the main rank. In addition, it is the Army's deputy with the rank of staff officers of the Auxiliary.



army captain soft ones




army captain epaulet insignia

Lieutenant Lieutenant with the Army staff, deputy The main officer rank. In addition, it is now with the Army staff officers and staff officers of the auxiliary row rank.



Lieutenant soft ones




Army Second Lieutenant Lieutenant insignia badges

Army staff officers ranked lieutenant for the Army The main rank. Army officers in the rank of second lieutenant in the Army the lowest level.



Army lieutenant soft ones




Army lieutenant badges soldiers








Lu Junwen technical cadres

Lu Junwen three cadres badges badges





Army trainees < br>



Army trainees soft ones






Army Navy rank badges student naval rank pages
is golden yellow, trim and vertical color bar Yan **** sub military services, the Army is now red, black Navy, the Air Force is sky blue.



Admiral soft ones





Navy Admiral insignia badges participants
















sailors

Air Force rank style and the same land and sea, blue vertical bars for the Air Force General

Air Force insignia on the military staff officer for the Air Force CP main rank, but also the current military rank system in the Air Force the highest rank. Generally only granted the rank of Air Force Air Force commander, political commissar of the Air Force.




Air Force will be soft ones







air force insignia air force general

Sunday, May 22, 2011

Turn leading a large seating learning

If you are responsible for the reception, it is often encountered in conference leadership seating problem. How to arrange seating leadership? Work is often taken for granted by many people, the results are often wrong than not know, just do not admit it.
a meeting arranged seating podium seating
podium, leading to a single number, the principal leaders of the middle, 2 left-handed leadership of the leadership in the 1st position No. 3 leadership position in the right hand leading No. 1; example: the Sixteenth CPC Central Committee Political Bureau Standing Committee of the Fourth Plenary Session of the seating arrangement of Figure


leadership is even, while the leadership 1,2 center, leading No. 2 leader still left in position 1, 3, No. 1 leader still led the right hand position. Can be found at the Sixteenth CPC Central Committee Political Bureau Standing Committee of the Fourth Plenary Session of the seating arrangement chart:


Photo caption: Hu Jintao, general secretary because it was ranked as one, as the old leadership of Jiang Zemin, was ranked II.
II
banquet seating dinner guests, usually accompany the main door in the face of the position, the Deputy Lord be with the Lord to accompany the opposite side, 1 right hand to accompany guests in the main, 2 left hand to accompany guests in the main No. 3, Vice accompany guests in the right hand, 4 to accompany the guests left in the vice, the other free.

three seating
signing ceremony, master of the left parties, the guests in the owner's right.



four cars traveling the seating
No. 1 right behind the driver seat, 2 seats are in the drivers behind 3 No seat is in the driver's side. (If the three rear seat passengers, the No. 3 seat in the back row in the middle.) Car drivers in the main block in the first row behind the No. 1 seat by the window position.
if the owner personally driving to the driver's seat on the right as the first, second right back row, left the third, but the middle rear seat as the Moxi, front center seat is not appropriate to arrangements for guests.
couple driving the owner, the owner of his wife sitting front, guests couple taking a back seat, if the host couple couple cars carrying friends, then invited his friends to sit the front seat, a friend of the women taking a back seat or allow friends to sit front seat couples.
owner personally driving, take off only one person, the owner should sit next to. If sitting in the same people, the middle front of the guests got off to sit in the back seat of the guests should take the front seat change, the most vulnerable to neglect of etiquette.
wagon shuttle guests: station wagon with the driver's seat after the first row of the front row for the honor, the back were small. Inferiority or superiority of their seats, according to Wang Zuoce diminishing the right of each row.

V.
seating arrangements for a group photo with the same podium arrangements.

six, meeting rooms
(a)

(A for the passenger side, B is the main square)
(b)