THE DAILY BLADE: Chambliss Win Keeps Repubs In The Game

AK Gov. Sarah Palin, former MA Gov. Mitt Romney and former NYC Mayor Rudy Giuliani beat former President Bill Clinton, former Vice President Al Gore and the rapper Ludacris (apparently a stand-in for president-elect Barack Obama who phoned it in with robocalls), and Saxby Chambliss (R) won a second term, prevailing over challenger Jim Martin (D) by 57.5 percent to 42.5 percent with 96 percent of the state’s precincts reporting their results. This victory robs Dems of a 60-vote supermajority in the Senate, enabling the minority Repubs to remain relevant by preserving their ability to filibuster left-leaning legislation. One reason the margin between the two men was so large is that overall turnout -  particularly black voters – was significantly lower than on Election Day – just over two million vs. three million.

 

The outcome of the MN Senate race between incumbent Norm Coleman (R) and challenger  “comedian” Al Franken (D) remains very much up in the air, and the results of the state-mandated recount may not be determined for weeks. More than 6,000 ballots have been disputed, 12,000 absentee ballots have been rejected and 171 previously uncounted ballots mysteriously turned up.

 

 

At No Time Is A Cohiba Just A Cigar: Court

 

For 11 years, Cubatabaco, the Cuban government-owned company that makes Cohiba cigars (last item), has tried to stop U.S. company, General Cigar Co. from calling several brands of its premium cigars that are made in the Dominican Republic “Cohiba.” 
 

It’s been a rollercoaster ride, reports New York Law Journal. At first, a 2004 court ruling found that Cubatabaco had a protected right to the "Cohiba" name under the "famous marks" doctrine, but could not pursue its claim in NY because it failed to establish “bad faith’ on the part of General Cigar Co. The following year an appellate court dismissed the case on the grounds that the U.S. trade embargo of Cuban goods negated the "famous marks" doctrine and that General Cigar's registration of the "Cohiba" name with the U.S. Patent and Trademark Office in 1981 and 1992 took priority.

 

After a 2007 ruling by the New York Court of Appeals in a case involving an Indian corporation that owned the five-star Bukhara restaurant in New Delhi and U.S. restaurant company ITC Limited that had a similar fact pattern, Cubatabaco moved to reopen and reverse the 2005 judgment. In the restaurant case, the court ruled that a state claim for unfair trade can be established if a defendant deliberately uses a name to misappropriate a foreign plaintiff's well-known reputation and good will and consumers associate the name with the plaintiff. The “bad faith” requirement being removed from the equation revives Cubatabaco’s efforts to enjoin General Cigar Co. from using the name “Cohiba” for its products.

 

 

CAUTION: Whales Crossing

 

On December 9th a new regulation goes into effect that limits the speed of ships within 20 miles of shore during the migratory season of the endangered North Atlantic right whale to just 10 knots, or 11.5 mph, reports The Washington Post:

 

That's a critical problem this time of year, when pregnant females cruise south from the cold waters off Canada and New England to the warm nursery off the southeastern U.S. seaboard. It's a journey of 1,500 miles or so, through some of the busiest shipping lanes in the world.

 

"It's an incredible gantlet that they have to run," said Marilyn Marx, a whale researcher at the New England Aquarium in Boston. "When you look at the migratory paths of right whales and you see how many shipping channels they have to cross, it's amazing that any of them are alive today." …

 

Today there are an estimated 400 North Atlantic right whales, still a precarious number. One year recently the population produced only a single calf, Marx said. In another recent year, six calves survived but six other whales died in shipping accidents, she said.

 

The Fearless Leader Of The Manatees (below, left) issued a statement praising the new regulation to protect the whales from high-speed collisions with ships during the migratory season.  

 

 

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