Wednesday, October 16, 2013

Van Halen Sues Drummer's Ex-Wife For Using Famous Last Name (Exclusive)




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Van Halen (L to R): Alex Van Halen, David Lee Roth, Eddie Van Halen and Wolfgang Van Halen



When famous people marry, their spouses often take on a famous last name. That benefit can even survive divorce. But can it be used as a commercial asset?



Witness a new lawsuit by ELVH Inc., which is the intellectual property holding company of the world-famous rock band Van Halen. The group was eponymously named after its family members -- guitarist Eddie Van Halen and drummer Alex Van Halen (bassist Wolfgang Van Halen, Eddie's son, came into the fold in 2006, replacing Michael Anthony).


In 1984, Alex married Kelly Carter. Twelve years later, he divorced Kelly Van Halen. Now, nearly two decades after the divorce papers were finalized, ELVH is taking Kelly Van Halen to a California federal court over her use of her name in trade. Specifically, Alex Van Halen's ex-wife has named her construction and interior design company after herself, which the plaintiff asserts is a trademark infringement.


Read the Complaint Here.


Way back in 1891, the U.S. Supreme Court ruled, "A man's name is his own property, and he has the same right to its use and enjoyment as he has to that of any other species of property. If such use be a reasonable, honest, and fair exercise of such right, he is no more liable for the incidental damage he may do a rival in trade than he would be for injury to his neighbor's property by the smoke issuing from his chimney, or for the fall of his neighbor's house by reason of necessary excavations upon his own land."


The question here is whether senior family name users like Eddie and Alex can permanently enjoin junior family name users like Kelly from using "Van Halen" in a commercial enterprise. The outcome might depend on whether it can be shown that Kelly had intent to trade upon the goodwill or reputation of the famous band's moniker.


STORY: Van Halen's 'A Different Kind Of Truth': What the Critics are Saying


In the lawsuit, Kelly is said to have filed two trademark applications on "Kelly Van Halen" for products like chairs, children's blankets, bathing suits, building construction, interior design services and more.


The band is opposing the trademarks on the ground that the mark -- her real name -- is "confusingly similar to Plaintiff's VAN HALEN Marks in sound, appearance and commercial impression."


It's also asserted that goods in the apparel and fashion space "are either identical or closely related to the goods sold by Plaintiff," and that Kelly Van Halen is diluting Van Halen, passing off Van Halen and committing unfair competition for Van Halen. 


ELVH is represented by the law firm of Kinsella Weitzman.


E-mail: Eriq.Gardner@THR.com
Twitter: @eriqgardner



Source: http://feedproxy.google.com/~r/THREsquire/~3/2H3ayognwhw/story01.htm
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More Angst For College Applicants: A Glitchy Common App





Thousands of students apply to college each year using the online Common Application. But a flawed overhaul of the system has left many students and parents frustrated.



iStockphoto.com


Thousands of students apply to college each year using the online Common Application. But a flawed overhaul of the system has left many students and parents frustrated.


iStockphoto.com


For many high school students this year, the already stressful process of applying to college has been made far worse by major technical malfunctions with the Common Application, an online application portal used by hundreds of colleges and universities.


"It's been stressful, to be honest," says Freya James, a senior in Atlanta applying to five schools — all early admissions. The Common App has been a nightmare, the 17-year-old says.


"No one likes applying to college anyway, and this is supposed to help and it's made it worse," she says. "I have spent a good number of hours just sitting there refreshing the page, doing nothing terribly productive except for trying to get this thing to work. ... It's not useful; it's not doing what it's meant to do."


The Common Application has been around for more than 30 years and has long made the application process easier for students and schools. With one common form, students are able to apply to dozens of schools at once.


But the number of schools using the form has more than doubled over the past decade. What was once used mainly by small liberal arts schools is now accepted by more than 500 institutions.


The nonprofit that runs the form, also called Common Application, had touted a major upgrade of software and applications as a way to streamline the process even more. Instead, the digital makeover has been a bust and a big mess for many students and higher education officials.


"Application Armageddon"


"There have been issues with being able to import the application itself, with receiving the supplemental materials like the transcripts or letters of recommendations, those kinds of things," says Lisa Meyer, dean for enrollment at Lewis and Clark College in Portland, Ore.




We did test the system. But what we couldn't test was tens of thousands of people hitting the system at the same time using multiple kinds of browsers.





"Those are very big things. It's very hard to read an application when you don't have a transcript to look at. ... So I think the colleges have been scrambling a bit," she says.


Other serious technical problems include payments that take days to register or registering duplicate payments. Other students complain they simply couldn't log in, while others were repeatedly logged off for inactivity after waiting hours to submit their applications.


Then there's the personal essay, a key part of the admissions process. A formatting glitch left many students' essays looking like a giant stream-of-consciousness blur with no spaces, paragraphs or indentations.


Many high-schoolers are ranting against the Common App on Twitter. Some of the kinder comments: "I'm freaking out, the common app isn't working"; "The common app is kind of the worst thing ever"; "The common app is broken ... so we're all just not gonna go to college, ok."


Irena Smith, a college admissions consultant based in the San Francisco area, says the problems are adding more stress for her student clients. "It's starting to look like application Armageddon," she says. And an official with the National Association for College Admission Counseling says, "There is a bit of panic in the community."



Schools Look For Backup Plans


A growing number of colleges and universities are now rolling back early admissions deadlines or trying to reassure students that they won't be penalized for technical failures of the Common App. As Columbia University, which has extended its early admission deadline, put it on its website, "We hope this announcement helps to relieve some of the stress and anxiety you might be feeling as the application deadline approaches."


In a statement, Common Application says it's "committed to resolving these issues promptly." Scott Anderson, the company's senior director for policy, says some of the problems have been resolved, but he concedes that others persist.


"We did test the system. But what we couldn't test was tens of thousands of people hitting the system at the same time using multiple kinds of browsers," Anderson says.


Many parents and school administrators, however, are frustrated and angry. "I think this has been a debacle, and the Common App board and leadership should be ashamed," says Valerie Weber, chairwoman of the Department of Clinical Sciences at the Commonwealth Medical College in Pennsylvania — and mother of a high school senior currently applying to college.


"How they have handled the mess will be a case study in business schools for years to come about how not to handle a PR catastrophe — hunker down, ignore and refuse to answer questions," Weber says.


A Lesson For Procrastinators?


Some in higher education are cautiously hopeful that the technical problems will be resolved by Nov. 1, the early admissions deadline for many schools, but others are getting nervous. Some schools are starting to make backup plans that include email, snail mail — even dusting off the fax machine. "That is certainly one of the things we are considering doing," says Meyer of Lewis and Clark College.


Mary Beth Fry, director of college counseling at Savannah Country Day School in Georgia, cautions students and parents to take a deep breath. "Everyone at the Common App and the colleges is doing his best, and — as some colleges' extensions of early action or early decision deadlines will attest — colleges are going to do what's best for everyone."


Admissions consultant Smith sees a "teaching moment" in all this: Some teenagers prone to procrastination may now be prodded into getting their applications done — early.


"In some ways it's nice to learn, as we do as adults, that you can't always anticipate that everything will go smoothly," she says. "It's nice to plan for contingencies and to get things done a little bit ahead of time."


But when that lesson comes with potentially crippling anxiety, she adds, maybe it's not such a great way to teach it.


Source: http://www.npr.org/2013/10/16/235421758/more-angst-for-college-applicants-a-glitchy-common-app?ft=1&f=1013
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Suicide bomber kills Pakistani provincial law minister, seven others


By Saud Mehsud


DERA ISMAIL KHAN, Pakistan (Reuters) - A suicide bomber killed the law minister of a Pakistani province and seven others on Wednesday as the country marked the Muslim festival of Eid al-Adha.


Israr Gandapur was killed in his home as he greeted residents of his village who had come to celebrate the holiday.


More than 30 people were wounded in the attack including Gandapur's elder brother, said Irfan Mahsud, the assistant commissioner in the city of Dera Ismail Khan, located nearly 300 km (190 miles) southwest of Islamabad.


"I saw so many dead people and injured people crying for help," said eyewitness Haseeb Khan, whose new white holiday clothes were drenched in blood.


"There were arms, legs and heads everywhere."


Ansar al Mujahideen, a group allied to but not part of the Pakistani Taliban, claimed responsibility for the attack.


The group's spokesman, Abu Baseer, said it was in retaliation for the deaths of men killed during a July jailbreak in the same city.


He was referring to a major operation by fighters from the al Qaeda-linked Pakistani Taliban who disguised themselves as police and broke 250 prisoners out of a jail.


Gandapur was killed in his home village of Kulachi, about 50 km west of Dera Ismail Khan. He was local chief and the law minister for the northern Khyber Pakutunkhwa province, the heartland of the Taliban.


The province is ruled by Pakistan Tehreek-e-Insaf, a party led by former cricketer Imran Khan, which favors peace talks with the Taliban. Gandapur is the most senior member of the party to have been killed so far.


The Taliban have said they are open to talks.


But they also say they will not disarm, do not recognize the Pakistani constitution, and will not talk to the government until the army pulls back from their strongholds and all their prisoners are released.


(Additional reporting by Jibran Ahmad in Peshawar; Writing by Katharine Houreld; Editing by Mike Collett-White)



Source: http://news.yahoo.com/suicide-bomber-kills-pakistani-provincial-law-minister-seven-140233668.html
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This Insane Six-Axis 3D Printer Even Works On Curved Surfaces

Still upset about breaking the handle on your favorite mug? A 3D printer can make it as good as new, and thanks to researchers at the University of Southern California, the process is even easier now since they've developed a printer that can build directly on curved surfaces.

Read more...


    






Source: http://feeds.gawker.com/~r/gizmodo/full/~3/Y1ki4K-Wh7Q/this-insane-six-axis-3d-printer-even-works-on-curved-su-1445522451
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American Girl gives boost to Mattel's 3Q results

EL SEGUNDO, Calif. (AP) -- Mattel's third-quarter net income rose 16 percent, buoyed by higher sales of American Girl and Monster High products and strength in all regions.


Its performance beat Wall Street expectations. The stock rose more than 1 percent in premarket trading.


The quarterly results come as toy makers gear up for the holiday season, which can account for up to half of their annual revenue.


American Girl sales increased 20 percent thanks to My American Girl, Bitty Baby, Historical dolls and Saige — the 2013 Girl of the Year. Sales of other girls' brands, which includes Monster High products, climbed 28 percent. Barbie sales rose 3 percent, while sales of Fisher-Price brands were flat.


For the three months ended Sept. 30, the largest U.S. toy company earned $422.8 million, or $1.21 per share. That's up from $365.9 million, or $1.04 per share, in the prior-year period.


Removing a tax benefit of 5 cents per share, earnings were $1.16 per share. Analysts predicted earnings of $1.11 per share.


Revenue for the El Segundo, Calif., company rose 6 percent to $2.21 billion from $2.08 billion. Wall Street expected $2.175 billion in revenue.


Entertainment business sales, which includes games and Radica, climbed 7 percent primarily because of the Disney Planes movie property.


Hot Wheels sales fell 2 percent. The wheels category, which includes the Hot Wheels, Matchbox and Tyco R/C brands, reported a 9 percent sales decline mostly due to weak sales of Tyco R/C and Matchbox products.


In North America, gross sales climbed 3 percent. International gross sales increased 9 percent.


Mattel Inc. also declared a fourth-quarter dividend of 36 cents per share. The dividend will be paid on Dec. 13 to shareholders of record on Nov. 27.


Mattel shares rose 57 cents, or 1.4 percent, to $42.12 in premarket trading more than 3½ hours before the market opening.


Mattel's smaller rival Hasbro reports its quarterly financial results on Monday.


Source: http://news.yahoo.com/american-girl-gives-boost-mattels-102230173.html
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10 Things to Know for Wednesday

Your daily look at late-breaking news, upcoming events and the stories that will be talked about Wednesday:


1. HOW LAWMAKERS SPENT THE DAY BEFORE THREATENED TREASURY DEFAULT


Hour after hour in Congress is taken up by secret meetings and frenzied maneuvering.


2. FITCH PLACES US CREDIT RATING ON NEGATIVE WATCH


Even with a higher debt limit, the agency says "reduced financing flexibility" could lead to a default.


3. IRAN PRESENTS NEW NUCLEAR PROPOSAL


The plan offers reductions in the number of centrifuges and the amount of uranium that is being enriched, a source tells the AP.


4. OBAMA BESTOWS MEDAL OF HONOR ON AFGHAN VET


William D. Swenson, recognized for bravery in a battle against Taliban insurgents in 2009, now wants to return to active duty.


5. ALLEGED TERRORIST CAPTURED IN LIBYA PLEADS NOT GUILTY IN NYC


The case renews debate about whether it's best to try terror suspects in military or civilian courts.


6. SHERIFF: GIRL'S TORMENTOR ARRESTED AFTER FACEBOOK BOAST


A teen said to be primarily responsible for bullying a classmate who then committed suicide brags about it online. She and a 12-year-old now face charges of stalking.


7. BOOKER'S NJ SENATE CAMPAIGN BUMPY


While still safely ahead in most polls, the Newark mayor has faced sustained criticism ahead of Wednesday's special election.


8. WHY ALL TRACES OF CONN. SCHOOL ARE BEING ERADICATED


The goal during demolition of the site of the Sandy Hook shootings will be to prevent exploitation of any remnants of the building, an official says.


9. TIP SENDS ATF TO WEAPONS AT ARIZONA RANCH


A raid nets dozens of weapons, ammunition and two convicted felons from a notorious family that once aimed to set up a whites-only nation.


10. WHERE A RARE SEA CREATURE WAS DISCOVERED


A woman snorkeling off the Southern California coast finds the carcass of an 18-foot oarfish — a deep-water species that can grow up to 50-feet long.


Source: http://news.yahoo.com/10-things-know-wednesday-103500895.html
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Tuesday, October 15, 2013

Leaders Express 'Cautious Optimism' Over Iran Nuclear Plan





EU High Representative for Foreign Affairs Catherine Ashton, left, and Iranian Foreign Minister Mohammad Javad Zarif share a light moment at the start of the two days of closed-door nuclear talks on Tuesday.



Fabrice Coffrini/AP


EU High Representative for Foreign Affairs Catherine Ashton, left, and Iranian Foreign Minister Mohammad Javad Zarif share a light moment at the start of the two days of closed-door nuclear talks on Tuesday.


Fabrice Coffrini/AP


Iran's proposal for easing the standoff over its nuclear program seems to be getting initial positive reviews at Tuesday's start of multiparty talks in Geneva.


A spokesman for EU foreign policy chief Catherine Ashton said the Iranian delegation had made a PowerPoint presentation outlining their plan at the beginning of the two-day session. The spokesman said the plan had been received with "cautious optimism," but gave no further details of the close-door meeting, describing the proceedings as "confidential."


Deputy Foreign Minister Abbas Araqchi said there'd been a "good" first reaction to Tehran's proposals, according to Reuters.


As the BBC reports:




"The discussions bring together Iran officials and representatives of the "P5+1 group", made up of Britain, China, France, Russia and the US plus Germany.


In a Facebook entry posted at the weekend, [Foreign Minister Mohammed Javad] Zarif said the talks were the 'start of a difficult and relatively time-consuming way forward.'"




The talks are the first since moderate President Hassan Rouhani was elected four months ago. Since then, Rouhani has ratcheted down the bombastic rhetoric of his predecessor, Mahmoud Ahmadinejad. As The Associated Press writes, the talks are seen as "a key test of Iran's overtures to the West."


Foreign Policy says: "While there is little optimism that this week's talks will resolve the matter of Iranian nuclear weapons development entirely, U.S. officials have hinted that progress made could result in immediate relief from U.S. imposed sanctions."


Source: http://www.npr.org/blogs/thetwo-way/2013/10/15/234638759/leader-express-cautious-optimism-over-iran-nuclear-plan?ft=1&f=1004
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