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Trademark Law and the Prickly Ambivalence of Post-Parodies
8 Colman Final.docx (DO NOT DELETE) 8/28/2014 3:07 PM ESSAY TRADEMARK LAW AND THE PRICKLY AMBIVALENCE OF POST-PARODIES CHARLES E. COLMAN† This Essay examines what I call “post-parodies” in apparel. This emerging genre of do-it-yourself fashion is characterized by the appropriation and modification of third-party trademarks—not for the sake of dismissively mocking or zealously glorifying luxury fashion, but rather to engage in more complex forms of expression. I examine the cultural circumstances and psychological factors giving rise to post-parodic fashion, and conclude that the sensibility causing its proliferation is grounded in ambivalence. Unfortunately, current doctrine governing trademark “parodies” cannot begin to make sense of post-parodic goods; among other shortcomings, that doctrine suffers from crude analytical tools and a cramped view of “worthy” expression. I argue that trademark law—at least, if it hopes to determine post-parodies’ lawfulness in a meaning ful way—is asking the wrong questions, and that existing “parody” doctrine should be supplanted by a more thoughtful and nuanced framework. † Acting Assistant Professor, New York University School of Law. I wish to thank New York University professors Barton Beebe, Michelle Branch, Nancy Deihl, and Bijal Shah, as well as Jake Hartman, Margaret Zhang, and the University of Pennsylvania Law Review Editorial Board for their assistance. This piece is dedicated to Anne Hollander (1930–2014), whose remarkable scholarship on dress should be required reading for just about everyone. (11) 8 Colman Final.docx (DO NOT DELETE)8/28/2014 3:07 PM 12 University of Pennsylvania Law Review Online [Vol. -
Meeting Packet
Atlanta Neighborhood Charter School ANCS Governing Board Monthly Meeting Date and Time Thursday August 19, 2021 at 6:30 PM EDT Notice of this meeting was posted on the ANCS website and both ANCS campuses in accordance with O.C.G.A. § 50-14-1. Agenda Purpose Presenter Time I. Opening Items 6:30 PM Opening Items A. Record Attendance and Guests Kristi 1 m Malloy B. Call the Meeting to Order Lee Kynes 1 m C. Brain Smart Start Mark 5 m Sanders D. Public Comment 5 m E. Approve Minutes from Prior Board Meeting Approve Kristi 3 m Minutes Malloy Approve minutes for ANCS Governing Board Meeting on June 21, 2021 F. PTCA President Update Rachel 5 m Ezzo G. Principals' Open Forum Cathey 10 m Goodgame & Lara Zelski Standing monthly opportunity for ANCS principals to share highlights from each campus. II. Executive Director's Report 7:00 PM A. Executive Director Report FYI Chuck 20 m Meadows Powered by BoardOnTrack 1 of1 of393 2 Atlanta Neighborhood Charter School - ANCS Governing Board Monthly Meeting - Agenda - Thursday August 19, 2021 at 6:30 PM Purpose Presenter Time III. DEAT Update 7:20 PM A. Monthly DEAT Report FYI Carla 5 m Wells IV. Finance & Operations 7:25 PM A. Monthly Finance & Operations Report Discuss Emily 5 m Ormsby B. Vote on 2021-2022 Financial Resolution Vote Emily 10 m Ormsby V. Governance 7:40 PM A. Monthly Governance Report FYI Rhonda 5 m Collins B. Vote on Committee Membership Vote Lee Kynes 5 m C. Vote on Nondiscrimination & Parental Leave Vote Rhonda 10 m Policies Collins D. -
California VOL
california VOL. 73 NO.Apparel 29 NewsJULY 10, 2017 $6.00 2018 Siloett Gets a WATERWEAR Made-for-TV Makeover TEXTILE Tori Praver Swims TRENDS In the Pink in New Direction Black & White Stay Gold Raj, Sports Illustrated Team Up TRENDS Cruise ’18— Designer STREET STYLE Viewpoint Venice Beach NEW RESOURCES Drupe Old Bull Lee Horizon Swim Z Supply 01.cover-working.indd 2 7/3/17 6:39 PM APPAREL NEWS_jan2017_SAF.indd 1 12/7/16 6:23 PM swimshowmiami.indd 1 12/27/16 2:41 PM SWIM COLLECTIVE BOOTH 528 MIAMI SHOW BOOTH 224 HALL B SURF EXPO BOOTH 3012 Sales Inquiries 1.800.463.7946 [email protected] • seaandherswim.com seaher.indd 1 6/28/17 2:30 PM thaikila.indd 4 6/23/17 11:56 AM thaikila.indd 5 6/23/17 11:57 AM JAVITS CENTER MANDALAY BAY NEW! - HALL 1B CONVENTION CENTER AUGUST SUN 06 MON 14 MON 07 TUES 15 TUES 08 WED 16 SPRING SUMMER 2018 www.eurovetamericas.com info@curvexpo | +1.212.993.8585 curve_resedign.indd 1 6/30/2017 9:39:24 AM curvexpo.indd 1 6/30/17 9:32 AM mbw.indd 1 7/6/17 2:24 PM miraclesuit.com magicsuitswim.com 212-730-9555 aandhswim.indd 6 6/28/17 2:13 PM creora® Fresh odor neutralizing spandex for fresh feeling. creora® highcloTM super chlorine resistant spandex for lasting fit and shape retention. Outdoor Retailer Show 26-29 July 2017 Booth #255-313 www.creora.com creora® is registered trade mark of the Hyosung Corporation for its brand of premium spandex. -
Hered White Frame for 5X7 Photo, 4X6 Slide 30
Welcome to the 2021 Franklin Woman's Club 27th Annual Tricky Tray Tier Ticket Color Value Price (Cash Only) 50/50 Tickets 1 Blue Up to $49 $5/Sheet $2 Each 2 White $50 - $100 $10/Sheet 4 for $5 3 Yellow $100+ $15/Sheet BEST DEAL 4 Pink/Red Grand Prizes $5 or 3/$10 10 for $10 Ticket Bonus Pack "A" - $30 Ticket Bonus Pack "B" - $50 (a $40 value) Contains: (a $75 value) Contains: 1 Sheet of Tier 1 2 Sheets of Tier 1 2 Sheets of Tier 2 2 Sheets of Tier 2 1 Sheet of Tier 3 2 Sheets of Tier 3 2 Grand Prize Tickets Tune your FM radio to 88.3 to hear the ticket drawing Don't bend your tickets - bent tickets will not be drawn Keep your larger ticket as your receipt Color of ticket and color of tablecloth MUST match Franklin Woman's Club P O Box 5793 Somerset, NJ 08875 [email protected] www.franklinwomansclub.com 11. Desk Set #1 Tier 1 Prizes 12. Desk Set #2 (Blue Tickets; Value up to $49) Black mesh letter sorter, pencil cup, clip holder and wastebasket 1. Cherry Blossom Spa Basket 13. Cake Pop Crush Japanese Cherry Blossom shower gel, bubble Cake Pops baking pan & accessories, cake pop bath, flower bath pouf, bath bombs, body and sticks, youth books “Cake Pop Crush” and hand lotion, more “Taking the Cake" 2. Friend Frame 14. Lunch Break "Friends" 6-opening photo collage picture frame FILA insulated lunch bag, pair of small snack for 2.25 X 3.25 inch photos containers 3. -
Fashion Content Standards Guide
Walmart Fashion Content Standards Updated Q4 2020 updated on: 11-17-20 Table of Contents Section 1: Content Section 4: Attribution Guidelines Importance of Content Men's & Women's Uniform & Workwear - Gowns & Coveralls 3 41 Attribute Definitions 82 Children's Apparel 42-45 How to Add Attributes 83 Section 2: Image Guidelines Gifting Sets Apparel 46-47 All Apparel Attributes 84-90 Image Requirements 5 All Tops, Items with Tops & Full Body Garments – Additional Attributes 91 Image Attributes 6 Section 3: Copy Guidelines All Tops with Collars, Robes, and Items with Collars – Additional Attributes 92 Silo Image Requirements - Photo Direction 7 Copy Standards 49 All Tops, Items with Tops, Intimates, Swimwear, & Dresses – Additional Attributes 93 Copy Definitions 50 Women's Dresses & Jumpsuits 8 All Jackets/Coats/Outerwear Tops & Sets with Jackets/Coats Additional Attributes 94 Search Engine Optimization 51 Women's Bodysuits & Outfit Sets 9 All Jackets/Coats/Outerwear & Weather Specific Bottoms –Additional Attributes 95 Writing Descriptions for Fashion 52 Women's Tops & Bottoms 10 All Athletic & Activewear - Additional Attributes 96 Women's Jackets & Coats 11 Legal Copy Information for All Categories 53 All Bottoms, Overalls/Coveralls, & Items with Bottoms - Additional Attributes 97 Women's Cloaks & Ponchos 12 All Upper Body Garments – Title Structures 54 All Pants, Overalls, & Items with Pants/Bottoms - Additional Attributes 98 Women’s Bundled/Multipacks – Tops 13 All Upper Body Garments - Copy Guidelines 55 All Shorts & Items with Shorts - -
Copycat-Walk:Parody in Fashion
78 • THE FEDERAL LAWYER • January/February 2017 COPYCAT- PATRICK MCKEY, MARIA VATHIS, WALK: JANE KWAK, AND JOY ANDERSON PARODY IN FASHION LAW raditional legal commentaries and authorities caution against the potential dangers of parodies and the perceived negative effects they may have on trademark or copyright owners.1 Unsuccessful parodies constitute infringement. They also may constitute dilution, blurring, tarnishment, and unfairly confuse consumers and the public that the infringing Tproduct or item is made or endorsed by the aggrieved mark holder. Most designers and labels vigorously contest parodies, issuing cease-and-desist letters and, often, eventually filing suit. While these are necessary steps to protect one’s brand, goodwill, and the value of the mark, mark holders are increasingly considering whether parodies may actually benefit them in the long run. As the infamous sayings go: “All publicity is good publicity” and “Imitation is the sincerest form of flattery.” Surprisingly, the fashion industry may be warming up to the idea, as parodies may even boost sales for the mark holder, while creating a whole new market for parody brands. Taking a glance at the two raincoats on the following page, it is wished Vetememes the best. He told The New York Times that “Ve- easy to initially mistake them for the same brand. Only a closer look tements will not be filing any lawsuits over the Vetememes raincoat (or a trained eye) reveals that jacket on the left is “VETEMENTS,” and hope[s] that [Tran] has enjoyed making his project as much as the cult Parisian brand launched in 2014 by Demma Gvasalia (for- we do making our clothes.”4 merly with Balenciaga) that’s making fashion headlines for its radical This article begins with an overview of trademark and copy- designs,2 and the one on the right is “VETEMEMES,” the Brook- right law, exploring both federal statutory regimes and various lyn-based parody brand started by Davil Tran. -
Advertising, Women, and Censorship
Minnesota Journal of Law & Inequality Volume 11 Issue 1 Article 5 June 1993 Advertising, Women, and Censorship Karen S. Beck Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Karen S. Beck, Advertising, Women, and Censorship, 11(1) LAW & INEQ. 209 (1993). Available at: https://scholarship.law.umn.edu/lawineq/vol11/iss1/5 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. Advertising, Women, and Censorship Karen S. Beck* I. Introduction Recently, a friend told me about a television commercial that so angers her that she must leave the room whenever it airs. The commercial is for young men's clothing and features female mod- els wearing the clothes - several sizes too large - and laughing as the clothes fall off, leaving the women clad in their underwear. A male voice-over assures male viewers (and buyers) that the cloth- ing company is giving them what they want. While waiting in line, I overhear one woman tell another that she is offended by the fact that women often appear unclothed in movies and advertisements, while men rarely do. During a discussion about this paper, a close friend reports that she was surprised and saddened to visit her childhood home and find some New Year's resolutions she had made during her grade school years. As the years went by, the first item on each list never varied: "Lose 10 pounds . Lose weight . Lose 5 pounds ...... These stories and countless others form pieces of a larger mo- saic - one that shows how women are harmed and degraded by advertising images and other media messages. -
Supplemental Materials for “Firm Participation in Voluntary Regulatory Initiatives”
Supplemental Materials for “Firm Participation in Voluntary Regulatory Initiatives” Import Genius search terms Apparel Jumper Silk Bathing short Jumpsuit Sleepwear Bathing suit Knit Sleeved Baby cloth* Leisurewear Sportswear Bedspread Lingerie Sock Bikini Loungewear Stocking Blazer Man-made fib* Sunsuit Blouse Manmade fib* Sweater Bodyshaper Mitten Sweatshirt Bra Neckwear Swimsuit Breeches Nightwear Swimwear Briefs Outerwear Suit Cardigan Pajama T-shirt Clothing Pants T shirt Clothe* Pantyhose Textile Coat Pillowcase Ties Cotton Sheet PJ Towel Culotte Playsuit Tracksuit Denim Polo Trouser Dress Pullover Underwear Duvet Pyjama Uniform Fabric Quilt Workwear Glove Robe Woven Handkerchief Sheets Yarns Hosiery Shirt Jacket Shorts Jean* Skort 1 Shipping volumes Figure 1 displays the volume of shipments from Bangladesh. For the purposes of comparison, Import Genius also provided summary data on total shipments arriving to the USA from anywhere in the world other than Bangladesh, satisfying the same set of search terms for the same time windows. We refer to these data as “rest of world” (RoW). Data in the figure is aggregated to the monthly level, in terms of kilograms, kilograms from Bangladesh as a percent of RoW weight, and number of shipments. A first glance suggests no noticeable decline in shipments around the April 2013 Rana Plaza event. Figure 1: US RMG imports from Bangladesh, 2011-15 USA monthly apparel import shipments from Bangladesh Weight Relative to RoW 5 ● 20 ● ● ●● ● ● ● ● ● ● 4 ● ●● ● ● ● 15 ● ● ● ● ● ● ● ● ● ● ● 3 Rana Plaza ● ● ● ● ● 10 ● ● ● ● ● ● ● percent 2 ● ● ● ● ● ● ● ● ● ● ● ● ● Kg (millions) ● ● ● ● 5 ●● ● ● 1 ● ● ● Rana Plaza ● ● ● ● ● ● ●● 0 0 ●● 2012 2013 2014 2015 2012 2013 2014 2015 Shipments ●● 3500 ● ● ● ● 3000 ● ● ● ● ● ● ● ● ● ● ● 2500 ● ● ● ● ● ●● ● ● ● ● 2000 ● ● ● ● ● 1500 ● ● ● ● 1000 ● number of shipments number 500 0 Rana Plaza 2012 2013 2014 2015 The dates in our bills-of-lading represent the date of arrival, not the date of order or shipment. -
C:\Users\Jchamber\Appdata\Local
Case 2:15-cv-07980-DDP-JPR Document 31 Filed 12/15/15 Page 1 of 14 Page ID #:229 1 2 3 O 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DC COMICS, ) Case No. CV 15-07980 DDP (JPRx) ) 12 Plaintiff, ) ORDER DENYING MOTION TO DISMISS ) 13 v. ) [Dkt. No. 25] ) 14 MAD ENGINE, INC., ) ) 15 Defendant. ) ___________________________ ) 16 17 Presently before the Court is Defendant Mad Engine’s Motion to 18 Dismiss. (Dkt. No. 25.) After considering the parties’ 19 submissions and hearing oral argument, the Court adopts the 20 following Order. 21 I. BACKGROUND 22 Plaintiff DC Comics is a publisher of comic books and owner of 23 related intellectual property. (Compl. ¶¶ 1, 9.) In this case, 24 Plaintiff is asserting its trademark rights in its Superman 25 character — specifically, the iconic shield design that Superman 26 wears on his chest. (Id. ¶ 10-14.) As provided by Plaintiff’s 27 complaint, “one well-known iteration of the design” is: 28 Case 2:15-cv-07980-DDP-JPR Document 31 Filed 12/15/15 Page 2 of 14 Page ID #:230 1 As the complaint provides, “[o]ne of the indicia most strongly 2 associated with Superman is the red and yellow five-sided shield 3 that appears on Superman’s chest.” (Id. ¶ 10.) Plaintiff has 4 registered a trademark in this shield design for adults’ and 5 children’s clothing, including t-shirts. (Id. Ex. 1 (U.S. 6 Trademark No. 1,184,881).) Plaintiff has also licensed this mark 7 on t-shirts, with the complaint providing examples: 8 9 10 11 12 13 14 15 As shown above, some of the licensed products are more humorous and 16 some are more traditional. -
Phoenix Apparel Liquidation Auction Friday
09/27/21 12:34:15 PHOENIX APPAREL LIQUIDATION AUCTION FRIDAY 6:00 PM 7/03/20 ID: 1708 LOAD-OUT EVERY MONDAY, TUESDAY, WEDNESDAY </font> <font color = red> (FREE TRANSFER TO OUR TEMPE AND TUCSON LOCATIONS) </font> Auction Opens: Tue, Jun 30 8:59pm MT Auction Closes: Fri, Jul 3 6:00pm MT Lot Title Lot Title 1000 Avia Women's Knit High Top B1000 (Stock 1009 (4) Cotton Plus Men's Undershirt, XL B1009 Photos for Reference only, See Additional (Stock Photos for Reference only, See Photos For Details) (24hr Guarantee) (NEW) Additional Photos For Details) (24hr 1001 Time and Tru Women's Button Front Midi Guarantee) (NEW) Skirt B1001 (Stock Photos for Reference only, 1010 Lysa Women's Plus Size Tie Front Tankini See Additional Photos For Details) (24hr Swimsuit Top B1010 (Stock Photos for Guarantee) (NEW) Reference only, See Additional Photos For 1002 Squeeze 7-12 Pull-On Chambray Dolphin Short Details) (24hr Guarantee) (NEW) with Reversible Flip Sequin Pocket, B1002 1011 Hanes Womens 31" inseam French Terry (Stock Photos for Reference only, See Pocket Pant, B1011 (Stock Photos for Additional Photos For Details) (24hr Reference only, See Additional Photos For Guarantee) (NEW) Details) (24hr Guarantee) (NEW) 1003 Squeeze 7-12 Pull-On Chambray Dolphin Short 1012 Hanes Womens 31" inseam French Terry with Reversible Flip Sequin Pocket, B1003 Pocket Pant, B1012 (Stock Photos for (Stock Photos for Reference only, See Reference only, See Additional Photos For Additional Photos For Details) (24hr Details) (24hr Guarantee) (NEW) Guarantee) (NEW) 1013 Time -
Factors That Influence Jeans Purchasing of College Males and Females
FACTORS THAT INFLUENCE JEANS PURCHASING OF COLLEGE MALES AND FEMALES A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIRE~~ENTS FOR THE DEGREE OF MASTER OF SCIENCE IN THE GRADUATE SCHOOL OF THE TEXAS vlOMAN' S UNIVERSITY - COLLEGE OF NUTRITION TEXTILES, AND HUMAN DEVELOPMENT BY AUDREY MAY REID, B.S. DENTON, TEXAS AUGUST, 1982 The Graduate School Texas Woman's University Denton, Texas ____J__ u_n_e __ l_5 ____________ ~ 19 82 1 We hereby recommend that the ______t_h---.:e:......s..:_J.,_· .:..::...s _________prepared under our supervision by Audrey May Reid entitled Factors that Influence Jeans Purchasing of College Males and Females be accepted as fulfilling this part of the requirements for the Degree of _M_a_s_t_e_r_____ _ of Science Dissertation/Theses signature page is here. To protect individuals we have covered their signatures. / (E}(AS WOMAN'S UN.&Vt.H~i J Y L.lbi11\t\1 j - -'12I ACKNOWLEDGEMENT The author wishes to express a ~In~ere appreciation to the following persons who have made the ~ompletion of this '' study possible:. ; 1., Dr.. Clarice Garrett,·: Chairperson of the Committee, for her guidance ahd steadfast' interest shown throughout the entire study and graduate program; Dr~ LaVerne Thomas, and Mrs. Winhifred Williams for their professional assistance and service as committee members. The participatns f6r their cocipeiation in completing the questionairs. A special thanks to Henry and Billie Thompson, deceased, for their financial help at the beginning of my graduate program _and .to their daughters Jane Kavanagh and Jeanna Thompson who continued their financial, and emotional support through the completion of this graduate program. -
Print Layout 1
ol.2 2006 V 25 Years Design of Fashion 25 Years Otis College of Art and Design Magazine Otis College of Art and Design Otis College of Art and Design 9045 Lincoln Blvd. Non-Profit Org Los Angeles, CA 90045 U.S. Postage PAID Permit No. 427 Los Angeles, CA IN THIS ISSUE: A Green Room Grows in South Central • 200 Happy Meals Make a Misfit Diet What is iTunes U? • Life Beyond the Fifth Ring • “Living Design” in Dar es Salaam www.otis.edu 02 20 24 28 Excellence and Diversity At recent alumni gatherings in Los Angeles, New York, and San Francisco, I spoke Otis prepares diverse students of art and design to enrich with Otis graduates from no fewer than seven decades. It was gratifying to hear our world through their creativity, their skill, and their vision. their consensus that the rigorous studies at Otis prepared them well for life after college. The vastly different journeys they have taken since Otis were also impres- Founded in 1918, Otis is L.A.’s first independent professional school of art. Otis' 1100 sive. Indeed, excellence and diversity, two defining values of Otis College of Art and students pursue degrees in architecture/landscape/ interiors, communication arts, digi- Design, are reflected throughout this issue of OMAG. tal media, fashion design, fine arts, interactive product design, public practice, toy Educational excellence at Otis is amply demonstrated by our renowned Fashion design, and writing. Alumni shape contemporary visual culture—from fine arts to the Design Program, which has just celebrated its 25th anniversary.