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BirthTouch: Questions and Concerns

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sl geek academmy1
sl geek academmy1

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Groove Music lets you easily play your music collection and make playlists. Microsoft Movies & TV allows you to play your video collection and rent or buy movies and TV episodes. These services were formerly offered as Xbox Music and Video.


d. Any determination as to eligibility of a claimant as beneficiary or any request for evidence required in support of a claim will be made by the OSGLI. This office must also receive proof that a claimant is entitled to payment. If, for example, the payment in the order of precedence is made to parents and one parent is deceased, a certified copy of the death certificate for the deceased parent should be furnished. NOTE: If form SGLV 8283 was not furnished to the beneficiary, one may be obtained from the OSGLI, or any VA office. If the beneficiary has no tangible evidence of SGLI coverage, see paragraph 8.05.


a. If a principal beneficiary, otherwise entitled to payment of the insurance proceeds, does not make a claim for the proceeds within 1 year following the death of the insured, or if payment to such person within that period is prohibited by Federal law or regulation, payment may be made to the contingent beneficiary or in the order of precedence as set forth in paragraph 6.06 as if the person had died before the insured. Any such payment shall bar recovery by any other person.


b. If, within 2 years after the death of the member, no claim has been made by any person entitled, and neither VA nor the OSGLI has received any notice that such a claim will be made, payment may be made to any claimant that may be equitably entitled to the proceeds as determined by VA; and such payment will be a bar to recovery by another person.


As of December 17, 1998, AT & T had launched its new automatic e-mail notification service, calling it a You Have Mail! feature. The AT & T web page describing this feature is entitled YOU HAVE MAIL! in large bold print, and the text on this page read: "The `You Have Mail!' feature provides an automatic e-mail notification when you visit the AT & T WorldNet Service home page. A pop-up window tells you how many messages are in your e-mail inbox and gives you easy access to our web-based e-mail interface. In addition, you're able to access other AT & T WorldNet Service functions and view the latest web site features. Using `You Have Mail' does not affect your ability to use your e-mail software to download messages whenever you wish." When a user has e-mail, the AT & T pop-up window text reads: "Hi, [NAME]! You have [#] messages." The pop-up window mentioned by AT & T has a title bar that reads: "AT & T WorldNet Service You Have Mail." As of December 17, 1998, the public website promotion for the new serviced included the words "You Have Mail!" next to a picture of an old-fashioned U.S. mailbox.


On December 18, 1998, a new Warner Bros. movie entitled "You've Got Mail" opened nationwide. AOL licensed its YOU HAVE MAIL word, YOU'VE GOT MAIL spoken mark, mailbox logo, IM mark, and BUDDY LIST mark to Warner Bros. for use in connection with this movie. All of these marks are frequently seen and heard in the film.


AOL responds that under settled case law, whether a trademark is generic is strictly a question of fact which can be resolved on summary judgment only if there are no disputes about the material facts. AOL says that the real test of whether marks are generic is whether competitors would be "rendered speechless" without the ability to use the terms. Because AT & T itself weighed more than 100 available names for its services before it decided to infringe YOU HAVE MAIL, YOU'VE GOT MAIL, IM, and BUDDY LIST, and because other competitors have found it easy to use non-infringing terms to describe their services, AOL maintains that not only is summary judgment in favor of AT & T inappropriate, but that as a matter of law AOL should be entitled to summary judgment. It is AOL's contention that YOU HAVE MAIL, YOU'VE GOT MAIL and BUDDY LIST are suggestive marks, and




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