Zon's Education/Edutainment Blog

Below is a copy of my paper for Full Sail's last class. I found the Lanham Act which is the key document that describes all US trademark laws.

To Register or not to Register: The Lanham Act and Basic Natural Trademark Laws

Zon D. Petilla

Full Sail University

Many people consider if they should register their intellectual property (IP) with the United States Patent and Trademark Office (USPTO) when other successful independents have not (Scott, Straub, Kellett, and Guigar, 2008). For example, before becoming a TV show on AMC, Robert Kirkman protected ?The Walking Dead? as a ?TM? and not a ??? for register trademark (Kirkman, 2005 and Pennington, 2010). Thus, this paper is not to question the decision to register a trademark or not, but instead to explore how the Lanham Act protects natural trademarks through analysis of a court case. The case of Natural Answers Inc. versus Smithkline Beecham Corporation (d.b.a. GSK) explores how natural trademarks are protected under the Lanham act (Marcus, 2008). This paper will review this case in regards to trademark law then explore the implications as it relates to NeoGlow Entertainment?s future IP practices.

Summary of Facts from Court Case

Natural Answers from 2000 to 2002 developed, produced, and marketed herbal supplements such as ?HerbaQuit Lozenges?. Without Food and Drug Administration (FDA) approval, this product was marketed and produced to help people stop smoking by satisfying their physical and psychological cravings for Tobacco. Natural Answers filed trademark applications for both ?HerbaQuit? on April 12, 1994 and ?HerbaQuit Lonzenges? on May 27, 1995 with the USPTO. Unfortunately, both were rejected; nonetheless, in 2000, Natural Answers marketed and sold HerbaQuit Lozenges in drugstores, supermarkets, convenience stores, and over the Internet (Marcus, 2008). Thus, Natural Answers placed their product for public consumption and used their natural trademark rights under the Lanham Act (?Lanham (Trademark) Act (15 U.S.C.) Index,? n.d.).

Under the Lanham Act, Natural Answers? unregistered trademark for HerbaQuit was protected because the product was being marketed and offered to the public (Marcus, 2008 and ?Lanham (Trademark) Act (15 U.S.C.) Index,? n.d.). From March to April 2001, GSK showed interest in an agreement with Natural Answers but never established an official deal to distribute HerbaQuit. After 50,000 packages were produced, Natural Answers off-shelved HerbaQuit March 2002 and discontinued production November 2002. In 2003, after a failed attempt to solicit to the Philip Morris USA Inc., Natural Answers seemed to stop production and sales of HerbaQuit in open markets (Marcus, 2008).

GSK, seven months after HerbaQuit was not visible on store shelves in 2002, decided to launch an FDA approved anti-tobacco product called ?Commit Lozenges?. GSK advertised this motto with their product, ?the first and only stop smoking lozenge?, which discredited HerbaQuit being on the market first or at all. GSK had started development of their product in 1998 about four years after HerbaQuit; however, they had FDA approval in 2002 after applying for product approval in 2000. Moreover, GSK had a registered trademark as of 2003 for Commit Lozenges. By 2005, Natural Answers pursued a ten-count complaint against GSK with the United States District Court for the Southern District of Florida and later appealed the court?s decision in 2008 in the United States Court of Appeals, Eleventh Circuit, (Marcus, 2008).

The Legal Issue

Did GSK violate Natural Answers? trademark? Although Natural Answers filed a ten-count complaint related to GSK, for the purposes of this paper, the counts defined and listed in this section are more related to a potential direct violation of the Lanham Act. Also note, if the Lanham Act had been violated, then GSK would also more than likely be guilty of violating local state common laws as well (Marcus, 2008).

The following list defines the trademark infringements that Natural Answers accused GSK in relation to the Lanham Act and other related common laws:

? ?Federal Trademark Infringement under 15 U.S.C. ??1125(a)?: This relates to laws that protect both registered and well-known unregistered marks from other companies to market and sell similar products (USPTO, 2010). For example, Natural Answers held no registered trademark of their product; however, when their product was advertised and sold in stores, it was protected (Marcus, 2008).

? ?Federal Trademark Infringement Based on Reverse Confusion under 15 U.S.C. ??1125(a)?: This relates to an infringement that happens when a product is marketed in a way that causes consumers to mistakenly connect one brand to another (?Reverse Confusion,? n.d.). For example, GSK had advertised the Commit motto as, ?the first and only stop smoking lozenge?; thus, Customers who were aware of HerbaQuit before of Commit might have thought the name had changed because to them HerbaQuit was the ?first? and ?only?; in turn, consumers may confuse HerbaQuit with GSK?s product (Marcus, 2008).

? ?Common Law Trademark Disparagement?: This relates to misleading claims caused by a competitor of a similar product on the same market (?Trademark Infringement and Product Disparagement,? n.d.). For example, GSK stated, ??only stop smoking lozenge?, to describe their Commit Lozenges, which could make people think that there are no other similar products on the market such as HerbaQuit (Marcus, 2008).

? ?Common Law Trademark Infringement?: This would be a violation of local state trademark laws (i.e. distribution issues affected by the marketing and selling of either product) (Marcus, 2008 and ?Common Law Trademark Rights, ?n.d.).

The Original and Appeals Courts? Analyses

Given the facts, the original court found that GSK was not guilty of the claims made by Natural Answers because Natural Answers abandoned their product; thus, any infringements or accusations of harm that happened to Natural Answers or their product ?HerbaQuit? was void. Upon a United States Court of Appeals review, Marcus (2008) noted: ?Under the Lanham Act, a trademark is deemed abandoned, and, thus no longer valid, ?[w]hen its use has been discontinued with intent not to resume such use.?? The United States Court of Appeals reviewed the evidence from the original case in these terms.

Marcus (2008) cites as precedent ?Cumulus Media, Inc. v. Clear Channel [Commc'ns], Inc., 304 F.3d 1167, 1173 (11th Cir.2002)?; meaning, if GSK proved that Natural Answers abandoned their product on the market, then GSK is not guilty of causing any harm to Natural Answers. As of 2002, the fact was Natural Answers showed no public intent to continue pursuit of their brand and had pulled their product off the public market. According to the Lanham Act, even though Natural Answers could argue they had a natural established trademark through various media forms such as the Internet, they no longer continued to market and offer their product for sale; in turn, they lost trademark protection under the Lanham Act (Marcus, 2008).
The Original and Appeals Court?s Final Decisions

By 2005, the original court?s decision sided on behalf of GSK not with Natural Answers because Natural Answers did not have FDA approval, a registered patent or trademark, or a product that was currently on the market. Thus, GSK was cleared against all claims made by Natural Answers because no apparent trademark violations were made. Natural Answers, feeling they still had a valid case, contested the original court?s decision and appealed (Marcus, 2008).

Upon a 2008 review by United States Court of Appeals, Judge Marcus (2008) had affirmed the original court?s decision based on the evidence that was presented and the state of Natural Answers? HerbaQuit Lozenges? production and market presence while GSK?s Commit Lozenges was on the market (Marcus, 2008). In regards to the sprit of the Lanham act and new precedent, Marcus (2008) did not feel this was a landmark case nor that any new exceptions should be made because Natural Answers was at the time not protected under the Lanham Act in anyway after the product was off the shelves in 2002.

Discussion

In hindsight, this case shows a company losing their trademark rights because they stopped marketing and selling their product to the general public. Simply put, before securing what was needed for a successful run, Natural Answers started product production and marketing. In regards to GSK negotiations, it seems Natural Answers feels they gave GSK an idea before GSK had filed for both FDA approval and a USPTO Trademark for their Commit Lozenges (Marcus, 2008).

In regards to their solicitations, Natural Answers went into production before exploring different options that could bring more credibility to their product. Before the case began, NeoGlow Entertainment (NE) believes that if there was more evidence (i.e. scientific studies) for Natural Answers? claims of what HerbaQuit could do, then more sponsors and investors would have been more interested in investing in the production and marketing of the product prior to 1998.

For the 2003 Philip Morris USA Inc. Deal, Natural Answers simply needed money to continue, and approaching Philip Morris seemed a desperate attempt by Natural Answers to keep their product running because by that time GSK?s product was on the market with FDA approval (Marcus, 2008). How can NE avoid a similar issue related to its products? When we put a product out, we see it through; meaning, before fully committing to production, we will secure partnership agreements and necessary resources needed for successful product launches.

Considering applications of this case, NE has a better understanding of how registered and natural trademarks work under the Lanham Act. According to the Lanham Act and this case, ?Web-presence? is not enough to maintain a natural trademark. The purpose of a trademark is to help consumers identify one brand over the other; in regards to products, a business must attempt to sell a product not only market it in order to maintain their natural trademark rights under the Lanham Act (USPTO, 2010 and ?Lanham (Trademark) Act (15 U.S.C.) Index,? n.d.).

In conclusion, NE?s practices remain unchanged in our product and service development. We continue to develop strategic partners, sponsors, and investors in relationship to our projects, products, and services. Of course, studying this case has filled in many grey areas of what we should trademark and why. For example, the ?popularity? or ?well-known? argument in the Lanham Act directly corresponds to our web-presence because the ?popularity? of NE or it?s products and services could be brought into question in relation to trademark and common law disputes (?Lanham (Trademark) Act (15 U.S.C.) Index,? n.d.). Pending our filling date, NE or a name related to NE will be a registered trademark sometime in 2012; on the other hand, our related products will more than likely fall under natural trademarks. As mentioned before, Kirkman?s ?The Walking Dead? is not a registered trademark, but the company that publishes his products, ?Image Comics?, has a registered trademark with USPTO (Kirkman, 2005 and Scott, Straub, Kellett, and Guigar, 2008). Future NE research will be more directed to Internet trademark law and common laws in regions that NE will market or sell products in. As laws change, our education must continue (Finnegan, 2011).

References:
Common Law Trademark Rights (n.d.) (Trademark) Act (15 U.S.C.) BitLaw. Retrieved on April 19th, 2011 from http://www.bitlaw.com/trademark/common.html

Finnegan (2011) Internet Trademark Case Summaries. Retrieved on April 20th from http://www.finnegan.com/publications/updatenewsletters/itcs/

Kirkman, R, (2005). The Walking Dead. Berkley: Image Comics

Lanham (Trademark) Act (15 U.S.C.) Index (n.d.) BitLaw. Retrieved on April 19th, 2011 from http://www.bitlaw.com/source/15usc/

Marcus (2008) Natural Answers Inc v. Smithkline Beecham Corporation

April 9th, 2011 from: http://caselaw.findlaw.com/us-11th-circuit/1206578.html

Pennington, G. (2010) AMC picks up 'Walking Dead' for Season 2 Retrived on April 18th 2011 from http://www.stltoday.com/entertainment/television/gail-pennington/article_38e970f8-eb7f-11df-a05c-0017a4a78c22.html

Reverse Confusion (n.d.) Reverse Confusion. Retrieved on April 19th, , 2011 from http://definitions.Reverse Confusion.com/r/reverse-confusion-trademark/
United States Patent and Trademark Office (2010). Office of the Administrator for Policy and

External Affairs: Well-known Marks [Webpage]. Retrieved on April 20th, 2011 from http://www.uspto.gov/ip/global/trademarks/ir_tm_marks.jsp

Scott, K, Straub, K, Kellett, D, and Guigar, B. (2008) How to Make Webcomics. Berkley: Image Comics

Trademark Infringement and Product Disparagement (n.d.) The Business Litigators Retrieved on April 20th from http://www.thebusinesslitigators.com/lawyer-attorney-1404046.html

Source: http://zons-education-edutainment.blogspot.com/2011/05/to-register-or-not-to-register-lanham.html

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Sasquatch 2011: Bob Mould, Live In Concert

Enlarge Courtesy of the artist

Bob Mould.

Courtesy of the artist

Bob Mould.

Language Advisory: This is a live concert recording, and may not contain language suitable for all audiences.

Bob Mould has been massively influential in many guises, whether in the combustible Midwest rock band Husker Du, at the helm of the hit-making '90s pop band Sugar, or as a solo performer whose work has touched on everything from his classic work to all manner of electronic and dance music. Mould has even written for professional wrestling, and will release his first book, See a Little Light: The Trail of Rage and Melody, next month.

Recorded live at The Gorge on Friday, May 27, Mould plays lean, spirited rock 'n' roll to help kick off the 2011 Sasquatch Music Festival outside Seattle, Wash.

Source: http://www.npr.org/2011/05/23/136582178/sasquatch-2011-bob-mould-live-in-concert?ft=1&f=10001

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Car finance for commercial vehicles | Financial Crossing

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Source: http://www.financialcrossing.com/car-finance-for-commercial-vehicles/

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Auto repair-Checking the Car Battery

Without a battery your car would go no where. The battery is what gets everything running in a car. The battery is also used to power other things such as the radio and other parts of the vehicle. Just like everything else in your car the battery does need to be check on occasionally. After many months of use it is faced
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4. Clean the battery. Before you do any cleaning you must remove the cables. You must always remove the cable from the negative side first, to do this look for the negative symbol. Also when attaching the cables you must put on the positive first. If you see deposits of gunk and powder clean it out with a cloth or something you dont mind getting dirty. The powered substance that you see on the top of your battery is usually dried battery acid. Use baking soda and water along with a rough brush to really get a good cleaning.
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Following these steps every month should ensure a long battery life and save you a lot of money on replacement batteries.

This entry was posted on Friday, May 27th, 2011 at 11:53 am and is filed under automotive repairs. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Source: http://www.jx123.info/auto-repair-checking-the-car-battery.html

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How should i go about investing in stocks ? | ideQ

ideq | May 28, 2011 | 4 comments

i was thinking of entering the stock market world and start investing, i have to admit that i am young and only in high school, but i have such an attraction to the stock market. i plan to use the money to save up and help pay my tuition for college. Ive been reading about stocks and researching but i need help in going into it.

How could i start ? What could i do as of now to help me invest properly, and what tips could you give me once ive started ?

thanks in advance.

Filed Under: Investment

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Source: http://www.ideq.net/investing-stocks/

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Zach Braff Joins James Franco For 'Oz The Great And Powerful' In Today's Casting Call

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Source: http://moviesblog.mtv.com/2011/05/27/zach-braff-joins-james-franco-for-oz-the-great-and-powerful-in-todays-casting-call/

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Strategies for First-time Bbq grill Entrepreneurs ? ArticleCobra.com

Cooking, as well as Barbequing is often an accurate American tradition. A lot of Americans are finding them selves with a barbeque grill for the first time. Good experiences using your barbeque grill will surely result in utilizing your bbq a growing number of.

Thinking ahead

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Another probable problem while bbq?ing may be the temperature. As you are not able to ensure that the climate stays great your own bar-b-que occasion, a great amount of organizing will allow you to stay away from the days by which bbq?ing is merely just out of the picture. Observe the next thunderstorm funnel or perhaps check out on-line on your every week outlook. When bad weather or perhaps cold weather is likely at the time you are thinking about having your bbq, it could be best if you wait for greater forecast.

Make sure that you make forward for the bar-b-que. Twelve to be able to One day prior to deciding to intend on start the party, be sure to unfreeze, prepare, and also marinate your meats you will be cooking food. When you have the actual meats saved absent, taking in your marinate, you then ought to start off thinking of what types of aspect dinners you may be obtaining. If you want an entirely custom barbeque, you may want to stick to classic sizes. Conventional barbeque factors contain carrots, spud greens, baked espresso beans, and also coleslaw.

Maintenance

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First of all , should be done to your own grill is really a schedule combing. Using your brass cable bbq clean (or other clean suited to your kind of bbq grill) you need to brush off of the many materials. By consistently scrubbing the bbq bbq, you may reduce almost any build-up. In case accumulation via meals are left to prolonged, it can become significantly difficult to get rid of. Once you have cleaned your areas of your barbeque grill, you then ought to give attention to their shelving. Your shelves in your bbq are specially important as this is where the foodstuff touches when it?s food preparation. You will need to utilize the insert brush to eliminate the maximum amount of build up as it can be. After you get rid of whenever you can, start cleaning your shelving along with dish cleaning soap. When the racks are actually dirty, you can even want to use the particular material made of wool pads. Be sure to totally rinse away from most soapy deposits before cooking about these racks once again.

This method must be completed whenever an individual cook on your own barbecue grill. In case these methods are certainly not used, some find it increasingly difficult to thoroughly clean your own bbq grill, and may realize that harm may take place.

Virtually all problems that come up through barbecue grills emanates from not enough washing and servicing. Meaning possibly one thing does not appear very correct together with your bar-b-que grill, chances are it is usually fixed with only an easy cleansing. Even though you fix it, and still see that it has difficulties, a minimum of you protected your self the possibility humiliation regarding taking this to your skilled only to discover almost all the idea required ended up being end up being cleansed.

Finally, one solution of stopping issues with the bbq bbq is safeguarding that in the outside the house. Insures are for sale to gas grills in most sizes and shapes, so itrrrs likely, you?ll find the one that fits your own bbq grill. Should you have a protective cover for the barbeque grill, then whatever you opportunity need to do is carry out the regular maintenance in the above list.

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Your Move, Patent Trolls

Sorry, patent trolls, but Apple isn't going to let you shake down iOS developers so easily. The company's issued a loud and clear response to Lodsys' attempts to make developers pay for a patent Apple's already licensed. This probably isn't the last time we'll see patent trolls bothering iOS app makers, but at least the episode's proven that Apple clearly has devs' backs in this kind of situation.

"'As the Supreme Court has made clear, "[t]he authorized sale of an article that substantially embodies a patent exhausts the patent holder's rights and prevents the patent holder from invoking patent law to control postsale use of the article.' Quanta Computer, Inc. v. LG Elecs., Inc., 553 U.S. 617 (2008)."

-- Bruce Sewell, Senior Vice President & General Counsel, Apple (Nasdaq: AAPL) Inc.

And that is how Apple responded to Lodsys.

Shaking Up the Shakedown

What is Lodsys (not to be confused with a load of crap)?

It's a patent troll company. And by all accounts, when it comes time to check in at Hell, patent trolls are said to have a spot right near the front of the line, right next to the people that put kittens in burlap sacks and throw them into rivers.

But Lodsys is not just any patent troll -- it's the type of patent troll that makes other patent trolls squirm. See, Lodsys did not go after big companies in its latest salvo of legal letters. It went after the indie developers.

The short and the long of this is that Lodsys claimed its very ambiguous (at best) patent somehow covered in-app purchases, and even though Apple had licensed its patent, Lodsys insisted indie developers that used Apples development kit / tools to allow in-app purchases still needed to pay up to Lodsys.

The best analogy of this is a low-level mafia punk shaking down a local Wal-Mart (NYSE: WMT) store for protection money and then, after getting the money from Wal-Mart, he goes and starts shaking down each supplier for money to be allowed to put products on Wal-Mart shelves. While at first it might have made sense for Wal-Mart to just pay him a little to go away, once he started messing with their suppliers, Wal-Mart would be pissed and bring in its own thugs to put a beat-down on the punk.

And that is basically what Apple did with its letter to Lodsys.

(Note to Wal-Mart lawyers: I am not saying that Wal-mart would actually or has actually hired thugs to beat up anyone -- it is just an analogy.)

Backing Up the Devs

While it appears in this case that Lodsys has been put back in its place and that Apple, to all its credit, has its developers' backs, it does raise the question: Is this the first and last issue like this, or the first of many issues like this for app developers?

Sadly, I think for app developers, this is just the first of many. However, Apple's latest move does cement the build-it-first-for-iOS sentiment out there. Not only is it more profitable to develop for iOS, it is also now safer to develop for iOS knowing that Apple has your back.

I will end this article with another quote from Bruce Sewell's (Apples) letter to Lodsys, and it is meant more as a warning for other patent trolls -- as in, stay away from iOS developers or else.

"Apple intends to share this letter and the information set out herein with its App Makers and is fully prepared to defend Apple's license rights."

---

Source: http://www.technewsworld.com/rsstory/72534.html

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Love and Relationships | domain-names.socpar.org

Love as great as Relationships

Are we in a committed full of health regretful attribute that?s unequivocally great for not usually you, though similarly for a chairman we love. Love as great as relations have been to turn done for ever, not usually a couple of days. Take a demeanour in to removing your hold up most some-more beguiling as great as eloquent by realizing how to action when it comes to those we caring most for.

The biggest thing to do in a regretful attribute is to caring for a alternative person?s needs forward of your own. Being unselfish is a core of what venerate is all about. If you?re carrying issues with rapacity we need to understanding with them successfully forward of entrance in to a wedlock or alternative vicious personal relationship. Why lift an a single some-more particular in to your issues? In a eventuality we unequivocally enterprise to assistance them, you?ll need to put them prior to yourself. This suggests sacrifice. Selfish people aren?t rebuilt to have sacrifices for alternative people. If you?re this way, save a particular we explain to venerate a painfulness of anticipating out.

An a single some-more poignant cause of venerate as great as relations will be a not asked trait of commitment. Society tends to have it formidable for a man as great as a woman to say a loyalty of holy matrimony. Within a United states of america a single is essentially constrained to flare out most some-more taxes should we be tied together than should we only stay together. But what does ?staying together? plead it society? It tells a universe we enterprise a pleasures as great as advantages of wedlock with no dedication. Again, this unequivocally is selfish. Don?t forget; venerate isn?t self-centered. Do a right thing. In box we honestly would similar to to live for a partner, have an open open joining of holy wedlock as great as get a advantages of a pure demur as well.

Read some-more articles
Stop Blaming Each Other?lay a Foundation to Reclaim Your Loving Relationship With Communication
Will You Like to Receive a Surprising Advices for Your Making Up Love Relationship?
Your Love Relationship Can Break Up in a Second?but With Work Time Will Also Repair it
Still In Love With Your Ex Boyfriend But Hate His Guts?

For any a single who is looking to turn tied together to finish your being lonely, this is a egotistic reason. Are we starting in to a wedlock to assistance have yourself happier? How most people have been we do this unequivocally thing as great as digest their lives as great as a lives of others upsetting during a process? Love as great as relations have been combined to be jointly gratifying to both persons. If a single side starts to have impractical expectations, it could be a ticking time explosve of feelings. What will occur when both parties have impractical expectations? This unequivocally is a regulation for failure. When entrance in to vicious personal regretful relationships, it can be unequivocally great to have far-reaching open information exchnage channels. You ought to plead all a expectations we competence have as well as a alternative half contingency do likewise. The word ?all? is emphasized in which prior sentence. Money, sex, a prolonged term, kids as great as any alternative critical subject should be brought out in to a contention as great as honestly forked out. Getting pure as great as frank might be a biggest process in romance.

Love as great as relations have been to be hold in tall venerate when they?re seen inside of a holds of marriage. This partnership will be a fastening fabric of humankind. In box we disaster it up, we aren?t we do anybody a favour. About 3 of 5 marriages in a Usa have been faltering, according to accessible data. Do not be a writer of this mangle down of a amicable structure.

In box we have been not a single to keep your word, generally in marriage, it?s most appropriate to keep out of a regretful relationship. Get your hold up in order. Grow to be a chairman which others can indication their life around. Later on, come in in to a suggestive regretful attribute which creates a alternative chairman a intent of importance. Be unselfish as great as turn happy.

Love Relationships ? About a Author:

John writes about venerate as great as relations as great as how to get your ex behind with you.

Source: http://www.articlesbase.com/marriage-articles/love-and-relationships-2227996.html

Source: http://domain-names.socpar.org/love-and-relationships.html

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DIY Home improvement tips | Honey Comb Interiors | Inspired by ...

Everyone tries to do a DIY home improvement project at some or other stage. This is either to increase the sale value of their house or to expand their living space. The problem is however if not done correctly a person may end up paying a contractor to rectify the mistakes.

The following tips will alleviate any problems that occur. Do not rush to complete the project. Plan everything, decide on a start date and end date. Move out for a while to reduce the time of building especially if serious renovations take place.

A person must always seek advice first. Ensure that all changes are approved by the necessary legal authorities. Inform the neighbors what is happening, so that there are no complaints later on.

Use the resources available for example friends or colleagues who are in the building industry. Log on to the internet to source products. Visit the home depot store around the corner. First discuss the areas that you want to improve. Then calculate a budget to estimate the amount you require to achieve your goal.

Contract out the things that are more difficult to do for example restructuring of a space. Avoid paying extra costs later on. When a wall, cupboard or door requires a splash of paint it is easy enough to do it yourself. Buy a step by step guide and get a professional to show you how.

Purchase an ensemble kit before buying a new table or bookcase. Follow the instructions carefully and an hour later you have furniture. If you decide to change the interior design of a room keep it simple and effective. Try not to spoil the space with unnecessary ornaments.

There is no need to put in new bathroom or kitchen tiles. There is a specific paint designed for this. There are so many different products available to restore old tiles any tile can look new.

Replacing tubs, sinks etc. is for a plumber to sort out except if someone in your family is a plumber. Leave it to the professionals. Try to avoid difficult projects. If not sure on how to fix it steer clear of it.

A DIY home improvement project is not for the faint hearted. It takes time, insight and patience. To obtain the best results plan everything in detail. Do not despair. If you approach it in the correct manner there is no need to worry.

Source: http://www.honeycombinteriors.com/diy-home-improvement-tips

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Natural Cures For Tinnitus | Articles Irresistible

Tinnitus is a condition that is extremely common among people, but many are often not aware that they are suffering the symptoms of tinnitus. You see, it is common for it to vary from person to person to the extent that it is often called subjective tinnitus. However the more severe cases can be very damaging. If you are not familiar with this condition, tinnitus is the hearing of ringing, buzzing or some other noise in your ears when it is not actually present. It helps to fully understand the condition when you are looking for cures for tinnitus.

This condition can develop in several different ways. Indeed, you may actually be doing some of these things unknowingly and should take immediate action to eliminate your exposure to these activities. Some of the causes of the conditions may be unavoidable, like medications or a degenerative condition of the inner ear, but in most cases it is things like exposure to loud noises, stress and trauma that are the causes of tinnitus.

When you are looking at the people that traditionally suffer from tinnitus, it will include people who work in construction around equipment that is very loud, concert workers and enthusiasts or people that undergo a great deal of stress in their everyday life and job.

One group of sufferers that is becoming increasingly common is the ipod listeners. We have all seen or should I say ?heard? the people who have the volume so loud on their headphones, iPod or Bluetooth that everyone around them can hear it. If they always listen to devices like this at a loud level, they are pretty much guaranteeing that they will develop some form of tinnitus somewhere down the line.

Now back to our original point that there are some forms of therapy for tinnitus, but there is no real cure. There are things like retraining therapy that can attempt to help you to alleviate some of the symptoms of tinnitus, but once you have done the damage, you are pretty much assured of that damage being permanent. There is no risk to put yourself at risk of this condition for no reason when it can easily be prevented.

You would think that it would be common sense to not put yourself at risk of getting something so devastating to your everyday life, but the sad fact is that people rarely heed such advice. For whatever reason, some people can?t enjoy their music unless it is blasting away at full volume. They will be the same ones to complain that they always have ringing in their ears and are going deaf when they are in their mid 40?s and will only have themselves to blame.

Once you?re told you have real tinnitus, the underlying issues are usually treated, either with medicine or by eliminating possible causes, such as working around loud noise or eating things you may be allergic to and which are causing ringing. With this said, the best cures for tinnitus always lies in prevention in the first place rather than remedying the symptoms.

Find out more on tinnitus at Tinnitus Relief. The site has reviews on two popular systems for relief from ringing, including a comprehensive banishtinnitus review.

Source: http://articlesirresistible.com/health-fitness/natural-cures-for-tinnitus

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Look at More?A Proven Approach to Innovation, Growth, and Change ...

May 27th, 2011 | by kutenk |

Look at More: A Proven Approach to Innovation, Growth, and Change
by Andy Stefanovich
2011 (208 pages)
ISBN:9780470949771
Designed to be an individual and organizational hands-on guide, this book offers a proven approach to help leaders and employees develop the practical skills, leadership behavior, and cultural mindset to consistently create ideas and drive innovation.
Look at More?A Proven Approach to Innovation, Growth, and Change
Introduction
Overview
Focus on Input Instead of Output
Don?t Wait for a Stroke of Brilliance
Become the Curator of Inspiration
How This Book Works: The Five M?s

Chapter 1 ? Mood
Overview
Create Purposeful Disruptions
Ask Provocative Questions
Make Bold Statements
Use Simple Language
Make Physical Changes
Become the CMO (Chief Mood Officer)
Okay, Now You Try?

Chapter 2 ? Mindset
Overview
Change Your Perspective to Open Your Mind
Skin Your Knees
Find Your Passion
Establish Confusion Tolerance: Challenge Assumptions and Embrace Ambiguity
Okay, Now You Try?

Chapter 3 ? Mechanisms
Overview
Put Ideas in Their Place
Build Your Context to Create
Generate More Effective Ideas (with these Eight Mechanisms)
Filter Your Ideas
Use Blueprinting to Bring Ideas to Life
Okay, Now You Try?

Chapter 4 ? Measurement
Overview
Set Measurable Standards to Frame Expectations
Okay, Now You Try?

Chapter 5 ? Momentum
Overview
Support Autonomy to Give People Breathing Room
Embrace (and Enforce) an Inspiration Policy
Outline a Path for Passion Progression
Recharge with a Radical Sabbatical
Empower Creative Catalysts
Keep Pursuing the Bigger Big (Again)
Create Ideals, Symbols, and Rituals

Chapter 6 ? Full Circle?The Sixth M
Appendix? The Scientific Stuff
Notes
Introduction
Chapter One: Mood
Chapter Two: Mindset
Chapter Three: Mechanisms
Chapter Four: Measurement
Chapter Five: Momentum
Chapter Six: Full Circle: The Sixth M

Get It Now by clicking below:

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Source: http://www.kutenk.com/2011/05/look-at-more-a-proven-approach-to-innovation-growth-and-change/

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Businesses Go Greener to Protect the Planet | Everything Small ...

Growing a greener business can offer many benefits?saving money, engaging employees and helping to attract new customers.

Here are a few environmentally friendly tips to help:

Power down. Turn computers and other electrical equipment off at night and on the weekends.

Monitor your thermostat. Reduce cooling bills by raising the temperature 1 degree and heating bills by lowering it a degree.

Recycle. Use recycled paper whenever possible.

Motivate employees to use less fossil fuel. Encourage your staff to take public transportation, to walk or cycle to work.

Limit travel. Reduce work-related travel by teleconferencing.

Refill rather than restock. Refill printer cartridges rather than buying new ones.

Use green contractors. If you use an interior landscaping company at work, be sure the company has been certified as Planet Positive.

For example, Ambius, a leading provider of interior landscaping solutions, recently became a certified business in recognition of the company?s commitment to reducing the environmental impact of its operation. This gained an international environmental mark that recognizes a company?s commitment to creating a better way of living.

The Planet Positive status certifies that Ambius has measured and actively reduced its carbon footprint and developed a long-term strategy to become a sustainably green company. In fact, it succeeded in reducing its carbon footprint by approximately 10 percent.

To achieve the certification, it followed a four-step process, including the measurement of the company?s carbon footprint and a commitment to reducing emissions on an annual basis. In addition, a report explaining the carbon footprint and outlining actions, targets and reductions has been made available in the public domain. The company has also made a contribution to the Cool Earth climate project that protects vulnerable rain forests from destruction.

This certification signifies a high standard of environmental achievement that aims to reduce greenhouse gas emissions and take a more positive attitude toward climate change.

As part of Ambius? ongoing strategy, it plans to reduce its vehicle fleet fuel consumption and building energy usage up to 10 percent this year. This is being done through innovative programs to change behavior, designed by Planet Positive.

Ambius businesses across North America and Europe are now Planet Positive-certified businesses. For more information, visit http://www.ambius.com.

Related posts:

Source: http://esbjournal.com/2011/05/businesses-go-greener-to-protect-the-planet/

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ASUS to unveil a phone-docking tablet at Computex?

We love teasers, but the wait can be unbearable sometimes. Luckily, all it takes is a tweak in the URL to uncover ASUS' upcoming Computex teaser pics ahead of time, as discovered by our eagle-eyed reader Anas. As you might have already figured out, the image on the left -- which just went live -- seems to be just a reminder of the Eee Pad MeMO's June launch, though the words "A Tablet That Jumps Out at You" could also imply a device bearing 3D functionality of some sort. Maybe ASUS managed to upgrade said 7-inch Honeycomb tablet just in time? We shall see.

But the real meat here lies in the remaining image, which is scheduled to close the loop on the "Pad or Phone" teaser campaign this coming Sunday. What's new is merely the intriguing line "How about Both?" below the old text, accompanying the silhouette of what appear to be a large tablet and a smaller phone-like device. Could this mean ASUS is toying with the idea of an Atrix-like docking combo, except the lapdock is instead just a tablet? We could well be stretching here, but hey, ASUS does say it wants to "break the rules," right? Stay tuned as we'll find out more at Computex 2011 next week.

[Thanks, Anas A.]

Update: It should be noted that the phone-docking idea we're referring to is not related to the MeMO and MeMic duo -- look at the second pic closely and you'll see that the smaller device has four Android soft keys, whereas the MeMic has different buttons. Check out the close-up after the break.

A close-up of the devices in the second pic:

Source: http://www.engadget.com/2011/05/26/asus-to-unveil-a-phone-docking-tablet-at-computex/

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Coast Guard releases Great Lakes Recreational Boating and Water ...

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Home / Coast Guard News / Coast Guard releases Great Lakes Recreational Boating and Water Safety Campaign Plan

CLEVELAND - The Ninth Coast Guard District is releasing the Great Lakes Recreational Boating and Water Safety Campaign Plan, establishing the overall policy for the Coast Guard's recreational boating safety and water safety campaign within the Great Lakes region.

Rear Adm. Michael N. Parks, commander of the Ninth Coast Guard District, presented the plan Thursday afternoon at a Chicago news conference in which local, state and federal agencies came together to emphasize safe boating and swimming strategies during National Safe Boating Week, the Memorial Day weekend, and leading into the summer.

At the news conference, the Coast Guard partnered with the Chicago Office of Emergency Management and Communications, Chicago Police Department, Chicago Fire Department, Chicago Park District, Illinois Conservation Police and more than a dozen regional boating industry associations.

"Simply put, this campaign plan is about saving lives and preventing - preventable marine accidents," Parks said.? "Besides being the designated coordinator of the national recreational boating safety program, the Coast Guard has a moral imperative to use our unique skill-sets and professional training to assist those who use our nation's waterways for work or play."

The overall goal of the campaign plan is to reduce recreational boating and recreational water fatalities.

The seven objectives under the plan are:

• Boating Safety Outreach;
  • deliver effective boating safety messages through various educational resources and media to reduce deaths and injuries of recreational boaters
• Life Jacket Wear;
  • increase adult life jacket wear rates throughout the Great Lakes region
• Operator Compliance, Navigation Rules;
  • reduce fatalities associated with navigation rules violations
• Boating Under the Influence;
  • achieve an overall decrease in number of recreational boating deaths where the use of alcohol or drugs by a boat's operator and/or occupants was either a direct or indirect cause
• Public Education Courses;
  • increase the number of Coast Guard Auxiliary hours devoted to public boating education courses offered within the Great Lakes region by 10 percent over the previous year's total hours, with target thresholds broken down by quarter
• Operator Compliance, Federal Carriage Requirements;
  • increase compliance levels for specific required safety equipment on recreational boats
• Water Safety Outreach
  • deliver effective water safety messages through various educational resources and media to reduce deaths and injuries among swimmers, non-boating recreational users and winter sports enthusiasts within the Great Lakes region

?

Via: Recent Updates for Coast Guard Headquarters News, Photos, Videos and Information.

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Source: http://www.weshallneverforget.com/coast-guard-news/coast-guard-releases-great-lakes-recreational-boating-and-water-safety-campaign-plan.html

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Cupcake Boxes Wholesale: A Fresh And Effective Craze For Parties ...

Have you ever been to a party or any kind of occasion lately? You have been surprised to find numerous finely decorated cupcakes presented in numerous colors as well as various flavours rather than an usual cake. Cakes are one of the preferred presents or party favors for every party however cupcakes are already a rage these days for every different types of events big or small, hence increasingly more bakers are buying cupcake boxes wholesale.

Cupcakes are normally served particularly for children?s parties or baby showers as they are highly appealing to kids plus they are easy to eat apart from being eye-catching and delicious. Also at launching events, weddings, birthdays along with other types of celebrations. These colorful and flavorful concoctions are well liked by family and friends young and old alike.

Cupcake boxes wholesale are readily available presently because lots of people are selecting cupcakes for his or her parties and even to give away as gifts for the special occasions. These sweet delights are easy to bake, cool fast and are very saleable. This is a primary reason the tiny cakes are creating an amazing return presently and are getting highly trendy and extremely popular, also.

There are lots of kinds of cupcakes. They differ in flavors, sizes and colors and so do cupcake containers. Numerous shapes and sizes fit into large containers, currently one can find individually sized boxes that can come in handy since you can be sure that cupcakes can be placed safely and securely thus you can provide every cupcake in a fashionable style and design to individuals. Anyone can style and design cupcakes with techniques they want for a wedding, anniversary, birthday christening, etc. They can serve as great decorations or even a center point as you can position them in the center of the buffet table exactly like you do for cakes.

You can also order cupcakes and also have them created according to your party desires for instance make them colored and decorated based on your celebration theme. It will become much more interesting if you like to bake and would love to create cupcakes for your own party. You can have a customized cupcake containers to impress your invited friends and family or maybe your clients in case you are in the business of selling sweet treats. Surely, you will get more orders as well as word of mouth advertising if you can come up with innovative and tasty designs and recipes. You can also get professional cupcake designers who make sophisticated designs that can assist you and your business gain advertising and marketing and then make your business increase.

Design your cupcake party favors more pleasing to your invited friends by buying cupcake boxes wholesale. Definitely, cupcakes can make any occasion an enjoyable experience, particularly if making and baking elaborately designed cupcakes is your interest. You don?t just earn lots of money for a living but also you are performing what you appreciate doing.

If you like this article on cupcake liners wholesale you will find many more enticing ideas at http://www.cakeboxco.com

Source: http://articlechain.info/cupcake-boxes-wholesale-a-fresh-and-effective-craze-for-parties-and-businesses-alike.html

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Microsoft Makes Windows Phone More Social

NEW YORK ? Microsoft previewed new features in its upcoming software update for Windows Phone 7 here Tuesday. Codenamed “Mango,” the update focuses on streamlining different forms of wireless communication.
Microsoft highlighted the “People” hub in Mango, an all-in-one contacts list with tight Facebook integration that allows users to text, call, e-mail, IM or tweet at [...]

Source: http://feedproxy.google.com/~r/GearFactor/~3/G9tnttIefGo/

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Soluto Now Helps You Lighten Your Web Browser And Heal All Application Crashes

You may remember TechCrunch Disrupt winner Soluto, which helps bring an end to PC user frustration from printing problems, annoying add-ons, apps that crash, resource hogs, and those frustrating applications that randomly cause your mouse to become useless for a few seconds at a time. As we?ve written in the past, the advantage to using Soluto (which is focused purely for the PC) is that the SaaS records which applications were running at the time of the hiccup, and analyzes low-level events to track things users aren?t even aware of, like which applications are competing for memory. Today, the company is launching an iteration of its software, which includes a browser product and application crashing product, that makes its even more powerful.

Basically, once downloaded, Soluto analyzes your PC, suggests numerous fixes, including ?like omitting certain applications from your bootup. It can show you your computer?s speed over time, mapping out when you installed a certain application ? so you can see what led to the problem.

Soluto takes user-submitted data from its application and uses it to figure out which software works best on each computer. It can identify which hardware has had issues with which software. It can also help you pick out software that runs well on the specific model of PC you?re using, based on other users.

As we wrote above, Soluto allows you to discover which applications are slowing it down (and keep running later in the background, affecting your ongoing experience), and allows you to improve this experience by disabling these applications.

Today, the company is launching a tool for your browser that will show you which toolbars, add-ons and plug-ins are on your browser, what they do, and what they look like. With a single click you can remove unneeded ones. It also lets you revert back to your search provider of choice (Yahoo, Bing or Google) in case it was ?hijacked? by other software. The new tool will also show you what percentage of users removed each add-on or toolbars so users can determine if it makes sense to remove the plugun.

Another addition to the Soluto product changes the way you experience application crashes (that is, when applications unexpectedly ?die? and prompt Windows to send ?Crash Report? dialogs). Soluto analyzes application crashes against tens of millions of crashes already collected, and finds solutions to prevent them from recurring.

While some application crashes don?t have a solution, Soluto will show you what probably caused the crash and allows you to send in a form so that Soluto can possible crowdsource the answer to the problem. This anonymous technical data is gathered and sent to Soluto?s PC Genome, a knowledgebase containing statistical insights about PC software and hardware behavior, as well as remedies to alleviate PC usage frustrations.

Soluto, which is free, has had 2 million downloads since the company debuted its product to the public last year. And that?s without any real marketing or advertising for the software. What makes the application so successful is that it is incredibly easy to use, even for those with limited technical knowledge. Next up, the company says it will be tackling other platforms (Mac OS, please?), including mobile.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/NBA4bbTH_Qs/

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Facebook and Spotify Plan To Help Friends Listen Together: Report

Don?t get too excited. Spotify is not launching in the United States today, nor are Facebook and Spotify planning to launch a new music service together.

However,?according to Forbes, the two companies do plan to formalize their already-mutually-beneficial relationship with a neat group-listening feature for Facebook users in countries where Spotify is already available. Here?s what Forbes reports:

1. Facebook will install an icon for Spotify to the left of the news feed. We assume this would appear as a regular app would, because those also show up there, but it?s possible that, as Forbes? unnamed sources claim, this icon would appear as a default app to all Facebook users in qualifying territories. Apparently, clicking on this icon will install Spotify ? the same way?the Spotify link that?s been on Facebook since last April already does.

2. More interestingly, Spotify and Facebook will apparently make it possible for users to set up listening rooms?where Facebook users can listen to the same music together at the same time and chat about it ? much like the feature already offered by?Turntable.fm and?Listening Room, but with many billions of users and countless friend networks ready to take advantage of it.

Of course, Spotify already is ?Facebook Music? in the countries where the music service is available, as Facebook director of platform Ethan Beard?noted last December, and as?YouTube executives implied to Evolver.fm in February.

Spotify?s ability to allow?even non-paying users hear the songs their friends post in full and its ability to serve up direct links to songs, albums, and playlists makes it as natural a fit for Facebook in those countries as?YouTube is in the United States. In addition, Spotify already integrates tightly with Facebook (and Twitter and Windows Messenger) by allowing users to share tracks on those networks from within the desktop app, so that wouldn?t be anything new.

When reached by Forbes, a Spotify spokesman responded, ?We have a Facebook integration. We?re continuously working with them to make that as good as it can be. But that?s the extent of our relationship.?

The long of the short of it: Spotify apparently plans to extend its already-impressive Facebook integration with a new group listening feature similar to the one that?s?picking up steam in other quarters. That?s newsworthy to be sure, but some might question whether it warrants the gotta-read-it headline??Facebook To Launch Music Service With Spotify.?

Eliot Van Buskirk has covered digital music since 1998, after seeing the world's first MP3 player sitting on a colleague's desk. He plays the bass and rides a bicycle.
Follow @listeningpost on Twitter.

Source: http://www.wired.com/epicenter/2011/05/facebook-spotify-together/

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