(United States Federal Circuit) - In a vineyard-plaintiff's appeal of a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board dismissing its opposition to an application filed by defendant to register a MAYARI mark for use on wine, the Board's decision is affirmed where substantial evidence supports the Board's finding that plaintiff's registered mark MAYA and defendant's applied-for mark MAYARI are sufficiently dissimilar.

(United States Federal Circuit) - In a petition for cancellation of a trademark, brought by the owner of the INSIGNIA mark used to sell wines since 1978 against the registrant of the ALEC BRADLEY STAR INSIGNIA mark used for cigars and cigar products, the Trademark Trial and Appeal Board's denial of the petition is vacated and remanded for reconsideration where: 1) the Board erred in its legal analysis, in analyzing the 'fame' of INSIGNIA wine as an all-or-nothing factor, and discounting it entirely in reaching the conclusion of no likelihood of confusion as to source, contrary to law and precedent; and 2) as a result of this error, the Board did not properly apply the totality of the circumstances standard, which requires considering all the relevant factors on a scale appropriate to their merits.

(United States Ninth Circuit) - Affirming the district court's summary judgment in favor of Fox, holding that their use of the name 'Empire' was protected by the First Amendment and therefore was outside of the reach of the Lanham Act and their use of the word as a show title did not infringe on a record label's trademark rights.

(United States Supreme Court) - Held that Title VII's charge-filing requirement is not jurisdictional and thus is subject to forfeiture if tardily asserted. The issue involved whether an employer waited too long to dispute that a discrimination plaintiff filed a proper complaint with the Equal Employment Opportunity Commission before initiating suit. Justice Ginsburg delivered the opinion for a unanimous Court.

(United States Supreme Court) - Held that the U.S. Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically -- and retroactively -- reduced Medicare payments to hospitals serving low-income patients. Concluded that the new policy must be vacated. Justice Gorsuch delivered the opinion of the 7-1 Court (Justice Kavanaugh did not participate).

(United States Supreme Court) - Held that the U.S. Postal Service was barred here from challenging a private company's patent for a method for processing mail. Because federal agencies do not fall within the statutory definition of a person, they are ineligible to petition the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act of 2011. Justice Sotomayor delivered the opinion of the 6-3 Court.

(United States Supreme Court) - Addressed what law applies on the Outer Continental Shelf, holding that California wage-and-hour law was inapplicable to a worker on an offshore drilling platform. Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law. Justice Thomas delivered the opinion for a unanimous Court.

(United States Supreme Court) - In a case alleging racial gerrymandering, held that the Virginia House of Delegates lacked standing to appeal the invalidation of Virginia's 2010 redistricting plan. As a single chamber of a bicameral legislature, the House had no standing to appeal a three-judge federal district court's redistricting ruling separately from the State of which it is a part. Justice Ginsburg delivered the opinion of the 5-4 Court, joined by Justices Thomas, Sotomayor, Kagan and Gorsuch.

(United States Supreme Court) - Held that the federal Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining. While six justices agreed that the state ban on uranium mining was not preempted, they divided on broader questions concerning statutory interpretation and preemption doctrine, and thus were unable to agree on the rationale for the decision. Justice Gorsuch delivered a plurality opinion, and several justices concurred in the judgment only.

(United States Supreme Court) - Affirmed in part. Defendants were charged with Hobbs Act robbery and also charged under 18 U.S.C. Sec. 924c which authorizes heightened penalties for using a weapon. The Fifth Circuit held that Sec. 924 c 3 B is unconstitutionally vague because it did not provide a reliable way to determine which crimes would qualify for heightened penalties. The US Supreme Court agreed holding that 18 U.S.C. Sec. 924 c 3 B is unconstitutional for vagueness and remanded the case.

(United States Fifth Circuit) - Vacated and complaint dismissed. Plaintiff sought declaratory judgment against Defendant, Homeland Security, claiming that DHS improperly denied application for legal permanent resident. Appellate court held that Plaintiff failed to state a legally cognizable claim.

(United States Fifth Circuit) - Affirmed. Even if an attorney's failure to object to a question about his immigration status during a murder trial had been ineffectual assistance it was not prejudicial.

#architektura #architekt #dom #design

RT @VanityFair: Trumpworld's campaign to blame China for creating the coronavirus is ramping up—even as the U.S. intelligence community and WHO insist otherwise

r/Coronavirus: In December 2019, a novel coronavirus strain (SARS-CoV-2) emerged in the city of Wuhan, China. This subreddit seeks to monitor the …

RT @antimega: At @GDSTeam we’re running a number of online events for Global Accessibility Awareness Day on 21 May - please join us! #accessibility #AccessibilityRegulations

In an age of trolls, economic insecurity and social isolation, mixed martial arts gives fans a rush of harsh reality.

More importantly right now, does a higher level of vitamin D enable you to fight off infections such as influenza and COVID? Of course, as I stated at the beginning, in the middle of the COVID maelstrom, people are claiming everything about everything.

Feb 2020 article "...Wright, Bradfield, & Cairns (2013) noted a methodological separation of the intuitive logics approach popularized by Royal Dutch Shell (Wack, 1985a, 1985b) from firm‐level strategy concepts like business models (Zott, Amit, & Massa, 2011), competitive positioning (Porter, 1985), and resource capabilities (Barney, 1991)... The weakening of the connection, related to both the use of scenario planning and the research into it, is the historical connection to strategy process research."

The goal: Let everyone play with many different TypeScript features and get an overview of TypeScript capabilities and principles.

Joan Wong On March 27, as the U.S. topped 100,000 confirmed cases of COVID-19, Donald Trump stood at the lectern of the White House press-briefing room and was asked what he’d say about the pandemic to a child.

RT @mrbromwich: I have been in and around DOJ since 1983. I have never seen a case dropped after someone has pled guilty and the underlying facts demonstrate beyond any shadow of a doubt he is guilty. This is simply a pardon by another name. A black day in DOJ history.

It's here! The source code for the COVID-19 BETA Apps. ✅Android: ✅iOS: ✅Documentation:

The critic Raymond Williams once wrote that every historical period has its own “structure of feeling.” How everything seemed in the nineteen-sixties, the way…

via Health News - The New York Times https://nyti.ms/2WLL65m

Wow! Noise is a secret killer of performance. A 10db noise increase (from a dishwasher to a vacuum) drops productivity by 5% - but most people don't notice since it impacts cognition, not effort. Also, note that noise is greater in poorer neighborhoods...

Blimey. They didn’t hold back on this. —Read, if for no other reason than the incredibly detailed timeline of #coronavirus.

Democrat and former presidential candidate Mayor Bill de Blasio "said the police had used enforcement authority properly," @nytimes reports:

NYC subway conductor returning to work after recovering from COVID: “The conditions created by the pandemic drive home that essential workers keep social order from sinking into chaos. Yet we‘re treated with the utmost disrespect, like we’re expendable.”

So @jimtankersley talked to Kevin Hassett about the whole "cubic model" mess, and long story short, I'm pretty sure Hassett owes @NateSilver538 $538.

All your questions about the pandemic, answered. Sort of. Mr. Eggers is a novelist and journalist. via Pocket

Clear, calming writing about how to interpret recent reports

Nail biting action comes to All Phones Arena on Friday May 20 and Saturday May 21 with US stuntman and action sports champion Travis Pastrana leading a star-studded team for the 10th anniversary Nitro Circus Tour.

Conscription, combat, protest and homecoming are themes that come to life in the musical Rolling Thunder Vietnam – Songs that Defined a Generation.