Thursday, March 31, 2011


Paris Hilton, the heiress of hotels, has a unique ride. She is driving a Bentley and she parked it just in the streets so that many would notice it. Paris Hilton was going to the gym for her sessions. The pink car of Paris Hilton catches so many attention because of its unique color and the driver is Paris Hilton. Paris Hilton has so many unique things just like her headphone, bag and her attire. Paris Hilton likes pink for her things that she brings.

Beck: Iranian Regime Preparing for 12th Imam ??? Former Revolutionary Guard shares frightening video

Michele Bachmann on whether she'll throw her hat into presidential race

Wisconsin Teacher Charged With Sending Death Threats to GOP Lawmakers


A final goodbye to Brian W. Taylor, killed in Christchurch earthquake 22.02.2011

Yesterday the 31 st of March in Christchurch, over 1300 people turned up to farewell Brian Warrington Taylor who was killed when the Canterbury TV building collapsed on 22 February, 2011.

From talking to many people he was not only a wonderful and very close friend of mine for over 49 years, but a loving and helpful husband, father, brother, friend, teacher, scientist, coach and mentor to many.

You were fittingly farewelled yesterday Brian and I am just sorry I couldn't make it for the service, and for the rip-roaring wake that I am sure followed where all your old friends from your running days gathered to honour, and toast to your memory. My two daughters Aroha and Ruia represented me and were deeply moved by the service. This presentation below has helped me grieve and mourn for you Brian, I hope it will help others too.
Here is a comment from my daughter Aroha who attended the service:
Thank you for introducing me to Brian. He was very generous with his time and he always encouraged me to go beyond my best. Brian’s Funeral was truly amazing and he was described by many as positive, generous with his time, interested in people and passionate. A record of achievments was remarkable. He was very ambitious as are you Dad and it is both admirable and honorable. I know he will be greatly missed by many, the running group will continue to do so well and sure they will forever recall those words of positivity and encouragement as I will. An outstanding Man. May Gods peace & love comfort Prue and Brian’s loved ones.


Jennifer Lopez has a new album that will be released this coming May 23. The second tract is titled I'M into you featuring Lil Wayne. The upbeat song will surely be a big hit once the album LOVE will be in the record bars around the world. Jennifer Lopez has never faded until now. She has surely made her name part in the Hollywood music industry as one of the best performing artist.


Victoria Secret has just recently launched their swimsuit wear collection for 2011. The Victoria Secret models were very showy in their swim wears led by Adriana Lima, Alessandra Ambrosio and Candice Swanepoel. These girls can really make things hot this summer for Victoria Secret has successfully launched the swim wear edition. According to the spectators of the fashion launch, Victoria Secret has definitely made things possible with class in their swimsuit edition.

Palin Rumor Mill Turns Out April Fools Joke

Don't believe the hype. Sarah Palin, despite rumors to the contrary, won't be making a major announcement about her political future this Friday, sources tell Fox News.
They say the rumors she may announce a 2012 presidential run where just that -- rumors. One source, Meg Stapleton, Palin’s former spokeswoman, said that there would be no major announcement of any kind on Friday. Stapleton has remained in contact with the Palin family and also spoke with Tim Crawford, Palin’s chief fundraiser, about the rumor.
The rumor that Palin was going to appear on an Anchorage radio station at 7:30 a.m. local time to make a major announcement was first reported by the celebrity news website Hollywood Life and cited unnamed sources. It was repeated on the Huffington Post. 
The big news was supposedly going to be broken on KWHL’s “Bob and Mark In the Morning” show. The two hosts did nothing to shoot down the speculation.
Bob Lester, one of the hosts, responded to inquiries in an email saying he did not know what Palin would be talking about Friday. “We can only hope she announces something ‘Big,’” he wrote

But Todd says that Sarah Palin is not even going to be a guest on the show.
Palin, the 2008 GOP vice presidential nominee and a Fox News contributor, has said that if and when she does make an announcement about her future she would do it on the “Bob and Mark In the Morning” show, and she’s already been on the show several times. 
Stapleton says the hosts are more like "shock jocks" than newsmen, although Bob is described as a conservative who has been very good to Palin.
When asked about a timetable to announce her 2012 intentions, Palin has repeatedly said she is in no rush. April has traditionally been a busy month for candidates to throw their hats in the ring, but now we can safely put to rest any talk about the former Alaska governor making her

We have no clue at this point if Sarah will be on, or if she will make any type of announcement. Here is the link to the show, we suggest listen in; see what happens. The Bob and Mark show runs from 9:00 till 1:00 pm cst.

Read more:

Pro-life Watch Dog Group Says Senomyx Uses Cells from Abortions to Test Their Product

After pouring a total of 30 million dollars into research and development, the companies that have invested into Senomyx's products have been secretive about their involvement within the company. Some, like Kraft, have declined to divulge any specifics regarding their relationship with Senomyx, but instead stated that Kraft was committed "to reducing the sugar and salt levels in many products."

A relatively young company, Senomyx, is responsible for the sodium and sugar levels falling in your favorite grocery store item. How are they doing this without affecting the taste? They may be putting this chemical into your food without telling you. [1]

Senomyx masks bitter flavors by turning off bitter flavor receptors on the tongue and enhancing salty and sweet flavors. This would allow the companies to tout claims such as "less sugar" or "lower sodium" by reducing the actual sugar and/or salt by approximately half, but the foods will retain the same level of sweetness or saltiness when they touch the tongue by fooling your brain.[2]

Since Senomyx's flavor compounds will be used in small proportions, the company is able to bypass the lengthy F.D.A. approval process required to get food additives on the market. Getting the Flavor and Extract Manufacturers Association status of generally recognized as safe, it took Senomyx less than 18 months, including a 3-month safety study using rats. In contrast, the maker of the artificial sweetener Sucralose spent 11 years winning F.D.A. approval, and is required to list the ingredient on food labels.

Kraft, Nestlé, Coca-Cola, Campbell Soup and Solae have contracted with the biotechnology company Senomyx, for exclusive rights to use the ingredients in certain types of food and beverages. [3

The Children of God for Life claims that Senomyx is using HEK 293 – human embryonic kidney cells taken from an electively aborted baby to assist in producing this chemical that will turn off receptors. This pro-life watch dog group that has been monitoring the use of aborted fetal material in medical products and cosmetics for years. The watch dog group is calling on the public to boycott products of major food companies that are partnering with Senomyx, unless the company stops using aborted fetal cell lines to test their products.  
The spokesman for Children of God for Life stated, “They could have easily chosen COS (monkey) cells, Chinese Hamster Ovary cells, insect cells or other morally obtained human cells expressing the G protein for taste receptors,” Vinnedge added.

In writing to their collaborators, Nestlé finally admitted the truth about their relationship with Senomyx, noting the cell line was “well established in scientific research".[4]

Since a pro-life group announced that a biotech firm, Senomyx, is using aborted fetal cell lines to test their artificial flavor enhancers, two companies have announced they have disaffiliated with the firm. Within hours of its press statement to, the pro-life group received notice from Campbell Soup has severed its ties with Senomyx. Solae, LLC, indicates it, too, has severed its ties with the controversial biotech firm. [5]

A new Kat is born, while WIPO clamps down on dissident IP weblogs

tytoc collie is pleased to announce the appointment of a seventh member of its team, and a very special member he is too. Now that the formal approval of the World Intellectual Property Organization (WIPO) Coordination Committee has been obtained, following an out-of-cycle meeting that was convened late last month, the path has been cleared for the organisation's Director-General Dr Francis Gurry to assume the mantle of the GurryKat.

The Doc, as WIPO
Director General ...
The terms under which Francis has been permitted to contribute to this weblog are strictly circumscribed: he may not comment on specific provisions of national law of WIPO Member States; nor may he discuss (i) matters which are the subject of review by the organisation’s Standing Committees, (ii) topics that have been placed on the Agenda of the General Assembly or (iii) any matter that properly falls within the scope of the organization’s Development Agenda. Francis has however been given the go-ahead to post items relating to the provision of mediation and dispute resolution services, the value of intellectual property rights in social, cultural and economic dialogue between nations and the aspirational role played by intellectual property in incentivizing the next generation of young creators.

... and as readers of this blog
will meet him
Prima facie it seems surprising that the Director General of a United Nations agency should be prepared to expose his thoughts to the robust forum of thought which is the intellectual property blogosphere. In retrospect, however, one can see why Dr Gurry would have agreed. While he is a career diplomat who respects the rules and conventions which that role demands, those close to his office say that he has in recent months been seen to have been showing signs of being a visionary in his field, a role that is difficult to fulfill within what tytoc collie and Merpel would regard as the chafing confines and stifling etiquette of the diplomatic environment in which he dicharges his official functions.

Geneva-based journalist, international institution expert and WIPO-watcher Chad R. Bocks, a keen observer of diplomatic trends, has reacted by confessing to “giddy anticipation” over the news of Gurry’s appointment. “When they take the step of letting an inventive visionary of Dr Gurry’s calibre stretch his intellectual wings, we will all finally understand the patent’s true place in the universe. He’s an industrious thinker, but don’t expect a novel,” he said. “Now that’s letting the spiritual leader of the creative industries get creative!”

In a presumably unrelated development, the WIPO Council has approved in outline the establishment of a two-tier “watch-list”: there would be an “A-List” of intellectual property weblogs which are considered to be potentially harmful to the intellectual property environment and a “B-List” of those which are seen as being positively detrimental to the aims and objectives of rights protection.

Weblogs on the “A-List” will be monitored by a panel of peers for signs of deviation from the generally agreed norms of intellectual property blogging. Egregious breaches of these norms will be met by the issue of a warning notice. Under a proposed “three strikes” policy, any blog receiving three such warnings will be transferred to the “B-List”. It is intended that weblogs placed on the “B-List” may only be accessed by clicking through a front page which carries an IP “health warning” that its contents are contrary to good intellectual property policy and morals. If there is any further infraction, the weblog will be taken down and the blogmeister will be ordered to undergo an initial six-month period of rehabilitation in which he will be required to read a prescribed list of corrective materials which reportedly will include all publications that emanate from the WIPO Press Room.

In response to a request for further information made by William New of the excellent and ever-reliable Intellectual Property Watch, which is based locally in Geneva, a spokesperson --who asked not to be identified by name --  explained that neither list has yet been ratified, but possible blogs for inclusion on the “A-List” include Howard Knopf’s Excess Copyright, which is known to have targeted the much-admired United States ‘301 reports’, Gene Quinn’s IP Watchdog (for shameless self-promotion) and Marty Schwimmer’s Trademark Blog for persistently applying humour to serious issues and vice versa.  Favourites for inclusion on the “B-List” are the Lessig Blog, which is generally held responsible for undermining copyright values among impressionable young readers and remains visible nearly two years after its author went into hibernation, Against Monopoly, for allegedly defending the right to innovate, and the IPKat for its persistent criticisms of WIPO’s failure to protect the rights in its own logo [“surely some mistake!”, whimpers Merpel].  Implementation of these proposals may be accelerated to ensure that they govern blogposts from the GurryKat, who has affirmed his willingness to be bound by WIPO's weblog protocol.

For further particulars of these WIPO-related developments, click here

Are we ready for Baby Googles?

In "Minnow Microsoft v the Google Giant", posted on the BBC website today, Rory Cellan-Jones writes on the competition-based complaint lodged by Microsoft with the European Commission. He explains:
"It's a familiar story - a scrappy little underdog launches a competition complaint in Brussels about the giant that dominates its industry. Ten years ago it would have been Netscape accusing Microsoft of abusing its monopoly power - today it's Microsoft charging Google with the same crime.

Microsoft's first ever competition complaint is not just a wonderfully ironic turn of events, it's a measure of how the balance of power on the web has shifted. A decade ago control of the desktop and what applications lived on it was still all important - now it's the control of search which delivers huge power and billions of advertising dollars to Google.

... Microsoft is determined that its Bing search engine should make serious headway. In Europe at least, that's not happening. According to Microsoft, Google has 95% of the search market. Now it claims that Google is using its power unfairly to maintain that dominance. Its complaint - which as Google points out is just an addition to an existing antitrust case in which a Microsoft subsidiary was already a complainant - is that the search company is putting walls around content that rivals need if they are to compete.

In a long blog post, Microsoft's chief legal counsel Brad Smith outlines a series of areas where he says Google is impeding competition. He claims that it's very difficult, for example, for rivals to get proper access to YouTube - owned by Google - for their search results.

He points to the Google Books plan - blocked by a US court last week - as another case where any other search engine will get poor access to valuable content, in this case millions of books.

And he says that Google uses its business relationship with leading websites to block them from installing competing search boxes on their sites. ..."
This member of tytoc collie team is not surprised.  He has been telling his friends for the past four years that the only thing that can stop Google taking over the world, if people want to stop it doing so, is to focus on its crushingly powerful market position.  It is effectively impossible for any other business to compete with the combination of forces -- Google Book, Chrome, YouYube, AdWord and AdSense -- which together will inexorably drive so much individualised information into its marketing and advertising facilities that no other electronic or printed media will be remotely able to provide value for the money advertisers are prepared to spend in marketing their goods and services.

Is there a solution? It has always been axiomatic in European competition terms that the existence of a dominant position in a marketplace is not harmful unless it is abusive, but Google is so ominpowerful and omnipresent, and is such an essential facility for all traders in all markets at all times, that there is no way to deal with it other than by breaking it up into lots of Baby Googles that will be forced to compete with one another, by analogy with the Baby Bells and Standard Oil.

Goo-Goo Baby here

Japan's Nuclear Rescuers: 'Inevitable Some of Them May Die Within Weeks'

Workers at the disaster-stricken Fukushima nuclear plant in Japan say they expect to die from radiation sickness as a result of their efforts to bring the reactors under control, the mother of one of the men tells Fox News.
The so-called Fukushima 50, the team of brave plant workers struggling to prevent a meltdown to four reactors critically damaged by the March 11 earthquake and tsunami, are being repeatedly exposed to dangerously high radioactive levels as they attempt to bring vital cooling systems back online.
Speaking tearfully through an interpreter by phone, the mother of a 32-year-old worker said: “My son and his colleagues have discussed it at length and they have committed themselves to die if necessary to save the nation.
“He told me they have accepted they will all probably die from radiation sickness in the short term or cancer in the long-term.”
The woman spoke to Fox News on the condition of anonymity because, she said, plant workers had been asked by management not to communicate with the media or share details with family members in order to minimize public panic.

She could not confirm if her son or other workers were already suffering from radiation sickness. But she added: “They have concluded between themselves that it is inevitable some of them may die within weeks or months. They know it is impossible for them not to have been exposed to lethal doses of radiation.”
The plant operator, Tokyo Electric Power Co. (or TEPCO), says medical teams conduct regular testing on the restoration workers for signs of contamination-related illness. It claims there have been no further cases following the three workers who were treated last week after coming into direct contact with radioactive water. There are no reports of new members of the Fukushima 50 developing radiation sickness.
Although two suffered radiation burns to their legs and ankles and absorbed radiation internally, they have since been released from the hospital and are regularly being checked for signs of any deterioration in their condition, says TEPCO.
The company has pledged to improve the tough conditions for workers who stay on the site due to the short turnaround of shifts on safety grounds.
Some restorers directly tackling the problems with the fuel rod containment chambers are limited to 15 minutes at a time inside the reactor buildings or working near highly radioactive substances, including traces of plutonium that have appeared at numerous locations within the plant complex.
Living conditions for the hundreds of employees staying within the plant’s perimeter to support the restoration efforts are also equally as hazardous, say the authorities.
Banri Kaieda, the interior minister who also acts as a deputy head of the nuclear disaster task force jointly set up by the government and TEPCO, said 500 to 600 people were at one point lodging in a building within the complex. He told a media conference it was “not a situation in which minimum sleep and food could be ensured.”
Japan’s Nuclear and Industrial Safety Agency says that workers were only eating two basic meals of crackers and dried rice a day, and sleeping in conference rooms and hallways in the building.
According to Kaieda, not all of the workers had apparently been provided with lead sheeting to shield themselves from potentially radiation-contaminated floors while sleeping.
“My son has been sleeping on a desk because he is afraid to lie on the floor. But they say high radioactivity is everywhere and I think this will not save him,” said the mother of the worker who spoke to Fox News.
Meanwhile, bad weather has delayed TEPCO's plans to limit the spread of radiation from the plant. It has intended to spray a water-soluble resin to affix radioactive particles and substances to the debris sent scattered across the devastated complex to prevent it from being dispersed by wind and moisture. 
It will now attempt on Friday test the synthetic solution using remote control vehicles to spray an area of 95,000 square yards at reactors four and six. The company hopes the resin will provide sufficient protection to allow restoration workers better access to areas critical to restoring the reactors' cooling systems to prevent a meltdown.
Growing pools of dangerously radioactive water and deposits of plutonium have been inhibiting access to important parts of the plant.
A large sea tanker is also being prepared to siphon and ship the water from the plant after it was discovered that run-off containers and drainage tanks were almost full at three of the most critical reactors.
The government says it has yet to be decided where they will dispose of that water.

Read more:

Girl Cat Fight Caught on Video: 'Teen Mom' Assault Victim Presses Charges

France ousted adviser on diversity, says the president's conservative party "plague of Muslims"

Plague of Muslims ~ Sarkozy has place curbs on immigration ~ respectfully you now must ~ have a job before you can marry and bring a cousin from the Islamic world [whose paying for this?] ~ you must now show or demonstrate that you want to be a part of France ~ so that a passport is not automatically given ~ but after a probationary period of some 8 years ~ the new immigrant must show that they want to be a part of French life ~ if not bye bye [no Islamic state], burqas have been banned [that's your religion, others shouldn't have to follow it and so it should not be imposed on them].

It is time for Muslims to pull their weight ~ if you want to live in the modern world ~ this is the modern world. Most French Muslims are from Algeria or Morocco ~ if you don't like modernity ~ rights and freedoms and so on ~ go back across the Mediterranean.

PARIS – French President Nicolas Sarkozy's ousted adviser on diversity says the president's conservative party is the "plague of Muslims."

Abderrahmane Dahmane was fired last month, in part for criticizing an upcoming debate on secularism and Islam organized by Sarkozy's UMP party.

Prime Minister Francois Fillon said Thursday he won't take part in the debate, which has drawn widespread criticism.

Dahmane told The Associated Press on Thursday that he wants to engage the Muslim community against the UMP and its leader, Jean-Francois Cope.

Dahmane has urged French Muslims to gather in front of the UMP headquarters to protest the debate next Tuesday.

He and other critics have said the UMP party is not the right forum for such a debate.

Fox News

Bill Bennet: Tap dancing around radical Islam? ~ Video

In his new book "The Fight of Our Lives," Bill Bennett says Americans are tip-toeing around the issue of radial Islam.

Geert Wilders steps up anti-Islam rhetoric, calls Prophet 'paedophile and a rapist' ~ but there is no law against it

Right-wing Dutch MP Geert Wilders

Muhammad sent Khalid Ibn al-Walid to the tribe of the children of Haritha and told him: "Call them to accept Islam before you fight with them. If they respond, accept that from them, but if they refuse, fight them." Khalid told them: "Accept Islam and spare your life." They entered Islam by force. He brought them to Muhammad. Muhammad said to them: "Had you not accepted Islam I would have cast your heads under your feet"

:: ::

Some of the Companions of the Apostle of Allah (may peace be upon him) were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers. So Allah, the Exalted, sent down the Qur’anic verse: (Sura 4:24) "And all married women (are forbidden) unto you save those (captives) whom your right hands possess." (Abu Dawud 2150, also Muslim 3433)

One of the main problems with islam in Europe was the effort ~ to elevate it ~ to make it a part of the legal structure of EU countries. To better or more quickly integrate Muslims some on the Left [mainly] thought it was an easy solution. To accomplish this ~ anyone who objected to the abolition or erosion of rights and freedoms ~ was called a racist. Hence the backlash. The mass shift to the right in politics and so on.

If you are going to change the laws so dramatically ~ to where ~ Muslims would be given priority under the law ~ as is in every Muslims country under Shari'a laws ~ then the people should be involved ~ not the few self elected ~ deemed qualified or worthy to deal with such matters.

Further to follow the Shari'a is the follow the Prophet ~ whose life is off limits to question and examination. For Muslims all of Muhammad's deeds must have been god's will ~ but to expect everyone else to believe this is a violation of religious freedoms. And not to cause offence ~ it is obvious some are willing to cross that line.

Freedom of religion and policing for Islam are contradictory.

The leader of hard-Right Dutch Freedom Party will be prosecuted in an Amsterdam court on April 13 for previous comparisons of Islam to Nazism.

On Thursday he fuelled the controversy surrounding his anti-Muslim politics and trial by publishing an article citing academics who accuse Islam's founder of crimes ranging from child rape to murder.

"The historical Mohammad was the savage leader of a gang of robbers from Medina. Without scruples they looted, raped and murdered," Mr Wilders claimed in the Dutch magazine HP/De Tijd.

In the article, Mr Wilders, whose Freedom Party MPs control the balance of power in the Dutch parliament, attacked fines levied on an Austrian feminist "for insulting a religion by calling Mohammad a paedophile".

"However, that is the truth," he wrote, citing the Muslim prophet's consummation of a marriage to a wife who claimed she was a child aged nine at the time.

Mr Wilders, who lives under police protection following attempts by Islamist terrorists on his life, hypothesised that Mohammad suffered from a brain tumour causing the "paranoid schizophrenia" that led him to found the Muslim faith.

"Mohammad had an unhinged paranoid personality with an inferiority complex and megalomaniac tendencies. In his forties he starts having visions that lead him to believe he has a cosmic mission, and there is no stopping him," he wrote.

In a ruling on Wednesday, an Amsterdam court ruled that Dutch prosecutors were entitled to indict Mr Wilders, if found guilty, he could face up to a year in jail or a £6,700 fine.


Rep. Jim McDermott-{WA. 7th}: "Government Will Decide Your Health Care."

Hey Washington State, 7th District: After watching this, kindly answer the following questions. Ya all down on having the Government make your health care decisions? Were you lied to when Obama and his followers told ya, "You'll decide, not the Government; your health care decisions." Ya all up there had enough yet..??

Curia and curiouser: law reports, authenticity and the Court of Justice

It's time for to leave Wonderland
and enter the real world
Taking a stroll along the cyber-highway this afternoon, tytoc collie chanced upon this little gem from the Curia website of the Court of Justice of the European Union:

"Disclaimer and warning

The texts and information contained in the Court's internet site are available free of charge for the purposes of public information.

The texts of the judgments, orders, Opinions and notices present on the site are subject to amendment; only the versions published in the "Reports of Cases before the Court of Justice and the Court of First Instance" or the "Official Journal of the European Union" are authentic [That is so unhelpful.  It takes an astonishingly long time to turn a piece of text which is good enough to post online into a printed document.  In last week's ruling of the ECJ in Case C-552/09 P Ferrero the court referred to two of its earlier decisions, C-398/07 P and C-57/08 P, decided on 7 May 2009 and 11 December 2008 respectively -- and both still unreported].

The information and texts available on this site may be reproduced provided the source is acknowledged [How must this be acknowledged? Is a direct hyperlink sufficient, or is there a preferred format for online and printed reproductions?]. Readers should be aware that certain parts of such information and texts might be protected under intellectual property law, in particular by copyright [Readers should also be aware that the fact that accessed material may be protected by IPR, and in particular copyright, does not mean that any unauthorised use constitutes an infringement of any such rights].
Links to the pages on this site are permitted provided that:

- the browser window does not contain any information other than that of the page of the present site to which the link is made and its address; [tytoc collie is happy to oblige, but Merpel can't help wondering as to what provisions of European Union or national law Curia might wish to evoke if this condition was not fulfilled]

- none of the information provided on this site is modified [Hmm, sniffs Merpel, it does say earlier that the site's contents are "subject to amendment", but it doesn't say by whom!]".
This member of the IPKat team lives in the present, and considers that life's too short to wait years and years for the printed versions of ECJ and General Court rulings.  Since the courts themselves are content to rely on the non-authentic versions which they continue to cite, we shouldn't lose too much sleep over it either. 

Merpel adds, material published in the Official Journal of the European Union might be authentic and only a month or two behind the actual rulings, but on the whole it's useless for any legal purposes.  An example taken at random is the official and presumably authentic note of a General Court decision from 11 February 2011, published online in the Official Journal on 24 March here:
Judgment of the General Court of 15 February 2011 — Yorma's v OHIM — Norma Lebensmittelfilialbetrieb (YORMA’S)

(Case T-213/09) ( 1 )

(Community trade mark — Opposition proceedings — Application for the Community figurative mark including the word element ‘yorma’s’ — Earlier Community word mark NORMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

(2011/C 95/11)

Language of the case: German


Applicant: Yorma’s AG (Deggendorf, Germany) (represented by: A. Weiß, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Norma Lebensmittelfilialbetrieb GmbH & Co. KG (Nuremberg, Germany) (represented by: A. von Welser, lawyer)


Action brought against the decision of the First Board of Appeal of OHIM of 20 February 2009 (Case R 1879/2007-1), concerning opposition proceedings between Norma Lebensmittelfilialbetrieb GmbH & Co. KG and Yorma’s AG

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Yorma’s AG to pay the costs.
There's no clue as to what the basis for the decision is, yet it's that which might tempt someone to look at the decision in the first place.  There's no link to the decision against which the appeal is made, and which will contain (i) the facts, (ii) the arguments and (iii) an illustration of the figurative mark -- all of which are more important for the reader than the padded pomposity of the defendant's full name ("Office for Harmonisation in the Internal Market (Trade Marks and Designs)") -- a name by which this Kat has never heard any of its employees refer to it in conversation.

It's 2011 and we're in a different world from 1952, when the Official Journal's most distant predecessor was first published -- yet series remains obstinately unchanged.  Let's have some joined-up thinking between the Curia and the Commission as to what functionality its official publications should have, what its users' interests are, and what are the trade-offs when trying to achieve the right balance of speed, accessibility, reliability and that great proportionaliser, cost.