September 23, 2009 Nº 821 - Vol. 7
"In general, my children refused to eat anything that hadn't danced on TV."
Erma Bombeck
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European adviser backs Google on trademarks
A legal adviser to the European Union's top court backed Google in a trademark case on Tuesday, saying the company should be allowed to sell brand names like Louis Vuitton or Coca-Cola as advertising keywords but could be liable for their wrongful use. The legal opinion recommends that the European Court of Justice in Luxembourg clear Google of trademark infringement in several lawsuits in France that were brought by LVMH Moët Hennessy Louis Vuitton and other brand owners. Luxury goods companies like LVMH have been battling search engines and Internet auction sites in a series of lawsuits, arguing that the liberal use of brand names online undermines their value and facilitates the sale of counterfeit goods. The adviser, Luís Miguel Poiares Pessoa Maduro, said that on the Internet, brand owners "do not have an absolute right of control over the use of their trademarks. In most cases Google's use of trademarked keywords doesn't infringe the law, as Internet users expect more information to be returned as a result of a search than just the products of the firms that own the trademarks." "We believe that selecting a keyword to trigger the display of an ad does not amount to trademark infringement, and that consumers benefit from seeing more relevant information rather than less," Google said.
Antitrust regulators think about overhauling merger guidelines
U.S. regulators announced today that they were considering updating 17-year-old guidelines used to determine whether proposed business mergers are anticompetitive. It's a move that could result in both simplified and tougher standards for companies.
EU treaty still dragging
• Czech senators opposed to the EU's Lisbon Treaty could delay adoption of it for months. At least 17 Eurosceptic Czech senators have signed a petition against the treaty, which they plan to submit to the court at the end of September. The Eurosceptic Czech President, Vaclav Klaus, has been quoted as saying he will not sign the treaty until the constitutional court has considered the senators' petition. His signature is necessary to complete Czech ratification.
• A further threat to Lisbon would emerge if it is not ratified in time for the UK general election, expected next April or May, which the British Conservatives are favourites to win. They have pledged to put Lisbon to a UK referendum if it is not yet in force.
• The Republic of Ireland will hold a second referendum on Lisbon on 2 October. Irish voters rejected the treaty last year, but EU governments, anxious to bring the treaty into force, then gave Ireland legally binding "guarantees" that Lisbon would not affect key aspects of Irish sovereignty. These Irish guarantees have not yet been attached to the treaty.
• On a good note: the German Bundesrat gave final approval to a bill Friday that will allow Germany to ratify the EU reform treaty.
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1- Zelaya returns to Honduras (click here)
2- Gas Co. Lights Fire Under Twitter With Trademark Suit (click here)
3- France ex-PM goes on trial for Sarkozy defamation (click here)
4- Rights group claims Italy, Libya violating international law on refugee treatment (click here)
5- Military judge grants government 60-day continuance in Guantanamo trial (click here)
6- Google wins latest round in brand names dispute (click here)
7- Top commercial lawyers forced to slash rates (click here)
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China fights trade rule on American media
China on Tuesday appealed a World Trade Organization ruling that forced restrictions on the sale of music, films and books from the United States. The ruling last month came down decisively against China's policy of forcing American media producers to route their business through state-owned companies. The country's restrictions have been a main concern for Western exporters, who complain that China's rapid rise as a trade juggernaut has been aided by unfair policies that bolster sales of Chinese goods abroad while limiting the amount of foreign products entering the Chinese market.
Piracy 'spike' in South China Sea
Piracy in the South China Sea has hit a five-year high, an international monitoring agency has said. There have been 10 reports of sea attacks so far this year. Tankers and large container ships are most vulnerable to pirate attacks because they are slow moving. Most of the incidents involve pirates robbing the crew and stealing stores from ships, unlike in the waters off Somalia where ships and their crews are often held for ransom.
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Cemex – oferta
La cementera mexicana Cemex, la tercera mayor del mundo, fijó en 12.50 dólares el precio de los American Depositary Shares (ADS) para su planeada oferta pública global. Cemex espera obtener alrededor de US$ 1,625 millones con la venta de 130 millones de ADS, dijo un agente colocador.
Honduras – Democracia
Estados Unidos recibió una solicitud de Brasil para realizar una reunión urgente del Consejo de Seguridad de Naciones Unidas sobre la crisis en Honduras y la transmitirá a otros miembros del organismo, dijo un funcionario estadounidense.
Minera
Las acciones de la empresa peruana Ferreyros, que presta servicios a la minería, subían más de un 9 % e en la bolsa local, en medio de expectativas por recientes anuncios de mineras sobre inversiones en nuevos proyectos y ampliaciones de yacimientos. La semana pasada, gigantes del sector que operan en Perú confirmaron inversiones por unos US$ 10.000 mlls para los siguientes tres a cuatro años.
UN chief praises climate summit
Ban Ki-moon says a one-day climate change summit in New York has given fresh impetus to efforts to tackle global warming. He says the momentum has shifted in favour of reaching a deal at December's crucial climate meeting in Copenhagen. Earlier, the summit heard that China will increase efforts to improve energy efficiency and cut its CO2 emissions.But China gave no details about the measures, which should mean emissions grow less quickly than the economy. Climate change is a defining challenge of our time.
Honduras leader 'willing to talk'
Honduran interim leader Roberto Micheletti says he is willing to talk to deposed president Manuel Zelaya, barricaded in the Brazilian embassy. But Micheletti said Zelaya must first accept presidential elections scheduled for November. Brazil has warned Honduran security forces not to enter the embassy and is seeking an urgent meeting of the UN Security Council to address the crisis.
'Deaths rise' with junior doctors
A small but statistically significant number of patients die each year when junior doctors start work in August, a study finds.
Intel on offensive in EU case
Intel has said it is looking forward to its day in court when its appeal against a record fine imposed by EU anti-trust regulators is heard. This week the European Commission published data to support its case against the American chip maker. It detailed evidence from Intel clients that led to a $1.45bn fine for illegally shutting out rival AMD. In May the European Commission, the European Union's executive, ruled that Intel had paid computer makers to postpone or scrap plans to launch products using AMD's chips, given illegal rebates and paid a retailer to stock only computers with Intel chips. It said these "illegal" competitive practices harmed consumers.
EU probe 'costs Oracle millions'
Oracle says it is losing $100m every month while it waits for the verdict of an EU probe into a planned takeover deal. The business software firm has proposed a $7.4bn takeover of computer hardware and software maker Sun Microsystems. In August, the US Justice Department gave its approval to the deal, agreed between the two firms in April. However, he thinks the EU will eventually approve the deal.
'Open internet' rules criticised
Mobile providers have said that US proposals to ensure all traffic on the internet is treated equally should not be applied to wireless traffic. The Federal Communications Commission (FCC) wants rules to prevent providers blocking or slowing down bandwidth-heavy usage such as streaming video. Providers claim a two-tiered system is essential for the future vitality of the net. Studies show 60% of users are interested in mobile internet access. Mobile operators said any regulation would damage innovation. FCC chairman Julius Genachowski said doing nothing was not an option.
Bank of America faces bonus trial
The US regulator has confirmed it will sue Bank of America over charges that it misled investors about bonuses when it acquired Merrill Lynch. Bank of America saved Merrill from collapse at the height of the financial crisis, after saying no bonuses would be paid without shareholder approval. But up to $5.8bn in bonuses were later authorized. Separately, Bank of America announced several new measures to reduce its reliance on US aid.
Banking fees 'incomprehensible'
Information given to some banks' customers was "incomprehensible" and fees were "opaque", a scathing report on banks has suggested. An EU-wide price comparison website should be set up for current accounts, the European Commission report said. Only 9% of EU consumers switched accounts in 2007 and 2008, compared with 25% of car insurance customers. "Retail bankers are letting consumers down," said EU consumer commissioner Meglena Kuneva. "There is widespread evidence that basic consumer principles are being violated with problems from complex pricing to hidden charges and information that is unclear and incomplete. "Banks need to put their house in order with a culture change in the way they treat customers."
Flavored-cigarette ban now in effect
The ban on many flavored tobacco cigarettes took effect Tuesday, making it a signal day in the history of the federal government's lengthy effort over decades to regulate the tobacco industry. Meant to keep children from taking up the noxious-weed habit by using candy flavored cigarettes as a gateway, the ban means that any manufacturer or supplier of the products can now face Food and Drug Administration action if they're caught violating the prohibition.
France razes immigrant camp known as 'the jungle'
Hundreds of illegal immigrants were detained at the squalid forest camp near the northern city of Calais. One official called the site a "base camp for human traffickers" who promise the migrants passage for huge fees or dump them there after bringing them across Europe.
Administration wants to continue surveillance law
The Obama administration promised Congress to negotiate stronger privacy protections for Americans under terrorism surveillance but insisted on retaining current authority to track suspects and obtain records. Liberals on the House Judiciary Committee were left unsatisfied, clearly wanting the administration to go further and pledge to curb what they consider abuses of the Bush administration.
Tarmac-delay law gains momentum
Testimony that long tarmac delays are not merely a frustrating inconvenience but a serious health risk, backed by a World Health Organization study, has helped propel toward passage a law requiring airlines to allow passengers to disembark if delays span more than three hours. The time limit, along with a requirement that airlines provide basic services such as food and water, will soon become law. The consumer rights language, similar to a provision approved in the House, is contained in a reauthorization bill for the Federal Aviation Administration before the Senate. The legislation makes an exception for occasions when the pilot believes the plane will take off in the next half-hour or that it might be hazardous for passengers to leave the plane.
Emphasis on growth is called misguided
Among the possible casualties of the Great Recession are the gauges that economists have traditionally relied upon to assess societal well-being. So many jobs have disappeared so quickly and so much life savings has been surrendered that some argue the economic indicators themselves have been exposed as inadequate. In a provocative new study, a pair of Nobel prize-winning economists, Joseph E. Stiglitz and Amartya Sen, urge the adoption of new assessment tools that incorporate a broader concern for human welfare than just economic growth. By their reckoning, much of the contemporary economic disaster owes to the misbegotten assumption that policy makers simply had to focus on nurturing growth, trusting that this would maximize prosperity for all.
Chrysler fee watch
Chrysler racked up $64 million in professional fees during the first three months of the auto maker's bankruptcy case, according to court papers.
Total targets Petrobras partnership to tap Brazil, reverse output decline
Total SA, Europe's third-largest oil producer, is studying expansion in Brazil as part of a plan to reverse falling output by developing new projects.
Brazil wants Vale to become major steelmaker, compete with ArcelorMittal
Brazil wants Vale SA to become a major steelmaker to compete with ArcelorMittal, the world's largest producer and the company's biggest iron-ore customer.
The neologism of the day: 'tenther'
The term "Tenther," like "birther," seems to be mostly used by left-leaning types to describe right-leaners (it has yet to be "reclaimed" by the right). It describes those leaning on the Constitution's Tenth Amendment to justify the shooting down of new federal legislation in the age of President Obama. By way of quick refresher, the 10th Amendment reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Tentherism, in a nutshell, proclaims that New Deal-era reformers led an unlawful coup against the "True Constitution," exploiting Depression-born desperation to expand the federal government's powers beyond recognition. Tenthers divine all this from the brief language of the 10th Amendment, which provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In layman's terms, this simply means that the Constitution contains an itemized list of federal powers — such as the power to regulate interstate commerce or establish post offices or make war on foreign nations — and anything not contained in that list is beyond Congress' authority. More important, there is something fundamentally authoritarian about the tenther constitution. Social Security, Medicare, and health-care reform are all wildly popular, yet the tenther constitution would shackle our democracy and forbid Congress from enacting the same policies that the American people elected them to advance.
EU's Solana: Russia, China may agree Iran sanctions
Asharq Al-Awsat, Pan-Arab daily, London, England
Obama: US 'determined to act' on climate change
Gulf News, Independent daily, Dubai, United Arab Emirates
Ahmadinejad: Iran not a threat, but an 'opportunity' for Obama
Haaretz, Liberal daily, Tel Aviv, Israel
MIDEAST: U.S. Pushing Beyond Settlement Freeze
IPS Middle East, International cooperative of journalists, Rome, Italy
Analysis: Building drama-less diplomatic paradigms
JPost, Conservative, Jerusalem, Israel
Floor 124 of Burj Dubai to be Open to Tourists
Khaleej Times, English-language daily, Dubai, United Arab Emirates
Bulgarian Won UNESCO Job After Anti-Semitism Accusations Against Egyptian
Nahamet, Online news portal, Beirut, Lebanon
Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia
Controversial Egyptian culture minister loses UNESCO vote
The Daily Star, Independent daily, Beirut, Lebanon
Iraq says no progress with Syria over insurgents
Times of Oman, English-language daily, Muscat, Oman
Seven million people in Yemen poor, three million lack food
Yemen Times, Independent weekly, Sana'a, Yemen
Brown move to cut UK nuclear subs
BBC News, Centrist newscaster, London, England
Bolton need extra time to beat Hammers
BreakingNews.ie, Online news portal, Cork, Ireland
Sydney dust cloud paints city red
Daily Express, Conservative tabloid, London, England
Baroness Shameless fined £5,000 for breaking immigration law she helped draft ... but 'it's no worse than forgetting congestion charge'
Daily Mail, Conservative daily, London, England
Nortel to sell packet core network assets
DMeurope, Online news portal, Amsterdam, Netherlands
Boy, 4, died after bumping his head in Somerfield
icLiverpool, Online news portal, Liverpool, England
Nurses 'panic attacks after dentist groped her'
Manchester Online, Independent daily, Manchester, England
Divided views over budget deficit and debt threat
Radio Prague, Online news portal, Prague, Czech Republic
Giant Dust Storm Turns Sydney Sky Orange
Sky News, Independent newscaster, Middlesex, England
'A Fatal Development': Energy Expert Ridicules German Court Ruling
Spiegel International, Liberal newsmagazine, Hamburg, Germany
China announces detailed pledge to curb emissions
The Guardian, Liberal daily, London, England
Garda appeal over Barry death
The Irish Times, Centrist daily, Dublin, Ireland
Trident fleet to be cut Gordon Brown to announce
The Telegraph, Conservative daily, London, England
Aussie police suspended after nude run through city
Times Online, Conservative daily, London, England
KPK rejects Perppu on KPK leadership
Antara News, News agency, Jakarta, Indonesia
10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea
Cinema in Swat opens after three years
Dawn, English-language daily, Karachi, Pakistan
May need to use special forces against Naxals: Home Minister
India Express, News portal, Mumbai, India
Mother of two burnt alive after gangrape
India Times, Conservative daily, New Delhi, India
Can firms trust cloud computing?
Japan Times, Independent centrist, Tokyo, Japan
‘Third force' re-distributing sex DVD: MCA's Ti
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
Red dust envelopes south Queensland
New Zealand Herald, Conservative daily, Auckland, New Zealand
Argentina, Jordan sign nuclear agreement
People's Daily Online, English-language, Beijing, China
Sydney dust blanket spreads across state
Sydney Morning Herald, Centrist daily, Sydney, Australia
Obama: U.S. determined to act on climate change
The Hindu, Left-leaning daily, Chennai, India
CIC splurges US$850m on Noble in resource push
The Standard, Business daily, Hong Kong
BIRD THROWN OUT ...As meeting of House descends into chaos
Antigua Sun Online, Independent daily, St. John's, Antigua
Buju Banton concerts cancelled in the United States
Caribbean News Portal, Online news aggregator
Ex diplomat says US must help region beat crime and drug problem
Caribbean360, Online news portal, St. Michael, Barbados
CIFSA: No bail-out needed
Cayman Net News, Online news portal, George Town, Cayman Islands
Justice chief says accused in death of 7 Colombians threaten prosecutors
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
HONDURAS: Zelaya Hemmed In by Troops around Brazilian Embassy
IPS Latin America, International cooperative of journalists, Rome, Italy
Budget cutters - UTech students haggle over government spending
Jamaica Gleaner, Independent daily, Kingston, Jamaica
Peruvian soccer players have success in German clubs
Living in Peru, News portal, Lima, Peru
Alberta's ‘dirty oil' suits U.S. security just fine
The Globe and Mail, Centrist daily, Toronto, Canada
Climate change complacency 'global suicide pact,' UN told
Toronto Star, Liberal daily, Toronto, Canada
?Mendes: Consultation process fair
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
Big jump in S Africa sex offences
BBC News, Centrist newscaster, London, England
DR Congo deports genocide suspect
CongoPlanet.com, Independent online news aggregator
Bunyoro conflict; build on gains made
Daily Monitor, Independent daily, Kampala, Uganda
Ex-teacher crafts money through works
Daily Nation, Independent daily, Nairobi, Kenya
Nkrumah Never Dies Party Formed
GhanaWeb, Online news portal, Amsterdam, Netherlands
Iran to 'cut off hands'
iafrica, Online news portal, Cape Town, South Africa
Crime nightmare
Independent Online, News portal, Cape Town, South Africa
Ogaden rebels helped al Shabab fight government - report
Jimma Times, Online news portal, Jimma, Ethiopia
No curvy mannequins in Iran shop windows
Mail & Guardian Online, Liberal, Johannesburg, South Africa
SA crime 'uniquely violent'
News24.com, Online news portal, Cape Town, South Africa
Iwu queries Maduekwe's integrity
Vanguard, Independent daily, Lagos, Nigeria
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