Carnival of Souls lawsuit can continue against HarperCollins | Robot ...

Robot 6

A federal judge last week rejected a bid by HarperCollins to dismiss claims by comics creator Jazan Wild that the title of Melissa Marr?s new fantasy novel Carnival of Souls infringes on his trademark.

Law360 reports that in denying the motion, U.S. District Judge Josephine Staton Tucker disagreed with the publisher?s assertion that the trademark was invalid because it applied to the title of a single comic, finding that Wild (aka Jason Barnes) had demonstrated his Carnival of Souls is a series.

The judge also didn?t buy HarperCollins? argument that the title of Marr?s book is protected by the First Amendment, pointing to Wild?s claim that the publisher ?deliberately chose a confusingly similar title for its competing book in the same genre.? That allegation raises what Tucker deemed is ?a factual question as to whether [Marr's] book is likely to confuse consumers as to the origin of its source. The court cannot determine, as a matter of law, that it does not.?

However, while the judge kept Wild?s trademark-infringement claims in place, she dismissed the accusation of trademark dilution, supporting HarperCollins? assertion that the title of Marr?s book has an artistic component that constitutes a noncommercial use of a trademark ? and therefore not actionable under the Lanham Act.

Wild?s July lawsuit against HarperCollins gained attention in September after he sent cease-and-desist letters to book-review websites that published excerpts of Marr?s novel, claiming they amounted to a ?willful and malicious infringement? of his ?Carnival of Souls? trademark. Wild?s attorney Ted Shiells later attempted to clarify his client?s emails, insisting he ?was not threatening to sue any of these persons? but rather ?only intended to make them aware of his trademark rights in CARNIVAL OF SOULS, to minimize the confusion he has already suffered.? (It should be noted, however, that cease-and-desist notices, by their very nature, are threats of legal action.)

Wild, whose Jazan Wild?s Carnival of Souls debuted in 2005, is perhaps best known for the $60 million lawsuit he filed in 2010 claiming that NBC Universal and producer Tim Kring ripped off the ?carnival of lost souls and outcasts? that menaced the final season of the television drama Heroes. He more recently sued a songwriter over a graphic novel biography deal that went bad.

Source: http://robot6.comicbookresources.com/2012/12/carnival-of-souls-lawsuit-can-continue-against-harpercollins/

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Master regulator of skin development discovered

ScienceDaily (Dec. 2, 2012) ? The surface of your skin, called the epidermis, is a complex mixture of many different cell types -- each with a very specific job. The production, or differentiation, of such a sophisticated tissue requires an immense amount of coordination at the cellular level, and glitches in the process can have disastrous consequences. Now, researchers at the Stanford University School of Medicine have identified a master regulator of this differentiation process.

"Disorders of epidermal differentiation, from skin cancer to eczema, will affect roughly one-half of Americans at some point in their lifetimes," said Paul Khavari, MD, PhD. "Understanding how this differentiation occurs has enormous implications, not just for the treatment of disease, but also for studies of tissue regeneration and even stem cell science." Khavari is the Carl J. Herzog Professor and chair of the Department of Dermatology.

Khavari and his colleagues have found that, like a traffic cop motioning cars to specific parking spaces in a large, busy lot, a newly identified molecule called TINCR is required to direct precursor cells down pathways toward particular developmental fates. It does so by binding to and stabilizing differentiation-specific genetic messages called messenger RNAs. Blocking TINCR activity, the researchers found, stopped the differentiation of all epidermal cells.

"This is an entirely unique mechanism, which sheds light on a previously invisible portion of the regulation of this process," said Khavari, who is also a member of the Stanford Cancer Institute and chief of the dermatology service at the Veterans Affairs Palo Alto Health Care System. He is the senior author of the research, published online Dec. 2 in Nature. Former Stanford postdoctoral scholar Markus Kretz, PhD, is the first author. Kretz is now an assistant professor of biology at the University of Regensburg in Germany.

Surprisingly, this coordinator extraordinaire is not a protein. (Proteins have traditionally been thought to be the primary movers and shakers in a cell, although that view is now changing somewhat.) Instead, it belongs to a relatively new, and increasingly influential, class of regulatory molecules called long, non-coding RNAs, or lncRNAs. These molecules are so named because they do not carry instructions to make proteins. They are also longer than other regulatory RNAs known as microRNAs.

But even among lncRNAs, TINCR, and its role in epidermal differentiation, is unique.

"This work revealed a new role for regulatory RNAs in gene activation -- by stabilizing select messenger RNA transcripts," said co-author Howard Chang, MD, PhD, professor of dermatology. "This finding highlights the ability of regulatory RNAs to fine-tune gene expression."

The researchers identified the molecule by looking for RNAs that are more highly expressed in differentiating epidermal cells called keratinocytes than in progenitor cells. They found that levels of TINCR (short for "terminal differentiation-induced non-coding RNA") expression were 150 times greater in the keratinocytes. But to figure out what TINCR was doing, they had to develop two new assays: one to help researchers identify interactions between RNA molecules, and another to suss out interactions between a regulatory RNA and its protein partners. Such techniques will become increasingly important as researchers continue to identify the critical regulatory roles played by RNA molecules.

"These long, non-coding RNAs don't have recognizable, classic motifs like proteins do," said Khavari. "And yet, we really need to know with what other molecules they may be physically interacting to truly understand their biological roles."

The first approach, which the researchers termed RIA-Seq, couples an RNA interaction assay with a deep-sequencing technique to identify RNA partners of TINCR. Using RIA-Seq, the researchers found that TINCR and its RNA partners -- many of which encode instructions for proteins essential to the differentiation process -- share a common, short sequence that mediates their binding.

"These conserved, complementary motifs may help TINCR pair up with and stabilize its partner messenger RNAs," said Khavari. "In this way, TINCR may serve as a scaffold for many mRNAs involved in epidermal differentiation."

The second approach used a grid, or microarray, of 9,400 human proteins to which the researchers exposed TINCR. One of the proteins, termed STAU1, bound strongly to TINCR. STAU1 had not previously been implicated in epidermal differentiation, but the researchers found that blocking its activity prevented differentiation in a manner similar to blocking TINCR.

"This effect is quite specific for epidermal tissue," said Khavari, "and it suggests that nature has evolved a simple mechanism to control the tissue-specific expression of a large number of genes. We'd like to understand more about this TINCR-STAU1 complex to get a better idea of how it acts at a biochemical level."

In addition to identifying a unique role for a new lncRNA in epidermal differentiation, Khavari and Chang said they are excited to have developed new tools to understand how these regulatory RNAs function in the cells. "This really helps substantially expand our tool kit that we can use to analyze how RNAs and proteins interact," said Khavari.

Other Stanford researchers involved in the study include senior scientists Zurab Siprashvili, PhD, and Kun Qu, PhD; graduate students Ci Chu, Dan Webster, Ashley Zehnder, Ryan Flynn, Abigail Groff, Grace Kim and Jennifer Chow; and postdoctoral scholars Carolyn Lee, MD, PhD, Ross Flockhart, PhD, Robert Spitale, PhD, and Grace Zheng, PhD.

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Story Source:

The above story is reprinted from materials provided by Stanford University Medical Center.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

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Journal Reference:

1. Markus Kretz, Zurab Siprashvili, Ci Chu, Dan E. Webster, Ashley Zehnder, Kun Qu, Carolyn S. Lee, Ross J. Flockhart, Abigail F. Groff, Jennifer Chow, Danielle Johnston, Grace E. Kim, Robert C. Spitale, Ryan A. Flynn, Grace X. Y. Zheng, Subhadra Aiyer, Arjun Raj, John L. Rinn, Howard Y. Chang and Paul A. Khavari. Control of somatic tissue differentiation by the long non-coding RNA TINCR. Nature, 2012 DOI: 10.1038/nature11661

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/most_popular/~3/uwSMmCyjsBo/121202164434.htm

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NJ train derailment tips tankers, sickens dozens

PAULSBORO, N.J. (AP) ? A freight train derailed Friday on a railroad bridge that has had problems before, toppling tanker cars partially into a creek and causing a leak of hazardous gas that was blamed for sickening dozens of people, authorities said.

After hours of not registering at all on sensors, the level of the dangerous chemical spiked Friday evening, prompting authorities to evacuate people from several blocks around the site of the derailment and causing investigators to conduct interviews and record checks away from the accident site.

Members of the National Transportation Safety Board arrived in New Jersey on Friday afternoon to investigate. They will try to determine whether the derailment was caused by a problem with the bridge or if the derailment was to blame for the bridge's partial collapse.

A delicate operation lies ahead, as a huge crane was being brought from New York Harbor to pick up the dangling tanker cars.

The accident happened just after 7 a.m. when a train with two locomotives, 83 freight cars and a caboose made its way from Camden to the industrial town of Paulsboro, just across the river from Philadelphia International Airport.

Cars from a train operated by CSX went off the rails on a swing-style bridge, owned by Conrail, over Mantua Creek.

Seven cars derailed, including two box cars on stable ground and five on the bridge. NTSB chairman Deborah Hersman said four tankers were partially in the creek.

One tanker containing 25,000 gallons of vinyl chloride was sliced open in the accident and some of the gas spewed into the air, while the rest turned into a solid and settled into the bottom of the tanker.

People who live nearby said the air was smoky in the morning. Doug Ricotta was working in his bakery when he heard a loud sound. "Next came a smell, kind of sweet ? not a healthy smell," he said. He stayed in his business and kept baking, though one catering order had to be canceled because roads into and out of town were closed for a few hours.

Breathing vinyl chloride, which is used to make the common plastic PVC, can make people dizzy or sleepy. Breathing very high levels can cause someone to pass out, and breathing extremely high levels can cause death. Most of the vinyl chloride is gone from the body one day after being breathed in.

More than 70 people were treated at Underwood-Memorial Hospital, most complaining of breathing problems, burning eyes or scratchy throats, said spokeswoman Karen Urbaniak. She said 11 arrived by ambulance, and the rest walked in. More than 60 were discharged by late afternoon, and the handful that remained were in stable condition.

Residents of Paulsboro, West Deptford and East Greenwich Township were told to remain indoors early Friday before an all-clear was given. One resident walked through town Friday morning wearing a gas mask.

By late morning, state Department of Environmental Protection spokesman Larry Hajna said sensors were not detecting the chemical at the site.

But by Friday evening, Hersman said, the chemical was detected again, leading to a new evacuation order for areas close to the accident.

Coast Guard Lt. Drew Madjeska, a spokesman for agencies responding to the derailment, told The Philadelphia Inquirer that residents were told they might not be allowed to return for several days, depending on the results of further air tests. Officials said about 500 residents were affected by the evacuation.

The higher readings also complicated things for investigators. Hersman said railroad officials, their contractors and other environmental experts were trying to determine the best way to get the rest of the vinyl chloride out of the ruptured tanker before further inspections could be done or the train cars could be moved.

She said her team of investigators would be focused first on reviewing records and interviewing witnesses ? things that can be done away from the accident site.

Tom Butts, the chief of emergency management for Gloucester County, said it would take at least a day to get the large crane to the site to pick up the damaged cars. The recovery work was expected to take place only during daylight hours and it was not clear how long it would take.

The bridge usually supports at least three major trains each day serving refineries and other customers in an industrial area along the Delaware River. It was rebuilt after it buckled in August 2009 and when nine cars on a coal train detailed. Officials attributed that accident to bridge misalignment.

State Senate President Stephen Sweeney, whose district includes Paulsboro, said he had been told that complaints had been made in recent weeks about noise coming from the bridge and that Conrail was looking into it. But he said he didn't have any details.

At a news conference, Conrail spokesman John Enright said that the company is concerned with safety and cooperating with authorities, but he would not take any questions.

Early in the day, State Assemblyman John Burzichelli, a former mayor of Paulsboro who was serving as spokesman for the town, said he believed that it was a problem with the bridge that caused the accident. But he later backed off that, saying he did not know the cause.

The Federal Railroad Administration doesn't routinely inspect the structural safety of bridges owned by freight railroads, although it does inspect the tracks and can do an inspection if it receives a complaint or if track inspectors notice a problem. The agency last inspected the Paulsboro bridge in January 2010 and found no defects.

The railroads themselves are responsible by law for inspecting their own bridges. The FRA does not know when Conrail last did one.

The NTSB's Hersman says her agency will review bridge safety records and other details, including the mechanical systems on the train and the structural integrity of the bridge. She said inspectors will seek to interview crew on the train and to give them drug and alcohol tests.

Burzichelli said that as long as the bridge is out, factories and refineries in the area will have to rely on shipping materials by barge and truck.

___

Follow Mulvihill at http://www.twitter.com/geoffmulvihill

Source: http://news.yahoo.com/nj-train-derailment-tips-tankers-sickens-dozens-213425784.html

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Thousands support Egypt president in rival rally

CAIRO (AP) ? Tens of thousands of people waving Egyptian flags and hoisting large pictures of the president are demonstrating across Egypt Saturday in support of him and Islamic law.

The rally, organized by the Muslim Brotherhood, is seen as a test of strength for Islamists seeking to counteract large opposition protests held this past week. The Islamists argue that the liberals, who are still laboring to create a cohesive opposition nearly two years after the uprising that ousted longtime leader Hosni Mubarak, do not represent the vast majority of Egyptians.

The Brotherhood and harder-line Islamists won nearly 75 percent of the seats in last winter's parliamentary election. But liberals highlight the fact that President Mohammed Morsi, a member of the Brotherhood's political party, won only 25 percent of votes in the first round of presidential elections. He went on to win the runoff by just over 50 percent, after a divisive race against a former regime figure.

Hundreds of thousands of people, mostly liberal and secular forces, took to the streets twice this week opposing Morsi's decrees to grant himself sweeping powers. On Friday, up to 200,000 people packed the streets of Cairo alone, vowing to bring down a draft constitution approved by allies of Morsi, and demanding he repeal the decrees that neutralized the judiciary.

Morsi says he acted to prevent courts led by former regime holdovers from delaying a transition to democracy and dissolving the assembly that wrote the draft constitution.

"The people support the president's decision!" chanted crowds outside Cairo University, where more than 10,000 had gathered by midday. They held posters that read "Yes to stability" and "Yes to Islamic law".

The draft was passed by an Islamist-led assembly early Friday and is expected to be presented to the president Saturday. He will then decide on a date for a nationwide referendum, possibly in mid-December.

Egypt's Constitutional Court rules on Sunday whether to dissolve the assembly. Liberal, secular and Christian members had already quit the body in protest of what they call the Islamists' hijacking of the process.

Near Cairo University, dozens of Brotherhood buses stood parked after transporting people from outside the capital to the rally. Thousands others arrived on foot, chanting in support of Morsi as they marched. Among supporters of the rally, which also calls for Islamic law, are the Gamaa Islamaiyya ? a fundamentalist group that fought an insurrection against the government in the 1990s ? and the Salafi Nour Party, seen as more conservative than the Brotherhood.

The Brotherhood had originally said it would hold Saturday's rally in Tahrir Square, where the opposition has erected dozens of tents since Morsi issued his decrees last week, but changed their location to avoid confrontation. The group said it cancelled its rally in the southern city of Luxor after clashes between rival camps broke out there Friday.

Clashes sparked by the two-week old crisis have left two dead and hundreds injured.

Source: http://news.yahoo.com/thousands-support-egypt-president-rival-rally-102045998.html

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