![]() ![]() The Court thus DENIES W4's Motion to Dismiss. ![]() The Court finds that Plaintiffs may allege protectable trade dress in their website design and that they have also stated actionable claims for contributory trade-dress infringement, unfair competition, and fraud. Plaintiffs allege that W4 disclosed this confidential information to Defendants Gulf Rayz Media, LLC and Andrew Jensen for their use in developing a nearly identical website for SlimBlastFast-a competing product-notwithstanding W4's exclusive marketing agreement with Lepton Labs. This action arises out of W4's alleged misappropriation of Plaintiff Lepton Labs, LLC's trade-secret and trade-dress information relating to AllDaySlim, a dietary supplement sold by Plaintiffs.Similar colors, sizes, and layouts make navigation and interaction facile.” Conference Archives, Inc. It offers a familiar interface, with recognizable elements. As one court explained in recognizing a website's design as protectable trade dress, “Like the packaging of a product, the look and feel of a web site invites the user in. Ice.com, Inc., 478 F.Supp.2d 1240, 1244 (W.D.Wash.2007) (“efendant has cited no authority for proposition that plaintiff cannot qualify its trade dress description as one seeking protection for the ‘look and feel’ of its website in response to a motion to dismiss.”). Courts have generally held that a website's “look and feel” can be trade dress. But the courts to have considered the issue have more or less agreed that website design can rise to the level of trade dress under certain circumstances. July 24, 2013) (questioning “whether it is appropriate to ever give websites trade dress protection, because, unlike a product on a shelf, in order to access a website, a user must either know the URL or type a query into a search engine (and, thus, select a website without first seeing its ‘look and feel’)”). Whether a website's design can constitute protectable trade dress under the Lanham Act is a fairly unsettled issue.So long as a plaintiff has alleged a complete recitation of the concrete elements of its alleged trade dress, it should be allowed to proceed. A court must test the legal merits of a plaintiff's alleged trade dress at summary judgment or trial when the parties provide with all relevant, admissible evidence-not at the pleading stage when the court has little more than the plaintiff's allegations and the defendant's summary denial of them. But granting a dismissal motion based upon that belief would turn the litigation process on its head. A defendant may very well believe that a plaintiff's cataloging of website features in the complaint does not make out a claim for protectable trade dress. While a plaintiff cannot adopt a shifting-sands approach to pleading its alleged trade dress, it is also difficult to require the plaintiff to essentially prove-as opposed to simply allege-that its trade dress satisfies all of the essential elements at the pleading stage.Future lepton scattering experiments will also be discussed. PRad Experiment aims to resolve the “proton radius puzzle” by extracting the proton charge radius from a high precision inclusive measurement of unpolarized electron-proton scattering. It tests predictions of Chiral Effective Field Theory regarding the neutron spin structure through various sum rules. E97-110 measures the asymmetries from longitudinally-polarized electrons scattering off a longitudinally or transversely polarized Helium-3 gas target. In this talk, I will present details of two experiments, E97-010 (Hall A, Jefferson Lab) and PRad (Hall B, Jefferson Lab), that study the nucleon structure with inclusive measurements of electron scattering. The nucleon can be viewed as a natural test lab with confined quarks and gluons, and thus the knowledge about its internal structure is critical to understand low energy QCD. ![]() However, many essential questions regarding the confinement of quarks and gluons remain in the non-perturbative region. ![]() Quantum Chromodynamics (QCD), the fundamental theory of strong interaction in terms of quarks and gluons, has achieved great success from experimental tests at high energies, where perturbative calculations can be carried out. ![]()
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