DOCSLIB.ORG

Downloads/Tap Udrp 2Paper2002.Pdf (Last Included in the Complaint and Response – If a Response Is Ever Filed – Visited May 11 2009))

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Downloads/Tap Udrp 2Paper2002.Pdf (Last Included in the Complaint and Response – If a Response Is Ever Filed – Visited May 11 2009)) News in brief The Federal Court of implemented informally by the in bad faith (Lindt Bunny Case IBM, as well as head of the IP law Australia has dismissed Mars court in the context of IP (Case C-529/07, June 11 2009)). team. Practitioners and mark Australia Pty Ltd’s claims of litigation. Overall, the court’s The dispute centred on the use by owners are generally in favour of passing off, misleading conduct objective is to facilitate, where two competing confectionery the appointment, noting that and trademark infringement possible, the scheduling of trials companies of a chocolate rabbit Kappos has the experience and against Sweet Rewards Pty Ltd to commence within two years shape. The European court did credibility needed for the role. (Mars Australia Pty Ltd v Sweet of the start of the proceeding. not provide exhaustive guidance Google changed its keyword Rewards Pty Ltd ([2009] FCA 606, New rules for the Regulations on how bad faith can be proved. advertising policy for the United June 5 2009)). The decision on Customs Protection of IP However, it did clarify some States on June 15. Under the suggests that where a Rights came into force in China on aspects of the test, which will be new rules, certain third parties trademark has become very well July 1. The rules require IP rights of assistance to brand owners in will be permitted to use known among consumers, the owners to file a more detailed contesting ‘register squatters’ and trademark terms in sponsored likelihood of deception or form when making an application others who seek to misuse the ad text. The change came soon confusion will be reduced. for the recordal of their rights trademark system. after the search engine The Canadian Federal Court with Customs. Customs officials The White House has extended its policy of permitting has issued a practice direction are also vested with greater announced President Obama’s third-party use of trademark aimed at streamlining complex discretionary powers with regard intention to nominate David terms as keywords – but not in litigation. The practice direction to the monitoring of goods. Kappos as director of the United ad text – to 190 countries. formalizes and extends to all The ECJ has issued its first States Patent and Trademark Google has also been hit with a practice areas various initiatives ruling on what it means to file a Office. Kappos is vice president series of actions over keywords that have recently been Community trademark application and assistant general counsel at in the United States. Erratum: On page 10 of Issue 19 of WTR adidas and eBay should have appeared as nominees in the North America Team of the Year category in place of Apple and Levi Strauss. ©iStockphoto.com/Andrey Prokhorov ©iStockphoto.com/Andrey 6 World Trademark Review August/September 2009 www.WorldTrademarkReview.com The Uniform Doman Name Dispute Resolution Policy (UDRP) celebrates its 10th anniversary this year at a time when the entire domain name system is on the cusp of change. Now seems the perfect moment to The reflect on the achievements of the UDRP over the past 10 years and to assess the challenges that lie ahead for trademark owners as the Internet opens up to new generic top-level domains (gTLDs). In this two-part name special, domain name experts from Silverberg Goldman & Bikoff first provide a detailed analysis of landmark rulings issued under the UDRP since its creation; WTR’s Adam Smith then examines the latest controversy game surrounding the expansion of the gTLD space. www.WorldTrademarkReview.com August/September 2009 World Trademark Review 7 Feature By James L Bikoff, David K Heasley, Phillip V Marano and Michael T Delaney On October 24 1999, less than a year after its inception, ICANN approved perhaps its most notable achievement to date – the Uniform Domain Name Dispute Resolution Policy (UDRP). All ICANN-accredited domain name registrars for top-level domain names (TLDs) such as ‘.com’, ‘.org’ and ‘.net’ are required to abide by the UDRP. All parties registering a domain name with these registrars must also agree to abide by the UDRP. This mandatory agreement between registrars and registrants contains the substantive and procedural rules for resolution of any trademark-based domain name dispute. In short, it provides trademark owners with a relatively inexpensive and expeditious method of cancelling or transferring domain names that are identical or confusingly similar to their own marks. With the 10th anniversary of the UDRP rapidly approaching, it is fitting that we examine its defining characteristics, as well as some notable decisions made under its auspices, to predict and prepare for future UDRP practice. The basics Under the UDRP, trademark owners that believe a registered domain name infringes or dilutes their marks may file a complaint with one of four ICANN-approved dispute resolution service providers: • the World Intellectual Property Organization (WIPO); • the National Arbitration Forum (NAF); • the Asia Domain Name Dispute Resolution Centre; and • the Czech Arbitration Court. A UDRP complaint must specify, among other things: • the domain names in dispute; • the registrar with whom the domain names are registered at the time the complaint is filed; • the name of the registrant; and The UDRP • adequate grounds for the complaint. As adequate grounds, a UDRP complainant bears the burden of establishing all the following three elements. The domain name is identical or confusingly similar to a turns 10 trademark in which the complainant has rights – Generally, a national trademark registration or well-established common law rights will prove that a complainant has rights to a trademark. However, the more challenging, fact-specific question is whether a A review of the UDRP’s defining characteristics and key domain name is identical or confusingly similar to a complainant’s decisions is in order as the policy prepares to celebrate mark. its 10th anniversary at a time of intense speculation The registrant has no rights or legitimate interests in the regarding the future direction of the Internet domain name – A registrant has no rights or legitimate interests in a domain name where: • no demonstrable preparations have been made to use the Since the inception of the Domain Name System in 1983, domain domain name in a bona fide offering of goods or services; names have generally been granted registration on a first come, first • the registrant is not commonly known by the domain name; or served basis. Not surprisingly, when the Internet was opened to • the registrant has not made a legitimate, non-commercial or fair commercial traffic, trademark disputes over domain names use of the domain name. proliferated. Cybersquatters or cyberpirates sought to hold well- known trademarks hostage in domain names by quickly registering The registrant has both registered and used the domain name the names, then extorting a significant profit from the rightful in bad faith – Bad-faith registration contemplates, “without owners or using the names to misdirect internet traffic to their own limitation”, the following primary motivations of a registrant: sites. In the mid to late 1990s, the unbridled growth of the Internet • intent to sell a domain name, at a profit, to a complainant had convinced all the major stakeholders that the existing method trademark owner; of administering the Domain Name System – at the time a • intent to prevent a complainant from reflecting its trademark in cooperative agreement between the US National Science Foundation a corresponding domain name; and a company called Network Solutions – needed to be changed. So • intent to disrupt the business of a competitor; and in November 1998, the Domain Name System began a gradual • intent to attract and misdirect internet traffic by creating a transition to privatization; responsibility for its administration was likelihood of confusion with a complainant’s trademark. handed to a new non-profit organization called the Internet Corporation for Assigned Names and Numbers (ICANN). Use in bad faith exists in myriad circumstances developed over 8 World Trademark Review August/September 2009 www.WorldTrademarkReview.com time in UDRP jurisprudence and is generally established in connection with limited opportunity to supplement these filings. There is no to the registrant’s lack of rights or legitimate interests in a domain discovery in UDRP actions, so they avoid the delays and costs name. For example, bad-faith use typically exists where a registrant is associated with lawsuits. not using a domain name in a bona fide offering of goods or services, Lastly, and most importantly for trademark owners, the vast but is attempting to sell the domain name for a profit. majority of domain name disputes decided under the UDRP are Notably, the UDRP is the first trademark-based dispute policy to resolved in favour of the complainant. Since the first UDRP consider ‘reverse domain name hijacking’. This refers to a complaint was filed with WIPO on December 2 1999 over 15,200 complainant’s bad-faith use of the UDRP and abuse of the additional complaints – involving over 25,000 domain names administrative proceeding to deprive a registrant of a domain name. – have been filed with WIPO. Of the total UDRP complaints filed Such hijacking generally occurs where a ‘big business bully’ of a with WIPO, approximately 84% resulted in transfer of the domain complainant files a UDRP complaint against a proverbial ‘little guy’ name to the complainant. Since the first UDRP complaint was filed of a registrant who, for instance, has been using a domain name in with NAF on January 10 2000, over 11,100 complaints have been good faith but who also has inferior trademark rights. A filed. Of the total complaints filed with NAF, over 8,200 – or roughly complainant must have knowledge of a registrant’s legitimate 73% – resulted in transfer of the domain name to the complainant interest in a domain name; without it, imposition of reverse domain and only slightly over 1,300 – or roughly 11% – were denied (WIPO name hijacking is unduly harsh (see MAHA Maschinenbau Domain Name Dispute Resolution Statistics are available at Haldenwang GmbH & Co KG v Rajani, WIPO Case D2000-1816).
Load more

Recommended publications
  • Kentucky Ancestors Genealogical Quarterly of The
    Vol. 43, No. 1 Autumn 2007 Kentucky Ancestors genealogical quarterly of the Sleettown: The Birth Oral History and of a Community Genealogy: Yes, There is Something For You! Revolutionary War Rev. John “Raccoon” Warrants Database Smith Marriages Vol. 43, No. 1 Autumn 2007 Kentucky Ancestors genealogical quarterly of the Don Rightmyer, Editor Dan Bundy, Graphic Design kentucky ancestors Betty Fugate, Membership Coordinator Governor Steven L. Beshear, Chancellor Robert M. "Mike" Duncan, President Robert E. Rich, 1st Vice President Bill Black, Jr., 2nd Vice President khs officers Sheila M. Burton, 3rd Vice President Walter A. Baker Richard Frymire Yvonne Baldwin Ed Hamilton William F. Brashear II John Kleber Terry Birdwhistell Ruth A. Korzenborn J. McCauley Brown Karen McDaniel Bennett Clark Ann Pennington William Engle Richard Taylor Charles English J. Harold Utley executive comittee Martha R. Francis Kent Whitworth, Executive Director Marilyn Zoidis, Assistant Director director’s office James E. Wallace, KHS Foundation Director Warren W. Rosenthal, President Dupree, Jo M. Ferguson, Ann Rosen- John R. Hall, 1st Vice President stein Giles, Frank Hamilton, Jamie Henry C. T. Richmond III, Hargrove, Raymond R. Hornback, 2nd Vice President Elizabeth L. Jones, James C. Klotter, Kent Whitworth, Secretary Crit Luallen, James H. “Mike” Mol- James Shepherd, Treasurer loy, Maggy Patterson, Erwin Roberts, Martin F. Schmidt, Gerald L. Smith, Ralph G. Anderson, Hilary J. Alice Sparks, Charles Stewart, John Boone, Lucy A. Breathitt, Bruce P. Stewart, William Sturgill, JoEtta Y. Cotton, James T. Crain Jr., Dennis Wickliffe, Buck Woodford foundation board Dorton, Clara Dupree, Thomas research and interpretation Nelson L. Dawson, Director Kentucky Ancestors (ISSN-0023-0103) is published quarterly by the Kentucky Historical Society and is distributed free to Society members.
    [Show full text]
  • Scholarship & Award Breakfast
    15TH ANNUAL Scholarship & Award Breakfast Tuesday, April 10, 2012 Dear friends, Good morning! Sherry and I are thrilled to welcome you to the 15th annual Scholarship and Award Breakfast. This is one of our favorite events — what a delight to see our students come together with our scholarship donors and supporters, you who help our students make their plans and dreams come true. At last year’s breakfast, Nelson Carpluk ’12 spoke of the impact scholarship funds had on his ability to complete his schooling. He talked about the motivation he derived from regular communication with his scholarship donors. And he talked about his plans for the future. The University of Alaska Fairbanks is in the business of helping develop a strong Alaska workforce; build intellectual strength; and make a place in this busy world for quiet inquiry. This is heady stuff, and none of it could happen without students’ hard work and donor support. Thank you for all you do to make it possible. Enjoy the morning. Sincerely, Chancellor Brian Rogers Program Cover Artwork: “Blueberries” Klara Maisch Art | 2011 – 2012 Bebe Helen Kneece Woodward Scholarship Program BREAKFAST IS SERVED! Emcee Jeri Wigdahl Community volunteer MUSICAL PERFORMANCE Trevor Adams, viola Music major | 2011 – 2012 String Players Fund Kailyn Davis, clarinet Music major | 2011 – 2012 Pearl Berry Boyd Music Scholarship | 2011 – 2012 Patricia Hughes Eastaugh Teaching Scholarship Ellen Parker, clarinet Music major | 2011 – 2012 Pep Band Support INSPIRING STUDENT SUCCESS Brian Rogers Chancellor, University of Alaska Fairbanks A LONG WAY FROM HOME Theresia Schnurr Biochemistry major | 2011 – 2012 Cynthia J. Northrup Physical Education Scholarship GETTING THE WORD OUT, CONNECTING WITH PEOPLE Wynola Possenti ’68, ’75 UAF donor | Richard G.
    [Show full text]
  • Chapter 4: China in the Middle Ages
    The Middle Ages Each civilization that you will study in this unit made important contributions to history. • The Chinese first produced gunpowder, the compass, and printed books. • The Japanese developed a constitutional government and new forms of art and poetry. • The Europeans took the first steps toward representative government. A..D.. 300300 A..D 450 A..D 600 A..D 750 A..DD 900 China in the c. A.D. 590 A.D.683 Middle Ages Chinese Middle Ages figurines Grand Empress Wu Canal links begins rule Ch 4 apter northern and southern China Medieval c. A.D. 400 A.D.631 Horyuji JapanJapan Yamato clan Prince Shotoku temple Chapter 5 controls writes constitution Japan Medieval A.D. 496 A.D. 800 Europe King Clovis Pope crowns becomes a Charlemagne Ch 6 apter Catholic emperor Statue of Charlemagne Medieval manuscript on horseback 244 (tl)The British Museum/Topham-HIP/The Image Works, (c)Angelo Hornak/CORBIS, (bl)Ronald Sheridan/Ancient Art & Architecture Collection, (br)Erich Lessing/Art Resource, NY 0 60E 120E 180E tecture Collection, (bl)Ron tecture Chapter Chapter 6 Chapter 60N 6 4 5 0 1,000 mi. 0 1,000 km Mercator projection EUROPE Caspian Sea ASIA Black Sea e H T g N i an g Hu JAPAN r i Eu s Ind p R Persian u h . s CHINA r R WE a t Gulf . e PACIFIC s ng R ha Jiang . C OCEAN S le i South N Arabian Bay of China Red Sea Bengal Sea Sea EQUATOR 0 Chapter 4 ATLANTIC Chapter 5 OCEAN INDIAN Chapter 6 OCEAN Dahlquist/SuperStock, (br)akg-images (tl)Aldona Sabalis/Photo Researchers, (tc)National Museum of Taipei, (tr)Werner Forman/Art Resource, NY, (c)Ancient Art & Archi NY, Forman/Art Resource, (tr)Werner (tc)National Museum of Taipei, (tl)Aldona Sabalis/Photo Researchers, A..D 1050 A..D 1200 A..D 1350 A..D 1500 c.
    [Show full text]
  • 20 Sunderlands Links to Slavery
    LOCAL STUDIES CENTRE FACT SHEET NUMBER 20 Sunderland’s links to slavery The Hilton family were an important family in the North JAMES FIELD STANFIELD (1749 – 1824) East and owned Hilton Castle in Sunderland, the name Actor, author and campaigner against the Slave Trade changed to Hylton by the 19th century. lived in a house on this site, which was also the birthplace of his son CLARKSON STANFIELD R.A (1793 – 1867) The Hylton’s were a sea faring family who forged links with Theatre, marine and landscape painter the Caribbean. Sir William Hylton was a mariner and salt merchant who went to America in 1621 and settled in There was popular support in Sunderland for an end to New Hampshire. Anthony Hylton from South Shields slavery as shown in the 1790s by petitions and the fact that (probably a relative of Sir William) took settlers to the town’s grocers had agreed to cease selling sugar Jamestown, Virginia in 1623. It is probable that William and produced in the slave plantations of the West Indies. Anthony were connected to the Hyltons at Hylton Castle. Campaigning continued after the abolition of the British Descendants of William Hylton settled in Maryland, Carolina slave trade in 1808 and slavery in the British Empire in and Jamaica before 1700. Records show that Ralph Hilton 1838. Frederick Douglas, the fugitive enslaved worker and of South Shields went to Jamaica in the 1740s and owned antislavery campaigner addressed a meeting in Sunderland slave plantations there. Like many of the first settlers, in 1846. The Dominican Celestine Edwards (1858 – 1894) involvement in the slave trade and slavery grew out of briefly lived in Sunderland before moving to London.
    [Show full text]
  • Shining Light on the Response to Child Sexual Abuse and Exploitation
    A report from The Economist Intelligence Unit OUT OF THE SHADOWS: SHINING LIGHT ON THE RESPONSE TO CHILD SEXUAL ABUSE AND EXPLOITATION A 40-country benchmarking index Supported by: With additional support from: OUT OF THE SHADOWS: SHINING LIGHT ON THE RESPONSE TO CHILD SEXUAL ABUSE AND EXPLOITATION Contents About the research 3 Acknowledgements 4 Executive summary 5 Introduction 7 A global agenda priority 8 Socioeconomic impact 8 Defining sexual violence against children 9 Emerging from the shadows 10 Exploring the index 11 1. Environment 12 Risk factors 13 Protective factors 14 Societal norms and attitudes 14 2. Legal framework 15 Subnational law 16 Child marriage 16 Box 1: Overlooking boys 18 3. Government commitment and capacity 19 Box 2: Bridging knowledge gaps 20 Cross-border challenges, technology and innovation 21 Box 3: Innovative prevention strategies 22 4. Engaging industry, civil society and media 22 The private sector 23 The media 23 Conclusion 26 Appendix 28 Appendix 1: Definitions of CSA and CSE 28 Appendix 2: Index methodology 29 An Economist Intelligence Unit research programme supported by World Childhood Foundation and Oak Foundation. With additional support from Carlson Family Foundation. © The Economist Intelligence Unit Limited 2019 2 OUT OF THE SHADOWS: SHINING LIGHT ON THE RESPONSE TO CHILD SEXUAL ABUSE AND EXPLOITATION About the research Out of the shadows: Shining light on the response to child sexual abuse and exploitation is an Economist Intelligence Unit research programme supported by the World Childhood Foundation and the Oak Foundation with additional support from the Carlson Family Foundation. It is based largely on a country-level benchmarking index that evaluates how stakeholders are responding to the scourge of sexual violence against children in 40 selected countries.
    [Show full text]
  • College for All? Is There Too Much Emphasis on Getting a 4-Year College Degree? Research Synthesis
    DOCUMENT RESUME ED 431 986 CG 029 345 AUTHOR Boesel, David; Fredland, Eric TITLE College for All? Is There Too Much Emphasis on Getting a 4-Year College Degree? Research Synthesis. INSTITUTION Wisconsin Univ., Madison. Medical Center. SPONS AGENCY National Library of Education (ED/OERI), Washington, DC. REPORT NO NLE-1999-2024 PUB DATE 1999-01-00 NOTE 96p. PUB TYPE Information Analyses (070) Numerical/Quantitative Data (110) EDRS PRICE MF01/PC04 Plus Postage. DESCRIPTORS Academic Ability; *Bachelors Degrees; *College Graduates; Community Colleges; Debt (Financial); Dropouts; Higher Education; *Labor Market; *Research; Salaries; School Holding Power; Tables (Data); Vocational Education ABSTRACT Over the years, larger and larger portions of high school graduates have enrolled in 4-year colleges. Although many people view college as essential to success in the labor market, the movement toward 4-year colleges also has its critics. These critics contend that the public has come to believe that almost all high school graduates should go to college. This "college movement" is sweeping many marginally qualified or unqualified students into college, and hence the average ability of college students has declined. As a result of these declining ability levels, college noncompletion and dropout rates have increased. Many noncompleters do poorly in the labor market and would have been better advised to pursue other education and training options. These noncompleters are also burdened by unnecessary debts from college loans. Even college graduates are not doing very well in the labor market. This research synthesis examines the evidence for these arguments. Based on published literature identified through traditional bibliographic sources, ERIC, a variety of internet sources, research reports, and Ph.D.
    [Show full text]
  • South Bay Historical Society Bulletin July 2015 Issue No
    South Bay Historical Society Bulletin July 2015 Issue No. 9 Monument School was the oldest school in the county when this photo was taken in 1938. The Tijuana River Valley Historic Sites until the Arguellos lost their title. The farmers built roads by Steven Schoenherr and towns with names such as Monument, Oneonta, Nestor and Palm City. Immigrants came from Italy and In this issue of the Bulletin is a map of historic Armenia and Japan to flourish in a cosmopolitan sites in the Tijuana River Valley. Since the 1980s the community. Swiss dairymen brought prosperity. The valley has change dramatically. Several severe floods military at Border Field and Ream Field brought people destroyed homes and farms. The creation of the Estuary and development. Schools brought education, starting Reserve and the Regional Park have reduced private with a little one-room schoolhouse on the edge of a mesa property to only a few hundred acres in what was once near the border. The racetracks of Tijuana demanded called an “Agricultural Paradise” of 5000 acres. The horses to fill the needs of gamblers and tourists. Tijuana valley is losing its cultural heritage in order to preserve a became “Sin City” and the Tijuana Valley became the natural environment. Thousands of Native Americans “Thoroughbred Capital of the West.” Ranchers and lived in the South Bay from 9000 years ago to the several breeders and trainers and jockeys took up residence in the large Kumeyaay villages of the last thousand years. The valley where there was plenty of room to practice their valley was the true “Birthplace of California” in 1769 craft.
    [Show full text]
  • Sir John Antwisel Wyons Marions Sir John Townley Wyamarus Whalley * Temp
    THE ENTWISLE FAMILY – Their ancestry according to B. Grimshaw By Peter Stanford in continuation of his earlier Review of the above work. This will attempt to follow the indicated lines of descent in more detail. Part I - The Early Ancestors? A speculative chart based on the information given by Grimshaw from claimed pedigrees of other families. In an attempt to aid examination and analysis, this has been arranged by the three generations mentioned so that apparent contemporaries appear on the same line. Sir John Antwisel Wyons Marions Sir John Townley Wyamarus Whalley * temp. Wm. I of Townley temp. Wm. I (1066-1087) lord of Stanfeld lord of Whalley Thomas Entwissel Jordan = a daughter Eustas Sir Bryan Upton = Godytha = Tiburia *dau.of Sir John A. *dau.of Sir John Antwisel Elizabeth = John temp.Wm. Rufus (1087-1100) (GAP: From this point there is a gap in Grimshaw’s narrative until Robert de Entwissel of 1212. I will pick up from there in Part 2.) Locations and communications: The most obvious meeting point between these various places would be in the vicinity of Burnley, which is where Towneley is situated, on its eastern side, twelve miles from Entwistle “as the crow flies”. Horses don’t fly, but it still looks like a short enough journey for a lusty young man on horseback using cross-country tracks; or a combination of them and the Roman road which runs right through Entwistle. There is a track of prehistoric origin, since much upgraded following much the same line, and which seems to have remained in continuous use, running from Whalley to Burnley, Towneley, Mereclough, then skirting Stansfield Moor and on to Heptonstall and beyond.
    [Show full text]
  • Faces of a Growing Community: a Profile of the Hispanic Population of Hillsboro, Oregon
    Portland State University PDXScholar Master of Urban and Regional Planning Nohad A. Toulan School of Urban Studies and Workshop Projects Planning Winter 1997 Faces of a Growing Community: A Profile of the Hispanic Population of Hillsboro, Oregon Sean Bannon Portland State University John Boroski Portland State University Thomas E. Carter Portland State University Cristina Jimenez-Roig Portland State University Dan Seltzer Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/usp_murp Part of the Urban Studies and Planning Commons Let us know how access to this document benefits ou.y Recommended Citation Bannon, Sean; Boroski, John; Carter, Thomas E.; Jimenez-Roig, Cristina; and Seltzer, Dan, "Faces of a Growing Community: A Profile of the Hispanic opulationP of Hillsboro, Oregon" (1997). Master of Urban and Regional Planning Workshop Projects. 119. https://pdxscholar.library.pdx.edu/usp_murp/119 This Report is brought to you for free and open access. It has been accepted for inclusion in Master of Urban and Regional Planning Workshop Projects by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. WSP 001 9 FACES OF AGROWING COMMUNITY: A PROFILE OF THE HISPANIC POPULATION OF HILLSBORO, OREGON PORTLAND STATE UNIVERSITY PLANNING WORKSHOP WINTER 1997 SEAN BANNON JOHN BOROSKI THOMAS E. CARTER CRiSTINAJIMENEZ-ROIG DAN SELTZER ,.. II ~eb~~+to~ Ii :I FACES OF AGROWING -. II COMMUNITY: III A PROFILE OF THE HISPANIC POPULATION OF
    [Show full text]
  • Subdivision Ordinance
    Subdivision Ordinance Adopted December 2, 2010 Article 3 amended June 6 2013 Article 3 amended April 2018 Articles 3 & 4 amended November 2018 TABLE OF CONTENTS ARTICLE 1 – INTRODUCTORY PROVISIONS Page Section 1-1 Title 1 Section 1-2 Purpose 1 Section 1-3 Authority 1 Section 1-4 Jurisdiction 1 Section 1-5 Prerequisite to Plat Recordation 1 Section 1-6 Acceptance of Streets 1 Section 1-7 Thoroughfare Plans 2 Section 1-8 School Sites on Land Use Plan 2 Section 1-9 Land Dedication 2 Section 1-10 Zoning and Other Plans 2 ARTICLE 2 – LEGAL PROVISIONS Section 2-1 General Procedure of Plat Approval 3 Section 2-2 Statement by Owner 3 Section 2-3 Effect of Plat Approval on Dedications 3 Section 2-4 Penalties for Violation 3 Section 2-5 Separability 4 Section 2-6 Variances 4 Section 2-7 Amendments 4 Section 2-8 Abrogation 4 Section 2-9 Subdivision Administrator 4 ARTICLE 3 – PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLAT Section 3-1 Plat Required 5 Section 3-2 Approval Prerequisite to Plat Recordation 5 Section 3-3 Procedure for Review of Minor Subdivision 5 Section 3-4 Exception for the Division of a Tract of Land in Single Ownership 7 Section 3-5 Procedure for Review of Major Subdivision 7 Section 3-6 Information to be Contained in or Depicted on 13 Preliminary and Final Plats Section 3-7 Construction Drawings Prior to Final Plats 15 Section 3-8 Recombination of Land 16 Section 3-9 Re-subdivision Procedures 16 ARTICLE 4 – REQUIRED IMPROVEMENTS, DEDICATION, RESERVATION, MINIMUM STANDARDS OF DESIGN Section 4-1 General 17 Section 4-2 Suitability
    [Show full text]
  • U.S. Population in Transition
    VOLUME 4 ELECTRONIC JOURNALS OF THE U.S. INFORMATION AGENCY NUMBER 2 CHANGINGCHANGINGTheThe AMERICAMERICA:A: nited tates U S opulation nn ransition P II T JUNE 1999 FROMFROM THETHE EDITORSEDITORS hroughout our history, going back more than two centuries, the United States populace has been an ever-evolving phenomenon. New immigrants have flocked to this nation from scores of countries. Pioneers have blazed trails across the Atlantic and Pacific Oceans, and over land, to various parts of the United States. TSubsequently, their families and descendants have followed those paths to new homes, new occupations and new self worth as U.S. citizens. And as one generation passes from the scene and a new one springs forth, the population invariably is affected. Even in our day, we have seen the “baby boomer” generation, born just after World War II, drive U.S. society for much of the second half of this century. Now, thanks to longer life expectancy and their own dynamism, seniors are assuming an impressive role in the United States as the century ends and a new one begins. This Journal presents fundamental demographic details about the changing U.S. population at this moment in history, the U.S. census, new immigration trends and the growing impact of seniors, among other subjects, and offers resources for further exploration of the topic. ■ U.S.SOCIETY&VALUES / JUNE 1999 2 ELECTRONIC JOURNALS OF THE U.S. INFORMATION AGENCY VOL.4 / BUREAU OF INFORMATION / U.S. INFORMATION AGENCY / NO. 2 [email protected] JUNE 1999 CHANGING AMERICA: THE UNITED STATES POPULATION IN TRANSITION FOCUS 5 THE UNITED STATES: A NATION OF DIVERSITY AND PROMISE BY BILL CLINTON As the United States moves into a century in which it may become the world’s first truly multiracial, multiethnic democracy, with an expanding senior citizenry as well, President Clinton reflects on the challenges posed by this diversity.
    [Show full text]
  • Planning Commission Packet February 28, 2019
    Umatilla County Department of Land Use Planning AGENDA Umatilla County Planning Commission Public Hearing Thursday, February 28, 2019, 6:30 p.m. Justice Center Media Room, Pendleton, Oregon Planning Commission Planning Staff Suni Danforth, Chair Cecil Thorne Bob Waldher, Planning Director Gary Rhinhart, Vice-Chair Hoot Royer Carol Johnson, Senior Planner Tammie Williams Molly Tucker Hasenbank Elizabeth Ridley, Planner/ GIS Don Wysocki Jon Salter Gina Miller, Code Enforcement Coordinator Tami Green Tierney Dutcher, Administrative Assistant 1. Call to Order 2. Continued Hearing: COUNTY TEXT AMENDMENT #T-19-078, PLAN AMENDMENT #P-122-19, & ZONING MAP AMENDMENT #Z-313-19, to Co-adopt City of Stanfield Urban Growth Boundary (UGB) Adjustment. The City of Stanfield requests the County co- adopt a proposed change to the city’s UGB that would remove 110 acres of industrial land and 28 acres of open space from within the UGB and replace it with 110 acres of land to be rezoned from Exclusive Farm Use (EFU) to City Industrial, and annexed into the City. The criteria of approval are found in Umatilla County Development Code 152.750-152.755 and the Joint Management Agreement between the City and County. 3. New Hearing: PLAN AMENDMENT #P-123-19, to amend the Exception for Local Access Improvements set forth in Umatilla County Ordinance 2003-09, which Ordinance is a part of the County’s Transportation System Plan. The applicant, TA Operating, LLC, requests to amend County Ordinance 2003-09 and the Umatilla County Transportation System Plan, consistent with the Land Use Board of Appeals’ opinion in Space Age Fuel.
    [Show full text]