Friday, December 7, 2012

Battle Red Bag Vol. 22: The Writing Of Things - Battle Red Blog

The answers to all sorts of irrelevant reader questions, headlined by something that makes me feel like Bob Costas. It's the return of the Battle Red Bag!

(Author note: I never intended for there to be a gigantic break in the bag schedule. In fact, I intended to write the thing the Friday after Thanksgiving. Unfortunately, the real world intervened. I was pretty sure my computer was going to have to be entirely wiped until last Monday, and playing catch-up from there on my Real Job Duties (TM) left me unable to put in a couple of hours on the bag. Here it is, it still exists.)

I'm going to spend the holiday season writing a lot of letters.

The idea started when I was having a hard time communicating with my ex-girlfriend. I don't think I need to spill any more words on that situation, so I won't. All I'll say is that if you presented me with the option of giving someone a speech or writing them something, I am better off writing 99 percent of the time. (Which isn't to say public speaking isn't fun, it's just hard for me to be quite as nuanced off the top of my head.)

So one of my Christmas projects is to write a letter to someone every day - it's like a Christmas card, but with a more personal touch. I haven't exactly figured out everyone who deserves one yet, but I'm anticipating writing about 20 or so. Some of them will be to friends who helped me out over the past two years, some of them will be to people I wish I was closer to, and some of them will be to the deceased. The idea is not so much to change as it is to explain. In some ways, it's kind of an exercise in humility. An exercise in being grateful for what you do have.

I'm not too stingy with money, nor am I going to turn this into an anti-capitalist rant, but I always felt like Christmas presents were only meaningful up to a certain age. Eventually, stuff all fades into the background, and you're left with only the memories you had shortly after opening it or the ideas it gave you at the time. For example, the present I will always remember getting was the Game Gear my dad bought me in 1995 or so. I don't remember this specifically because it was a good present - in fact, the opposite. I played it for a good two hours and thought it was horrendous. I remember it because my dad asked me if I liked it, and I lied about it because I didn't want him to feel bad. "Oh yeah, it's great."

My mom has bought me a multitude of gifts. The only one I specifically remember is the Megazord toy from Mighty Morphin Power Rangers. And I remember it because I remember going with her to every store in town trying to find the damn thing, back in the days before we could just plug something into the internet and order it. I remember this hailstorm of effort that she put in, and I remember feeling really validated and appreciated as a person. It didn't have a damn thing to do with the toy (though it was fun!) - it was all about the experience.

And that is the thing I've remembered looking back on so much of these old memories that I had to sort through while moving. I can't tell you even 80 percent of the things people have bought for me at this point. I remember a scant few, and it's all because of the story around them. I remember Street Fighter II because I remember trying to teach my grandfather why it was such a cool game and him being utterly confused. I remember getting Final Fantasy Tactics because it took place on the day of the Grand Slam Single game, and I left during the middle of the game to get it and was stunned when it was still on by the time I got back about two hours later. I remember getting a whole box of nice basketball cards because I'd accused one of the teachers at my old school of hitting people, then returning it because I'd lied, and I figured I didn't really deserve it.

Presents are as much about the circumstances behind them as they are the objects themselves. I've got a swarm of cards from people that mean way more to me than the presents that went with them. Someone I had only met three or four times gave me $50 at a Christmas party the year after my mom died - but I don't remember that. I remember the hand-written card that I kept, that said energy can be whatever we use it for, and to not let this turn into an entirely negative experience.

So, that's my aim with this. To create words that are more cherished by the people in my life than any stupid piddling thing I could ever buy them. No pressure!

(Shit, it's already the 5th? Where do I buy gift cards?)

falling4popcorns writes:

Say the Texans make it to the Super Bowl. Which team from the NFC, that you believe has a chance to be in the Super Bowl, would you like to play? Why?

If you had the money to live anywhere you wanted in the world, what would you do?

I think the easy answer for me is Atlanta. Not only do I think they've built their record on a fairly soft schedule, but I am also not a believer in their defense: they have (currently) the 24th-ranked run defense in DVOA, which plays right into the hands of Houston's offense. They have a completely one-dimensional offense, with no run game whatsoever. And, of course, there's always the opportunity for some great "Pay Me Rick!" signage.

As for the second question, I'm going to have to assume you mean that finances are never an object. I would probably live in Victoria, Canada. Close enough to Seattle or Vancouver to drive in for the odd sporting event, gorgeous island scenery, and still enough of a city for me to not feel like I'm in the middle of nowhere. Plus, free healthcare! Though I assume if finances were no object, that wouldn't be a big deal. Still, every bit helps.

(If I ever leave Texas, I am almost positive it will be for the Pacific Northwest. Assuming I stay on this part of the globe.)

Alex writes:

J.J. Watt has been slightly less his "grizzly bear vs. river of salmon" self the last 2 games, but the rest of the D has stepped up huge. Is this an opposing O-line overreaction to his previous dominance and the gameplan becomes "stop Watt"? As the remainder of the D core has ensured that the league knows there are more weapons to stop than Watt can we expect a more balanced focus in future or will this Watt-centric approach persist?

J.J. Watt will always be the focal point for opposing offenses. Outside of the Tennessee game, the rest of the pass rush has not stepped up in a meaningful way. Until it does, even more obstacles will be put in front of Watt.

And you've seen how little that has stopped him so far.

Taco Joe writes:

1) If you were offered a job at both ESPN and NFLN to become a regular on one of their programs, which Network and program would you choose? And would you tout the Texans even if they had another 2-14 year?
2) If you then became famous from said appearances, and got a call from both Kat Dennings and Jennifer Lawrence, which woman would you chose to have a relationship with?
3) If the actress you chose demanded a Menage Trois with another BRB writer with no consequences that could harm relationships, who would you chose and why?
4) I owe you a drink for putting up with my ridiculous questions and personality. What would be your poison?

1) Yes; if I had to pick a specific show, I'd take Merill Hoge's place on NFL Matchup. But I am all for any opportunity in the football television field and the money that it would provide. I would tout the Texans proportionally to their success, as I have always done. I know that we're in a world that carves out little sections and generate the "with us or against us" feeling, but admitting that something about your favorite team sucks or is shitty does not make you any less of a fan.

2) Uh, well, I'd probably choose someone who actually had traits I was interested in having in my partner. But, for the sake of the question, I'll assume that both women have demonstrated that up to a point for me. I'd probably pick Kat Dennings because a) she's shorter than me and b) she never appeared on the Bill Engvall Show, which is probably something I'd try to have erased from my Wikipedia page if it happened.

3) I would end the relationship at this point. Oh gosh, so many people on staff to possibly offend. I'm picking DreKeem because, with any luck, he'd flake out and I wouldn't have to go through with it. I'm not really big on threesomes, even when they actually have two women. I'm not saying it's not fun to think about, but ultimately it's not worth the shattered intimacy to me.

4) Can't go wrong with bourbon. Especially Texas bourbon.

Swikky writes:

Hey Rivers,

First off, let me say I love reading your posts. You're such a genuine and heartfelt writer. Your writing never feels contrived, and you have a way of taking an ordinary mundane story and turning it into something dynamic and poignant. Alrighty I guess I'll get to my questions.

Where were you when you ate the best taco of your life, and what was in said taco?

Who do you see as being more valuable to the team, Foster or Watt?

If you could make any one person to tell you THE TRUTH for day, whom would that person be and why?

Thank you, kindly. I always save comments like these on a notepad. Then, when someone (inevitably) trashes me, I compare and contrast. It makes me feel better, especially when I find out through Falcons fans on the internet that I am gay.

1) I was in Chicago, with my pal Juan, and he ordered us these crazy tacos that were about the size of three fists. Steak, cheese, beans, rice, guac, tomatoes, and onions, if I recall correctly. But, like I said earlier about presents, it was more about eating big-ass tacos with a good friend than it was the taste itself.

2) Watt, and it's not even close. Arian Foster is awesome but even star running backs can only be so valuable in a league where the pass has become more important than the run. And, as we saw multiple times over the past few years (and just last week), the Texans can still win pretty handily when Foster has an off-game, needs a break, or is injured.

3) My first instinct was to take that as a really personal question. I guess I'd say that the people around my life who won't tell me the truth tend to get weeded out really quickly. I don't really get on well with people who aren't authentic about themselves or put on a lot of facades. But, since you've given me the access to anyone, probably the president. I want to know how deep the rabbit hole goes and what the best course of action would be from there.

Benjamin writes

It seems like everyone has been absolutely smitten with the Broncos' rise this season but i'm just not sure. I am generally in awe of Peyton Manning's comeback and obviously as a Texans fan we all understand and respect what he's capable of but looking at their schedule I'm not sure what everyone is so impressed with. They're three best wins were against the Steelers, Saints, and Bucs but all of them were at home and in the three games they've played against division leaders they've lost 3 times plus they're schedule is undoubtedly bolstered by getting to play the chiefs, chargers, and raiders twice. Do the Texans have something to be worried about if we run into the Broncos in the playoffs or are they overrated?

Oh, I think the Broncos are very much a legitimate threat. Manning has seemed to work a lot of the early kinks out of his system -- I think the Texans caught him at the right time. Also, if Wade Phillips changes to a prevent against Manning in the middle of the game again, I will find some way to smack him.

Anyway, the Broncos have a strong offense, they have a strong defense, and Trindon Holliday has added some explosiveness to the special teams. It's almost like (as stupid as he was in a few games here) the Texans can't block on special teams to save their life. The Broncos haven't played many strong teams since the beginning of the season, but they've consistently demolished the bad teams they've played.

Off the cuff, I would like the Texans' chances against the Broncos, both because I think safety play (probably the biggest weakness on Denver) is more important than traditional underneath coverage against the Texans and because I don't think they can bottle up Arian Foster. But they are legitimately worth worrying about, yes.

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Source: http://www.battleredblog.com/2012/12/6/3730952/battle-red-bag-vol-22-the-writing-of-things

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Rlg Communications' $100 million centre investment in Ghana

In a move aimed at developing the communications sector?s infrastructure in Ghana, Rlg Communications has announced its intention to begin with the construction of?a new manufacturing centre in the West African country next month.

rlg Communications has announced plans to establish a new $100 million PC and mobile phone manufacturing centre in Ghana. (Image: Google/allartghana.com)

The mobile phone and assembly company said in a statement that the $100 million centre is to be completed by 2014, and they hope it will help boost the overall ability of the country?s IT sector.

According to Rlg, ?this will be the first of its kind in Africa, modeled on other tech centres in the world.?

The company?s CEO Roland Agambire told local media that ?the move was influenced by the growing demand for its products and its expansion drive to other countries.?

The centre will also develop software for mobile phones and computers, and also take on orders from other technology firms.

RLG said it also ?plans to expand into?six other West Africa countries and three Southern African countries by the first half of 2013?, including?Nigeria.?

David Eto?

Source: http://www.itnewsafrica.com/2012/12/rlg-communications-100-million-centre-investment-in-ghana/

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After months of delay, Pentagon told to plan for "fiscal cliff" (reuters)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Politics - Top Stories News, RSS Feeds and Widgets via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/268639095?client_source=feed&format=rss

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Tanks outside Egypt presidential palace, streets calmer

CAIRO (Reuters) - Egyptian army tanks deployed outside the presidential palace on Thursday in streets where supporters and opponents of President Mohamed Mursi had clashed into the early hours of the morning in violence that killed five people.

Armored troop carriers also moved into the roads around the palace, in what Egypt's state news agency said was a measure to secure the palace. The area had become a chaotic battleground between Mursi's Islamist backers and their opponents.

The soldiers' badges identified them as members of the Presidential Guard and Republican Guard, whose duties include guarding the presidency. At least five tanks and nine armored personnel carriers were seen near or around the palace.

The health ministry said five people had been killed and 350 wounded in bloodshed that has exacerbated the worst crisis since Mursi took office as Egypt's first president since a popular uprising overthrew Hosni Mubarak in February, 2011.

The military played a crucial role in ending Mubarak's 30-year rule by taking over from him to manage a transitional period, but it has stayed out of the latest crisis.

Mursi's opponents accuse him of seeking to create a new autocracy by awarding himself extraordinary powers in a decree on November 22 and were further angered when an Islamist-dominated assembly pushed through a draft constitution that opponents said did not properly represent the aspirations of the whole nation.

The president has defended his decree as necessary to prevent courts still full of judges appointed by Mubarak from derailing a constitution vital for Egypt's political transition.

Around the palace, traffic was moving through streets strewn with rocks thrown during violence in which petrol bombs and guns were also used. Hundreds of Mursi supporters were still in the area, many wrapped in blankets and some reading the Koran.

"We came here to support President Mursi and his decisions. He is the elected president of Egypt," said demonstrator Emad Abou Salem, 40. "He has legitimacy and nobody else does."

MUTUAL ACCUSATIONS

An opposition group called for more protests at the palace later on Thursday, setting the stage for further confrontation.

Mursi's opponents say the Muslim Brotherhood, the group that propelled the president to power in a June election, is behind the violence. The Brotherhood says the opposition is to blame and that the five dead were all Mursi supporters. The United States, worried about the stability of an Arab state which has a peace deal with Israel and which receives $1.3 billion in U.S. military aid, urged dialogue. Britain also called for restraint and an "inclusive" political process.

A presidential source said Mursi, silent in the last few days, was expected to make a statement later on Thursday.

Vice President Mahmoud Mekky proposed "personal ideas" for a negotiated way out on Wednesday, saying amendments to disputed articles in the constitution could be agreed with the opposition. A written agreement could then go to parliament, to be elected after a referendum on the constitution on December 15.

"There must be consensus," he told a news conference in the presidential palace as fighting raged outside on Wednesday. But the opposition stuck by its demand for Mursi to cancel the November 22 decree and postpone the referendum before any dialogue.

Protests spread to other cities, and offices of the Muslim Brotherhood's political party in Ismailia and Suez were torched.

But Mursi has shown no sign of buckling under pressure from protesters, confident that the Islamists, who have dominated both elections since Mubarak was overthrown, can win the referendum and parliamentary election to follow.

As well as relying on his Brotherhood power base, Mursi may also draw on a popular yearning for stability and economic revival after almost two years of political turmoil.

Opposition coordinator Mohamed ElBaradei said on Wednesday the street action and the polarization of society were pushing Egypt into violence and "could draw us to something worse".

The Egyptian pound plunged 4 percent on Thursday to its lowest level in eight years, after previously firming on hopes that a $4.8 billion IMF loan would stabilize the economy. The Egyptian stock market fell 4.4 percent after it opened.

(Additional reporting by Reuters TV; Tamim Elyan, Yasmine Saleh and Tom Perry, Writing by Edmund Blair and Tom Perry; Editing by Alistair Lyon and Giles Elgood)

Source: http://news.yahoo.com/rivals-clash-mursi-deputy-seeks-end-egypt-crisis-002711834.html

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Thursday, December 6, 2012

Citigroup to axe 11,000 jobs, close some branches

8 hrs.

Banking giant Citigroup announced Wednesday that it would cut?about 11,000 jobs, or about 4 percent of its global work force, and shutter some branches?in an attempt to save as much as $1.1 billion a year in costs.

The move will initially result in pre-tax charges of $1 billion to fourth quarter earnings, the company said in a statement.

It is the first major action to restructure the company since directors named Michael Corbat chief executive officer in October after becoming impatient with former CEO Vikram Pandit.?

"We have identified areas and products where our scale does not provide for meaningful returns," Corbat said in a statement from the company. "We will further increase our operating efficiency by reducing excess capacity and expenses," he added.

Besides the job cuts, the reorganization will reduce annual revenues by "less than $300 million," the statement said.

Analysts have expected an action of this sort since Corbat was introduced as CEO by Chairman Michael O'Neill. O'Neill is known in the banking industry for shrinking companies to eliminate businesses that are not earning satisfactory returns.?

Reuters contributed to this report.

Source: http://www.nbcnews.com/business/citigroup-plans-axe-11-000-jobs-close-some-branches-1C7430275

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Wednesday, December 5, 2012

China ? Is There An Unregistered Trademark That ... - Conventus Law

China ? Is There An Unregistered Trademark That Enjoys The Exclusive Right Of A Trademark Under PRC Trademark Law?

2 December, 2012

?

Legal News & Analysis???Asia Pacific?-?China???Intellectual Property

?

Article 34 of PRC Trademark Law provides that ???If the registration is granted because it is ruled that the opposition can?t stand, the time that the trademark registration applicant obtains the right to exclusive use of the trademark shall be counted from the day on which the three-month period of preliminary examination and approval announcement expires.?

?

Article 37 of PRC Trademark Law provides that ?The period of validity of a registered trademark shall be ten years, counted from the day the registration is approved.?

?

From the above clauses, one may encounter some confusing conditions as follows:

?

1.??? If a trademark was opposed and was registered after successfully fending off an opposition, is the trademark holder entitled to claim trademark infringement against the opponent?s trademark if use in respect of the similar goods took place during the three-month period after preliminary publication and the registration date?

?

Specifically, if a foreign brand holder who has launched its business in the Chinese market but not timely filed and registered its brand in Mainland China opposes a confusingly similar trademark of its brand before the China Trade Mark Office (CTMO), what is the position? The opponent has some commercial use of its brand before the filing date of the opposed trademark and such use continues when the trademark application is pending. When the opposition does not succeed, the opposed trademark proceeds to registration. Under such a condition, can the trademark applicant claim trademark infringement by the Opponent for its commercial use between the three-month period after preliminary publication and the registration date?

?

Obviously, both parties are competing in the same field. The trademark registrant obtains and enjoys the right to exclusive use of its trademark from the preliminary publication plus three months. The registrant can enforce its right earlier, in accordance with Article 34 and not from the registration date. However, this is obviously unfair to the opponent. When it used its brand commercially between the said period, the applicant?s trademark was being opposed and not been approved for registration. It seems therefore that this is self-contradictory.

?

In our opinion, we believe that the registrant enjoys the right to exclusive use of its trademark from the preliminary publication plus three months. This point of time is, however, to calculate the renewal date of the trademark, but not to be the legal base to claim trademark infringement. Article 34 is a procedural provision but not a substantive provision. The proper legal base to claim trademark infringement should be Article 52.

?

The relevant official notice has been issued by the CTMO. (http://www.saic.gov.cn/sbw1/sbyw/200901/t20090123_36510.html, Chinese only)

?

2.??? What is the commencement date for the purposes of initiating non-use cancellation against a registered trademark after the procedures of opposition or review on opposition?

?

Let us discuss an exact case, an opposition against the trademark ?Wild Tiger &Tiger Device? No. 1975027, owned by a Chinese company in Jiangsu Province. The trademark was filed on 8 August, 2001, published preliminarily on 28 September, 2002 and opposed on 22 November 2002. Finally it was registered on 7 April 2010 after conclusion of an opposition. The opponent is HAW PAR CORPORATION LTD., located in Singapore. The opponent claimed that the opposed trademark was similar to its registered trademark ??TIGER & Tiger Device? No. 311262 in respect of similar designated goods in Class 5. The Trademark Review and Adjudication Board (TRAB) decided in favor of the trademark applicant.

?

Thus, if an opponent intends to fight against the trademark via a cancellation based on non-use, when can it file the said cancellation? Article 34 stipulates the trademark applicant has enjoyed the exclusive right since 28 December 2002. The final official decision issued by the TRAB was effective as of 14 December 2009. The trademark was registered on 7 April 2010.

?

For a trademark to enjoy the exclusive right, it must be registered. A pending trademark does not enjoy such a right. Accordingly, the applicant?s trademark has enjoyed the exclusive right since 28 December 2002, so the said cancellation would have been a valid claim once the final official decision became effective. But in practice, the CTMO does not accept such a cancellation, saying that the initial date of the said three years should be counted from the effective date of the final official decision, i.e. 14 December 2009. But no legal basis was provided for this allegation.

?

In our opinion, the said initial date of the cancellation should be counted from 28 December 2002, from which the trademark holder enjoys the exclusive right. The CTMO should accept such a cancellation but may judge in favor of the trademark holder based on its claim that the trademark has been opposed and not been registered in the said three years, so it has the legitimate reason for non-use. In fact, the said cancellation should be counted from the registration date of the opposed trademark, i.e. 7 April 2010, in accordance with Articles 37 and 44.

?

3.??? The above mentioned official notice issued by the CTMO recognizes that the validity of a trademark is counted from the preliminary publication plus three months, but Article 37 says that the period of validity of a registered trademark shall be ten years, counted from the day the registration is approved. As such, this also seems contradictory.

?

The aim of this official notice is to try to solve the slow examination and renewal process for those opposed trademarks, and Article 34 is cited. As mentioned, Article 34 is procedural. Against this, Article 37 is substantive and affects the real trademark right and trademark disputes. Therefore, it is the proper legal basis for a claim of cancellation for non-use and trademark infringement.

?

In conclusion, PRC Trademark Law contains procedural and substantive articles for specific trademark issues. From the above analysis, it appears that different Articles and Clauses apply for different circumstances and under different conditions, even though apparently some of them seem self-contradictory on the same issue.

?

We need to select and cite the proper legal basis for our different claims, so that the claims would be more likely to be accepted and supported by the Chinese authorities.

?

?

For further information, please contact:

?

Tiger Zhang, Ella?Cheong (Hong Kong & Beijing)

tzhang@ellacheong.com

?

?

Source: http://conventuslaw.com/china-%E2%80%93-is-there-an-unregistered-trademark-that-enjoys-the-exclusive-right-of-a-trademark-under-prc-trademark-law?utm_source=rss&utm_medium=rss&utm_campaign=china-%25e2%2580%2593-is-there-an-unregistered-trademark-that-enjoys-the-exclusive-right-of-a-trademark-under-prc-trademark-law

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Official YouTube app now supports iPhone 5, iPad and Airplay

Official YouTube app now supports iPhone 5, iPad and Airplay

Google is on a roll today; this morning, they updated Gmail for iPhone and iPad and now YouTube has been updated with optimization for the iPad and iPhone 5, AirPlay support, and more. All three of these have been huge user requests, so this is great news.

The iPad version of YouTube has a similar feel to the iPhone version and is very polished and smooth. On the left, there is a sidebar that gives quick access to your profile settings, subscriptions, and YouTube categories. For each video, you can see a list of other suggested videos, get the video info, and leave and view comments.

In addition to optimization for the iPhone 5 and iPad, YouTube now support AirPlay so that you can seamless stream videos to your Apple TV or other AirPlay supported devices. Some other new features include the ability to open your Guide of channels by tapping the YouTube logo and add and remove videos from your playlists. Links included in video descriptions are now also clickable and accessibility with VoiceOver has been improved.

I am very pleased with this update and happy with the Google team to release two great updates, today. My favorite feature of the YouTube is iPad support, as I've been waiting for this for a very long time. If I'm going to sit back and actually browse through YouTube and search for videos, it's going to be with my iPad, not my iPhone.

What about you? Are you happy with the update? Why or why not?

Free - Download Now



Source: http://feedproxy.google.com/~r/TheIphoneBlog/~3/_odvRkVmZOk/story01.htm

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