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Killexams : SCO OPENSERVER(TM) benefits - BingNews https://killexams.com/pass4sure/exam-detail/090-554 Search results Killexams : SCO OPENSERVER(TM) benefits - BingNews https://killexams.com/pass4sure/exam-detail/090-554 https://killexams.com/exam_list/SCO Killexams : Massage Therapy Styles and Health Benefits

Massage therapy is a form of manual therapy that involves moving soft tissues in the body to reduce stress, ease muscle tension, and promote relaxation and overall well-being. It is a hands-on technique performed by trained massage therapists.

Massage has been practiced for thousands of years. Today, if you need a massage, you can choose from about 80 massage therapy styles with a wide variety of pressures, movements, and techniques. These all involve pressing, rubbing, or manipulating muscles and other soft tissues with hands and fingers. Sometimes, even forearms, elbows, or feet are used.

According to the American Massage Therapy Association, approximately 21% of Americans had some form of massage in 2020. And they have a wide range of reasons for doing so. More and more people, especially baby boomers, recognize the health benefits of massage. They choose among many massage styles to get relief from symptoms or heal injuries, help with certain health conditions, and promote overall wellness.

Here is some information you can use to help you decide what types of massage will work best for you.

You may have noticed that different massage styles are popular at different times. And you may have wondered whether each was just part of a passing fad or the latest, greatest massage technique. An even more important question is how to tell whether the latest style will actually help you.

Styles used in massage therapy range from long, smooth strokes to short, percussive strokes. Some massage therapists use oils and lotions, others do not. Most massage therapists have clients unclothe for a massage, but some do not. A massage can last anywhere from 5 minutes to 2 hours.

Before you can decide which massage style is best for you, you need to ask yourself a question. Do you simply want a massage for relaxation and stress control? Or do you need symptom relief or help with a certain health condition? Before booking a massage, let the therapist know what you're looking for and ask which style the therapist uses. Many use more than one style. The therapist may customize your massage, depending on your age, condition, or any special needs or goals you have.

What follows is a list of some of the more popular massage therapy styles.

Swedish massage

The most common type of massage is Swedish massage therapy. It involves soft, long, kneading strokes, as well as light, rhythmic, tapping strokes, on topmost layers of muscles. This is also combined with the movement of joints. By relieving muscle tension, Swedish therapy can be both relaxing and energizing. And it may even help after an injury.

Four common strokes of Swedish massage are:

  • Effleurage: a smooth, gliding stroke used to relax soft tissue
  • Petrissage: the squeezing, rolling, or kneading that follows effleurage
  • Friction: deep, circular movements that cause layers of tissue to rub against each other, helping to increase blood flow and break down scar tissue
  • Tapotement: a short, alternating tap done with cupped hands, fingers, or the edge of the hand

Deep tissue massage

Deep tissue massage is best for giving attention to certain painful, stiff "trouble spots" in your body. The massage therapist uses slow, deliberate strokes that focus pressure on layers of muscles, tendons, or other tissues deep under your skin. Though less rhythmic than other types of massage, deep tissue massage may be therapeutic, relieving chronic patterns of tension and helping with muscle injuries, such as back sprains.

Sports massage

Developed to help with muscle systems used for a particular sport, sports massage uses a variety of approaches to help athletes in trainingbefore, during, or after sports events. You might use it to promote flexibility and help prevent injuries. It may also help relieve muscle strains and speed up healing after a sports injury.

Chair massage

Have you ever gone to a county fair, music festival, or conference and envied other people getting chair massages? Or have you ever passed by the chair massage section in an airport? Or maybe you're lucky enough to work at a company that offers 15- to 20-minute massages as a regular benefit. Chair massages are done while you're seated fully clothed in a portable, specially designed chair. They usually involve a massage of your neck, shoulders, back, arms, and hands.

Shiatsu massage

In Japanese, shiatsu means finger pressure. For shiatsu massage, the therapist uses varied, rhythmic pressure on certain precise points of the body. These points are called acupressure points, and they are believed to be important for the flow of the body's vital energy, called chi. Proponents say shiatsu massage can help relieve blockages at these acupressure points.

Thai massage

During a Thai massage, the therapist uses their body to move the client into a variety of positions. This type of massage includes compression of muscles, mobilization of joints, and acupressure.

Lymphatic drainage massage

A lymphatic drainage massage is a gentle massage of your tissues designed to help increase the circulation of lymph fluids in your body. Lymph is a protein-rich fluid that moves throughout your body in lymph vessels. It scoops up things like bacteria, viruses, and waste and carries them to your lymph nodes. Your lymph nodes then filter the fluid to get the impurities out of your body. The massage is usually done with light pressure with gentle, long strokes along the skin to increase the movement of lymph through your system.

Hot stone massage

For this kind of massage, the therapist places warmed stones on certain areas of the body, such as acupressure points. The stones may be used as massage tools or temporarily left in place. Used along with other massage techniques, hot stones can be quite soothing and relaxing as they transmit heat deep into the body.


Reflexology uses hand, thumb, and finger techniques to stimulate certain areas of the feet. These areas are believed to correspond to different parts of the body. The massage, then, is expected to promote health and well-being.

Pregnancy massage

During pregnancy, your body goes through major changes. Pregnancy massage can help with these changes by reducing stress, decreasing arm and leg swelling, and relieving muscle and joint pain. Massage may be particularly helpful during a time when medication and other medical options may be more limited. Using specially designed massage pillows, the massage therapist will help you get into a comfortable position for this type of massage.

Cranial sacral massage

This practice is mostly used to treat headaches, migraines, neck and back pain, stress-related disorders, temporomandibular joint (TMJ) dysfunction, and certain neurological conditions. During a cranial sacral massage session, a trained therapist uses light touch and subtle movements to assess and address any imbalances or restrictions in the craniosacral system. The craniosacral system includes the membranes and cerebrospinal fluid that surround and protect the brain and spinal cord.

Trigger point massage

During a trigger point massage session, a trained therapist applies pressure directly to the identified trigger points to help release tension and get rid of pain. The pressure can vary in intensity, and the therapist may use their fingers, knuckles, elbows, or other tools to target the specific areas effectively. The trigger point massage aims to encourage the release of the contracted muscle fibers, Excellerate blood flow to the affected area, and promote relaxation of the muscles.

Myofascial release

Your fascia is a connected web of tissues that supports your muscles, bones, organs, and other structures within the body. During a myofascial release session, a trained therapist uses gentle pressure on specific areas of the body to release tightness within the fascial system. The therapist may use their hands, fingers, elbows, or specialized tools to apply pressure and stretch the fascia in a way that encourages it to return to a more relaxed state.

Many types of massage offer benefits beyond simple relaxation. Here are just a few of the health problems that may benefit from massage. However, ask your doctor before using massage for any health condition.

  • Sleep
  • Immune function
  • Constipation
  • Anxiety
  • Digestive disorders
  • Nerve pain
  • Postoperative care
  • Scar tissue
  • Soft tissue strains and injuries
  • Sports injuries
  • Temporomandibular joint (TMJ) disorders

Massage therapy and pain

  • Back pain. More than one study has shown the effectiveness of massage therapy for back pain
  • Headache. Another type of pain, headache , also responds to massage therapy. Some studies suggest that massage therapy can Excellerate sleep and reduce the number of migraines a person has.
  • Osteoarthritis. In the first clinical trial looking at the effectiveness of Swedish massage for knee osteoarthritis, participants who received a one-hour massage either one or two times a week had improvements in pain, stiffness, and function. The control group had no such change.
  • Fibromyalgia. Studies show that over a course of 5 weeks, massage therapy can Excellerate symptoms such as pain, anxiety, and depression.

Massage therapy and cancer

  • Cancer. Massage therapy is used as a complement to traditional, Western medicine and can promote relaxation and reduce cancer symptoms or side effects of treatment. It may help reduce pain, swelling, fatigue, nausea, or depression and Excellerate the function of your immune system. However, there are specific areas that a massage therapist should avoid in a cancer patient, as well as times when massage should be avoided altogether. Talk to your doctor before getting massage therapy if you have cancer.

Massage therapy and HIV/AIDS

  • HIV/AIDS. Research suggests that massage therapy may help Excellerate the quality of life and treat the anxiety and depression that people with HIV or AIDS go through.

Massage therapy and mental health 

  • Depression. A review of 17 clinical trials found that massage therapy may help reduce depression. But for generalized anxiety disorder, it was no more effective than providing a calming environment and deep breathing exercises.

There seems to be a low amount of risk associated with massage therapy. But there have been rare reports of serious side effects, such as a nerve injury, blood clot, or bone fracture. The reported cases of side effects are sometimes associated with more intensive types such as deep tissue massage, or they involve patients who might be at increased risk of injury, such as older people.

When looking for a massage therapist, treat it as looking for any other type of medical professional. First, define your goals. Determine what type of massage you're looking for so you can narrow down your search. Ask for recommendations from friends and family. If your inner circle doesn't have a trusted massage therapist they rely on, expand your search online. Check online directories that include reviews. Once you've set your sights on a few professionals, research their credentials. Make sure they are licensed and registered to work in your area. Then, find out what they charge and if that is in your budget. After you have Verified that this person seems like a good fit and works in an area that is within a reasonable distance from you, set up a consultation so you can meet them and discuss your concerns. After you have met them, trust your gut on whether this person seems like someone you can trust with your well-being.

Massage therapy is a type of treatment that involves moving the soft tissues in your body to achieve relaxation and overall well-being. There are many types of massage therapy that are done by licensed professionals ranging from hot stone massages to specialty treatments for when you're pregnant. Massage therapy is proven to Excellerate several health conditions. If you think massage therapy is right for you, look into finding the right therapist who specializes in the treatment that will be best for you.

  • What is the difference between massage therapy and therapeutic massage?

Massage therapy includes a wide range of massages aimed at relaxation and general well-being, while therapeutic massage refers to massage sessions that are specifically designed to address and Excellerate specific health conditions or issues.

  • What is the difference between bodywork and massage therapy?

    Massage therapy is a specific form of bodywork that focuses on manipulating soft tissues through various massage techniques. Bodywork is a more general term that includes a wider range of therapeutic practices, of which massage therapy is one of the many approaches.

  • What is the average cost of massage therapy?

The average cost of massage therapy varies depending on your location, the setting, and the type of therapy, but the national average cost is $60 per hour.

  • What is the difference between medical massage and massage therapy?

Massage therapy is a more general practice focused on relaxation and overall well-being. On the other hand, medical massage is a targeted, outcome-based approach designed to address specific health conditions and injuries under the guidance of health care professionals.

  • Is massage therapy covered by insurance?

Massage therapy can sometimes be covered by insurance, particularly if it is prescribed by a doctor.

Tue, 01 Aug 2023 12:00:00 -0500 en text/html https://www.webmd.com/balance/massage-therapy-styles-and-health-benefits
Killexams : The benefits of transcendental meditation No result found, try new keyword!Brought to the West by Maharishi Mahesh Yogi, transcendental meditation is a mantra-based ... we will take a look at some of the science-backed benefits you can expect to reap from it. Thu, 01 Sep 2022 12:16:00 -0500 en-us text/html https://www.msn.com/ Killexams : Installing Linux Like It’s 1989

A common example of the sheer amount of computing power available to almost anyone today is comparing a smartphone to the Apollo guidance computer. This classic computer was the first to use integrated circuits so it’s fairly obvious that most modern technology would be orders of magnitude more powerful, but we don’t need to go back to the 1960s to see this disparity. Simply going back to 1989 and getting a Compaq laptop from that era running again, while using a Raspberry Pi Zero to help it along, illustrates this point well enough.

[befinitiv] was able to get a Raspberry Pi installed inside of the original computer case, and didn’t simply connect the original keyboard and display and then call it a completed build. The original 286 processor is connected to the Pi with a serial link, so both devices can communicate with each other. Booting up the computer into DOS and running a small piece of software allows the computer into a Linux terminal emulator hosted on the Raspberry Pi. The terminal can be exited and the computer will return back to its original DOS setup. This also helps to bypass the floppy disk drive for transferring files to the 286 as well, since files can be retrieved wirelessly on the Pi and then sent to the 286.

This is quite an interesting mashup of new and old technology, and with the Pi being around two orders of magnitude more powerful than the 286 and wedged into vacant space inside the original case, [befinitiv] points out that this amalgamation of computers is “borderline useful”. It’s certainly an upgrade for the Compaq, and for others attempting to get ancient hardware on the internet, don’t forget that you can always use hardware like this to access Hackaday’s retro site.

Sun, 20 Aug 2023 12:00:00 -0500 Bryan Cockfield en-US text/html https://hackaday.com/2021/06/30/installing-linux-like-its-1989/
Killexams : Acoustic Coupler Gets You Online Through Any Desk Phone

Up until the mid-1980s, connecting a computer to a phone line was tricky: many phone companies didn’t allow the connection of unlicensed equipment to their network, and even if they did, you might still find yourself blocked by a lack of standardized connectors. A simple workaround for all this was an acoustic coupler, a device that played your modem’s sounds directly into a phone’s receiver without any electrical connection. Modem speeds were slow anyway, so the limited bandwidth inherent in such a system was not much of a problem.

Nowadays it’s easier to find an internet connection than a phone line in many places, but if you’re stuck in an ancient hotel in the middle of nowhere you might just find [GusGorman]’s modern take on the acoustic coupler useful. The basic design is quite simple: it’s a 3D-printed box with two cups that fit a typical phone handset and a space to put a USB speaker and microphone. Thanks to minimodem it’s easy to set up a connection with any other computer equipped with a phone connection.

The maximum speed achievable with this setup is between 100 and 300 bits per second, so using it for anything more than text-based messaging is pretty much impossible. [Gus] therefore also designed a simple BBS-like system that can be used to acces things like weather reports and cryptocurrency wallet information. Thanks to VoIP, the server doesn’t need a physical phone line and could even be running on a cloud computing service.

The BBS system is quite limited as of now, but can easily be adapted to interface with any kind of online service. We’ve seen a similar setup in a teletype that queries Wolfram Alpha, for example. Although acoustic couplers have been obsolete for decades, they still sometimes come in handy for circumventing internet censorship.

Mon, 21 Aug 2023 12:00:00 -0500 Robin Kearey en-US text/html https://hackaday.com/2022/12/30/acoustic-coupler-gets-you-online-through-any-desk-phone/
Killexams : Overview of Trademark Law Killexams : Overview of Trademark Law 1. What is a trademark?


What sources of law govern trademarks?


What prerequisites must a mark satisfy in order to serve as a trademark?


How do you acquire rights in a trademark?


What does it mean to register a trademark?


Can trademark rights be lost?


What constitutes trademark infringement?


What constitutes trademark dilution?


What other potential causes of action are there?


What defenses are there to trademark infringement or dilution?


What remedies are there for trademark infringement or dilution?


List of additional on-line sources

1. What is a trademark?

A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. 15 U.S.C. � 1127. For example, the trademark "Nike," along with the Nike "swoosh," identify the shoes made by Nike and distinguish them from shoes made by other companies (e.g. Reebok or Adidas). Similarly, the trademark "Coca-Cola" distinguishes the brown-colored soda water of one particular manufacturer from the brown-colored soda of another (e.g. Pepsi). When such marks are used to identify services (e.g. "Jiffy Lube") rather than products, they are called service marks, although they are generally treated just the same as trademarks.

Under some circumstances, trademark protection can extend beyond words, symbols, and phrases to include other aspects of a product, such as its color or its packaging. For example, the pink color of Owens-Corning fiberglass insulation or the unique shape of a Coca-Cola bottle might serve as identifying features. Such features fall generally under the term "trade dress," and may be protected if consumers associate that feature with a particular manufacturer rather than the product in general. However, such features will not be protected if they confer any sort of functional or competitive advantage. So, for example, a manufacturer cannot lock up the use of a particular unique bottle shape if that shape confers some sort of functional advantage (e.g. is easier to stack or easier to grip). Qualitex Co. v. Jacobson Products Co., Inc., 115 S. Ct. 1300 (1995).

Trademarks make it easier for consumers to quickly identify the source of a given good. Instead of practicing the fine print on a can of cola, consumers can look for the Coca-Cola trademark. Instead of asking a store clerk who made a certain athletic shoe, consumers can look for particular identifying symbols, such as a swoosh or a unique pattern of stripes. By making goods easier to identify, trademarks also supply manufacturers an incentive to invest in the quality of their goods. After all, if a consumer tries a can of Coca-Cola and finds the quality lacking, it will be easy for the consumer to avoid Coca-Cola in the future and instead buy another brand. Trademark law furthers these goals by regulating the proper use of trademarks.

2. What sources of law govern trademarks?

Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law. Since then, federal trademark law has consistently expanded, taking over much of the ground initially covered by state common law. The main federal statute is the Lanham Act, which was enacted in 1946 and most recently amended in 1996. 15 U.S.C. �� 1051, et seq.. Today, federal law provides the main, and by and large the most extensive, source of trademark protection, although state common law actions are still available. Most of the discussion in this summary focuses on federal law.

3. What prerequisites must a mark satisfy in order to serve as a trademark?

In order to serve as a trademark, a mark must be distinctive -- that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic. Because the marks in each of these categories vary with respect to their distinctiveness, the requirements for, and degree of, legal protection afforded a particular trademark will depend upon which category it falls within.

An arbitrary or fanciful mark is a mark that bears no logical relationship to the underlying product. For example, the words "Exxon," "Kodak," and "Apple" bear no inherent relationship to their underlying products (respectively, gasoline, cameras, or computers). Similarly, the Nike "swoosh" bears no inherent relationship to athletic shoes. Arbitrary or fanciful marks are inherently distinctive -- i.e. capable of identifying an underlying product -- and are given a high degree of protection.

A suggestive mark is a mark that evokes or suggests a characteristic of the underlying good. For example, the word "Coppertone" is suggestive of sun-tan lotion, but does not specifically describe the underlying product. Some exercise of imagination is needed to associate the word with the underlying product. At the same time, however, the word is not totally unrelated to the underlying product. Like arbitrary or fanciful marks, suggestive marks are inherently distinctive and are given a high degree of protection.

A descriptive mark is a mark that directly describes, rather than suggests, a characteristic or quality of the underlying product (e.g. its color, odor, function, dimensions, or ingredients). For example, "Holiday Inn," "All Bran," and "Vision Center" all describe some aspect of the underlying product or service (respectively, hotel rooms, breakfast cereal, optical services). They tell us something about the product. Unlike arbitrary or suggestive marks, descriptive marks are not inherently distinctive and are protected only if they have acquired "secondary meaning." Descriptive marks must clear this additional hurdle because they are terms that are useful for describing the underlying product, and giving a particular manufacturer the exclusive right to use the term could confer an unfair advantage.

A descriptive mark acquires secondary meaning when the consuming public primarily associates that mark with a particular producer, rather than the underlying product. Thus, for example, the term "Holiday Inn" has acquired secondary meaning because the consuming public associates that term with a particular provider of hotel services, and not with hotel services in general. The public need not be able to identify the specific producer; only that the product or service comes from a single producer. When trying to determine whether a given term has acquired secondary meaning, courts will often look to the following factors: (1) the amount and manner of advertising; (2) the volume of sales; (3) the length and manner of the term's use; (4) results of consumer surveys. Zatarain's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983).

Finally, a generic mark is a mark that describes the general category to which the underlying product belongs. For example, the term "Computer" is a generic term for computer equipment. Generic marks are entitled to no protection under trademark law. Thus, a manufacturer selling "Computer" brand computers (or "Apple" brand apples, etc.) would have no exclusive right to use that term with respect to that product. Generic terms are not protected by trademark law because they are simply too useful for identifying a particular product. Giving a single manufacturer control over use of the term would supply that manufacturer too great a competitive advantage. Under some circumstances, terms that are not originally generic can become generic over time (a process called "genericity"), and thus become unprotected.

4. How do you acquire rights in a trademark?

Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO"). 15 U.S.C. � 1127(a). Remember, however, that descriptive marks qualify for protection (and can be registered) only after they have acquired secondary meaning. Thus, for descriptive marks, there may be a period after the initial use of the mark in commerce and before it acquires secondary meaning, during which it is not entitled to trademark protection. Once it has achieved secondary meaning, trademark protection kicks in.

The use of a mark generally means the actual sale of a product to the public with the mark attached. Thus, if I am the first to sell "Lucky" brand bubble-gum to the public, I have acquired priority to use that mark in connection with the sale of bubble-gum (assuming that the mark otherwise qualifies for trademark protection). This priority is limited, however, to the geographic area in which I sell the bubble gum, along with any areas I would be expected to expand into or any areas where the reputation of the mark has been established. So, for example, if I sell pizza in Boston under the name "Broadway Pizza," I will probably be able to prevent late-comers from opening up a "Broadway Pizza" within my geographic market. But I will not be able to prevent someone else from opening a "Broadway Pizza" in Los Angeles.

The other way to acquire priority is to register the mark with the PTO with a bona fide intention to use the mark in commerce. Unlike use of a mark in commerce, registration of a mark with the PTO gives a party the right to use the mark nationwide, even if actual sales are limited to only a limited area. This right is limited, however, to the extent that the mark is already being used by others within a specific geographic area. If that is the case, then the prior user of the mark retains the right to use that mark within that geographic area; the party registering the mark gets the right to use it everywhere else. So, for example, if I register the mark "Broadway" in connection with the sale of pizza, the existing "Broadway Pizza" in Boston retains the right to use the name in Boston, but I get the right to use it everywhere else.

5. What does it mean to register a trademark?

Although registration with the PTO is not required for a trademark to be protected, registration does confer a number of benefits to the registering party. 15 U.S.C. � 1051. As described above, registration gives a party the right to use the mark nationwide, subject to the limitations noted above. 15 U.S.C. � 1072. Registration constitutes nationwide constructive notice to others that the trademark is owned by the party. Registration enables a party to bring an infringement suit in federal court. 15 U.S.C. � 1121. Registration allows a party to potentially recover treble damages, attorneys fees, and other remedies. Finally, registered trademarks can, after five years, become "incontestable," at which point the exclusive right to use the mark is conclusively established. 15 U.S.C. � 1065.

Applications for registration are subject to approval by the PTO. The PTO may reject a registration on any number of grounds. 15 U.S.C. � 1052. For example, the PTO will refuse to register generic marks or descriptive marks that have not attained secondary meaning. The PTO can also reject "immoral or scandalous" marks, certain geographic marks, marks that are primarily surnames, and marks that are likely to cause confusion with existing marks. As noted above, rejection of the mark does not necessarily mean that it is not entitled to trademark protection; it means only that the mark is not entitled to the additional benefits listed above. 15 U.S.C. � 1125.

Some states also have their own registration systems under state trademark law.

6. Can trademark rights be lost?

The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity. A trademark is abandoned when its use is discontinued with an intent not to resume its use. Such intent can be inferred from the circumstances. Moreover, non-use for three consecutive years is prima facie evidence of abandonment. The basic idea is that trademark law only protects marks that are being used, and parties are not entitled to warehouse potentially useful marks. So, for example, a exact case held that the Los Angeles Dodgers had abandoned rights to the Brooklyn Dodgers trademarkMajor League Baseball Properties, Inc. v. Sed Non Olet Denarius, Ltd., 817 F. Supp. 1103 (S.D.N.Y. 1993).

Trademark rights can also be lost through improper licensing or assignment. Where the use of a trademark is licensed (for example, to a franchisee) without adequate quality control or supervision by the trademark owner, that trademark will be canceled. Similarly, where the rights to a trademark are assigned to another party in gross, without the corresponding sale of any assets, the trademark will be canceled. The rationale for these rules is that, under these situations, the trademark no longer serves its purpose of identifying the goods of a particular provider. Dawn Donut Co., Inc. v. Hart's Food Stores, Inc., 267 F.2d 358 (2d Cir. 1959).

Trademark rights can also be lost through genericity. Sometimes, trademarks that are originally distinctive can become generic over time, thereby losing its trademark protectionKellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938). A word will be considered generic when, in the minds of a substantial majority of the public, the word denotes a broad genus or type of product and not a specific source or manufacturer. So, for example, the term "thermos" has become a generic term and is no longer entitled to trademark protection. Although it once denoted a specific manufacturer, the term now stands for the general type of product. Similarly, both "aspirin" and "cellophane" have been held to be generic. Bayer Co. v. United Drug Co., 272 F.505 (S.D.N.Y. 1921). In deciding whether a term is generic, courts will often look to dictionary definitions, the use of the term in newspapers and magazines, and any evidence of attempts by the trademark owner to police its mark.

7. What constitutes trademark infringement?

If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. 15 U.S.C. �� 1114, 1125. The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent. Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961).

So, for example, the use of an identical mark on the same product would clearly constitute infringement. If I manufacture and sell computers using the mark "Apple," my use of that mark will likely cause confusion among consumers, since they may be misled into thinking that the computers are made by Apple Computer, Inc. Using a very similar mark on the same product may also supply rise to a claim of infringement, if the marks are close enough in sound, appearance, or meaning so as to cause confusion. So, for example, "Applet" computers may be off-limits; perhaps also "Apricot." On the other end of the spectrum, using the same term on a completely unrelated product will not likely supply rise to an infringement claim. Thus, Apple Computer and Apple Records can peacefully co-exist, since consumers are not likely to think that the computers are being made by the record company, or vice versa.

Between the two ends of the spectrum lie many close cases, in which the courts will apply the factors listed above. So, for example, where the marks are similar and the products are also similar, it will be difficult to determine whether consumer confusion is likely. In one case, the owners of the mark "Slickcraft" used the mark in connection with the sale of boats used for general family recreation. They brought an infringement action against a company that used the mark "Sleekcraft" in connection with the sale of high-speed performance boats. Because the two types of boats served substantially different markets, the court concluded that the products were related but not identical. However, after examining many of the factors listed above, the court concluded that the use of Sleekcraft was likely to cause confusion among consumers. AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979).

8. What constitutes trademark dilution?

In addition to bringing an action for infringement, owners of trademarks can also bring an action for trademark dilution under either federal or state law. Under federal law, a dilution claim can be brought only if the mark is "famous." In deciding whether a mark is famous, the courts will look to the following factors: (1) the degree of inherent or acquired distinctiveness; (2) the duration and extent of use; (3) the amount of advertising and publicity; (4) the geographic extent of the market; (5) the channels of trade; (6) the degree of recognition in trading areas; (7) any use of similar marks by third parties; (8) whether the mark is registered. 15 U.S.C. � 1125(c). Kodak, Exxon, and Xerox are all examples of famous marks. Under state law, a mark need not be famous in order to supply rise to a dilution claim. Instead, dilution is available if: (1) the mark has "selling power" or, in other words, a distinctive quality; and (2) the two marks are substantially similar. Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 875 F.2d 1026 (2d Cir. 1989).

Once the prerequisites for a dilution claim are satisfied, the owner of a mark can bring an action against any use of that mark that dilutes the distinctive quality of that mark, either through "blurring" or "tarnishment" of that mark; unlike an infringement claim, likelihood of confusion is not necessary. Blurring occurs when the power of the mark is weakened through its identification with dissimilar goods. For example, Kodak brand bicycles or Xerox brand cigarettes. Although neither example is likely to cause confusion among consumers, each dilutes the distinctive quality of the mark. Tarnishment occurs when the mark is cast in an unflattering light, typically through its association with inferior or unseemly products or services. So, for example, in a exact case, ToysRUs successfully brought a tarnishment claim against adultsrus.com, a pornographic web-site. Toys "R" Us v. Akkaoui, 40 U.S.P.Q.2d (BNA) 1836 (N.D. Cal. Oct. 29, 1996).

9. What other potential causes of action are there?

Although likelihood of confusion and dilution are the two main trademark-related causes of action, there exist a number of additional state-law causes of action under state unfair competition law: passing off, contributory passing off, reverse passing off, and misappropriation. Passing off occurs when the defendant tries to pass off its product as the plaintiff's product. So, for example, manufacturing computers and claiming that they are made by Apple Computer, Inc. Contributory passing off occurs when the defendant assists or induces another (typically a retailer) to pass of its product as the plaintiff's product. So, for example, inducing a computer store to represent that the computers are made by Apple, when in fact they are not. Reverse passing off occurs when the defendant tries to pass off the plaintiff's product as its own. So, for example, taking a computer made by Apple, removing the label, and putting on a different label. Finally, misappropriation is a highly unstable, but potentially fruitful source of additional trademark-related claims.

10. What defenses are there to trademark infringement or dilution?

Defendants in a trademark infringement or dilution claim can assert basically two types of affirmative defense: fair use or parody. Fair use occurs when a descriptive mark is used in good faith for its primary, rather than secondary, meaning, and no consumer confusion is likely to result. So, for example, a cereal manufacturer may be able to describe its cereal as consisting of "all bran," without infringing upon Kelloggs' rights in the mark "All Bran." Such a use is purely descriptive, and does not invoke the secondary meaning of the mark. Similarly, in one case, a court held that the defendant's use of "fish fry" to describe a batter coating for fish was fair use and did not infringe upon the plaintiff's mark "Fish-Fri." Zatarain's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983). Such uses are privileged because they use the terms only in their purely descriptive sense.

Some courts have recognized a somewhat different, but closely-related, fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product. For example, in a exact case, the newspaper USA Today ran a telephone poll, asking its readers to vote for their favorite member of the music group New Kids on the Block. The New Kids on the Block sued USA Today for trademark infringement. The court held that the use of the trademark "New Kids on the Block" was a privileged nominative use because: (1) the group was not readily identifiable without using the mark; (2) USA Today used only so much of the mark as reasonably necessary to identify it; and (3) there was no suggestion of endorsement or sponsorship by the group. The basic idea is that use of a trademark is sometimes necessary to identify and talk about another party's products and services. When the above conditions are met, such a use will be privileged. New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992).

Finally, certain parodies of trademarks may be permissible if they are not too directly tied to commercial use. The basic idea here is that artistic and editorial parodies of trademarks serve a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection. The courts have adopted different ways of incorporating such First Amendment interests into the analysis. For example, some courts have applied the general "likelihood of confusion" analysis, using the First Amendment as a factor in the analysis. Other courts have expressly balanced First Amendment considerations against the degree of likely confusion. Still other courts have held that the First Amendment effectively trumps trademark law, under certain circumstances. In general, however, the courts appear to be more sympathetic to the extent that parodies are less commercial, and less sympathetic to the extent that parodies involve commercial use of the mark.

So, for example, a risqu� parody of an L.L. Bean magazine advertisement was found not to constitute infringement. L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 28 (1st Cir. 1987). Similarly, the use of a pig-like character named "Spa'am" in a Muppet movie was found not to violate Hormel's rights in the trademark "Spam." Hormel Foods Corp. v. Jim Henson Prods., 73 F.3d 497 (2d Cir. 1996). On the other hand, "Gucchie Goo" diaper bags were found not to be protected under the parody defenseGucci Shops, Inc. v. R.H. Macy & Co., 446 F. Supp. 838 (S.D.N.Y. 1977). Similarly, posters bearing the logo "Enjoy Cocaine" were found to violate the rights of Coca-Cola in the slogan "Enjoy Coca-ColaCoca-Cola Co. v. Gemini Rising, Inc., 346 F. Supp. 1183 (E.D.N.Y. 1972). Thus, although the courts recognize a parody defense, the precise contours of such a defense are difficult to outline with any precision.

11. What remedies are there for trademark infringement and/or dilution?

Successful plaintiffs are entitled to a wide range of remedies under federal law. Such plaintiffs are routinely awarded injunctions against further infringing or diluting use of the trademark. 15 U.S.C. � 1116(a). In trademark infringement suits, monetary relief may also be available, including: (1) defendant's profits, (2) damages sustained by the plaintiff, and (3) the costs of the action. 15 U.S.C. � 1117(a). Damages may be trebled upon showing of bad faith. In trademark dilution suits, however, damages are available only if the defendant willfully traded on the plaintiff's goodwill in using the mark. Otherwise, plaintiffs in a dilution action are limited to injunctive relief. 15 U.S.C. � 1125(c).

12. List of additional on-line sources

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Killexams : Meditation Directory

Meditation can refer to a spiritual quiet time, transcendental meditation, or just a time of relaxation. It is a popular and proven form of stress relief and relaxing. Meditation seeks to focus your thoughts and make supply you more clarity and awareness. Those with specific illness such as cancer, hypertension, anxiety, pain, menopause, and more find meditation to be helpful. Follow the links below to find WebMD's comprehensive coverage about how meditation works, how to start practicing meditation, benefits of meditating, and much more.

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Killexams : Three Ways That Handwriting With A Pen Positively Affects Your Brain No result found, try new keyword!Opinions expressed by Forbes Contributors are their own. Writer, editor, publisher and fan of all things handwritten. 1. Handwriting increases neural activity in certain sections of the brain ... Sun, 13 Aug 2023 00:13:00 -0500 https://www.forbes.com/sites/nancyolson/2016/05/15/three-ways-that-writing-with-a-pen-positively-affects-your-brain/ Killexams : Season Ticket Member Benefits

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Killexams : What is mindfulness meditation? How to get started and the health benefits you should know

Though most people have an understanding about what meditation is and some of its health benefits, one type of meditation called mindfulness meditation remains a mystery to many.

Mindfulness meditation offers a host of mental and physical health benefits of its own and is focused on a somewhat different outcome than some traditional meditation practices. "Mindfulness helps us show up in the world aware and responsible for our energy and aware of the energy around us," says Lalah Delia, a wellness educator and author of meditation and self-care book, "Vibrate Higher Daily."

What is the difference between meditation and mindfulness meditation?

Delia explains that mindfulness meditation is different from traditional meditation techniques in that "mindfulness meditation involves actively exploring your thoughts and surroundings to understand how they impact your mental and emotional well-being. "This is different from traditional meditation, which involves simply observing your breath and releasing thoughts that come up."

Elizabeth Hoge, a psychiatrist and director of the Anxiety Disorders Research Program at Georgetown University, says the roots of mindfulness meditation and traditional meditation are different, too. Mindfulness meditation found its beginning in ancient Buddhist philosophy and "is about paying attention to whatever is present without trying to change it," she explains. "Relaxation meditation, on the other hand, involves deliberately trying to relax the body and mind which typically comes from a yoga tradition of Hinduism."

Mindfulness meditation differs from traditional meditation in subtle but important ways.

Another distinction about mindfulness mediation is how it's incorporated into one's everyday life or a traditional meditative process. Sometimes that could mean being mindful of one's thoughts and feelings in any environment, other times it means doing so in a quiet, meditative setting.

Regardless of one's location, "people who practice mindfulness meditation are generally encouraged to allow any random thoughts or feelings to come into their minds and to simply experience them fully and without judgment," says Maren Nyer, PhD, the director of Yoga Studies at Massachusetts General Hospital and an assistant professor of psychology at Harvard Medical School.

What are the health benefits of mindfulness meditation?

Both meditation types have specific and sometimes similar health benefits such as improved sleep quality, enhanced clarity of thought, and lower blood pressure. But some benefits vary. For example, the American Psychological Association notes mindfulness-based therapy and meditation has been effective in reducing stress, anxiety and depression and boosting one's immune system to help one recover more quickly from illness. Psychological scientists have also found that mindfulness meditation can influence different pathways in one's brain that are associated with attention and emotion regulation.

Kim Polinder, MA, a relationship coach in Long Beach, California, and host of the podcast “Engineering Love," explains such emotional regulation can be especially helpful when conflicts arise in one's relationships. "When an individual gets triggered, the inability to regulate their emotions can fuel the argument regardless of how well they communicate," she says. "Mindfulness meditation exercises can help in this regard."

"Mindfulness meditation might also decrease some chronic pain syndromes and decrease substance use in the context of substance use disorders," adds Hoge.

How do you practice mindfulness meditation?

Delia says one can practice mindfulness anywhere, but meditation is often best experienced in a comfortable place "where you can relax without distraction." Begin by simply taking a few deep breaths "to slow your heart rate down, which also slows your mind down and invites relaxation," she says. From there, try to stay in the present moment without feeling the need to be anywhere else. "Pay attention to the sounds and sensations you experience and allow any thoughts that come up to pass without attempting to manage or modify them," she says.

Polinder advises to "start small" if you're new to the practice of meditation. "When starting a new behavior, it is important to set goals you can 100% achieve," she says. "For example, a small goal for meditation could be two minutes per day." Delia says it also might be helpful to use a mantra or a set of meaningful affirmations, "or even practice visualization during your practice to keep your focus on the present moment."

Regardless of where one is, she says that practicing mindfulness is about being aware of one's thoughts, emotions, environment, choices, and actions and to consider how they impact one's daily life and the lives of others.

"Learning to pause anywhere and taking a few mindful breaths before starting a project, conversation, meeting, making decisions, or responding, or even just sitting in silence for a few mindful moments, can help foster more conscious decision-making," she offers. "With regular practice, mindfulness can bring greater clarity, insight, and character into your life, helping you cultivate lasting peace, joy, harmony, and well-being."

Working on your well-being? Read these next:

Back pain keeping you up at night? How to get a good night's sleep even if your back hurts.

What is sleep hygiene? Here are the little changes to make to get the best sleep possible.

Do you know about fat-soluble vitamins? You probably should.

Chronic stress can be a serious problem: How to spot the symptoms.

This article originally appeared on USA TODAY: What is mindfulness meditation? All the health benefits to know about

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Killexams : Benefits Of Meditation

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