Showing posts with label at. Show all posts
Showing posts with label at. Show all posts

Monday, March 13, 2017

A close look at survey methodology for proof of acquired distinctiveness

A close look at survey methodology for proof of acquired distinctiveness


The grounds for the German Federal Court of Justices decision in the Sparkassen Group/Banco Santander dispute over the validity of Sparkassens colour mark "red" (HSK 13) for financial services, namely retail banking, have been published last week. The 46-page judgment takes a very close look at the proper methodology of consumer surveys designed to prove acquired distinctiveness. Since no less than four surveys were submitted by the parties, two by each side, the Court had a wealth of material to work with.
 
Red.
If you are not familiar with the background of the dispute, have a look at our earlier post on the decision. Essentially, Banco Santander applied for a declaration of invalidity for lack of (acquired) distinctiveness of Sparkassens colour mark, was unsuccessful before the German IPO, successful before the Federal Patent Court and ultimately unsuccessful before the Bundesgerichtshof, which confirmed the validity of the mark. The case led to a referral to the CJEU, which was answered in the joined cases  C?217/13 and C?218/13 in 2014 (see summary by Birgit Clark on IPKat).
 
Given the length of the decision, I can only highlight a few points in the following. The decision will be the reference case for the design of consumer surveys for proof of acquired distinctiveness for years to come.
 
The IPSOS survey from 2006 showed the participants a red card and opened with the following question:
Have you ever seen this colour in connection with financial institutions, or does it appear familiar in this context? Or have you never encountered this colour in connection with financial institutions?
According to the BGH, this question was suggestive, as it already created a link to a certain kind of companies, namely financial institutions. It already introduced the key question - whether the sign was understood as reference to a single entity - into the first question, which should only filter for persons that have never encountered the sign (para. 43). The proper way was to ask whether the respondents had seen the colour in connection with the claimed products.
 
A further "grave flaw" of the IPSOS survey was counting those respondents that said that they had never encountered the sign among the 66% of respondents that associated the sign with the Sparkassen Group. Those respondents who do not recall ever having seen the sign must be counted among those who do not perceive the sign as an indication of source (para. 45). The Pflüger survey submitted by Sparkassen Group in 2013 was not able to correct the deficiencies of the IPSOS survey from 2006. Surveys conducted several years after the relevant date - here the trade mark owner tried to prove acquired distinctiveness at the time of filing in 2002 - could only be considered if the market conditions were stable over longer periods of time, which was not established here (para. 50).
Too much paper...

Another flaw of the Pflüger survey - which equally applies to the IPSOS survey - was that the first question asked "Have you ever seen this colour in connection with financial services [as listed] or does it appear familiar in this context? Or have you never encountered this colour in this context?" According to the Court, the part of the question here put in italics is impermissible, as it leads respondents to consider a third answer, other than yes or no, to the question. It was fine to count those who spontaneously answered that the colour appeared familiar among those who know the sign, but "looks familiar" must not be an explicit option, as it leads to inflated figures (para. 72. In the case at hand, only about 17% of respondents spontaneously answer that the colour seems familiar, but 24% if explicitly given the option).
 
The Court addressed, but left deliberately open, the allocation of the burden of proof. According to German case law, if lack of acquired distinctiveness at the time of filing cannot be established, the validity of the mark is confirmed, so the burden of proof lies with the nullity plaintiff. According to the CJEUs judgment in cases C-217/13 and C-218/13, the opposite is true - the burden of proof for acquired distinctiveness lies with the trade mark owner (there at para. 68). The BGH did not have to decide the issue - it hints that it is unhappy with the CJEUs finding - because it found that the evidence on record established that the mark had acquired distinctiveness at the time of the Federal Patent Courts decision in 2015. Because Germany exercised the option under Article 3(3) second sentence Directive 2008/95, proof of acquired distinctiveness either at the time of filing or at the time of decision leads to validity of the mark (§ 8(3) German Trade Mark Act).
 
The respondents in the Pflüger survey answered the second question as follows:
In connection with financial services...
  • the colour refers to ("hinweisen") a specific financial institution (63%)
  • the colour refers to several financial institutions (8%)
  • the colour does not refer to any financial institution (4%)
  • cannot answer (6%)
This question was appropriate (para. 79). 62% of respondents named a company of the trade mark owners group in answer to the third question "Do you know the name of this financial instution?".
 
Overall, the Bundesgerichtshof considered that the survey, flawed as it was, proved that more than 50% of the relevant consumers perceived the colour as a reference to a specific financial institution, i.e. as distinctive. Although the Court repeats the old "there cannot be fixed percentage values as absolute limits" (para. 92), it is pretty clear that anything above 50% is enough (para. 109).
 
Also interesting is what the Court did not address with a single word - whether it is enough that the consumers perceive the colour as a reference to a single entity, or whether it must be demonstrated that they rely on the mark when choosing the product. As you may recall, Arnold J in his second KitKat decision (IPKat post) held that "the applicant or trade mark proprietor must prove that, at the relevant date, a significant proportion of the relevant class of persons perceives the relevant goods or services as originating from a particular undertaking because of the sign in question" (there at para. 57) and considered the survey evidence submitted by Nestlé, structurally very similar to the evidence before the Federal Court of Justice, to be inadequate to answer this question. Since the briefs are not on public record in Germany, it is unclear whether the nullity plaintiff even raised the issue. In any case, German Courts do not seem to be inclined to follow Arnold Js lead (for a critical take on the KitKat decision, see my recent piece in ABAs Landslide Magazine).

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Saturday, March 11, 2017

Our best look yet at the Samsung Galaxy Note 7

Our best look yet at the Samsung Galaxy Note 7


Our best look yet at the Samsung Galaxy Note 7

Loads of photos claiming to show the Samsung Galaxy Note 7 have leaked over the last couple of months, but for the most part theyve all been focused on the front of the phone. As such weve had a good look at the screen and iris scanner, but not at the back, the camera or the ports.

Well today thats all changed, as a new batch of photos has been posted to Weibo and spotted by TechTastic, giving us a clear look at the front, back and bottom edge of the Note 7.

From the back it looks a lot like the Samsung Galaxy S7, with a reflective black covering thats likely made of glass and a camera that looks exactly the same, complete with a lens that appears to protrude slightly from the back.

Note 7 leak

While the same design doesnt mean the same specs it suggests there probably isnt going to be a huge change to the snapper, which on the S7 is 12MP with optical image stabilization and indeed most current camera rumors point to a 12MP one.

The back is otherwise plain and lacks the Samsung logo found there on the Galaxy S7 and Galaxy S7 Edge, but then the handset is likely a prototype rather than a finished version.

New ports and old screens

At the bottom edge the design is again a lot like the Galaxy S7 range, with a 3.5mm headphone port and a speaker. However, there are two key differences, firstly the USB port appears to be USB-C rather than micro USB. Thats not the first weve heard of Samsung making the switch, so its believable.

The other difference is the slot on the right for the S Pen. We dont get a good look at the pen itself here, but it leaked just yesterday and looks similar to the Galaxy Note 5s.

Note 7 leak

Theres less to say about the front, as weve seen it so often, but the screen appears to be flat here, which further suggests this is just a prototype, albeit a functional one, as were not expecting to see a flat version of the Note 7.

Then again, this is the second flat screen version weve seen leaked in as many days, so its always possible that Samsung will surprise us with both flat and curved models.

Well know soon, as the Galaxy Note 7 is almost certainly going to be unveiled on August 2, which is now less than two weeks away.

  • Cant wait? Check out the best supersized phones available now

Source: TechRadar
posted by ConnectMe
Source: LivingIntunes

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Sunday, March 5, 2017

Top 20 Most Visited Websites in Nigeria as at 28th December 2014

Top 20 Most Visited Websites in Nigeria as at 28th December 2014


The year 2014 is almost over and the number of internet users in Nigeria is on the increase. According to internetlivestats.com, Nigeria is 8th on the list of countries with highest internet usage. Behind the likes of China, USA, India, Japan, Brazil, Russia, Germany respectively. More than the UK, France etc. It is worth noting that Nigeria (8th) and Egypt (14th) are the only two African countries in the top 20.

Nigerians visit a wide range of websites from news to sports to e commerce websites. Here is the list of the top 20 most visited websites by Nigerians as at 28th December 2014.





1. Google.com                                                                                     11. ask.com

2. google.com.ng                                                                                 12. amazon.com

3. facebook.com                                                                                  13.wikipedia.org

4. yahoo.com                                                                                       14. naij.com

5. youtube.com                                                                                    15. linkedin.com

6. blogspot.com                                                                                   16. lindaikeji.blogspot.com

7. konga.com                                                                                       17. vanguardngr.com

8. twitter.com                                                                                       18. gtbank.com

9. jumia.com                                                                                        19. goal.com

10. nairaland.com                                                                                 20. pucnhng.com


The ranking is courtesy Alexa ranking as at 28th December 2014. A summary of the rankings show that Google is still Nigerias top most visited website and search engine. The most visited Nigerian website was Konga.com Nigerias no. 1 online shopping mall in 7th place ahead of major competitors jumia (9th).






Goal is the only sport website in the ranking as Guarantee trust bank is the only bank also. Vanguard is the most read online news paper while Lindas blog still remains Nigerias no. 1 Blog. Facebook still remains the most used social media.

 What do you think? Drop your comments below.

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Friday, March 3, 2017

Does new Rs 2000 note spew electronic chip at zero degree

Does new Rs 2000 note spew electronic chip at zero degree



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Monday, February 27, 2017

Sell Your Payoneer Dollars At The Profitable Rate In Naira

Sell Your Payoneer Dollars At The Profitable Rate In Naira


Hello guys!... If you use Payoneer, then you probably know what Im about to rant about Nigerian ATM machines and Payoneer dollars being withdrawn for Naira.

About a year ago, when I started earning huge dollars to my Payoneer account, I saw myself as the new millionaire in town considering the amount of Payoneer dollars I rake in every month. But sadly on getting to the bank ATM machines around me to withdraw, I was deeply disappointed with what the machines dispensed in the name of Payoneer dollars to Naira rate.

The amount of dollars in my Payoneer account, using the rate of dollars to Naira in the parallel market at the time clearly stated that I was a millionaire. But the ATM rates said otherwise. Because, the amount of money they took from my account per dollar & per withdrawal clearly puts me back to being a thousandaire.

Imagine getting paid with N267/$ for your hard earned Payoneer dollars when the dollar is currently N485/$ at the parallel market? Thats a whooping N218 being stolen by the banks from every piece of dollars you might have earned. I dont blame people for choosing MMM over them.

For instance, if you earned $1,000 Payoneer dollars, thats 1000 x 218 = N218,000 being stolen from you. As if that is not enough, they bill you $3.2 per ATM withdrawal and an additional $1 for checking your Payoneer account balance with the ATM machine after withdrawal.

You may have experienced all of this out of ignorance, but its time you stopped and sell your Payoneer dollars at the profitable rate in Naira.

We buy/exchange your Payoneer dollars for you at the best rates ever and then use it to help those who may need it for online transactions. So you can sell to us and smile to the bank.

Why You Should Sell/Exchange With Us?
==>1. Trusted! Weve lasted more than you can think of.
==>2. We buy as much as, as well as, as low as you can provide
==>3. We give you the best rate for your hard earned money
==>4. Fast response! We reply instantly on Whatsapp and Telegram
==>5. Fast Payment! After receiving, confirming your fund, we credit your Nigerian bank account of choice with the Naira equivalent instantly (no time!)
==>6. The rate is dependent on the volume of Payoneer dollars you have for sale. That is, the higher the volume, the sweeter the rate you will get
==>7. Apart from Payoneer dollars, we buy skrill at a very good rate and then buy& sell Bitcoin as well.
==>8. If the “Pay/Make A Payment” features has been removed from your Payoneer account, making it impossible to transfer funds, but rely on ATM for withdrawals at an awkward rate. We can still help you. Just hit us.

How To Contact Us?
Chat up on Whatsapp with 07030602334
Telegram: @uchefrancis
Blog: NaijaTechLovers.com
http://www.shelaf.com/2016/12/sell-your-payoneer-dollars-at.htmlposted by ConnectMe

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Saturday, February 25, 2017

INFINIX HOT NOW AVAILABLE AT N13 400 on KONGA

INFINIX HOT NOW AVAILABLE AT N13 400 on KONGA


A Few weeks back, I made a post on Infinix Hot device here . Good news Everybody, the device has been released and exclusive to Konga at just N12,900 N13,400 only with free delivery!! This Price tag makes it extremely affordable and is expected to outsell the Infinix Zero which sold an incredible 20,000 units within 3 weeks of its release.




The Infinix Hot comes in several amazing colours - silk white, brilliant yellow, radiant red, bright green, charcoal black - complementing different tastes and personalities. Its unique luminous cover stands out at night and is designed to thrill young extroverts who love the nightlife. It also comes with 500mb free data on activation powered by etisalat.





This is a great season for all customers on Konga.com! In addition to the fabulous Christmas store that was opened recently, the free gifts offered in the Konga Make-a-Wish Campaign, Konga also continues its FREE delivery on all orders above N5000 this period!

So, get your fingers clicking and be the first to own this device by clicking this link ------> Infinix Hot

 Infinix Hot X507 Key Features:

  • 16GB internal memory with a SD card slot that supports up to 32GB SD card
  • Android 4.4.2 Kitkat operating system
  • 5.0 inch IPS with 16 million colours
  • Dual SIM/Dual standby
  • Quad Core 1.3GHz processor MediaTek
  • Smart gesture
  • 5.0 mega pixel back AF camera with flashlight and a 2.0 mega pixel front facing camera 2000mAh battery power
  • Colours: Red, Yellow, Black, White and Green with unique texture design.
  • FM Radio capability
  • eBook reader
  • Popular games such as Asphalt 7 powered by Gameloft.





You can read about the full specs of the device here . Dont forget to visit www.konga.com and get your own share of the Holiday season awoof. You can grab the Infinix Hot here.

Got questions or comments? Hit the comment box!!


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Friday, February 17, 2017

Assistant Operations Manager at Twaweza

Assistant Operations Manager at Twaweza


Job Title: Assistant to the Operations Manager
Unit: Operations
Cluster: Services
Mandate: Regional
Salary Grade: 3
Reports to: Manager, Operations
Supervises: Usually none, except as assigned by the Supervisor
Location: Dar es Salaam, Tanzania


Overall Responsibility
You will support Operations Manager to effectively undertake his/her responsibilities and tasks
Specific Responsibilities
1. Work with HR Association to support Operations Manager on all HR matters.
2. Support Admin Officers on procurement and Asset when on leave and on other times as guided by the Operations Manager.
3. Support Operations Manager to ensure Operations unit functions and communicates effectively, including monthly bilaterals, progress dashboards and taking crisp, readable notes and minutes
4. Manage the Operations Manager schedule and workload; support the Operations Manager to be on top of his/her tasks and provide effective support to respective unit staff and beyond as necessary
5. Manage information and communication flow between Operations Manager and staff and external parties, including correspondence, telephone and visitors.
6. Support Operations Manager to prepare for relevant unit and bilateral meetings, as well as other meetings involving Operations Manager. To ensure all meetings are well organized and related documents finalized and sent on time.
7. Review and scrutinize key documents, contracts and unit reports reaching Operations Manager for quality, accuracy and compliance with policies and systems, and advise accordingly.
8. Draft letters and undertake basic correspondence on behalf of Operations Manager.
9. Systematically review compliance to policy and procedures at Twaweza and advise the Operations Manager.
10. Ensure files and documentation (physical and electronic) for Operations unit is well organized and completed.
11. Cooperate and coordinate with Operations unit to ensure effectiveness, efficiency, responsiveness and good humor in Operation’s team.
12. Advise and support Operations Manager on any other work related issues as needed.


General Responsibilities
1. Successfully implement above responsibilities and assigned activities in work plans and budgets, consistent with Twaweza Policies.
2. Contribute effectively to planning, monitoring, reporting and information dissemination of Twaweza’s
work.
3. Collaborate with Twaweza staff across units and countries in a spirit of mutual respect and cooperation to get things done.
4. Communicate your work through active use of internal platform (SalesForce), electronic calendar (Gcal) and being accessible on electronic chat (Skype) as per Twaweza requirements.
5. Participate actively in organization?wide learning and other joint activities.
6. Comply with and foster adherence to the established Twaweza values, policies, regulations,
guidelines and procedures.
7. Undertake any other lawful tasks as may be assigned by your Supervisor and/or Executive Director.


Core Qualifications
1. Advance Diploma/Bachelor degree in Human Resources or any related social sciences.
2. Three years experience related to Human Resources Management or Administration.
3. Strong interpersonal skills, and demonstrated team working qualities
4. Must be trustworthy, reliable and with corruption?free reputation
5. Very good writing and communication skills in English and Kiswahili with keen attention to detail.
6. Good basic knowledge of HRM and Administration.
7. Strong computer and typing skills and use of database and internet.
8. Excellent organizational, reporting and management skills.
9. Ability to be discreet and maintain confidentiality.
10. Very good time management skills.
Changes and Amendments:
This job description may be amended by Twaweza after consultation with the employee and the supervisor.
Application process:
To apply for this position, please submit your CV (max 4 pages) to jobs@twaweza.org, including a cover letter explaining your interests/motivations to work for Twaweza, and 2 samples of your written work and names of 3 referees, in MS Word or PDF file. In the subject of your email write your name, the position you are applying for and country
Deadline for the submission is 15th January 2017.

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Monday, February 13, 2017

Job at The Tanzanian Training Centre for International health TTCIH

Job at The Tanzanian Training Centre for International health TTCIH


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VACANCY POSITION:  EXECUTIVE DIRECTOR


Executive Director

Institution Overview
The Tanzanian Training Centre for International health (TTCIH) is a health training institution, established in 2006 under a public-private partnership between the Ministry of Health, Novartis Foundation and the Swiss Tropical and Public Health Institute. TTCIH aims at supporting the Tanzania government’s effort to strengthen human resource development. The TTCIH’s Board of Governors is now looking for a motivated, qualified and highly experienced candidate to fill the position of Executive Director. S/he will be preferably be based in Ifakara, Kilombero District, Tanzania.

Position Summary
The Executive Director is responsible to the Board of Governors, s/he has to ensure successful leadership and management of TTCIH according to the strategic direction set by the Board of Governors. S/he is the overseer of all TTCIH activities and ensures all business goals and objectives are achieved. S/he is the official spokesperson of TTCIH matters pertaining to day to day operations.

Duties and Responsibilities

  •  Provides executive leadership to the institution through the development and implementation of strategic and operational plans;
  • Responsible for driving the growth of TTCIH into a premier institution, through expansion of Course Offerings and increase in enrolments;
  • Oversees the implementation of strategies, systems and processes designed to ensure sound human resources  and financial management and the promotion of good order throughout the institution;
  • Directs development of policies, plans and programmes of TTCIH, based on a strategic overview of TTCIH and its environment to enable realization of its mission and vision;
  • Represents TTCIH internally and externally in order to promote awareness and understanding of TTCIH’s mission; vision, objectives, policies and programmes; 


Required Qualifications and Experience

  • Must have attained a PhD in the field of health;
  • Must have extensive knowledge and working experience in medical education system of not less than 10 years, of which 6 years must be at a senior management level;
  • A person possessing outstanding managerial and administrative competences;
  • A person with excellent record of scholarly, teaching, research, consultancy, publications and service to the public;
  • Ability to stimulate and encourage new ideas and developments through motivation and support for staff and students;
  • Ability to influence, persuade and build coalitions and networks.


Duration of the position
The term for the position is three years (renewable). Earliest possible entry is 1st April 2017.


Mode of application
Interested and suitably qualified individuals are invited to send their application letters with copies professional certificate, detailed CV and two names of reputable referees with their contacts not later than 15th January 2016 to:

Ms Hilda Sarapion
Human Resources Manager
Tanzanian Training Centre for International Health
P.O.BOX 39, Ifakara

Email: hilda.sarapioni@healthtrainingifakara.org

For all additional information on the TTCIH and the nature of the job please consult the website at: www.healthtrainingifakara.org

Only shortlisted candidates will be contacted.

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Sunday, February 12, 2017

AT T to Launch LTE M IoT Trial

AT T to Launch LTE M IoT Trial


source: Qualcomm
AT&T plans to pilot an LTE-M network in the San Francisco market starting in November 2016, followed by a full commercial launch in 2017.

LTE-M is a subset of the Long Term Evolution 4G network standard optimized for Internet of Things sensors requiring transmission speeds no greater than about 1 Mbps, as well as up-to-10-year battery life and ability to work underground.

source: Qualcomm
LTE-M technology is expected to connect a wide variety of IoT systems supporting smart utility meters, asset monitoring, vending machines, alarm systems, fleet, heavy equipment, mobile health and wearables.

Participants in the pilot include:
  • Badger Meter – analyze how the LTE-M network, which is dedicated to supporting the IoT, may be used to enhance communications for smart water devices.
  • CalAmp – explore how the LTE-M network can help companies more efficiently manage their connected vehicles and assets.
  • Capstone Metering – demonstrate how LTE-M can improve Smart Cities sensor technologies. It will look to increase battery life and improve connectivity and sensor monitoring for underground smart water meters.
  • PepsiCo – examine and test ways that sensors can improve the in-store experience with smart vending solutions for the thousands of PepsiCo products consumers love and enjoy.
  • Samsung – evaluate an LTE-M-based solution to enhance performance for consumer solutions. This may include wearables or other consumer devices.







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Friday, February 10, 2017

Five Nights at Freddys Sister Location v1 2 2 Apk Full

Five Nights at Freddys Sister Location v1 2 2 Apk Full


five-nights-at-freddys-sister-location


Description:


Welcome to the Pizza World of the Circus baby, where the fun of the family, and interactivity goes beyond anything youve ever seen those * other * places pizza! Now hiring: Technical late in the evening. Should enjoy tight spaces and being comfortable around machines active. We are not responsible for death or dismemberment.


Images:





Requires Android 4.0 or higher.


DOWNLOAD APK FULL


Not Available yet in the Playstore



DIRECT LINK BELOW:


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Tuesday, January 31, 2017

Hindi Protect Your Eyes From Blue Light From Phone Display at Night

Hindi Protect Your Eyes From Blue Light From Phone Display at Night



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Monday, January 30, 2017

ModPack At Bis Mania

ModPack At Bis Mania


Saya akan share ModPack Bis Mania for android. bagi yg suka bus wajib download ModPack ini guys :v


Screenshots


Fitur :
  • Scania
  • Po. Haryanto
  • Safari
  • Salju Star Bus
  • Rosalia indah
  • Royal Class Efisiensi
  • Subur Jaya
  • Opiun jaya agung
  • Agra mas
  • Bonus 3 motor Drag :
  • Vega R drag
  • Vario drag
  • Ninja Drag
  • + Skin Sweagger baju bis mania

Link Mod Pack :  DOWNLOAD

SS : DOWNLOAD

Link File Mentah : DOWNLOAD

JIKA ADA YANG INGIN DITANYAKAN BISA BERKOMENTAR DI KOLOM KOMENTAR DI BAWAH/ADD & FOLLOW SOSMED ADMIN :
 
Facebook : Khazin Nismo
Fanspage : Khazin-SHARE
Instagram : @khazin_14
Twitter : @khazin_14
Pin BBM : 5484868F
GABUNG GRUP : Khazin-SHARE GROUP INDONESIA
DOWNLOAD APLIKASI Khazin-SHARE, UNTUK MEMUDAHKAN MENGAKSES & MENDOWNLOAD DI Khazin-SHARE -[ DOWNLOAD ]-

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