VEPACHEDU EDUCATIONAL FOUNDATIONSufficient sleep duration requirements vary across the lifespan and from person to person. The recommendations reported here represent guidelines for

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Issue 167 Chief Editor: డాక్ట ర్ శీ్రనివాసరావు వేపచేదు | डॉक्टर श्रीनिवासराव ुवेपचेद|ु Dr. Sreenivasarao Vepachedu1

Issue 167 5119 కలి కాలము/Kali Era| 2075 వికరమార్క కాలము/Vikramarka Era|1939 శాలివాహన కాలము/Salivahana Era

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CONTENTS WORKING HOURS AROUND THE WORLD PUBLIC SHAMING TRADEMARK BULLIES DOES NOT WORK

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WORKING HOURS AROUND THE WORLD1 If other people are putting in 40 hours in a week, and you're putting in 100, you will achieve in four months, what it takes them a year to achieve. That's the type of work ethic an entrepreneur needs to have, according to Elon, in this segment, called "Lesson Learned." “Work twice as hard as others Entrepreneurs need to work 80 to 100 hours a week.”

Chinese tech companies regularly work 996, i.e., from 9 to 9 daily (12 h), 6 days a week – 72 hours per week2, that helped create thriving domestic giants, including Tencent Holdings Ltd. and Alibaba Group Holding Ltd., now two of the 10 most valuable companies in the world. Alibaba co-founder Jack Ma is the richest man in China. Tencent Chief Ma Huateng is No. 2. There are dozens of other beneficiaries, who may draw scrutiny if a debate over U.S. tariffs escalates into a full-blown trade war. However, American media says China’s tech companies have used the protection to great benefit3. According to 2004 data from the Bureau of Labor Statistics, almost 15 million Americans work full-time on the evening shift, night shift, rotating shifts, or other employer arranged irregular schedules. According to U.S. National Health Interview data from 2010, almost 19% of working adults work 48 hours or more per week and over 7% worked 60 hours or more. Both shift work and long work hours have been associated with health and safety risks. Someone who puts in 70 hours produces nothing more with those extra 15 hours4. A new free, web-based training released by the National Institute for Occupational Safety and Health (NIOSH) will help emergency responders and their managers better cope with the demands of emergency operations when deployed to a disaster site5. Only 25 % of American workers use all their stingy paid vacation time that is less than most of their European counterparts, according to a Glassdoor survey. According to internal research by audit firm EY (formerly Ernst & Young), employees who use more vacation days end up with better performance reviews - for each 10 vacation hours a person took, performance reviews were 8 percent higher on average.















http://vator.tv/news/2010-12-23-elon-musk-work-twice-as-hard-as-others









https://supchina.com/2018/03/23/why-chinese-companies-crush-western-tech-giants-in-china/

https://www.bloomberg.com/quote/700:HK

https://www.bloomberg.com/billionaires/id/3216495

https://www.bloomberg.com/billionaires/id/6495328

https://www.bloomberg.com/politics/articles/2018-03-05/ryan-urges-trump-to-back-down-from-tariffs-on-steel-aluminum

https://www.cdc.gov/niosh/topics/workschedules/





https://www.cdc.gov/niosh/emres/longhourstraining/














Younger employees under 45 feel more entitled than older employees to add vacation days onto the trip and to spend more of their boss' money6. Original Research conducted using unverifiable responses to questionnaires before and after vacation and again four weeks later, vacation alleviated perceived job stress and bum-out and a

similar pattern with regard to absenteeism, reinforcing another research based on unverifiable responses to questionnaires that indicates a respite from work diminishes levels of strain to lower than chronic, on-the-job levels7. Another study Gallup based on unverifiable responses to questions reports that adults employed full time in the US report working an average of 47 hours per week8. In the list of selected countries based on the average annual hours worked per person per figures compiled by the Organization for Economic Co-operation and Development (OECD), South Korea tops with a whopping 2,193 hours, followed by Chile on 2,068. Greeks grab the third rank in the international ranking, averaging 2,017 hours. British workers clock up 1,647 hours and Germans 1,408 at the bottom of the table, above only the Netherlands9. Workers in the UK are in the middle of the pack, working 36.3 hours/week, about an hour a week less than the EU average OF 42.2 h/w, but higher than 35.6 h/w in Germany10. As per the Factories Act 1948, every adult (above18 years of age) cannot work for more

than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours11. In a 2013 survey12, the majority of graduate degree applicants saw themselves in 10 years’ time either running their own business (24%), director of a large company (17%), or CEO of a large company (15%). Almost 18% identified an annual target salary of more than US$100,000. These ambitions are accompanied by expectations of















https://www.prnewswire.com/news-releases/expedia-and-egencia-study-millennials-spend-more-freely-complain-more-loudly-and-crave-mobile-devices-for-business-and-leisure-travel-227643311.html


https://www.tandfonline.com/doi/abs/10.1080/08870440108405529#.U_0ATMVdWbO






http://news.gallup.com/poll/175286/hour-workweek-actually-longer-seven-hours.aspx



http://www.bbc.com/news/magazine-18144319







https://docs.google.com/spreadsheets/d/1UrIUNWCVnkzBVLnNo9R6LaWABlH2NZ9LvZmKSB98YIY/edit#gid=7



https://paycheck.in/main/labour-law-india/work-and-wages/work-hours-in-india




https://www.topuniversities.com/system/files/pdf-uploads/qs_world_grad_school_international_student_mobility_2014.pdf
















long working hours; almost 85% said they expected to work more than a standard 40-hour week in their first job after completing a graduate degree, with more than 40% expecting upwards of 50 hours per week.

The majority of the working population in the US reports that work has a significant impact upon their sleep13, with more than 75% of respondents to a media survey stating they have lost sleep over work issues14. A cross-sectional survey of nearly 8000 employees recruited from a nonrandom network of occupational physicians in southeast France shows that current bullying is associated with a 4- to 5-fold increase in reported sleep disturbance. The National Science Foundation (NSF) updated its age-related sleep duration recommendations based on a systematic literature review by a multidisciplinary expert panel using quantitative techniques shown in the figure on the left15. Sufficient sleep duration requirements vary across the lifespan and from person to person. The recommendations reported here represent guidelines for healthy individuals and those not suffering from a sleep disorder. Sleep durations outside the recommended range may be appropriate, but deviating far from the normal range is rare. Individuals who habitually sleep outside the normal range may be exhibiting signs or symptoms of serious health problems or, if done volitionally, may be compromising their health and well-being16.

A recent analysis in the US concluded that regularly getting less sleep than that increases the risk of obesity, heart disease, depression, and early death, and recommended that all adults aim for at least 7 hours17. By this benchmark, recent reports seem to suggest we are walking around in a state of sleep deprivation. The US Centers for Disease Control and Prevention estimates that 35 per cent of US adults are getting less than 7 hours a night, and a survey in the UK found that the average was 6.8 hours18. Four major sleep-related factors affect the cognitive performance of individuals. The first factor is the homeostatic drive for sleep at night, determined largely by the number of consecutive hours that we’ve been awake. The second factor is the ability to sustain attention and maintain peak cognitive performance dependent

















http://www.cdc.gov/features/dssleep/

https://www.rsph.org.uk/en/policy-and-projects/areas-of-work/waking-up-to-the-health-benefits-of-sleep.cfm

https://hbr.org/2006/10/sleep-deficit-the-performance-killer
















on the total amount of sleep you manage to get over several days. The third factor is the circadian phase—the time of day in the human body differentiates midnight or dawn. The fourth factor is the sleep inertia, the grogginess that a person feels first when woken-up from sleep19. Sleep is an active period in which a lot of important processing, restoration, and strengthening occurs. One of the vital roles of sleep is to help solidify and consolidate memories. Researchers have also shown that after people sleep, they tend to retain information and perform better on memory tasks. Human bodies require long periods of sleep in order to restore and rejuvenate, to grow muscle, repair tissue, and synthesize hormones. Both women and men can improve their nighttime rest quality by adopting a few sleep best practices. These include adhering to the same wake and sleep schedule every day, powering down electronics at least an hour before bed, keeping the room you snooze in on the cool side between 60 and 67 degrees is ideal, according to the NSF20.

• Stick to a sleep schedule of the same bedtime and wake up time, even on the weekends. This helps to regulate your body's clock and could help you fall asleep and stay asleep for the night.

• Practice a relaxing bedtime ritual. A relaxing, routine activity right before bedtime conducted away from bright lights helps separate your sleep time from activities that can cause excitement, stress or anxiety which can make it more difficult to fall asleep, get sound and deep sleep or remain asleep.

• If you have trouble sleeping, avoid naps, especially in the afternoon. Power napping may help you get through the day, but if you find that you can't fall asleep at bedtime, eliminating even short catnaps may help.

• Exercise daily. Vigorous exercise is best, but even light exercise is better than no activity. Exercise at any time of day, but not at the expense of your sleep.

• Evaluate your room. Design your sleep environment to establish the conditions you need for sleep. Your bedroom should be cool – between 60 and 67 degrees. Your bedroom should also be free from any noise that can disturb your sleep. Finally, your bedroom should be free from any light. Check your room for noises or other distractions. This includes a bed partner's sleep disruptions such as snoring. Consider using blackout curtains, eye shades, ear plugs, "white noise" machines, humidifiers, fans and other devices.

• Sleep on a comfortable mattress and pillows. Make sure your mattress is comfortable and supportive. The one you have been using for years may have exceeded its life expectancy – about 9 or 10 years for most good quality mattresses. Have comfortable pillows and make the room attractive and inviting for sleep


















https://sleep.org/articles/get-sleep-schedule/

https://sleep.org/articles/learning-relax/

https://sleep.org/articles/napping-health-benefits/

https://sleep.org/articles/napping-health-benefits/

https://sleep.org/articles/exercise-affects-sleep/

https://sleep.org/articles/design-the-perfect-bedroom/

https://sleep.org/articles/temperature-for-sleep/

https://sleep.org/tag/beds/

https://sleep.org/tag/pillows/














but also free of allergens that might affect you and objects that might cause you to slip or fall if you have to get up.

• During the night.

• Use bright light to help manage your circadian rhythms. Avoid bright light in the evening and expose yourself to sunlight in the morning. This will keep your circadian rhythms in check.

• Avoid alcohol, cigarettes, and heavy meals in the evening. Alcohol, cigarettes and caffeine can disrupt sleep. Eating big or spicy meals can cause discomfort from indigestion that can make it hard to sleep. If you can, avoid eating large meals for two to three hours before bedtime. Try a light snack 45 minutes before bed if you’re still hungry.

• Wind down. Your body needs time to shift into sleep mode, so spend the last hour before bed doing a calming activity such as reading. For some people, using an electronic device such as a laptop can make it hard to fall asleep, because the particular type of light emanating from the screens of these devices is activating to the brain. If you have trouble sleeping, avoid electronics before bed or in the middle of the night.

• If you can't sleep, go into another room and do something relaxing until you feel tired. It is best to take work materials, computers and televisions out of the sleeping environment. Use your bed only for sleep and sex to strengthen the association between bed and sleep. If you associate a particular activity or item with anxiety about sleeping, omit it from your bedtime routine.

• If you’re still having trouble sleeping, don’t hesitate to speak with your doctor or to find a sleep professional. You may also benefit from recording your sleep in a Sleep Diary to help you better evaluate common patterns or issues you may see with your sleep or sleeping habits.















https://sleep.org/articles/household-allergens-that-could-be-affecting-your-sleep/

https://sleep.org/articles/circadian-rhythm-body-clock/

https://sleep.org/articles/what-does-caffeine-do-2/

https://sleep.org/articles/bedtime-snacks/

https://sleep.org/articles/bedtime-snacks/

https://sleep.org/articles/how-technology-changing-the-way-we-sleep/

https://sleep.org/articles/does-sex-affect-sleep/

https://sleep.org/articles/does-sex-affect-sleep/

http://www.sleepfoundation.org/find-sleep-professional



http://www.sleepfoundation.org/sleep-diary/SleepDiaryv6.pdf














PUBLIC SHAMING TRADEMARK BULLIES DOES NOT WORK21 Does Public Shaming Trademark Bullies Work? Shaming as a sanction is not a new concept and has been around since before biblical times and can be effective as a punishment and a deterrent. Shaming is a process of publicizing someone’s wrongful behavior that violated a social norm, wherein the process comprises citizens publicly and self-consciously drawing attention to the bad dispositions or bad actions of an offender and punishing the offender for having the bad dispositions or engaging in the bad action. Advocates for shaming as a legal alternative or as a complement to traditional civil and criminal sanctions such as fines or imprisonment have been increasingly more vocal in the past two decades22.

The government is generally in the best position to shame the offender. Three parties are involved in a shaming situation. First, the shamer is the one who undertakes the shaming. The shamer can be an individual, a group of individuals, corporate entities, or government-sponsored entities such as judges. The second party in a shaming situation is the target of the shaming- the AMZONE-Goliaths13. The final and the most important party of the shaming situation is THE















https://poseidon01.ssrn.com/delivery.php?ID=541021002118112122094107085017081089109025032011016032119084101076096105025065094106001060102005041111018116101065088081121126042034007076000096064082084119013021030084017057103115115104096112006083065082089116025021010094094005100011015080004086116094&EXT=pdf















https://www.linkedin.com/pulse/amgen-v-exciva-rao-vepachedu-jd-phd-llm/














COMMUNITY - YOU. However, the AMZONE-Goliaths13 are not vulnerable to shaming, one of the most important conditions to be met for success, because another critical condition to successful shaming is that it reduces the level of reputation in which the target was previously held in the community - possible only if the community shares the view that the trademark bully has transgressed by resorting to trademark bullying. If the community does not share this view, the shaming will likely fail by falling on deaf ears of the community. One of the ways the community is most effectively activated to boycott the corporate trademark bully is if members were previously consumers or followers of the trademark bully and the shamer (the bullied victim). However, the shamer (the bullied victim) may not be in the best position to be believed by the community because the trademark bullied victim is new to the community and small whereas the corporate trademark bully has established itself in the community by contributing to the community with its products, charity, taxes, bribes, funds for legislators (lobbying), advertising, and other public relations activities. For people with bratty kids, the answer might seem obvious, but the water gets a lot murkier when it’s the government doling out the shame, not mom and dad. In April 2014, a 62-year-old man, found guilty of harassing a neighbor and her two disabled children, was sentenced to carry a sign that read I AM A BULLY. Even if the corporate trademark bully thinks that trademark bullying or another bullying by threatening the victim to give up, is serving a greater good, the fact remains that it is still just a trademark bully. Trademark owners are incentivized by the AMZONE GOLIATH23 developments in trademark law to obtain expanded trademark rights and to keep these rights through aggressive policing, due to several features of trademark law, which work against the victims of trademark bullying. One of the ways a trademark bully always maintains an upper hand in a trademark dispute with a small business or individual is that the bully can decide not to pursue its claim of infringement if its target puts up an initial fight because a trademark bully faces no consequences for abusing the trademark rights. In trademark-infringement suits, defendants are rarely granted a trademark-misuse defense, creating a “one-way liability" against the victims of the trademark bully. There is some evidence that shame doesn’t always do what it’s meant to do.































Is public shaming fair punishment and does it work24? The answer depends on the type of bullying, and if it is trademark bullying, shaming does not work because the trademark bully has powerful allies in the community including the federal agencies (TTAB, FDA, USPTO, etc.) and the Congress dancing to its tunes.

Medical errors are severely underreported in a fear-based culture. The problem is further entrenched in the general societal culture where the huge number of harm and deaths due to preventable error never make the evening news. If it did, we would have more support from the general public and therefore government funding.

The root cause of the two-fold problem of TM bullying and the medication errors due to proprietary name confusion in the pharmaceutical industry in the US and internationally which includes the system-based causes of medication errors, including pharmaceutical trademarks, drug packaging and labeling, and error-prone abbreviations and dose expressions, as well as the patient's role in preventing medication errors, needs to be fixed by the US Congress by a comprehensive legislation25.

Keep an eye on Trademark Bullying Cases at TTAB, FDA, USPTO, etc. and find out for yourself. Use the Trademark Search and Document Retrieval (TSDR)26 system to retrieve status information and to review all documents currently in the record for pending applications and registered trademarks. TSDR is available 24 hours a day, 7 days a week. Once on this page, simply enter the trademark opposition number, for example, 91239011 at TTAB-VIEW27, or trademark application number 87195766 at TSDR28 and then click either the "Status" or "Documents" button. When selecting

"Status," you can expand the different headings for more information.















http://www.latimes.com/opinion/op-ed/la-oe-0525-morrison-sentencing-shame-judges-20140525-column.html

http://www.kathleenbartholomew.com/pdf/Risk-Management-in-Canadian-Healthcare.pdf






https://www.linkedin.com/pulse/tm-bullying-medication-errors-rao-vepachedu-jd-phd-llm/



http://tsdr.uspto.gov/

http://ttabvue.uspto.gov/ttabvue/

http://tsdr.uspto.gov/#caseNumber=87195766&caseType=SERIAL_NO&searchType=statusSearch















REFERENCES AND NOTES29

1 WORKING HOURS AROUND THE WORLD 2 Why Chinese Companies Crush Western Tech Giants In China 3 China Protectionism Creates Tech Billionaires Who Protect Xi 4“The Productivity of Working Hours” published by Stanford University and IZA, April 2014.

Memo to work martyrs: Long hours make you less productive 5 Reducing Risks Associated with Long Work Hours https://www.cdc.gov/niosh/emres/longhourstraining/ Interim NIOSH Training for Emergency Responders: Reducing Risks Associated with Long Work Hours is designed for emergency workers who respond to epidemics such as Ebola, weather-related

disasters, earthquakes and other catastrophic events 6 Expedia and Egencia Study: Millennials Spend More Freely, Complain More Loudly and Crave Mobile Devices for Business and Leisure Travel 7 The impact of vacation and job stress on burnout and absenteeism

The "40-Hour" Workweek Is Actually Longer -- by Seven Hours 8 The "40-Hour" Workweek Is Actually Longer -- by Seven Hours 9 Who works the longest hours? 10 In 2011: https://docs.google.com/spreadsheets/d/1UrIUNWCVnkzBVLnNo9R6LaWABlH2NZ9LvZmKSB98YIY/edit#gid=7;

https://docs.google.com/spreadsheets/d/1UrIUNWCVnkzBVLnNo9R6LaWABlH2NZ9LvZmKSB98YIY/edit#gid=0 In the UK, you can’t work more than 48 hours a week on average - normally averaged over 17 weeks. This law is sometimes called the ‘working time

directive’ or ‘working time regulations.’ This means you can work more than 48 hours one week, as long as the average over 17 weeks is less than 48 hours a

week. Opting out of the 48 hour week. 11 Work Hours and Overtime Pay in India 12 Trends in International Student Mobility Students are considering studying abroad within their own world region, reflecting the regionalization of higher

education, with FAME (Finance, Accounting, Management, Economics, and related fields) and STEM (Science, Technology, Engineering and Mathematics) subjects as the most popular subjects of study. FAME subjects remain the most popular among the survey respondents and STEM subjects remain the second

most popular. The big four Anglophone destinations (US, UK, Australia, and Canada) all declined in popularity between 2009 and 2013. 13 Australian workforce a bundle of nerves. careerone.com.au www.careerone.com.au/media/documents/press-releases/Stress%20Survey%20Release%20(FINAL)%207-9-06.pdf 14 Losing Sleep Over Work? Does It Matter? 15 National Sleep Foundation’s sleep time duration recommendations: methodology and results summary, Sleep Health 1, 40–43 (2015)

How Many Hours of Sleep Do You Really Need?

Why Do We Need to Sleep? How Much Sleep Do You Really Need Each Night?

Gender Tends to Affect Our Sleep Patterns 16 Assess Your Sleep Needs 17 You Need 7-8 Hours of Sleep for Better Brain Health 18 Recommended Amount of Sleep for a Healthy Adult: A Joint Consensus Statement of the American Academy of Sleep Medicine and Sleep Research

Society 19 Sleep Deficit: The Performance Killer 20 Healthy Sleep Tips















https://www.linkedin.com/pulse/working-hours-around-world-rao-vepachedu-jd-phd-llm/



https://www.bloomberg.com/news/articles/2018-03-06/how-china-protectionism-creates-tech-billionaires-who-protect-xi

http://ftp.iza.org/dp8129.pdf

https://www.cnbc.com/2015/01/26/working-more-than-50-hours-makes-you-less-productive.html

https://www.cdc.gov/niosh/emres/longhourstraining/








https://www.gov.uk/maximum-weekly-working-hours/calculating-your-working-hours



https://www.gov.uk/maximum-weekly-working-hours/weekly-maximum-working-hours-and-opting-out



http://www.careerone.com.au/media/documents/press-releases/Stress%20Survey%20Release%20(FINAL)%207-9-06.pdf

http://careerone.com.au/



https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2737568/

http://www.sleephealthjournal.org/article/S2352-7218(15)00015-7/pdf

https://www.healthline.com/nutrition/how-much-sleep-you-need

https://www.theatlantic.com/science/archive/2018/01/the-mystery-of-sleep-pressure/549473/

https://www.everydayhealth.com/sleep/101/how-much-sleep-do-you-need.aspx

https://www.everydayhealth.com/sleep/101/how-much-sleep-do-you-need.aspx#sleepneedsgender

http://healthysleep.med.harvard.edu/need-sleep/what-can-you-do/assess-needs

https://www.aarp.org/health/healthy-living/info-2017/sleep-needed-for-better-brain-health-cs.html

https://academic.oup.com/sleep/article/38/6/843/2416939

https://academic.oup.com/sleep/article/38/6/843/2416939


https://sleepfoundation.org/sleep-tools-tips/healthy-sleep-tips














21 Bullying, Mobbing and the Role of Shame: Have you ever felt guilty about something you did, even though you were never caught? Have you ever been ashamed of yourself, even though others might not know how you secretly feel? Anger and Shame: Emotions of Bullying; Why You Should Think Twice

Before Shaming Anyone on Social Media; Is public shaming fair punishment? Is Public Humiliation the Same As Bullying?

• Trademark bullying: Legitimate Problem?

• Using Online Shame as a Defense to a Trademark Infringement Claim.

• Social Shaming: Fighting Back Trademark Bullies - Berkeley Law

• Shaming Trademark Bullies - Wisconsin Law Review

• Bullying and Opportunism in Trademark and Right

• Charitable Trademarks

• To Bully Or Not To Bully: Understanding The Role Of Uncertainty

• How to avoid being a trademark bully | Managing Intellectual Property

• How To "Trademark Shame" A Larger Company

• Fighting back against the "trademark bullies" | Smart & Biggar.

• My other case is - The Washington Post

• Trademark Extortion Revisited - Mitchell Hamline Open Access

• Trademark Bullying

• Trademark Trolls: A Problem in the United States?

• How Fashionable is the Louis Vuitton "Trademark Bully" Label ...

• Barefoot Bucha is a better example of poor branding than trademark ...

• Under the Lanham Act: The Fog and Art of War ... - Kilpatrick Townsed

• Trademark Bullying - David Lizerbram & Associates

• What Intellectual Property Lawyers Can Learn From Barbra Streisand, Sepp Blatter, And The "Coca-Cola Crybaby": Dealing With "Trademark Bullying" In South Africa

• Ethics in the Trademark Arena

• The IPKat: The Metaphorical Trademark "Bully": A Problem?

• Fear and Loathing: Shame, Shaming, and Intellectual

• Protecting Small Businesses from Overly Litigious Corporations

• Copyright Litigation and Strategies - Neal & McDevitt

• Why Do We Publicly Shame People Out of Their Jobs?

• The University of Alabama Bullies an Artist | David Bollier

• Policing the Cease-and-Desist Letter

• BRANDS AS COPYRIGHT

• Trademark Bullying & the Streisand Effect















https://www.psychologytoday.com/us/blog/beyond-bullying/201309/bullying-mobbing-and-the-role-shame

http://ombudsfac.unm.edu/Article_Summaries/Anger_and_Shame.pdf

https://www.wired.com/2013/07/ap_argshaming/

https://www.wired.com/2013/07/ap_argshaming/


https://www.huffingtonpost.com/nile-cappello/public-humiliation-is-the-same-as-bullying_b_4045962.html

http://www.worldtrademarkreview.com/Magazine/Issue/42/Features/Trademark-bullying-legitimate-problem-or-passing-fad

https://www.copyrighttrademarkmatters.com/2012/02/27/using-online-shame-as-a-defense-to-a-trademark-infringement-claim-may-not-alway-be-effective/

https://www.law.berkeley.edu/files/bclt_IPSC2010_Grinvald.pdf

http://wisconsinlawreview.org/wp-content/uploads/2011/07/02-Grinvald.pdf

http://www.bu.edu/bulawreview/files/2016/10/22.-DOGAN.pdf

http://ideaexchange.uakron.edu/akronlawreview/vol50/iss4/5/

https://academiccommons.columbia.edu/download/fedora_content/download/ac:169938/content/to_bully_or_not_to_bully_understanding_the_role_of_uncertainty.pdf

http://www.managingip.com/Article/3556771/How-to-avoid-being-a-trademark-bully.html

https://smallbiztrends.com/2012/03/how-to-trademark-shame-a-larger-company.html

http://www.smart-biggar.ca/en/articles_detail.cfm?news_id=606

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/01/27/my-other-case-is/

http://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=1267&context=facsch

https://www.duetsblog.com/trademark-bullying/page/5/

https://www.chapman.edu/law/_files/publications/clr-18-mireles.pdf

https://www.duetsblog.com/2012/03/articles/trademarks/how-fashionable-is-the-louis-vuitton-trademark-bully-label-2/

https://www.duetsblog.com/2015/12/articles/trademarks/barefoot-bucha-is-a-better-example-of-poor-branding-than-trademark-bullying/

http://www.kilpatricktownsend.com/~/media/Files/articles/2013/vol103_no2_a3.ashx

https://lizerbramlaw.com/2011/11/09/trademark-bullying/

http://www.scielo.org.za/pdf/pelj/v16n5/02.pdf

http://www.scielo.org.za/pdf/pelj/v16n5/02.pdf

https://www.inta.org/trademarkadministration/Documents/Bessinger%20et%20al%20-%20Ethics%20in%20the%20Trademark%20Arena%2009132016.pdf

http://ipkitten.blogspot.com/2016/06/the-metaphorical-trademark-bully-problem.html

http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1001&context=law-review

http://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1063&context=jipl

http://www.nealmcdevitt.com/assets/news/ppt_tm_bullying_final.pdf

https://hbr.org/2015/04/why-do-we-publicly-shame-people-out-of-their-jobs

http://www.bollier.org/university-alabama-bullies-artist

https://cpb-us-west-2-juc1ugur1qwqqqo4.stackpathdns.com/usfblogs.usfca.edu/dist/7/272/files/2015/10/1-SAN-49-3-Grinvald.pdf

https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=3297&context=vlr

https://www.scribd.com/document/106075444/Trademark-Bullying-the-Streisand-Effect-Erik-Pelton-NYSBA-2012-IP-conference














• Bearing Down on Trademark Bullies - Hofstra University

• The Bully Waging War Against Bullies - The Daily Beast

• Fear and Loathing in Trademark Enforcement - St. John's

• What Is the Consequence of Not Policing Your Trademark

• Counterfeits, Copying, and Class

• Will Montana-Based Victory Energize Win

• Let the Trademark 'Bully' Be!

• Brewer Threatens Restaurant For Using The Word 'Hofbrau

• Once Again, Lego Learns That It Cannot Trademark

• Marx Bros. v. Warner Bros.—An Amusing Lesson in the Dangers

• How to 'React' to Trade Mark Bullies - GSC Solicitors London

• Public Citizen Litigation Group 2815 Townsgate

• No Toucan For You - American University Intellectual Property

• Normative Foundations of Trademark Law

• Empirical Study of the Multifactor Tests for Trademark Infringement

• Merchandising Right: Fragile Theory or Fait Accompli

• Deregulating Relevancy in Internet Trademark Law

• Hunting Goodwill: A History of the Concept of Goodwill in Trademark Law

• Gone in Sixty Milliseconds: Trademark Law and Cognitive Science

• What the Right of Publicity Can Learn from Trademark Law

• Confusion over Use: Contextualism in Trademark Law

• Initial Interest Confusion: Standing at the Crossroads of Trademark Law

• Grounding Trademark Law Through Trademark Use

• Dilution

• Rethinking Trademark Fair Use

• Internet Trademark Suits and the Demise of Trademark Use

• Search and Persuasion in Trademark Law

• Confronting the Genericism Conundrum

• Defense of the New Federal Trademark Antidilution Law

• Increasing First Amendment Scrutiny of Trademark Law

• Birth of the Authornym: Authorship, Pseudonymity, and Trademark Law

• Trademark Extortion: The End of Trademark Law















http://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1200&context=faculty_scholarship

https://www.thedailybeast.com/the-bully-waging-war-against-bullies

http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1035&context=faculty_publications

http://smallbusiness.chron.com/consequence-not-policing-trademark-25918.html

http://scholars.unh.edu/cgi/viewcontent.cgi?article=1115&context=law_facpub

https://www.jdsupra.com/legalnews/will-montana-based-victory-energize-win-82877/

https://works.bepress.com/man_huynh/2/download/

https://www.techdirt.com/articles/20160324/09403434004/brewer-threatens-restaurant-using-word-hofbrau.shtml

https://www.techdirt.com/articles/20100915/01140511024.shtml

https://www.capessokol.com/marx-bros-v-warner-bros-amusing-lesson-dangers-trademark-bullying/

http://www.gscsolicitors.com/how-to-react-to-trade-mark-bullies/

https://www.duetsblog.com/files/2016/01/MOB-v-LV-Memorandum-in-Support-of-Atty-Fees.pdf

http://www.ipbrief.net/2011/09/17/no-toucan-for-you/

http://heinonline.org/HOL/Page?handle=hein.journals/tndl82&div=46&collection=journals&set_as_cursor=41&men_tab=srchresults&terms=%28%22intellectual%20property%22%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/calr94&div=51&collection=journals&set_as_cursor=37&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/emlj54&div=9&collection=journals&set_as_cursor=39&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/emlj54&div=10&collection=journals&set_as_cursor=40&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/bulr86&div=21&collection=journals&set_as_cursor=63&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/tlr86&div=19&collection=journals&set_as_cursor=62&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/stflr58&div=48&collection=journals&set_as_cursor=83&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/ilr92&div=45&collection=journals&set_as_cursor=70&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/cdozo27&div=12&collection=journals&set_as_cursor=87&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall


http://heinonline.org/HOL/Page?handle=hein.journals/clr106&div=37&collection=journals&set_as_cursor=112&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall


http://heinonline.org/HOL/Page?handle=hein.journals/davlr39&div=18&collection=journals&set_as_cursor=125&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/mlr103&div=63&collection=journals&set_as_cursor=189&men_tab=srchresults&terms=%28%28%22trademark%22%29%29%7C%28%28%22trademarks%22%29%29&type=matchall

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/cdozo28&div=61&start_page=1789&collection=journals&set_as_cursor=306&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/frdipm16&div=39&start_page=1143&collection=journals&set_as_cursor=315&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/smulr61&div=23&start_page=381&collection=journals&set_as_cursor=367&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/tndl80&div=50&start_page=1377&collection=journals&set_as_cursor=393&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/waslee65&div=20&start_page=585&collection=journals&set_as_cursor=431&men_tab=srchresults














• Crystals in the Public Domain

• Irrelevant Confusion

• Intellectual Property Law and the Sumptuary Code

• Owning Markets

• Shaming Trademark Bullies

• Running the Gamut from A to B: Federal Trademark and False Advertising Law

• Consumer Decision-Making Theory of Trademark Law

• DysFunctionality

• Consumer Investment in Trademarks

• From Trademarks to Brands

• Brands, Competition, and the Law

• Trademark Intersectionality

• Is Pepsi Really a Substitute for Coke - Market Definition in Antitrust and IP 22 Shaming Trademark Bullies, Wisconsin Law Review, Vol. 2011, No. 3, 2011 23 AMZONE GOLIATH: ENSURING APPROPRIATE MEDICATION 24 Is public shaming fair punishment and does it work? 25TRADEMARK BULLYING AND MEDICATION ERRORS 26 Trademark Search and Document Retrieval (TSDR) 27 TTAB-VIEW (http://ttabvue.uspto.gov/ttabvue/) 28 Trademark application number 87195766 at TSDR (http://tsdr.uspto.gov/#caseNumber= 87195766& caseType=SERIAL_NO&searchType=statusSearch) 29 In addition to the primary sources cited above, additional references include:

New York Times, Washington Post, Mercury News, Bayarea.com, Deccan Chronicle, the Hindu, Hindustan Times, Times of India, AP, Reuters, AFP, The Guardian, Pravda, Spiegel, Connexion, etc.

“Where the mind is without fear and the head is held high, Where knowledge is free Where the world has not been broken up into fragments, By

narrow domestic walls.” Rabindranath Tagore (1861-1941), Gitanjali, 1912. One World One Family

AUM! SWASTI! Om! Asatoma Sadgamaya, Tamasoma Jyotirgamaya, Mrityorma Amritamgamaya, Om Shantih, Shantih, Shantih! (Aum! Lead the world from wrong path to

the right path, from ignorance to knowledge, from mortality to immortality, and peace!)

SWASTI! AUM!















http://heinonline.org/HOL/Page?handle=hein.journals/bclr50&div=7&collection=journals&set_as_cursor=280&men_tab=srchresults&terms=%28%28copyright%29%29%7C%28%28copyrights%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/stflr62&div=13&collection=journals&set_as_cursor=29&men_tab=srchresults&terms=%28%22intellectual%20property%22%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/hlr123&div=41&collection=journals&set_as_cursor=22&men_tab=srchresults&terms=%28%22intellectual%20property%22%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/mlr109&div=10&collection=journals&set_as_cursor=255&men_tab=srchresults&terms=%28%28copyright%29%29%7C%28%28copyrights%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/wlr2011&div=23&collection=journals&set_as_cursor=446&men_tab=srchresults&terms=%28%28copyright%29%29%7C%28%28copyrights%29%29&type=matchall

http://heinonline.org/HOL/Page?handle=hein.journals/pnlr159&div=34&collection=journals&set_as_cursor=291&men_tab=srchresults&terms=%28%28trademark%29%29%7C%28%28trademarks%29%29&type=matchall

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/valr98&div=5&start_page=67&collection=journals&set_as_cursor=200&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/hulr48&div=33&start_page=823&collection=journals&set_as_cursor=205&men_tab=srchresults

http://heinonline.org/HOL/Page?handle=hein.journals/nclr88&div=17&collection=journals&set_as_cursor=264&men_tab=srchresults&terms=%28%28trademark%29%29%7C%28%28trademarks%29%29&type=matchall

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/uflr64&div=35&start_page=981&collection=journals&set_as_cursor=232&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/byulr2010&div=72&start_page=1425&collection=journals&set_as_cursor=235&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/uclalr57&div=47&start_page=1601&collection=journals&set_as_cursor=253&men_tab=srchresults

http://0-www.heinonline.org/HOL/Page?handle=hein.journals/glj100&div=60&start_page=2055&collection=journals&set_as_cursor=236&men_tab=srchresults

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1739008

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1739008




http://tsdr.uspto.gov/

http://ttabvue.uspto.gov/ttabvue/



http://tsdr.uspto.gov/#caseNumber= 87195766& caseType=SERIAL_NO&searchType=statusSearch

http://www.nytimes.com/

https://www.washingtonpost.com/

http://www.mercurynews.com/

https://www.bayarea.com/

http://www.deccanchronicle.com/

http://www.thehindu.com/

http://www.hindustantimes.com/

http://timesofindia.indiatimes.com/

http://www.ap.org/

http://www.reuters.com/

http://www.afponline.org/

https://www.theguardian.com/international

https://www.theguardian.com/international

http://www.pravdareport.com/world/

http://www.spiegel.de/international/world/

http://www.connexionfrance.com/

http://www.nobelprize.org/nobel_prizes/literature/laureates/1913/tagore-bio.html

http://www.vepachedu.org/Enter.html

https://www.youtube.com/watch?v=4XNUjnGqldw