US 11th Circuit rules that a mark must be likely to be seen to cause confusion

The 11th Circuit upheld the District Court's ruling that therewas no likelihood of confusion when a company's trade name wasimproperly used on component parts in a water-meter readingsystem, manufactured and sold by other companies. The 11th Circuitfound that the plaintiff had not shown that it was likely thatrelevant consumers would ever see its trade name used on componentparts within the larger meter system. Where relevant consumerswere not likely to encounter the use of the plaintiff's tradename, there could be no likelihood of confusion.     

Les échevins et la formulation des politiques: Note méthodologique

Sommaire. Cet article examine la question du rǒle des échevins dans la formulation des politiques municipales, tout particulièrement les aspects méthodolo-giques de la question. Dans une première section, nous démontrons que la plupart des études qui ont analysé le rǒle des échevins n'ont pas réussi à ex-pliquer l'output municipal. L'échec s'explique par le fait que ces études privi-légient à peu près exclusivement les attitudes des échevins et n'accordent que peu de place aux comportements et au contexte objectif et concret dans lequel les échevins travaillent. Dans une deuxième section nous démontrons, à partir du cas de Hull, comment une étude des conditions concrètes de travail des échevins peut nous éclairer sur la formation des politiques municipales. Cette etude des ‘ faits matériels » du monde des échevins souligne l'importance des administrateurs municipaux. Les décisions du Conseil municipal ne relevent que très peu de considérations abstraites et ces décisions sont prises dans un cadre donné, un cadre en bonne partie façonné par les administrateurs municipaux. En somme, la principale conclusion qui nous semble émerger de l'étude, c'est l'importance, pour bien saisir le rǒle de l'échevin dans la formulation des politiques, de situer ce rǒle dans sa pratique quotidienne. Abstract. This article examines the question of the role of municipal councillors in the formulation of public policy, with particular emphasis on the methodological dimension of this question. In a first section the authors show that most of the studies that have examined the role of municipal councillors have not succeeded in explaining the municipality's policy output. This failure can be explained by the fact that these studies look principally at the attitudes of the councillors and give very little attention to behaviour or to the real environment in which the councillors work. In a second section we attempt to show, based on the example of Hull, how a study of the concrete working conditions of municipal councillors can illuminate the process of policy formulation. This study of the councillors' ‘real world’ illustrates the importance of the municipal administrators. Council decisions are not taken in the abstract, they emerge from a specific context or framework and this framework is largely structured by the municipal administrators. The major conclusion that emerges from the study is the importance, in order to understand the role of municipal councillors in policy-making, of situating this role in the context of the day-to-day work of the councillors.     

Insect succession and decomposition patterns on shaded and sunlit carrion in Saskatchewan in three different seasons

A study was conducted on decomposition and insect succession in the Prairie Ecozone of Saskatchewan in the year 2000. Eighteen domestic pig carcasses (42-79 kg) were employed as human models for applications to future homicide investigations in this region. Two major variables were considered including the effect of season and habitat (sun versus shade). Research was conducted over 25 weeks, spanning three seasons: spring, summer and fall. Ambient temperature, internal carcass temperature, faunistic succession over time, and the rate of decay were all compared for each experimental variable. Results indicated that habitat was only a factor in the decompositional rate of carrion in the spring season. The ambient temperature was the chief factor determining the seasonal variations in decay rate. Maximum internal carcass temperatures always coincided with the presence of 3rd instar larvae. Patterns of insect succession occurred in a predictable sequence that varied across different habitats and seasons and was unique compared to previously published studies. Carcasses placed in spring and fall attracted a more diverse assemblage of insects than summer-placed carrion. Sun-exposed carrion also had greater variation in fauna than shaded carrion in spring and fall. Members of Silphidae were the first coleopteran colonizers in all habitats and seasons. This paper also marks the first record for Cochliomyia macellaria (Fabricius) in Saskatchewan.     

Design and Crime: Proofing Electronic Products and Services against Theft

This paper introduces the work of Project Marc (an EU-funded project to develop mechanisms for assessing the risk of crime) and discusses both difficulties encountered throughout the project and progress made since the project ended. The authors introduce the papers contained within this special edition and summarise their relevance to crime-proofing. The paper discusses progress made within this field in the decade prior to Project Marc and makes recommendations to ensure that the ideas move forward.

Whose business is your pancreas? Potential privacy problems in New York City's mandatory diabetes registry

This article examines a recent New York City health regulation that mandates the compilation and storage of individual medical data from nearly all diabetics in a centralized registry. The authors distinguish this novel registry from prior health registries and scrutinize its potential to compromise individual privacy. In order to address privacy and other concerns, the authors offer suggestions for changes to the current statutory framework of the registry that will also be useful when considering the creation of similar public health registries in other cities.     

The new consumer and business protection regulations: another string to the brand owner's bow?

Legal context: This article assesses the impact of The Consumer Protectionfrom Unfair Trading Regulations 2008 (CPRs) (implementing theUnfair Commercial Practices Directive) and The Business. Protectionfrom Misleading Marketing Regulations 2008 (BPRs) (implementingthe consolidated and codified Misleading and Comparative AdvertisingDirective) on areas of marketing and advertising in which IPrights often become involved and the impact of the recent ECJdecisionon their application in the O2 v Hutchison 3G referencebythe Court of Appeal. Key points: The CPRs govern advertising and promotional activities aimedat consumers. Much of the consumer and business protection legislationpreviously scattered amongst various Acts has been repealedand replaced by elements of the BPRs or CPRs. In total, 36 Regulationsand Orders and 41 Acts are affected. The BPRs now govern misleadingmarketing and comparative advertising, previously dealt withunder the Control of Misleading Advertising Regulations 1988.The article looks at how these Regulations may be applied insituations which interested parties currently attempt to resolveusing trade mark or passing off laws. Practical significance: The new Regulations are aimed at the protection of consumersand businesses from unscrupulous marketing and trade promotionpractices which affect their economic behaviour. Thirty-onepractices are specifically identified as automatically fallingfoul of the Regulations. Businesses will need to review theirpractices to avoid the possibility of criminal penalties includingfines and imprisonment for consenting, conniving, or recklessofficers of businesses involved in such practices. Until the ECJ decision in O2 v Hutchison 3G, it had been thought(from Jacob LJ's finding in his reference to the ECJ in thiscase) that trade mark law had no role to play in comparativeadvertising as it was specifically provided for under the ComparativeAdvertising Directive and hence under the BPRs. Since thesedid not provide an individual right of action (the OFT or TradingStandards alone may enforce), it left trade mark owners withlittle muscle in comparative advertising situations. However,the ECJ made clear that where practices fail to satisfy thecriteria set out in the Directive for legitimate comparativeadvertising, trade mark law may be invoked as a remedy. Thiswill be a relief to major brand owners for whom comparativeadvertising is commonly a concern.