Hq network
For details, see Constraints. For example, each tenant network uses the hub-spoke topology, and tenants communicate with each other through the underlay network. Hub site HQ site deployment Hub site selection If an enterprise has two HQs, it is recommended that the two HQs function as the active and standby hub sites to enhance reliability.
If an enterprise has only one HQ, it is recommended that the HQ function as the active hub site and one large branch function as the standby hub site to enhance reliability. To ensure reliability, you are advised to deploy two hub sites and deploy two CPEs of the same model as gateways in each hub site.
Device quantity Two CPEs must be deployed at each hub site to ensure reliability. You need to deploy two CPEs at each hub site. The television network returned to the ShopHQ name effective August 21, [11] which the company used between and , with the cited reason being market research suggesting confusion with the "E" name being confused for an entertainment news brand such as E!
The company announced plans to launch a Spanish-speaking shopping channel called LaVenta Shopping Network, along with the male-focused Bulldog Shopping Network, itself a rebranding of evine TOO, a timeshift channel with only minimum cable distribution. A new concept around health and wellness products including surgical masks , both disposable and cloth called ShopHQ Health was launched within weeks of the pandemic and soon became the network space's main concept, and became its new official branding on September 1.
The logo was used from to and the name was retired in Logo for when the network's prior ShopHQ iteration from to Evine's logo from to ; for its first year under Evine Live, it was rendered in the same form, except in an abstract design consisting of strips of varying colors vertically rendered in various red, orange and pink shades, and the text in white; the "e" on the right was also rendered backwards.
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The goods and services sought to be offered, however, are in all respects identical. The Court has little doubt that Executive would offer services identical to Network had it the same available capital. The third and fourth factors are the relationship between the parties' channels of trade and the relationship between the parties' advertising.
Here the relationship is entirely congruent, though Executive's advertising is far more limited than that of Network. While the extensive advertising of Network garners for it a much broader goodwill and a much greater acceptance in the marketplace than the advertising of Executive, they both use the Boston Globe, and they use it in a similar fashion.
Indeed, because Network advertises so frequently, the advertisements of Executive are frequently side by side with those of Network. Moreover, the class of prospective purchasers appears to be identical. The universe of prospects for Executive are likewise people who are within the market that Network is trying to reach. It may be that Network is trying to reach a broader market, a more upscale market; but on this record there are no legally material differences in their targeted markets.
Network's prices are higher than those of Executive and Network has a number of business centers in a variety of locations. It has a center, for instance, on Milk Street in the very heart of the Boston financial district; it also has a center at the World Trade Center, a desirable location for various international commercial activities in and about the Port of Boston.
Network thus seeks to serve a broad array of small and medium-sized businesses as well as major corporations. Of course, Executive would like to serve the entire market but, since it only has one location and more limited resources, it cannot and, therefore, does not.
In sum, Network and Executive are attempting to serve the same market. Under Astra Pharmaceutical Products, Inc. The market here is not comprised of people buying hairspray. The people who buy business center services are relatively sophisticated; that is, they know that they are entering into a lease of real property, a transaction which in Massachusetts is bounded by the most careful statutes, with a complicated recordation process and, indeed, a specialized court of national reputation the Massachusetts Land Court devoted precisely to real property issues.
Thus the prospective and actual purchasers of the services of both Network and Executive are at least relatively sophisticated businesspeople individual entrepreneurs or employees of larger entities who, either on their own behalf or because it is required of them as business managers, are most concerned about the bottom line as well as all the other prudent business judgments which one would be expected to make in leasing property and services. This is therefore not a case involving the spending of discretionary income on the primary basis of slick brochures and fancy advertising.
Here the prospective buyer appears to investigate the value of the services to be rendered. As to the sixth point, actual confusion: It's clear that Network need not show actual confusion in order to prevail on its claim of service mark infringement. Mere likelihood of confusion is enough.
Actual confusion, however, is highly persuasive of the point. McDonald's Corporation v. McBagel's Incorporated, F. Here, the so-called evidence of actual confusion is too vague and evanescent to form a credible basis for the conclusion that when this rude man spoke to Ms.
Whelchel there was actual confusion between Executive's services and that of Network's. That one instance is not, in this Court's judgment, persuasive evidence of actual confusion. As to the seventh point, the defendants' intent in adopting the mark: Here Mr. Keating was aware of Headquarters Companies, i. He knew the line of work they were in, and he knew that Executive, or whatever he was going to call it, was going to get into precisely that line of work.
On the other hand, the word "headquarters" and the phrase "headquarters company," as will be discussed below, are descriptive terms both in their military sense and in their commercial or business sense. If these were arbitrary terms, whimsical terms, this Court would have little hesitancy on this record in concluding that Mr.
Keating adopted the title Executive Headquarters to copy Headquarters Companies. On this record, however, the proof is far less persuasive. Since the level of sophistication of potential lessees of executive suite services is quite high, no presumption of bad faith on Keating's part arises. See Astra, F. Compare R. Here, Network must carry the burden of proof on this point by a fair preponderance of the evidence.
Whether it has done so turns, in significant measure, on the strength of Network's mark. Therefore, the Court will return to this point after analyzing the strength of the "Headquarters Companies" mark. The strength of the mark: Marks, the Court learns in this case through the able arguments of counsel and from its own research, can be classified into four general categories which range from generic as to which there is no protection, to arbitrary as to which there is protection even absent evidence of secondary meaning.
Trademark protection grows as one ascends along the range from generic to descriptive to suggestive to arbitrary. A generic mark is one such as "Office Space," which simply states what is offered. A descriptive mark is a mark such as "General Motors," at least in its formative years, as the mark describes the operations of a motor car company. In Railroad Salvage of Connecticut, Inc. Railroad Salvage, Inc.
Calamari, supra at Johnson Chemical Co. Audiger, Inc. Counsel provides Rolls Royce as an example of an arbitrary mark and I accept it as such. To satisfactorily address the matter, it is necessary briefly to limn the history of the word and phrase. The initial use of the term "headquarters" was military. There the term meant the residence, permanent or temporary, of the commander-in-chief of an army.
Over time the word "headquarters" has come to apply to military operations much smaller than those of a field army, and in that parlance it denotes the place whence a commander's orders are issued. As such, the word "headquarters" has a long and very familiar military derivation. A very few examples will suffice to make the point: Crauford's History of the Light Division makes reference to "Wellington and the whole of his headquarters" moving during the Peninsula War in Lee, Indeed, there's the famous story of General John Pope who took command of the Department of Virginia and captioned his first orders as emanating from his "Headquarters in the Saddle.
Regiments had headquarters, and the orders of these smaller military organizations were so captioned, see e. A quick sampling of the regimental rosters published in by the Adjutant General of the Commonwealth of Massachusetts entitled Record of the Massachusetts Volunteers reveals that none of the various regiments checked the 6th Regiment Massachusetts Volunteer Militia, the 12th Massachusetts Infantry, the 20th Massachusetts Volunteer Infantry, the 28th Massachusetts Infantry, and the 54th Massachusetts Volunteer Infantry had a headquarters company.
See generally B. Farwell, Mr. Kipling's Army, The term was certainly in use by World War I, however. In that war, units as small as a regiment had a headquarters company, see Field Service Regulations, United States Army, , as reprinted in Complete U. Infantry Guide , ,[17] and today every battalion has one.
Militarily, the "headquarters company" is the administrative unit furnishing the necessary specialist personnel for a headquarters. Webster's New International Unabridged Dictionary The history of the term "headquarters" in civilian life is not nearly as old but, again, reference to the Oxford Unabridged Dictionary demonstrates that as early as in A. In this usage a headquarters is a chief or central place of residence, meeting, or business, a center of operations.
The term has been used thereafter in precisely this sense. This review of the historical antecedents leads the Court to conclude initially that the term "headquarters companies" is nothing more than descriptive, and thus a weak mark. It's a play on words with respect to the military usage of the administrative unit that supports a headquarters. It's a rather neat play on those words, because in the civil corporate context this is precisely the service Headquarters Companies provides.
Yet further analysis is required. Upon reflection the Court concludes that the service mark "Headquarters Companies" is not merely descriptive. First, the term here under scrutiny is "Headquarters Companies," not headquarters company. As the reference is to a series, the phrase is thus used in a different sense than it is used militarily.
There is no such entity as headquarters companies; there is no military organization where a group of headquarters companies get together. So in that sense it's not simply descriptive. This case is evidence of Network's willingness to defend its marks promptly and properly. In the business of executive suite rentals, "Headquarters Companies" has garnered a secondary meaning.
The Court, therefore, finds that the mark "Headquarters Companies" is on the cusp between being descriptive and being suggestive. It is, if you will, a suggestive mark with descriptive elements. It is, therefore, a somewhat stronger mark than a merely descriptive mark. While the Court takes all these findings together to make the ultimate finding, a brief recap is in order: The dissimilarity of the marks cuts in favor of Executive. These marks are not sufficiently similar, standing alone, in the manner in which they are used in the marketplace and the manner by which one comes to use the services of a business center, to create a substantial likelihood of confusion.
The similarity of the goods cuts in favor of Network. The relationship between the parties' channels of trade cuts in favor of Network. The classes of prospective purchasers cuts in favor of Executive. While the class of prospective purchasers is identical, they're sophisticated prospects and it is unlikely that such persons would be confused as to the source of the goods and services in question.
The evidence of actual confusion cuts in favor of Executive. The intention of Mr. Keating in adopting the mark cuts neither way. On this record, the way this case has been tried, the Court cannot tell without speculating what Mr. Keating had in mind. While it's possible that he intended to rip off Network, Network fails on its burden of persuasion on this point. Lastly, as to the strength of the mark, the Court finds that the mark is a suggestive mark with descriptive elements and that it has a secondary meaning, a secondary meaning with favorable connotation for the goods, the real property, and the services provided by Network.
Based on a balancing of all of these findings, the Court ultimately rules that there is no legally cognizable likelihood of confusion by the use of the term "Executive Headquarters" in the manner in which Executive is using that term. This case is far from frivolous. Network is properly seeking to enforce its mark and has invested a great deal in doing so.
This case would be different, markedly different, if any one of the following three things were to take place and this is not an exhaustive list: If the letters HQ were used in any advertising of Executive's, no matter how prominent the words "executive" or "executive headquarters" were displayed relative to the abbreviation HQ; second, if the word "headquarters" was used by Executive in any way more prominent than the word "executive"; and, lastly, if a horizontal line above or below either of the words "executive" or "headquarters" or both, in whatever color, was used by Executive in close proximity to either of those words.
In the absence of evidence of a likelihood of actual confusion, however, judgment on these claims must enter for Executive. NOTES [1] Network's operation has been frequently the subject of favorable newspaper and magazine articles.
Exhibits B-1 through B to the declaration of Thomas J. Tison are accurate examples of such articles. The record is not clear what is meant by the descriptive term "Class A. Further reference will be made to them as necessary. The Court rejects this testimony because, in light of the advertising examples presented, the primary logo here in Boston is HQ with two lines, one above and one below. There is in Boston no doubt that the phrase Headquarters Companies is used, but in the Boston area, at least, the service mark HQ with the two lines is what's most prominently used, and the mark Headquarters Companies, while deserving of protection, is used to a lesser extent with lesser prominence.
The traditional categories are generic designations, which cannot be distinctive The spectrum is delineated in, e. Oak Grove Smokehouse, Inc. Hunting World, Inc. As in the case of descriptive designations, abbreviations or misspellings recognized as shorthand or corrupted forms of generic words generally retain the character of the original term, and words in foreign languages are characterized according to their English translations Generic designations are not subject to appropriation as trademarks at common law and are ineligible for registration under state and federal trademark statutes.
The term TRIM may be descriptive when used in connection with hedge clippers, clothing, or hair styling services but arbitrary when used as a trademark for toothpaste, cement, or brokerage services. Slogans adopted by sellers to identify their goods and services frequently describe the products to which they relate.
The examples of descriptive designations appearing in the Comment are taken from W. Bassett Co. Revlon, Inc. Auto Aid Manufacturing Corp. Opticks, Inc. Chicago Home for the Friendless, F. Slogans found to be descriptive and thus unprotectable absent proof of secondary meaning include, e. General Motors Corp. Clairol Inc. The example in the Comment is taken from Bristol-Myers Co.
Approved Pharmaceutical Corp. It requires an inferential leap to associate the term with a detergent used in water. Examples of suggestive marks include, e. Meadows, F. Norwich Pharmacal Co. Such suggestive terms are considered inherently distinctive. Copper Tan, Inc. Ruesman, F. Horace W. Longacre, Inc. Sahati, F. Penthouse International Ltd. Topps Chewing Gum, Inc. Examples of fanciful marks include, e. Polaraid, Inc. Kotex Co.
Chlorit Mfg. Napier, Peninsular War Appendix no. For a novelist's less flattering account of the savagery with which General Crauford suppressed insurrection in Ireland, see T. Flanagan, The Year of the French , and for a second novelist's description of his death in at the siege of Ciudad Rodrigo, see B. Cornwell, Sharpe's Company The Sixth was a fine pre-war militia organization which fought its way through Baltimore to rescue Washington at the beginning of the Civil War.
See J. Jakes, The Titans It brought the song "John Brown's Body" to the war and fought in the wheatfield at Antietam, losing over a third of its number in twenty minutes but capturing the flag of Hood's 1st Texas Infantry. II Mass. Soldiers, supra at 1.
Catton, Mr. Lincoln's Army Justice Holmes went to war as a First Lieutenant in Company A, 20th Massachusetts, one of the two "Harvard" regiments the other was the 2nd Massachusetts Volunteers so named for the number of Harvard students and graduates in their ranks.
Wounded three times, Holmes finished the war a brevet Colonel. Soldiers, supra at See generally D. Wilson, "A regiment's glory and gore," The Boston Globe, p. A31 Nov. It was decimated on the slopes of Marye's Heights beyond Fredericksburg where it carried a large green silk flag emblazoned with a gold harp to within yards of Longstreet's line.
The painting "Clear the Way" by D. Troiani depicts this moment. It is reproduced as the frontispiece to the February, issue of Military History. The Fifty-fourth, one of the first and among the most famous of America's black regiments, fought at Battery Wagner and is remembered most recently in the movie "Glory" See B.
Catton, Never Call Retreat See generally W. Law Rev. Tanya Gendelman, P. C being a personal injury attorney in New York has joined MedLegal HQ to tackle the legal affairs of people suffering from automobile accidents. United States, 19th Oct — MedLegal HQ provides services to the people of New York and New Jersey suffering from a car accident, workplace accident, or for any other reason searching for medical care or legal representation.
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