Bubbles! The indispensability of the Comparative Advertising Directive to trade mark law

The use by H3G of bubbles in a television advertisement comparingmobile telephone prices complied with the Comparative AdvertisingDirective and thus did not infringe O2's trade mark registrationsfor bubbles. Supplementary data in the form of a clip of theadvertisement discussed in this article is available at www.jiplp.oxfordjournals.org.     

Population genetics of nine short tandem repeat loci: allele frequency distribution in a Brazilian population sample

Gene and genotype frequencies in relation to the D3S1358, vWA, FGA, TH01, TPOX, CSF1PO, D5S818, D13S317, and D7S820 loci were determined in a sample of 290 unrelated individuals (204 Caucasians and 86 mulattoes) living in the city of S?o Paulo, Brazil. The sex test Amelogenin was also performed in all subjects from our sample, revealing the expected sex in all instances. Allele frequency data obtained from the analysis of these samples were in the usual range of other population groups with similar racial background. In the sample of Caucasian individuals, panmictic proportions were ruled out in relation to TPOX and CSF1PO loci, but only in the latter was the overall frequency of heterozygotes significantly less than expected. In the sample of mulattoes, Hardy-Weinberg proportions were rejected in relation to FGA and CSF1PO loci, but in no instance were the overall numbers of heterozygotes different from the corresponding expected ones under panmixia. Taking into account all this and also the number of tests performed, the degree of genetic heterogeneity of Brazilian populations, and the critical level reached by the significant results (1% < alpha<5%), the departures from panmixia here observed can be considered to be negligible in altering significantly biologic relationship odds calculated under the assumption of random matings.     

DNA typing: an accessory evidence in doping control

A clear positive case for anabolic steroids doping was confounded by alleged urine tampering during doping control procedures. Review of the chain of custody showed no flaws, but nevertheless the athlete was adamant that the urine sample should be analyzed for DNA in order to support her contention that she was not the donor of the sample. The results obtained showed that the urine sample that scored positive for steroids contained nuclear DNA that could not be matched to the DNA obtained from the athlete's blood. On the other hand, the same urine sample contained mitochondrial DNA whose nucleotide sequences spanning the hyper variable regions HV1 and HV2 proved to be identical to those determined in mitochondrial DNA amplified from the athlete's blood. The occurrence of an extraneous genotype is compatible with exogenous nuclear DNA admixture to the athlete's urine. Alternatively, taking in consideration the mitochondrial DNA, we could not exclude that a sibling or a maternal relative of the athlete could have acted as a donor of the urine utilized for doping control and DNA analysis. Both situations point to possible tampering of the urine by the athlete. Adjudication at CAS maintained previous national and international federation decision that there was no proof of a chain of custody flaw to justify the athlete's allegation of urine substitution after collection.     

Is consent required to use registered trade marks on model replica cars?

A car manufacturer that is a proprietor of a trade mark registeredfor toys cannot prohibit use by a third party of its trade markon model replica cars unless such use affects the functionsof the trade mark or takes unfair advantage of, or is detrimentalto, the distinctive character or repute of the mark.     

A Silver‐Stain Modification of Standard Histological Slide Preparation for Use in Anthropology Analyses

The traditional histology method typically employed by forensic anthropologists involves plastic embedding of undecalcified bone. The embedded sample is then cut by a diamond blade saw and ground to the required thickness of ~50–100 microns using a grinder. There are several limitations to this method: Cement lines may be blurred; depth‐of‐field artifacts may result from viewing thick sections; and medicolegal offices with limited budgets may not be able to invest in additional equipment or training for this method. A silver nitrate stain modification of the standard histology preparation technique of decalcified bone is presented. The benefits of this technique are that: Cement lines are viewed clearly; no depth‐of‐field artifacts are present; and because this is a modification of the standard technique used by histology laboratories typically employed by medicolegal offices, no additional equipment or training is required.     

An Ever-Shadowed Past? Citizens’ Attitudes towards the Dictatorship in Twenty-First Century Portugal

Abstract

Several years after the transition to democracy, positive attitudes towards the authoritarian past are still observable in Portugal: the belief that the previous regime had more good things than bad things is expressed by about one-fifth of the Portuguese. What explains this nostalgic sentiment? Are factors such as socialisation under the regime, party identification or religiosity more important than satisfaction with democracy and the state of the economy? The empirical analysis suggests that the relevance of these factors varies considerably, but socialisation phases lead to different stances on the past both in routine times and in times of economic crisis.     

Portuguese Democratisation 40 Years on: Its Meaning and Enduring Legacies

Abstract

On the fortieth anniversary of the Carnation Revolution, it is pertinent to ask how Portuguese citizens understand their transition to democracy. In this article, some of the main findings concerning the meanings and legacies of 25 April 1974 are presented, drawing on the findings of two surveys focusing on Portuguese attitudes towards 25 April and fielded in 2004 and 2014, respectively, to a representative sample of the Portuguese population. Here we focus on the degree to which the transition is viewed positively and its social and economic legacies. In the final sections, the main findings of the articles in this special issue are discussed through a presentation of the main questions they answer and the new ones they raise.     

Sudden Death Secondary to an Undiagnosed B‐Cell Lymphoma of the Hypopharynx and Infiltration of the Inferior Constrictor Muscle

The aim of this presentation was to share an uncommon form of sudden death, suffered by a 64‐year‐old woman, due to a mechanical obstruction of hypopharynx by an undiagnosed B‐cell lymphoma, infiltrating the inferior pharyngeal constrictor muscle. A forensic approach by means of scene investigation, circumstantial data collection, autopsy, and histological and toxicological investigations led to conclude that the cause of death was asphyxia, correlated with B‐cell lymphoma of the hypopharynx. The autopsy examination highlighted the presence of a wall thickening, infiltrating, and projecting into the hypopharynx lumen. The histological analysis showed the essential finding of a B‐cell lymphoma of the hypopharynx, diffusely infiltrating the inferior pharyngeal constrictor muscle. To conclude, this case demonstrates once more that in the absence of specific data, a thorough forensic investigation including autopsy, histological examination, and circumstantial data collection is mandatory to reach a correct cause of death.     

The Time Path of Legislative Party Switching and the Dynamics of Political Competition: The Italian Case (1996–2011)

Political competition is more realistically described as a dynamic process rather than as a series of static stages in which parties compete over policy and government formation. This paper focuses on legislative party switching as the main manifestation of this endogenously evolving process, linking individual switching behaviour to policy and office incentives that are assumed to evolve throughout the life of the entire legislature. Using a new data set tracking the timing of MPs’ changes in party affiliations between 1996 and 2011 in Italy, it is found that switching is mainly motivated by policy reasons and that it is more likely during government formation periods and budget negotiations. These results are a consequence of the interplay between MPs’ ambition and the alternation of key phases in the legislative cycle.