State Board of Education member Steve Roberts (right) at a 2016 candidate forum. Photo by Eric Blom.Kansas State Board of Education approves pilot program that would allow special ed licensure after one semester of instruction. The Kansas State Board of Education on Wednesday approved two new pilot programs intended to help address the teacher shortage in the state — but some education professionals worry they will set new teachers up for failure. Under the pilot programs, college students enrolled in elementary and special education programs would be eligible for a limited teaching license after one semester of instruction. “We would be very concerned that we would bring the potentially good educators — paraprofessionals and others who would be quality educators — and set them up for failure if we don’t have the proper supports in place with an accelerated program,” Idalia Shuman of the Kansas National Education Association told the board. Steve Roberts, who represents much of the Shawnee Mission area, voted in favor of the program. Board chair John Porter was the only dissenting vote. [State Board Of Education Approves Pilot Programs For Accelerated Teaching Licenses — KMUW]Merriam’s Tim Murphy Art Gallery featured as hidden gem in KC. KSHB this week took a look at Merriam’s Tim Murphy Art Gallery inside the Irene B. French Community Center, calling it one of the metro’s best kept secrets. [Merriam’s best-kept secret: Tim Murphy Art Gallery — KSHB]Family sues Prairie Village Police for pursuit related to fatal crash. The family of Denisse Lopez, who was killed in a wreck at the intersection of 75th Street and Metcalf Ave. in January 2016, has sued the Prairie Village Police Department, saying that an officer’s pursuit of Raphael Sherman contributed to the 23-year-old’s decision to run a red light, leading to the crash. [Prairie Village sued over death of pregnant woman killed by driver fleeing police — Kansas City Star]Man sentenced to life in prison for murder of Shawnee resident Monica Lee. Johnson County District Court Judge Sara Welch on Wednesday sentence Gregory Paul Wright II, 55, to life in prison without the possibility of parole for 25 years for the murder of Shawnee resident Monica Lee in May 2016. Wright pleaded guilty to first degree murder in the case in November.
AVer has launched the $1,000 AW200 4K Wireless Presentation System for sharing content in conference rooms or as a stand-alone wireless presentation system in an existing network.The AW200 includes a main receiver and two transmitter pods that enable wireless or wired streaming of media at up to 4K resolution with WPA2-PSK Wi-Fi security. The plug-and-play design of the AW200 does not require additional software or drivers for installation and connectivity. Each AVer 4K Pod features a button to tap to initiate sharing and includes an HDMI and Mini DisplayPort input to support a variety of device types. The system is also compatible with Apple AirPlay and Google Cast.Split-screen mode allows up to four input sources to share the screen simultaneously, enabling collaboration and interactivity of ideas across multiple users. The AW200 supports several popular platforms, including macOS, iOS, Chrome OS, Windows and Android. Users can bring PCs, laptops, tablets and smartphones to any meeting with quick setup and sharing across various device types. As needs increase to share screens at the same time, the AW200 allows for expansion with additional 4K Wireless Pods to accommodate up to 32 users.
Mar 28, 2011 Nationwide polio vaccine drive targets children in Sierra LeoneHundreds of health workers recently fanned out across Sierra Leone in an effort to vaccinate more than 1 million children under age 5 against polio and restore the country’s previous polio-free status, Agence France-Presse (AFP) reported Mar 25. The 4-day nationwide campaign is part of a broader effort to vaccinate children in 14 countries, said Tity Turay, a health ministry official. The campaign is being supported by the United Nations Children’s Fund, the World Health Organization (WHO), Rotary International, and other development partners. The story said Sierra Leone was free of polio from 2000 until July 2009, when 13 cases were reported; the most recent case was reported in February 2010. The WHO representative in the country, Dr Wondimagegnehu Alemu, told AFP, “Despite two preventive and three reactive rounds of immunization campaigns in 2009 and two in March 2010, there is evidence that the wild polio virus continues to circulate in the country and the west coast of Africa.” Smallpox shot in military member led to four vaccinia casesFour people contracted vaccinia virus infections, leading in one case to systemic symptoms, as a result of direct or indirect contact with a US military man who had received a smallpox shot, according to a report in Emerging Infectious Diseases. The military member was vaccinated on Feb 23, 2010, and on Feb 27 he wrestled with two other men in a semiprofessional match, during which his vaccination-site dressing came off. Both of those wrestlers suffered skin lesions within 3 days. One of the two wrestled another man on Mar 5, and the latter subsequently had skin lesions on his chest. One of the men required treatment for erythema and early blepharitis of his left eyelid. In addition, a 29-year-old female household contact of the first case-patient suffered lesions along her lower jaw, followed by fever, chills, arthralgia, submandibular swelling, and a lesion in her right nostril. After her physician and the New York State Department of Health (NYSDH) consulted with the Centers for Disease Control and Prevention, she was treated with vaccinia immune globulin, lead author Gregory E. Young of the NYSDH told CIDRAP News, which alleviated the pain of her lesions within 24 hours. Vaccinia virus was confirmed in all four patients, and gene sequencing in three of the cases linked the virus to the ACAM2000 smallpox vaccine. The report says the cases point up the need to ensure that military vaccinees understand the risks associated with contact transmission of vaccinia. On Mar 16 the same journal published a report of four similar vaccinia cases that were linked to a martial arts gym.Apr 20l1 EID reportMar 16 CIDRAP News story on earlier report
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Out of the woods? Grasping the nettle The court briefly answered questions 1 and 2 by referring to Google France. If an advertiser purchases a keyword to appear as a sponsored link, then it is using the keyword and such use is in relation to the advertiser’s goods and services, even if the keyword does not appear in the sponsored link itself. It was common ground that at least one of the keywords purchased by M&S was identical to Interflora’s trademark and that the relevant goods and services were identical. It would appear that there was therefore a clear-cut infringement under article 5(1)(a). However, in line with previous judgments, the court stated that this use infringes only if it has an adverse effect on one of the functions of the trademark, such as: guaranteeing the origin or quality of the goods or services; advertising the goods or services; or investment in reputation. As to the ‘origin’ function, the court held that there would be an adverse effect if the sponsored link suggests an economic link between the parties or is so vague that reasonably well-informed and observant users are unable to determine whether or not there is such a link. The court also said that Interflora’s inability to block keyword purchasing through Google (the High Court’s question 4(b)) was irrelevant in this context. On the contrary, if Interflora had the opportunity to block the sponsored links, then failure to do so may form an implied consent. It is also irrelevant if only some users have difficulty in grasping the fact that M&S is not economically linked to Interflora – ‘some’ does not necessarily mean ‘all’, or even ‘most’. The court went on to hold that there was no adverse effect on the ‘advertising’ function. It may be that Interflora is forced to intensify its own advertising efforts, but this is inherent in any fair system of competition (see, again, Google France). Finally, as to the ‘investment’ function, the court held that any use that substantially interferes with the proprietor’s acquiring or preservation of reputation in the mark must be regarded as an adverse effect. However, there is no such adverse effect where the only consequences are to oblige the proprietor to adapt its efforts to acquire or preserve the reputation, or that consumers switch to other goods or services. This statement appears rather unhelpful and seems to contradict itself. What other consequences could there be? If there are no other consequences, then where does this leave the ‘investment’ function? Although the court was at pains to make a distinction between the ‘advertising’ and ‘investment’ functions, it did little to explain why that should be the case or, more importantly, how it can be applied in practice. Turning to the High Court’s question on article 5(2), the court distinguished between detriment to the distinctive character of a mark (‘dilution’) and taking unfair advantage of the distinctive character or repute of a mark (‘free-riding’). Where a sponsored link makes it clear that there is no connection between the parties, the court held that there is no dilution. However, it did not provide any substantive guidance on other cases where the position is not so clear or where no effort to distinguish has been made, instead leaving it for the High Court to reach its own conclusion. This was a missed opportunity for the court to fill an unfortunate gap in the guidance that many practitioners might have hoped for. As regards free-riding, the court relied on its findings in L’Oréal v Bellure (Case C-487/07) and almost fell into the same trap of suggesting that any advantage taken of a trade mark is unfair (see, for example,  EWCA Civ 535, per Jacob LJ at paragraphs 46-50). It being common ground that the ‘Interflora’ mark had sufficient reputation, the court was firmly of the view that the M&S use of the mark took real advantage of that reputation. The court indicated that offering a mere imitation of a trademark proprietor’s good or services, or use which adversely affects the functions of the mark, would not be fair competition and therefore is without due cause. However, the court refrained from providing any further substantial guidance on whether such use was with due cause or unfair, instead again leaving the question to the High Court. The Court of Justice of the European Union has handed down its long-awaited judgment in Interflora v Marks & Spencer (Case C-323/09). The final outcome remains to be decided by the High Court, but the judgment provides important guidance for businesses using competitors’ trademarks as Google ‘AdWords’. However, some parts may leave the High Court, and practitioners, with more questions than it has answered. Google provides a facility for advertisers to promote themselves in searches by purchasing keywords (‘AdWords’ in the Google system). When a user inputs one of these keywords into Google, the paid-for results will appear highlighted at the top or side of the page, with a brief advertising description, formerly marked as ‘Sponsored Links’ and now as ‘Ads’. Any number of parties can purchase the same keyword. Their ranking in the list of sponsored links depends on a combination of the price paid and the quality of the link. Taking advantage of this service, Marks & Spencer (M&S) purchased ‘Interflora’ and several other similar words and phrases as keywords so that a search for that word results in a sponsored link to the section of the M&S website that sells flowers. The word ‘Interflora’ does not appear anywhere in the sponsored link displayed to the user. Interflora sued for infringement of its UK and Community trademarks. It claimed that M&S was using an identical sign in relation to identical goods and services and used it in a way which, without due cause, took unfair advantage of or was detrimental to the distinctive character or repute of its marks (sections 10(1) and (3) of the Trade Marks Act 1994 and it equivalent Articles 5(1)(a) and 5(2) of Directive EEC/89/104). The High Court referred several questions to the Court of Justice for guidance. Some of these questions were withdrawn following the court’s decisions in Google France v Louis Vuitton (Case C-236/08) and related cases. The questions which remained were:1) Did M&S’s actions in relation to the keyword constitute ‘use’ of the mark?2) If so, was that use ‘in relation to’ the relevant goods and services?3) Did that use fall within the scope of either or both of Article 5(1)(a) and 5(2) of the Directive?4) Does it make any difference if: (a) the presentation of the sponsored link was liable to lead some users to believe that M&S is a member of Interflora’s commercial network; or (b) Google did not permit Interflora to block competitors from purchasing its trade mark as a keyword? Jim McDonnell, DLA Piper The outcome of the case remains to be decided upon its return to the High Court. On a wider basis, this judgment is likely to be welcomed by brand owners in confirming that there may be circumstances where they can restrict the use of trademarks as purchased keywords (in sharp contrast to the judgment in Google France). However, there remain a number of areas which might require better clarification, and it will be interesting to see what further guidance the English courts can provide.
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The Solicitors Disciplinary Tribunal will continue its business this week through video calling – and restart work on one of its biggest cases ever.The tribunal building in London has been closed for more than two weeks, with hearings cancelled in the meantime, due to the coronavrus lockdown.Since then, tribunal staff have worked to ensure that remote hearings can proceed with minimal disruption to avoid a backlog of cases building up.The Gazette understands one private hearing has been carried on remotely, and this week the case involving global firm Baker McKenzie will resume with a case management hearing conducted through Zoom. Baker McKenzie and three individuals all represented by counsel will appear from home.The case was effectively put on hold before Christmas due to the health of one party and is not due to resume fully until the end of this month.Former London managing partner Gary Senior is accused of trying to embrace and kiss a colleague in 2012 despite receiving no indication of consent, and persisting despite her indicating that it was not appropriate. Senior, who last year left Baker McKenzie, allegedly acted knowing he was in a position of authority and responsibility. He denies the allegation.Thomas Cassels and Martin Blackburn, who were with Baker McKenzie in 2012 as a partner and head of HR respectively, are being prosecuted along with the firm by the SRA in relation to the investigation that began when Person A made a complaint.The tribunal says in general that individuals participating in remote hearings will be provided with as much information as possible about how the hearing will be conducted, and will have the opportunity to test the technology in advance of the hearing if they so wish.The tribunal’s policy committee will issue a practice direction in the near future. This will be supported by a guide to assist participants in remote hearings.It is expected that most hearings already lined up for the coming months can be carried out remotely, although for some this will not be possible.For new cases issued at the tribunal from last Friday, an amended standard directions document will contain new directions about hearing and expectations of the parties.Paper-based applications can still be made and dealt with online, but the tribunal cannot take delivery of items by DX, courier or post. If the press or public wish to access a public hearing being held remotely they should contact the SDT in advance. *The Law Society is keeping the coronavirus situation under review and monitoring the advice it receives from the Foreign & Commonwealth Office and Public Health England. Find advice and updates here. Please see the Gazette’s dedicated coronavirus page here >>
Sir – You reported last year (RG 12.00 p798) that the Federal Railway Office had signalled the end of its reservations against driverless operation in Germany. EBA section chief Hans Heinrich Grauf had explained to a seminar of the Deutsche Verkehrsforum that the office no longer saw any legal restrictions.This view was based on an study by the Association of German Transport Undertakings (VDV), which suggested that the regulations covering the use of remote control on railways and in factories could also be applied to driverless operation. In the meantime, however, the Federal Ministry of Transport has moved swiftly to damp down any optimism raised by the EBA comments. The Ministry has advised the VDV that it does not in fact intend to alter its legal position. ’Remote control’ regulations only apply to the remote operation of a locomotive or shunting tractor by a driver, and do not cover remote control by automated data processing (EDV) systems. Thus it seems that the signals for driverless operation in Germany are no longer green, as suggested by the EBA, but firmly back to caution. Bureaucracy applies the brakes again!Ralf Roman RossbergMurnauGermany
AddThis Sharing ButtonsShare to FacebookFacebookFacebookShare to TwitterTwitterTwitterShare to LinkedInLinkedInLinkedInPostman assaulted – DumfriesPolice Scotland is investigating the unprovoked attack on a postman as he carried out his deliveries in Dumfries on Friday 9 October 2015. The postman was delivering in Syme Road at around 1030 hours when he was assaulted by a man while in a block of flats. The only description of the man is that he was wearing a light blue coloured hooded to with the hood up. The man then ran off after the assault.Constable Lyndsey Nicholson of Police Scotland at Dumfries said “this appears to be a completely unprovoked attack on a postman going about his deliveries. As a result of this assault the postman received bruising to his face and a black eye. Anyone who was in the Syme Road area around this time is asked to call us at Dumfries on 101 if they can help identify this man.”