#eh101

[pacosemnoticias]

Barco de pesca afunda-se nos Açores, mas os tripulantes foram socorridos

Uma embarcação de pesca afundou-se na noite de segunda-feira, a cerca de 12 milhas a sul da ilha do Faial, mas os tripulantes foram resgatados com vida, disse à Lusa o capitão do porto da Horta.

“A embarcação estava parcialmente submersa e os quatro tripulantes já estavam nas balsas salva-vidas, quando foram recolhidos por um outro barco de pesca que se encontrava nas imediações”, explicou Gomes Brás, adiantando que os homens foram depois encaminhados para o porto da Horta.

A embarcação, registada na ilha de São Miguel, de onde são também oriundos os quatro tripulantes, chamava-se “Mestre Zangão”, e terá sido surpreendida pela ondulação e pelo vento forte que se fazia sentir no local.

Além do barco de pesca “Manuel de Arriaga”, que socorreu os tripulantes, também estiveram envolvidos nas operações de busca e salvamento, uma embarcação salva-vidas, do porto da Horta, e um helicóptero “Merlin” EH101, da Base Aérea das Lajes, na ilha Terceira.

[pjvmartinsphotography]

19610 FAP AgustaWestland EH-101 Merlin.

45th anniversary of the Portuguese Air Force #751 Squadron, primary mission is SARS.

#instagramaviation #eu_spotters #instaaviation #aviation_lovers #aviationlovers #helicopter #instahelicopter #instaplane #planespotting #aeropotters #theaviationlovers #aviationdaily #megashot #megaplane #helicopter #eh101 #eh101merlin #milstagram #augustawestland #helicopterphotos #helicopterphotography #avistionphotography #aviationphotograher #photooftheday #militaryaviation #sar #searchandrescue #emergencyservices

[cleared4to]

#royalnavy #eh101 #unitedkingdomroyalnavy #uknavy #britishroyalnavy at #madeiraairport #marinhainglesa #cristianoronaldointernationalairport (at Cristiano Ronaldo International Airport)

[fireinhorizon]

EH101 Merlin https://t.co/T8eNUWuL0T

[airmanisr]

EH Industries EH101 'IOI' (G-OIOI / ZJ116 by Alan Wilson Via Flickr: c/n PP8. First flew 24th April 1990 as 'G-OIOI' and used for trials in a civilian colour scheme, although in 1995 she was also allocated the British military serial 'ZJ116'. Her final flight was in October 2001 and she was then used for C-17 Globemaster loading trials until moving to Hendon in November 2002. She is seen on display in Hangar 4. RAF Museum London. Hendon, Greater London, UK 3rd October 2020

[virtualitalianaviation-blog]

View this post on Instagram

A post shared by UAS FLYING FOXES (@games_of_drone)

#aviazione_virtuale_italiana #fsx #flight_simulator #instaaviation #fsxpilot #flightsim #pilot #instaplane #instapilot #aircraft #aviation #aviationlovers #aviationgeek #avgeek #avgeeks #aviation #pilotseye #piloteyes #instagramaviation #aviationgeek #Eh101 #marinamilitare #Venezia (presso Venezia, Italia) https://www.instagram.com/p/BqQWTH9AbUL/?utm_source=ig_tumblr_share&igshid=215rclbdujiv

[000-fff]

"Ralph Waldo Emerson once asked what we would do if the stars only came out once every thousand years. No one would sleep that night, of course. The world would create new religions overnight. We would be ecstatic, delirious, made rapturous by the glory of God. Instead, the stars come out every night and we watch television."

[hblayer]

#helicopter #over #plane @fap_oficial @tapairportugal #terceira #island #azores #travel #merlin #eh101 #clouds #sky #fly #flight https://www.instagram.com/p/CGCqixejZ7o/?igshid=jl3srpw3vaix

[californiaprelawland]

Pattern Company Unicolors Against Swedish Fashion Giant H&M In Copyright Dispute

By Rabbani Kaur, Chapman University Class of 2024

January 25, 2022

In 2011, pattern-making company Unicolors Inc. applied for copyright registration using a single file to register thirty-one graphic designs as part of a new collection including two-dimensional artwork called “EH101,” and the U.S. Copyright Office approved it. However, nine of those designs were kept for exclusive access to specific customers, hidden from the public for some time. In 2015, the fast fashion giant H&M released a jacket and skirt with their new art design called “Xue Xu” to the public. [1]

Upon discovering this, Unicolors filed a copyright case in April 2016 in the District Court of Central California accusing the retail company of infringing upon one of their geometric patterns with their new clothes that looked almost identical to “EH101.” [2]

Below is a photo of Unicolors’ pattern and H&M’s jacket.

Photo Credits: The Fashion Law Article

In December 2017, the two companies went to court. H&M argued that Unicolors’ application holds no power due to its invalidity, as they knowingly filed a single copyright application improperly for thirty-one separate pieces. The fashion brand stated that the falsification of information concerned Unicolors’ decision to not publish all thirty-one designs to the public at the same time, knowingly confining nine of them to exclusive customers. [3] The district court stated that evidence regarding intent to defraud must be presented to prove that the copyright application is invalid. No such evidence was found. Thus, the jury found H&M guilty of willfully copying Unicolors’ pattern, and the brand was forced to pay the pattern company $846,720 in damages, attorney’s fees, and costs. However, H&M appealed soon after. [4]

In May 2020, the Ninth Circuit reversed the compensatory damages on the grounds that evidence of intent-to-defraud is not required for proving registration invalidation based on a precedent case: Gold Value Int’l Textile, Inc. v. Sanctuary Clothing, LLC. Additionally, the district court failed to adhere to Section 411(a) and (b) of the Copyright Act which requires informing and questioning the Copyright Office if registration would have been refused had they known the file contained inaccurate information. The Copyright Office has a rule that the registration of a collection of works must be published as a single unit. Unicolors’ team agrees that if there was ignorance of copyright law, they must succumb; but they reason that they listed all thirty-one designs under one file according to their understanding of current copyright law in good faith. Thus, evidence of intent-to-defraud is required, because a copyright registrant may not understand if certain facts filed are inaccurate, unless they intend to, as most of them are not lawyers and prone to make mistakes. H&M’s team counters their argument by simply stating that “knowledge” is enough to invalidate a document, since Section 411 does not state the term “fraudulent” explicitly. In objection, Unicolors claims the Ninth Circuit erred in citing their precedent case which resulted in the decision that “only a mistake of fact can serve as a defense to Section 411’s “knowledge” requirement.” [5]

Below is Section 411 from the Copyright Act for reference.

In January 2021, Unicolors filed a petition for the Supreme Court to hear this case stating that it is “ripe for review” based on first impression. Precedents play a crucial role in the courtroom as judges are required to make decisions based on previous rulings most of the time, but this exact issue has not been addressed before in that court’s authority. [6] The company emphasized that disputes concerning copyright registration errors can surface from many factors, especially unclear guidance and misunderstandings about the rules. Complexities in the copyright registration process must not invalidate the registration entirely unless those mistakes were made in bad faith. This raises the question of whether good faith errors do hold the power to invalidate copyright registrations? [7]

In June 2021, the Supreme Court granted a certiorari agreeing to hear this case, and the oral argument was set for November 8, 2021. The Supreme Court had to consider the Ninth Circuit’s precedent citing and address if the district court should have informed the Copyright Office when concerns were raised regarding the validity of a registration, even when there is no evidence of fraud from the applicant.

The Supreme Court has not reached a decision yet but is expected to issue one by June 2022. This decision will significantly impact the strength of copyright registrations and how susceptible applicants will be to validity attacks based on misunderstandings and lack of clarity. [8] Many copyright applications are filed by lesser-known businesses and creators, hence mistakes in good faith are prone to happen as not everyone is familiar with the complexities of the legalities involved. Allowing good-faith errors to invalidate copyright registrations can pose many risks to these smaller businesses and creators. There have been many instances in the fashion industry where globally known corporations have copied lesser-known companies’ creations. Making it easier to terminate an applicant’s copyright registration can discourage them from protecting and fighting for their unique creations further. [9]

_____________________________________________________________

Rabbani Kaur is currently a sophomore at Chapman University studying Creative Producing at Dodge Film School with a minor in Law & Liberal Arts. She plans to attend law school once she completes her Bachelor of Fine Arts in 2024, with the intention of becoming an entertainment lawyer.

____________________________________________________________

[1]  https://www.oyez.org/cases/2021/20-915

[2] https://www.thefashionlaw.com/supreme-court-will-take-on-the-copyright-case-between-fabric-maker-unicolors-and-fast-fashion-giant-hm/

[3] https://www.thefashionlaw.com/a-copyright-case-that-pits-hm-against-fabric-company-goes-before-the-supreme-court/

[4]  https://www.oyez.org/cases/2021/20-915

[5] https://www.law.cornell.edu/supct/cert/20-915

[6] https://www.thefashionlaw.com/supreme-court-will-take-on-the-copyright-case-between-fabric-maker-unicolors-and-fast-fashion-giant-hm/  

[7]  https://www.thefashionlaw.com/a-copyright-case-that-pits-hm-against-fabric-company-goes-before-the-supreme-court/

[8]  https://ballotpedia.org/Unicolors,_Inc._v._H%26M_Hennes_%26_Mauritz,_LP#Background

[9]  https://www.law.cornell.edu/supct/cert/20-915

[pacosemnoticias]

Tripulante ferido resgatado de veleiro nos Açores

O tripulante de um veleiro que se encontrava a mais de 1.100 quilómetros a sudoeste da ilha do Faial, nos Açores, foi resgatado na quarta-feira, por apresentar lesões na sequência de uma queda, segundo foi revelado esta sexta-feira.

Em comunicado, a Marinha explica que o tripulante estava a bordo do veleiro "Helios", com bandeira de França, mas teve de ser retirado "na sequência de uma queda", que lhe provocou uma "lesão na cabeça, seguida de perda de consciência e memória".

A operação de resgate foi coordenada através do Centro de Coordenação de Busca e Salvamento Marítimo de Ponta Delgada (MRCC Delgada), desde o início da tarde de quarta-feira.

A embarcação encontrava-se "a 600 milhas náuticas, o equivalente a mais de 1.100 quilómetros, a sudoeste da ilha do Faial", segundo a Marinha.

O resgate foi concretizado ainda na quarta-feira, às 19h01, pelo navio tanque "CMA CGM Fortdefrance".

O tripulante foi posteriormente transportado por uma aeronave EH101 da Força Aérea Portuguesa para o aeroporto das Lajes, na Terceira, onde aterrou na noite de quinta-feira.

O paciente "foi diagnosticado com traumatismo craniano tendo sido posteriormente transferido para unidade hospitalar", adianta ainda a Marinha.

[pjvmartinsphotography]

HB21 FAP BA Nº11 LPBJ - Beja 19610 FAP AgustaWestland EH-101 Merlin. #instagramaviation #eu_spotters #instaaviation #aviation_lovers #aviationlovers #helicopter #instahelicopter #instaplane #planespotting #aeropotters #theaviationlovers #aviationdaily #megashot #megaplane #helicopter #agustawestland #eh101 #milstagram #merlineh101 #agustawestlandeh101 #helicopterphotos #helicopterphotography #avistionphotography #aviationphotograher #photooftheday #hotblade #hotblade2021 #hb21 #militaryaviation (at Base Aérea N°11) https://www.instagram.com/p/CRmPS2Ts-4i/?utm_medium=tumblr

[airmanisr]

Westland WG.30 TT300 ‘G-HAUL’ by Alan Wilson Via Flickr: c/n 020 Built 1986 and test flown as G-17-22. Used by Westlands as a development and demonstrator aircraft for a military variant of the WG.30. None were ordered and G-HAUL joined the museum in April 1991 The Helicopter Museum Weston-super-Mare, North Somerset, UK 2nd October 2020 The following information is from The Helicopter Museum website:- “The Series 300 version of the WG-30 was developed from the original Series 100 for the battlefield transport role. Development was launched in 1982 with £41 million government aid, initially with an interim Series 200 aircraft and then this prototype registered as G-HAUL. Series 300 introduced more powerful Rolls Royce Turbomeca RTM 322 engines, an uprated gearbox, new bolted titanium five-bladed main and tail rotor hubs with new profile blades, a crashworthy undercarriage and fuel system, an all-plastic tail plane unit and other changes to considerably increase payload, performance and safety. The engines and main gearbox were mounted on a vibration-absorbing raft with elastomeric suspension units for reduced noise, and its maximum takeoff was increased with composite BERP rotor blades. A glass cockpit was proposed as an option. This example (G-HAUL) was the only Series 300 built, proposed to meet a Royal Air Force requirement to succeed the Wessex and Puma, and shown at the 1986 Farnborough Air Show. It continued to be used to test the new main gearbox and for demonstration flights until March 1987, when development was abandoned after the RAF chose the larger EH101 instead, and no other interest was forthcoming.”

[dungtranmilitary]

The life of AgustaWestland AW-101 began in the 1970s of the last century, when the whole world was engrossed in the arms race of the Cold War. As an important member of NATO, the British and Italian Navy were now seeking a more modern anti-submarine warfare option to replace their aging Sikorsky H-3 Sea King platforms, to counter deal with advances in Soviet submarine technology. Agusta and Westland have worked together to develop the EH101 project and set up a new company under common ownership.

In 1985, a mock-up helicopter was first introduced at the 1985 Paris Air Show. The new helicopter was designed to be flexible, which could be customized to meet the needs of various civilian or military customers. The EH-101 Merlin first took off in 1987 and was officially put into use by European countries in 1999. In 2000, Westland and Agusta merged to form AgustaWestland, resulting in its current name of the helicopter.

[virtualitalianaviation-blog]

#aviazione_virtuale_italiana #fsx #flight_simulator #instaaviation #fsxpilot #flightsim #pilot #instaplane #instapilot #aircraft #aviation #aviationlovers #aviationgeek #avgeek #avgeeks #aviation #pilotseye #piloteyes #instagramaviation #aviationgeek #Eh101 #marinamilitare #Venezia (presso Venezia, Italia) https://www.instagram.com/p/BqQVtRlgGTW/?utm_source=ig_tumblr_share&igshid=18sjt7o5lifkb

[wezg]

Agusta Westland EH101 Merlin/Heliliner (at The Royal Air Force Museum, London) https://www.instagram.com/p/B4pZXCVHlCW/?igshid=ixra7qgcpswf