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Defendant Appellant Cross Appellee, and Heartland Park Raceway, LLC Defendant.

August 5, 2020January 3, 2018 by admin

In this diversity case governed by Kansas tort law, SFX Motor Sports, Inc.1 (“SFX”), appeals the district court’s denial of its post-trial motion for judgment as a matter of law (“JMOL”). SFX argues that a reasonable jury could not have found SFX liable for wanton conduct based on its staging of an August 2003 motorcycle race in which Arthur Wagner, Jr. (“Wagner”), crashed and was seriously injured. Wagner cross-appeals, arguing that the district court erred in reducing his damages award pursuant to Kansas’s statutory cap on noneconomic damages in personal injury actions. Exercising appellate jurisdiction under 28 U.S.C. § 1291, we REVERSE the denial of SFX’s motion for JMOL and DISMISS Wagner’s cross-appeal as moot.

United States Court of Appeals for the Federal Circuit: BRIDGESTONE/FIRESTONE RESEARCH, INC., Appellant, v. AUTOMOBILE CLUB DE L’OUEST DE LA FRANCE, Appellee

August 5, 2020January 3, 2018 by admin

Bridgestone/Firestone Research, Inc. ("Bridgestone") is the owner of Trademark Registration No. 756,436 for the mark LEMANS for "pneumatic rubber tires" on the principal register, issued on September 10, 1963. The United States Patent and Trademark Office Trademark Trial and Appeal Board granted the petition of Automobile Club de l'Ouest de la France ("Automobile Club") to cancel the registration.1 We reverse the Board's decision.

The Art Of Sponsorships

August 5, 2020January 2, 2018 by admin

The practice of a business giving money to another company in return for advertising at an event, location, or program is called a sponsorship. The overwhelming need for money in the park and recreational field has necessitated the importance to know how to find and keep sponsors. The presenter, Robert Villegas, with an understanding of how important funding is for recreation programs but also how tragically scarce it often is, stressed in this session how mutually beneficial a sponsorship can be for both the manager and the sponsor.

Trademark Dilution Law: A Cross-Disciplinary Examination Of Dilution And Brand Equity Scholarship

August 4, 2020January 2, 2018 by admin

Federal trademark law affords distinctive and famous trademarks protection from “dilution,” which is the whittling away of a trademark’s uniqueness and consequently its selling power. Trademark dilution jurisprudence, as explicated in case law, is unclear with respect to what injury is to be prevented by dilution law, how such injury is operationalized, and how best to balance the interests at stake in a dilution action. With these deficiencies in perspective, this dissertation begins with the question whether a framework for identifying and measuring trademark dilution can be culled from the body of brand equity research. Brand equity, which is generally regarded as the extra or added value embodied in the product’s trademark beyond the value of the product unmarked, is akin to the selling power or commercial magnetism of a famous trademark.

Theory of Mind

August 4, 2020January 1, 2018 by admin

1. Introduction. ‘

Theory of Mind’ refers to the cognitive capacity to attribute mental states to self and others. Other names for the same capacity include “commonsense psychology,” “naïve psychology,” “folk psychology,” “mind reading” and “mentalizing.” Mental attributions are commonly made in both verbal and non-verbal forms. Virtually all language communities, it seems, have words or phrases to describe mental states, including perceptions, bodily feelings, emotional states, and propositional attitudes (beliefs, desires, hopes, and intentions). People engaged in social life have many thoughts and beliefs about others’ (and their own) mental states, even when they don’t verbalize them.

Learning Threshold Parameters for Event Classification in Broadcast News

August 4, 2020January 1, 2018 by admin

Abstract

In this paper we present two methods for automatic threshold parameter estimation for an event tracking algorithm. We view the threshold as a statistic of the incoming data stream, which is assumed to contain broadcast news stories from radio, television, and newswire sources. Query bias defined in terms of threshold estimators can be identified when a word co-occurrence representation for text is used. Our results suggest that both approaches learn bias from training corpora, leading to improved classification accuracy for event tracking applications. 1 Introduction The following work describes two automatic threshold selection algorithms for the event tracking problem. This problem was defined by the Topic Detection and Tracking (TDT) research initiative, a DARPA-sponsored effort comprising research groups from several commercial and academic sites. Event tracking is a form of supervised learning in which a system formulates a classifier for broadcast news using a few relevant stori...

Bus Rapid Transit Identity: An Overview of Current “Branding” Practice

August 4, 2020January 1, 2018 by admin

Abstract

The emergence of new bus rapid transit (BRT) systems in recent years has prompted transit agencies across North America to establish new and unique identity programs that communicate various benefits of improved bus service. These identities and brands, however, rely largely on perception and emotional reaction, which are diff icult to quantify. This lack of “hard data” makes the efficacy of identity systems and expenditures on them difficult to assess. This evaluation of 22 BRT identity programs examines the typical constructs used to establish BRT identity: visual identifiers, nominal identifiers, and color palette.

Libel and Privacy

August 4, 2020January 1, 2018 by admin

New York law has been extended by another case disallowing a cause of action for defamation arising from a fictional work.' In Springer v. Viking Press, the court held there was no cause of action for defamation. The case concerned plaintiff Lisa Springer and defendant Robert Tine who met while attending Columbia University and developed a close personal relationship.' While working on a novel, defendant informed plaintiff he had patterned the relationship between the hero and heroine on their own.

Motorsports Exemption Vehicle Field Test | Report To The Legislature

August 4, 2020December 30, 2017 by admin

EXECUTIVE SUMMARY

Vehicle Code Section 35401.5(g)(2)(A), effective January 1, 2013, mandates the California Department of Transportation (Caltrans) to test motorsports trucks with 56-foot semitrailers on various segments of the National Network and routes leading to the motorsports race tracks, and to report findings and recommendations to the Legislature by January 1, 2014. Five locations were selected for field investigations – four race tracks and one truck stop. The number of locations and events selected for testing was limited to five for the following reasons: (1) time constraints due to the report due date, which allowed Caltrans to collect the field data from February to August only; and (2) scheduling constraints due to the racing events being held at the selected race tracks only once per year.

Talent Agents, Personal Managers, And Their Conflicts In The New Hollywood

August 4, 2020December 28, 2017 by admin

I. INTRODUCTION

Hollywood is an impersonal, uncaring, and unforgiving place, and artists need the sophisticated assistance of third parties to help them locate employment opportunities and to assist them in making career decisions. This is where talent agents and personal managers step in. Agents and managers represent artists, and their collective role in the entertainment industry is straightforward. According to agent Joel Dean, they “try to put [artists and producers] together to make a match . . . . It couldn’t be simpler.

Case Comp Certain Formula One Engine Manufactures

August 4, 2020December 28, 2017 by admin

Dear Sir / Madam,

i. l refer to your complaint of 10 September 2009 lodged with the Commission against Fédération Internationale de l'Automobile (FIA), Bayerische Motoren Werke Aktiengesellschaft (BMW), Fiat S.p.a. (Fiat), Ford Motor Company (Ford), Honda Motor Co. Ltd. (Honda), Renault, Toyota Motor Corporation (Toyota), Doma Sports S.L. (Doma), and Fédération lntemationaie de Motocyclisme (FlM) regarding alleged violations of Article 101 and 102 of the Treaty on the Functioning of the European Union (T1'-"EU)1 in connection with the use of BRV Pty Ltd's (BRV) rotary valves in the Formula One and MotoGP championships. I also refer to your letters of 21 April, 26 May and 23 July 2010 by which you provided additional information/explanations on the above matter.

With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102, respectively, of the TFEU; the two sets of provisions are in substance identical. For the purposes of this letter references to...

Consumer Behaviour And Target Audience Decisions

August 4, 2020December 28, 2017 by admin

Consumer behaviour can be defined as the process and activities people engage in when searching for, selecting, purchasing, using, evaluating, and disposing of products and services so as to satisfy their needs and desires. The conceptual model in Figure 3–1 will be used as a framework for analyzing the consumer decision-making process. We will discuss what occurs at the various stages of this model and how advertising and promotion can be used to influence decision making. The five-stage decision process model of Figure 3–1 views the consumer as a problem solver and information processor who engages in mental processes to evaluate alternative brands and determine the degree to which they might satisfy needs or purchase motives. This model is a form of cognitive learning. Consumer learning has been defined as “the process by which individuals acquire the purchase and consumption knowledge

Time on Camera: An Alternative Explanation of NASCAR Tournaments

August 4, 2020December 28, 2017 by admin

ABSTRACT:

NASCAR’s reward structure for rank order tournaments has been considered the exception to the rule in tournament theory due to the linear payout structure. We suggest that the rewards for drivers are nonlinear when you take into consideration the value of sponsorship time on camera and sponsor mentions during a race on TV. Given the importance of corporate sponsorship in NASCAR, we suggest that performance in a race provides additional benefits that are not captured in traditional tournament payments.

Introduction

Often sporting contests are used as a labor market laboratory to empirically test the implications of labor economics such as tournament theory (Kahn 2000). In sports, nonlinear payment structures are found in rank order tournaments such as golf (Ehrenberg and Bognanno 1990, and Melton and Zorn 2000) and marathon running (Frick 2003). Auto racing provides an exception to the...

Relative Performance Evaluation in Executive Compensation Contracts

August 4, 2020December 28, 2017 by admin

Abstract

Using data that includes specific contractual details of Relative Performance Evaluation (RPE) contracts granted to executives for 1,833 firms for the period 1998 to 2012, we develop new methods to characterize RPE awards and measure their value and incentive properties. The frequency in the use of these awards has grown over time with 37% of the firms in our sample granting an RPE award in 2012. When RPE awards are used they are typically granted to the five named executive officers and they represent about 32% of total recipient compensation. Stock is most frequently the instrument conveyed, followed by cash, and options are almost never granted.