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See You At The Top Formerly Entitled Biscuits... VERIFIED


Groove Music lets you easily play your music collection and make playlists. Microsoft Movies & TV allows you to play your video collection and rent or buy movies and TV episodes. These services were formerly offered as Xbox Music and Video.




See You at the Top Formerly Entitled Biscuits...


Download File: https://www.google.com/url?q=https%3A%2F%2Fmiimms.com%2F2udkoJ&sa=D&sntz=1&usg=AOvVaw26L-TJu6oeYp0JeJLid7Mr



d. Any determination as to eligibility of a claimant as beneficiary or any request for evidence required in support of a claim will be made by the OSGLI. This office must also receive proof that a claimant is entitled to payment. If, for example, the payment in the order of precedence is made to parents and one parent is deceased, a certified copy of the death certificate for the deceased parent should be furnished. NOTE: If form SGLV 8283 was not furnished to the beneficiary, one may be obtained from the OSGLI, or any VA office. If the beneficiary has no tangible evidence of SGLI coverage, see paragraph 8.05.


a. If a principal beneficiary, otherwise entitled to payment of the insurance proceeds, does not make a claim for the proceeds within 1 year following the death of the insured, or if payment to such person within that period is prohibited by Federal law or regulation, payment may be made to the contingent beneficiary or in the order of precedence as set forth in paragraph 6.06 as if the person had died before the insured. Any such payment shall bar recovery by any other person.


b. If, within 2 years after the death of the member, no claim has been made by any person entitled, and neither VA nor the OSGLI has received any notice that such a claim will be made, payment may be made to any claimant that may be equitably entitled to the proceeds as determined by VA; and such payment will be a bar to recovery by another person.


As of December 17, 1998, AT & T had launched its new automatic e-mail notification service, calling it a You Have Mail! feature. The AT & T web page describing this feature is entitled YOU HAVE MAIL! in large bold print, and the text on this page read: "The `You Have Mail!' feature provides an automatic e-mail notification when you visit the AT & T WorldNet Service home page. A pop-up window tells you how many messages are in your e-mail inbox and gives you easy access to our web-based e-mail interface. In addition, you're able to access other AT & T WorldNet Service functions and view the latest web site features. Using `You Have Mail' does not affect your ability to use your e-mail software to download messages whenever you wish." When a user has e-mail, the AT & T pop-up window text reads: "Hi, [NAME]! You have [#] messages." The pop-up window mentioned by AT & T has a title bar that reads: "AT & T WorldNet Service You Have Mail." As of December 17, 1998, the public website promotion for the new serviced included the words "You Have Mail!" next to a picture of an old-fashioned U.S. mailbox.


On December 18, 1998, a new Warner Bros. movie entitled "You've Got Mail" opened nationwide. AOL licensed its YOU HAVE MAIL word, YOU'VE GOT MAIL spoken mark, mailbox logo, IM mark, and BUDDY LIST mark to Warner Bros. for use in connection with this movie. All of these marks are frequently seen and heard in the film.


AOL responds that under settled case law, whether a trademark is generic is strictly a question of fact which can be resolved on summary judgment only if there are no disputes about the material facts. AOL says that the real test of whether marks are generic is whether competitors would be "rendered speechless" without the ability to use the terms. Because AT & T itself weighed more than 100 available names for its services before it decided to infringe YOU HAVE MAIL, YOU'VE GOT MAIL, IM, and BUDDY LIST, and because other competitors have found it easy to use non-infringing terms to describe their services, AOL maintains that not only is summary judgment in favor of AT & T inappropriate, but that as a matter of law AOL should be entitled to summary judgment. It is AOL's contention that YOU HAVE MAIL, YOU'VE GOT MAIL and BUDDY LIST are suggestive marks, and that IM is an arbitrary mark, all entitled to the full protection of the Lanham Act.


Further, even if a producer or provider has achieved secondary meaning in its generic mark through promotion and advertising, the generic mark is still not entitled to protection because to allow protection would "deprive competing manufacturers of the product of the right to call an article by its name." See Abercrombie & Fitch, 537 F.2d at 9; see also Genesee Brewing Co., 124 F.3d at 143 n. 4; Keebler Co. v. Rovira Biscuit Corp., 624 F.2d 366, 374 (1st Cir.1980) ("No amount of purported proof that a generic term has acquired secondary meaning associating it with a particular producer can transform that term into a registrable trademark"); Reese Publishing Co., Inc. v. Hampton Intern. Communications, 620 F.2d 7, 12 n. 2 (2nd Cir.1980) (Evidence of secondary meaning "at most could have established `de facto secondary meaning,' which cannot suffice to convert a generic term into a trademark"); Surgicenters, 601 F.2d at 1016 (A generic word "cannot be validly registered as a trademark even if there is proof of secondary meaning").


Last, the Court would note that McCarthy recommends using consumer surveys as a means of determining whether the primary significance of a mark is generic. See 2 McCarthy 12:13 at 12-26 to 12-34. However, when determining whether a mark is generic, the Court is not to consider whether the mark has acquired any secondary meaning, because generic marks with secondary meaning are still not entitled to protection. To allow protection would "deprive competing manufacturers of the product of the right to call an article by its name." See Abercrombie & Fitch, 537 F.2d at 9; see also Genesee Brewing Co., 124 F.3d at 143 n. 4; Keebler Co., 624 F.2d at 374 ("No amount of purported proof that a generic term has acquired secondary meaning associating it with a particular producer can transform that term into a registrable trademark"); Reese Publishing, 620 F.2d at 12 n. 2 (evidence of secondary meaning "at most could have established `de facto secondary meaning,' which cannot suffice to convert a generic term into a trademark"); Surgicenters, 601 F.2d at 1016 (a generic word "cannot be validly registered as a trademark even if there is proof of secondary meaning").


It is well-settled that an abbreviation of a generic name that continues to convey to consumers the original generic connotation of the unabbreviated name is also generic. See National Conference of Bar Examiners v. Multistate Legal Studies, Inc., 692 F.2d 478, 488 (7th Cir.1982). While acronyms or initials can be entitled to protection if they are descriptive, see American Historic Racing Motorcycle Ass'n v. Team Obsolete Promotions, 33 F. Supp. 2d 1000 (M.D.Fla.1998), if the initials have become so generally understood as being substantially synonymous with the words they represent, they are not protectible. See Modern Optics, Inc. v. Univis Lens Co., 43 C.C.P.A. 970, 234 F.2d 504, 506 (1956).


AT & T notes, notwithstanding the above, that registered marks are regularly held invalid and canceled if generic. See Miller Brewing Co. v. Jos. Schlitz Brewing Co., 605 F.2d 990 (holding that the term "light" or "Lite" is generic for beer, thus allowing for the mark's cancellation). Further, Courts have found that it is appropriate to cancel registered marks on motions for summary judgment. See Convenient Food Mart, 690 F. Supp. at 1461. Because AOL, AOL's competitors, the media and reference books use BUDDY LIST as a common, generic term to describe a particular feature of service, AT & T argues that BUDDY LIST is not entitled to trademark protection.


NOW let us give the other instance of Abbot Paphnutius, who always remained so zealously in the recesses of that renowned and far-famed desert of Scete, in which he is now Presbyter, so that the rest of the anchorites gave him the name of Bubalis,(1) because he always delighted in dwelling in the desert as if with a sort of innate liking. And so as even in boyhood he was so good and full of grace that even the renowned and great men of that time admired his gravity and steadfast constancy, and although he was younger in age, yet put him on a level with the Elders out of regard for his virtues, and thought fit to admit him to their order, the same envy, which formerly excited the minds of his brethren against the patriarch Joseph, inflamed one out of the number of his brethren with a burning and consuming jealousy. And this man wanting to mar his beauty by some blemish or spot, hit on this kind of devilry, so as to seize an opportunity when Paphnutius had left his cell to go to Church on Sunday: and secretly entering his cell he slyly hid his own book among the boughs which he used to weave of palm branches, and, secure of his well-planned trick, himself went off as if with a pure and clean conscience to Church. And when the whole service was ended as usual, in the presence of all the brethren he brought his complaint to S. Isidore(2) who was Presbyter of this desert before this same Paphnutius, and declared that his book had been stolen from his cell. And when his complaint had so disturbed the minds of all the brethren, and more especially of the Presbyter, so that they knew not what first to suspect or think, as all were overcome with the utmost astonishment at so new and unheard of a crime, such as no one remembered ever to have been committed in that desert before that time, and which has never happened since, he who had brought forward the matter as the accuser urged that they should all be kept in Church and certain selected men be sent to search the cells of the brethren one by one. And when this had been entrusted to three of the Elders by the Presbyter, they turned over the bed-chambers of them all, and at last found the book hidden in the cell of Paphnutius among the boughs of the palms which they call seira', just as the plotter had hidden it. And when the inquisitors at once brought it back to the Church and produced it before all, Paphnutius, although he was perfectly clear in the sincerity of his conscience, yet like one who acknowledged the guilt of thieving, gave himself up entirely to make amends and humbly asked for a plan of repentance, as he was so careful of his shame and modesty (and feared) lest if he tried to remove the stain of the theft by words, he might further be branded as a liar, as no one would believe anything but what had been found out. And when he had immediately left the Church not cast down in mind but rather trusting to the judgment of God, he continually shed tears at his prayers, and fasted thrice as often as before, and prostrated himself in the sight of men with all humility of mind. But when he had thus submitted himself with all contrition of flesh and spirit for almost a fortnight, so that he came early on the morning of Saturday and Sunday not to receive the Holy Communion(3) but to prostrate himself on the threshold of the Church and humbly ask for pardon, He, Who is the witness of all secret things and knows them, suffered him to be no longer tried by Himself or defamed by others. For what the author of the crime, the wicked thief of his own property, the cunning defamer of another's credit, had done with no man there as a witness, that He made known by means of the devil who was himself the instigator of the sin. For possessed by a most fierce demon, he made known all the craft of his secret plot, and the same man who had conceived the accusation and the cheat betrayed it. But he was so long and grievously vexed by that unclean spirit that he could not even be restored by the prayers of the saints living there, who by means of divine gifts can command the devils, nor could the special grace of the Presbyter Isidore himself east out from him his cruel tormentor, though by the Lord's bounty such power was given him that no one who was possessed was ever brought to his doors without being at once healed; for Christ was reserving this glory for the young Paphnutius, that the man should be cleansed only by the prayers of him against whom he had plotted, and that the jealous enemy should receive pardon for his offence and an end of his present punishment, only by proclaiming his name, from whose credit he had thought that he could detract. He then in his early youth already gave these signs of his future character, and even in his boyish years sketched the lines of that perfection which was to grow up in mature age. If then we want to attain to his height of virtue, we must lay the same foundation to begin with. 041b061a72


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