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They say that a picture is worth a thousand words. Yes, we've all heard that maxim before, but rarely does it ring so true as it does regarding the trademark case between Nestle, the candy giant, and FortiFX, much smaller makers of Fit Crunch bars. Fit Crunch bars appear to be marketed as a healthier option compared with traditional candybars. Nestle took notice of the name of the Fit Crunch bars and has claimed the name and, more importantly and central to their claim, the packaging in which they're sold, is trademark and trade dress infringement.

According to Nestle USA, which claims that Pervine's "remarkably similar packaging in combination with the confusingly similar trademark" is causing the world's biggest food company "irreparable harm", the likelihood that consumers will confuse the two products is heightened by the fact that the products are being sold to "the same consumers, in the same stores".
Writers note: as always, I want to thank Food Navigator USA for forcing me to type these pull-quotes out, because simply trying to copy/paste the relevant text generates a popup telling me all about how the text on the site is copyrighted and I may not make use of it. Except that I can, because my use falls under fair use, so Food Navigator USA can suck it.

Anyway, the fact that both bars contain the word "crunch" seems in and of itself to fail to meet the bar for trademark infringement. After all, the term is simply referring to the descriptive nature of the foodstuffs of the product, in that they crunch when eaten. Instead, the trademark infringement claim therefore has to be considererd alongside the trade dress infringement claim. And that claim rests on Nestle's description of the packaging of both products. According to Nestle's filing, "Pervine appears to have outright copied every key element of Nestle's CRUNCH Trade Dress."

As I said, a picture is worth a thousand words. Here are your outright copied packages and trade dress:

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The problem is that most people do not think about security and thus will not demand that in products. So the market place will not demand such.

Thus in the future with IoT, we will soon see a lot of stuff, the current small scale thing is just the beginning.

In the long run I expect there will be laws and liabilities, but that is still a long way off at this point.

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$165.00
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All season, Mr. Robot has differentiated itself from most other shows on TV. From its unique point of view — it's literally told from inside the head of its main character — to its commentary on current events (cyber terrorism, the fall of counterfeit heroes, etc.), USA’s groundbreaking summer drama has been nothing short of thrilling. Creator Sam Esmail’s feature-script-turned-TV-show traffics in boldness, in terms of both how it’s shot and its content — which makes Mr. Robot refreshingly original entertainment.

Wednesday night’s finale — the latest twist in a season full of bumps and turns — was yet another reminder of that. We’ve spent the past 10 episodes ingrained in the mind of our jittery, morphine-addicted and somewhat maniacal protagonist Elliot Alderson (Rami Malek), watching step-by-step as he and his team of keyboard-pounding cyber-vigilantes — poignantly dubbed “FSociety” — put forth a comprehensive plan to rid the world of debt.

To do so, Elliot and his team of Ethernet experts aim to hack and destroy all of super-conglomerate E Corp’s archived data. But just as the show was careening toward a grandiose adventure about taking down the big, bad E Corp, Esmail skipped the entirety of it — making Mr. Robot’s first season finale a game of mystery and catch-up.

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Posted by on in Engadget

Game-tech powerhouse Epic Games and its Unreal Engine are capable of some seriously impressive stuff, and now the North Carolina-based outfit wants you to experience what it's capable of in the virtual reality space. "Showdown" is the demo that the outfit's been showing off at industry events for the past year or so (I got to try it at CES back in January) and it's by far the most bad-ass bullet-time walk toward a hulking, missile-happy, bipedal robot I've ever experienced. The path is predetermined, sure, but as the street explodes into chaos around you, it's entirely possible to duck down or peer around objects like pop cans or even cars as they hurtle toward you in slow motion.

Epic says that the "project and all its assets" are available for immediate download and it's compatible with the Oculus Rift Dev Kit 2 and beyond as well as Sony's Project Morpheus, and the HTC Vive Steam VR setup. Oh, and it's free.

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Qualcomm's introducing its Snapdragon 820 processor using the latest and most annoying trend in tech: dribble out one small detail at a time over the span of weeks. We've already heard about the GPU/ISP and the DSP, and now Qualcomm is talking about the Kyro CPU. Unfortunately, the blog post in which it details the CPU is thin on details.

The Snapdragon 820 is said to be optimized for "heterogeneous computing," one of the latest buzzwords in CPUs. It's a fancy way of saying "the CPU is made to divide up tasks between it and specialized hardware like the GPU, DSP, or image processor instead of doing everything by itself." Without any details about exactly what is going on inside the processor, it's a fairly meaningless buzzword.

Qualcomm says it's "Symphony System Manager" makes all the various parts of the Snapdragon 820 work together for higher performance and lower power use. But mobile processors have had sophisticated hardware to manage the power and performance of CPU cores and the GPU and DSP and such for quite some time now. The company didn't go into detail about exactly how the Symphony System Manger works, and what makes it different than the similar hardware on its previous chips.

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Posted by on in RE/Code

Twitter has promoted Jeff Seibert, the man who’s been running the company’s developer products for over a year. He will be the company’s new head of consumer product.

Twitter Senior VP Kevin Weil will still oversee all product at the company, which includes ad products, developer products and other consumer stuff like Vine and Periscope. But Seibert will now run the core Twitter product under Weil, which means Weil won’t be as involved as before. Senior Director of Engineering Rich Paret will take over Twitter’s developer products.

A company spokesperson confirmed the move. “We’re lucky to have a number of strong product minds at Twitter and I couldn’t be more excited to have Jeff on my team focused on the core Twitter experience,” Weil said in a statement provided to Re/code.

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Posted by on in Lifehacker

The Moonshot Desktop

This Windows 10 desktop is super simple, but everything just fits. Part of it is because Victor is using it on a 60” TV, but its lack of widgets and toggles doesn’t make it any less useful and good looking. Here’s what you’ll need for a similar look.

Luckily, you don’t need Windows 10 to make this work, but we can tell that’s what Victor is running. After all, the whole thing here is really just a good-looking wallpaper and some replacement taskbar icons. Here they are:

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Comet Hitchhiker is a cosmic gypsy.

NASA/JPL-Caltech/Cornelius Dammrich

Traveling around space can be hard and require a lot of fuel, which is part of the reason NASA has a spacecraft concept that would hitch a free ride on one of the many comets and asteroids speeding around our solar system at 22,000 miles per hour (on the slow end).

Comet Hitchhiker, developed at NASA's Jet Propulsion Laboratory and presented this week at the American Institute of Aeronautics and Astronautics' Space conference, would be a quirky little spacecraft that reminds me simultaneously of "Moby Dick," "The Hitchhiker's Guide to the Galaxy" and microgravity parkour.

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Intel Is Putting Its Promising Skylake CPUs Inside Smartphones

Intel’s new Skylake processors fit inside practically any computer. Soon, you’ll be able to get one inside a PC-on-a-stick. But it turns out that Core M computers can get even smaller still. Intel says it’s already testing the new processors inside smartphones too.

As noted by Engadget, Intel’s Kirk Skaugen let slip that the company is working on putting Core M chips inside “phablets” when he gave his keynote at IFA 2015 in Berlin earlier today. And while you may not personally want a phablet in your pocket, it could be very good news for people looking to have a single computer they carry around everywhere.

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Further Reading

PhantomAlert, a company that makes a Waze-like traffic smartphone app, has now sued its better-known rival for copyright infringement.

The Washington DC-based company argues in a Tuesday filing that after a failed data-sharing deal between itself and Waze collapsed in 2010, within two years, Waze apparently stole PhantomAlert’s "points of interest" database.

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Posted by on in TechCrunch

I could try to tell you about Clips. I could explain how it was created by startup Fly Labs, or I describe how it makes it easy to combine clips on your iPhone into a single video, then add music, voiceover and effects.

But you know what sounds more fun? Going to the park with CEO Tim Novikoff, helping him to shoot some footage and watching him edit it all together with Clips. So that’s what we did. (We could have tried to edit the whole demo video in Clips too, but that would probably have been taking things too far.)

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Posted by on in Wired
GettyImages-172772242 Getty Images

Bloomberg News is going through some big changes.

The company laid off dozens of journalists yesterday. And in a leaked internal memo, the business news behemoth outlined how it will be reorganizing in an effort to both capitalize on its strengths and further adapt to the continually changing media landscape.

“This is not about downsizing; it is about refocusing our considerable resources,” editor-in-chief John Micklethwait wrote in the memo. “Our purpose is to be the definitive ‘chronicle of capitalism’—to capture everything that matters in global business and finance.”

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The Sony Xperia Z5 features an incredible Ultra HD display, a 23-megapixel camera, a waterproof chassis, and a two-day battery life. Yet its 4K display is the real stunner.
10 Fantastic iPhone, Android Apps For Museum Visits

10 Fantastic iPhone, Android Apps For Museum Visits

(Click image for larger view and slideshow.)

BERLIN -- On Wednesday at the IFA show here, Sony revealed a broad range of new products, but none was more impressive than the Xperia Z5, its flagship smartphone for the year. The device boasts a premium design, comes in two sizes, and features a spec list that's sure to tempt even the most devout iPhone and Samsung Galaxy owners.

The Xperia Z5 takes direct aim at competing models from Samsung, Apple, HTC, and LG -- and it might beat some of them.

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Posted by on in Tech Deals
$43.50
End Date: Friday Oct-2-2015 15:09:38 PDT
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  Google is reportedly planning to host a Sept. 29 press event in San Francisco, at which it will reveal two new Nexus smartphones running Android 6.0 Marshmallow.

2014's Nexus 6.image

2014's Nexus 6.

The first phone is built by LG, while a second one is larger and made by Huawei, sources told CNet. Past rumors have pointed to the LG device being an upgraded, 5.2-inch Nexus 5, and the Huawei product measuring 5.7 inches.

The devices may also have rear-mounted fingerprint sensors and USB Type-C ports.

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It’s always good to be prepared when you’re trekking out into the wilderness, but survival gear can take up all of your space that’s better served for tasty things like sandwiches. This custom five-in-one survival watch has you covered.

You may never get thrust into a survival situation, but in case you do, there are some items and skills that will help keep you alive. This watch from YouTuber and Instructables user KyleTheCreator provides you with the date and time, a compass, a fire starter, a whistle, and a simple knife blade. Everything is easily secured on the watch, and the whole thing only costs about $20 to make. Not bad for a useful piece of all-in-one survival gear. You can see how to make your own in the video above, and get a materials list at the link below.

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pentecopterus

Researchers have found an ancient arachnid under layers of shale in Iowa: the Pentecopterus decorahensis. In short: it’s a giant sea scorpion.

Before arachnids made their way onto land, they scuttled around in the sea in the form of eurypterids, which resemble modern-day scorpions in appearance and have ties to modern-day spiders. The details concerning the Pentecopterus remains were described in a recent study. Researchers write they found the Pentecopterus in Iowa’s Winneshiek Shale. The study’s lead researcher, James Lamesdell, a postdoctoral associate at Yale University, described the creature in an interview with CNet:

“The new species is incredibly bizarre. The shape of the paddle–the leg which it would use to swim–is unique, as is the shape of the head. It’s also big–over a meter and a half long.”

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Posted by on in The Verge

The hottest app in town is called Rand. It's like Uber, but for photos of you and Rand Paul.

The app, released earlier today, includes a meme generator, a selfie booth, videos, news, a button labeled "Chip in five bucks now!" and a series of inquiries about your opinions on decisions made by the Obama administration.

This app does almost nothing to cool my frustration with how so many GOP candidates are hell-bent on marketing themselves as approachable to youths by crudely mimicking internet culture (and avoiding answering questions about issues that are important to them).

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