east valley
Volume 3 Issue 15 Mesa, AZ
October 25, 2020
Jack Daniels’ lawsuit stirs a whiskey row in federal court BY HOWARD FISCHER Capitol Media Services
A
IN THE BIZ
major bourbon whiskey manufacturer wants the U.S. Supreme Court to stop an Arizona �irm from producing a dog toy that the company’s attorneys say associates its “image of sophistication’’ with “juvenile bathroom humor.’’ And it could all come down to whether the justices think it’s funny. The petition by Jack Daniels seeks to bar Scottsdale-based VIP Productions from producing and selling a squeaky dog toy in the shape of – and with a label that looks like -- a bottle of the company’s Old No. 7 Black Label Tennessee Whiskey. There are some differences. For example, the “Old No. 7 Tennessee Sour Mash Whiskey’’ on the label is replaced by “The Old No. 2 on your Tennessee Carpet.’’ It’s also labeled “Bad Spaniels’’ instead of “Jack Daniels.’’ And instead of alcohol-content descriptions, the toy was labeled “43% Poo by Vol.’’ and “100% Smelly.’’ A trial judge sided with the whiskey company, citing evidence that 29 percent of consumers believed Jack Daniels actually sponsored the toy, declaring that it infringed on the company’s trademark. But the 9th Circuit Court of Appeals saw the issue through a different legal lens. “The toy communicates a humorous Public Notices ............... page 2 © Copyright, 2020 East Valley Tribune
message, using word play to alter the serious phrase that appears on a Jack Daniels bottle – ‘Old No. 7 Brand’ – with a silly message – ‘The Old. No. 2,’ ‘’ wrote Judge Andrew Hurwitz. “The effect is a simple message conveyed by juxtaposing the irreverent representation of the trademark with the idealized image created by the mark’s owner.’’ Hurwitz wrote that the whole purpose is to comment humorously on the message conveyed by a Jack Daniels bottle. And that doesn’t mean it has to be on something like a formal work of art. “The fact that VIP chose to convey this humorous message through a dog toy is irrelevant,’’ the judge said. The company is clearly not amused. “Jack Daniels has invested substantial resources into an image of sophistication,’’ attorney Lisa Blatt, who represents the company, told the high court. “Accordingly, Jack Daniels has a strong interest in protecting its trademarks and trade dress from association with juvenile bathroom humor.’’ Blatt also told the justices that the company “carefully licenses’’ its images on non-whiskey products, including pet (USPS 004-616) is published weekly
Mailing Address: 1620 W. Fountainhead Pkwy., Suite 219, Tempe, AZ 85282
(480) 898-6500 Steven Strickbine, publisher Paul Maryniak, executive editor
products like branded dog leashes, dog collars and dog houses. She said the toy in question is likely to confuse consumers about who is sponsoring it. What’s happening here, she said, is VIP Products “pirated’’ the Jack Daniels trademarks and design of its bottle by imitating it “while adding dog poop humor.’’ And Blatt took a swat at the 9th Circuit for failing to apply what she said is supposed to be the legal standard: the likelihood of confusion. “In other words, because the court of appeals though VIP Products’ notorious copying was funny, it held that the company has a First Amendment interest in confusing consumers into believing that Jack Daniels sponsors a dog toy spotlighting poop,’’ she wrote. VIP is due to �ile its response to the lawsuit next month. What the court rules could have a spillover effect onto other products manufactured by VIP. The company’s web site features similar products, including Heine Sniff’n in something that looks like a Heineken bottle, Mountain Drool that mimics a Mountain Dew bottle and Cataroma that bears more than a passing resemblance to Corona. Subscriptions are $26 for 2 years, $14 for one year. Periodicals postage paid at Phoenix, AZ 85026.
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Public Notice CITY OF MESA MESA, ARIZONA NOTICE OF VIRTUAL PUBLIC MEETING DOBSON LIBRARY IMPROVEMENTS Project No. CP0903 Please join us for a virtual event discussing the upcoming Dobson Ranch Library Branch Improvements project. This project will update the entrance of the Dobson Ranch library branch, located at 2425 S. Dobson Rd.,with a fresh, modern look and improved accessibility for the public. The renovated façade and entry will offer greater visibility and convenience for library users. The library expansion includes the addition of a THINKspot makerspace for the community to foster innovation and networking. Date: Thursday, October 29, 2020 Time: 6:00pm to 7:00pm Location: Virtual Public Meeting: online at mesaaz.gov/engineering If you have any questions or concerns regarding this project, please contact Curt Albright, Michele Arrollado, Lucy Lopez, or Juanita Gonzales with the City of Mesa Engineering Public Relations Department at (480) 644-3800. Si usted tiene preguntas de este proyecto, fa-vor de llamar a Lucy Lopez, con la Ciudad de Mesa al (480) 644-3800. Published: Glendale Star, Oct. 18, 25, 2020 / 33823
Public Notice CITY OF MESA, ARIZONA ENGINEERING DEPARTMENT REQUEST FOR QUALIFICATIONS (RFQ) NOTICE IS HEREBY GIVEN that the City of Mesa is seeking qualified Consultants for the following: ON-CALL CONSULTING SERVICES FOR SOILS MATERIALS TESTING SERVICES The City of Mesa is seeking qualified Consultants to provide design services and/or construction administration services on an oncall basis in the following area/ category: Soils and Construction Materials Sampling and Testing. All qualified firms that are interested in providing these services are invited to submit their Statements of Qualifications (SOQ) in accordance with the requirements detailed in the Request for Qualifications (RFQ). From this solicitation, the Engineering Department will establish a list of on-call consultants for Soils Materials Testing Services. This category is further defined below: Scope may include miscellaneous soils and materials testing services such as sampling, laboratory and field tests and analyses, preparation of reports, etc. The technical services requested include providing material technicians who will perform quality assurance (QA) and independent assurance (IA) and testing of construction materials in the laboratory and/or field. Inspection services are expressly
NOTICE IS HEREBY GIVEN that the City of Mesa is seeking a qualified firm or team to act as the Job Order Contractor for the following: JOB ORDER CONTRACT FIRE SAFETY SERVICES PROJECT NO. JOC-FS20 The City of Mesa is seeking a qualified Contractor to provide Job Order Fire Safety Services. All qualified firms that are interested in providing these services are invited to submit their Statements of Qualifications (SOQ) in accordance with the requirements detailed in the Request for Qualifications (RFQ). The following is a summary of the project. Fire Safety Services to provide fire safety services for minor and/ or major improvement projects, large maintenance projects, repairs, re-construction, and alteration services to City facilities. A Pre-Submittal Conference will be NOT be held for this project. Contact with City Employees. All firms interested in this project (including the firm’s employees, representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process. This policy is intended to create a level playing field for all potential firms, assure that con-tract decisions are made in public and to protect the integrity of the selection process. All con-tact on this selection process should be addressed to the authorized representative identified below. RFQ Lists. The RFQ is available on the City’s website at https://www. mesaaz.gov/business/engineering/ construction-manager-at-risk-andjob-order-contracting-opportunities The Statement of Qualifications shall include a one-page cover letter, plus a maximum of 10 pages to address the SOQ evaluation criteria (excluding PPVF’s and resumes but including an organization chart with key personnel and their affiliation). Resumes for each team member shall be limited to a maximum length of two pages and should be attached as an appendix to the SOQ. Minimum font size shall be 10pt. Please provide one (1) electronic copy of the Statement of Qualifications in an unencrypted PDF format to Engineering-RFQ@ mesaaz.gov by November 5, 2020, by 2 pm. The City reserves the right to accept or reject any and all Statements of Qualifications. The City is an equal opportunity employer. Firms who wish to do business with the City of Mesa must be registered and activated in the City of Mesa Vendor Self Service (VSS) System (http://mesaaz.gov/business/ purchasing/vendor-self-service). Questions. Questions pertaining to the Consultant selection process or contract issues should be directed to Stephanie Gishey of the Engineering Department at stephanie.gishey@mesaaz.gov. BETH HUNING City Engineer ATTEST:
not included. A Pre-Submittal Conference will not be held. Contact with City Employees. All firms interested in this RFQ (including the firm’s employees, representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process. This policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative identified below. RFQ Lists. This RFQ is available on the City’s website at http:// mesaaz.gov/business/engineering/ architectural-engineering-designopportunities. The Statement of Qualifications shall include a one-page cover letter that contains current company/firm contact information including a valid phone number and email address, plus a maximum of 10 pages to address the SOQ evaluation criteria (excluding PPVF’s and resumes but including an organization chart with key personnel and their affiliation). Resumes for each team member shall be limited to a maximum length of two pages and should be attached as an appendix to the SOQ. Minimum font size shall be 10pt. Please provide one (1) electronic copy in an unencrypted PDF format to EngineeringRFQ@mesaaz.gov by 2:00PM on Thursday, November 5, 2020. Maximum file size shall not exceed 20MB. SOQ’s that are unable to be opened by City staff will not be considered for award. Submitters may request a single opportunity to verify that a test email and attachment are received and can be opened by City staff. Test emails must be sent to Engineering-RFQ@ mesaaz.gov. The City reserves the right to accept or reject any and all Statements of Qualifications. The City is an equal opportunity employer. Firms who wish to do business with the City of Mesa must be registered and activated in the City of Mesa Vendor Self Service (VSS) System (http://mesaaz.gov/business/ purchasing/vendor-self-service). Questions. Questions pertaining to the Consultant selection process or contract issues should be directed to Michele Davila of the Engineering Department at Michele.Davila@mesaaz.gov BETH HUNING City Engineer ATTEST: DeeAnn Mickelsen City Clerk Published: East Valley Tribune, Oct. 18, 25, 2020 / 33821
Public Notice CITY OF MESA, ARIZONA ENGINEERING DEPARTMENT REQUEST FOR QUALIFICATIONS (RFQ)
EAST VALLEY BUSINESS
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DeeAnn Mickelsen City Clerk Published: East Valley Tribune, Oct. 18, 25, 2020 / 33819
Public Notice NOTICE OF HEARING REGARDING APPLICATION FOR CHANGE OF NAME Case No: CV2020-055349 SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY In the Matter of: Aden Richard Kennedy Name of person(s) requesting name change READ THIS NOTICE CAREFULLY. An important court proceeding that affects your rights has been scheduled. If you do not understand this Notice or the other court papers, contact an attorney for legal advice. 1. NOTICE: An application for Change of Name has been filed with the Court by the person(s) named above. A hearing has been scheduled where the Court will con-sider whether to grant or deny the requested change. If you wish to be heard on this issue, you must appear at the hearing, at the date and time indicated below. 2. COURT HEARING. A court hearing has been scheduled to consider the Application as follows: DATE: 12/3/2020 TIME: 10 am BEFORE: Commissioner Susan White, 222 E. Javalina Ave, Courtroom, Mesa AZ 85210 DATED: 10/19/2020 /S/ Jennifer Lamster Applicant’s Signature, Published: East Valley Tribune, Oct. 25, Nov 1, 8, 15, 2020 / 33907
Public Notice SUMMONS (CITACION JUDICAL) Case Number (Numero del Caso): 18STLC13699 NOTICE TO DEFEND-ANT: Oussama Bahri and DOES 1 to 25, (AVISO AL DEMANDADO): INCLUSIVE. YOU ARE BEING SUED BY PLAINTIFF: NANCY RAMIEREZ CASTANEDA; (LO ESTA DEMANDANDO EL DEMANDANTE): SHAURY EDER HERNANDEZ; EMILIO DAVID SINAY-RAMIREZ, a minor, and NANCY MELISSA SINAYRAMIREZ, a minor, by and through their guardian ad litem NANCY RAMIREZ CASTANEDA NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the in-formation below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online SelfHelp Center (www.courtinfo.ca.gov/ selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without
OCTOBER 25, 2020
further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www. lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. Tiene 30 DÍAS DE CALENDARIO después de que le entreguen esta citación y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefónica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y más información en el Centro de Ayuda de las Cortes de California (www.cour tinfo.ca.gov/selfhelp/ espanol/), en la biblioteca de leyes de su condado o en la corte que le quede más cerca. Si no puede pagar la cuota de presentación, pida al secretario de la corte que le dé un formulario de exención de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrá quitar su sueldo, dinero y bienes sin más advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisión a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia. org), en el Centro de Ay-uda de las Cortes de California, (www. courtinfo.ca.gov/self-help/espanol/) o poniéndose en contacto con la corte o el colegio de abogados locales. AVISO: Por ley, la corte tiene derecho reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacion de $10,000 O mas de valor recibida mediante un acuerdo o una concesion de arbitraje en un caso de derecho civil. Tiene que pagar el gravament de la corte antes de que la corte pueda desechar el caso. The name and address of the court is: SUPERIOR COURT OF CALIFORNIA, 111 N HILL STREET, 111 N HILL STREET, LOS ANGELES, CA 90012. The name, ad-dress and telephone number of plaintiff’s attorney, or plaintiff without an attorney, is: (El nombre, la direccion y el numero de telefono de abogado del demandante, o del demandante que no tiene abogado, es): GEORGE J. SHAL-HOUB, ESQ #158894 LAW OFFICES OF GEORGE SHALHOUB 5187 CHIMINEAS AVENUE, TARZANA CA 91356. 818-264-3830 818264-3836 DATE: JUNE 3, 2019 Sherri R. Carter Clerk, by Maria E Valenzuela, Deputy. Published: East Valley Tribune, Oct 25, Nov 1, 8, 15, 2020 / 33948
CITY OF MESA PUBLIC NOTICE The Mesa City Council will hold a public hearing concerning the following ordinances at the November 2, 2020 City Council meeting beginning at 5:45 p.m. in the Mesa City Council Chambers, 57 East First Street. 1. ZON19-00709 (Di-trict 6) Within the 8500 to 8700 blocks of E a s t P e c o s R o a d (south side). Located west of Ellsworth Road on the south side of Pecos Road (11.7± acres). Rezone from AG to LI-PAD and OC-PAD; and Site Plan Review. This re-quest will allow for an industrial develop-ment. Katie Rounds, The Kaidence Group, applicant; Pecos 10 LLC, owner. DATED at Mesa, Arizona, this 25th day of October 2020. DEE ANN MICKELSEN, City Clerk Published: Oct. 25, 2020 / 33943
(including street lights and traffic signals), roadway maintenance and milling operations, waterline and sewer line projects, water and wastewater facility improvement projects, new building construction, tenant improvement projects, utility projects (including, but not limited to fiber, conduit, gas and electric), Non-City Utility permits (NCU’s) and other permits. Consultants shall provide staff member(s) with all tools/equipment required to conduct day-to-day business including vehicle, laptop, cell phone, PPE, and any other tools required to complete the work. A Pre-Submittal Conference will not be held. Contact with City Employees. All firms interested in this RFQ (including the firm’s employees, representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of dis-qualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process. This policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative identified below. RFQ Lists. This RFQ is available on the City’s website at http://mesaaz.gov/business/ engineering/architecturalengineering-design-opportunities. The Statement of Qualifications shall include a one-page cover letter that contains current company/firm contact information including a valid phone number and email address, plus a maximum of 10 pages to address the SOQ evaluation criteria (excluding PPVF’s and resumes but including an organization chart with key personnel and their affiliation). Resumes for each team member shall be limited to a maximum length of two pages and should be attached as an appendix to the SOQ. Minimum font size shall be 10pt. Please provide one (1) electronic copy in an unencrypted PDF format to EngineeringRFQ@mesaaz.gov by 2:00PM on Thursday, November 12, 2020. Maximum file size shall not exceed
Public Notice CITY OF MESA, ARIZONA ENGINEERING DEPARTMENT REQUEST FOR QUALIFICATIONS (RFQ) NOTICE IS HEREBY GIVEN that the City of Mesa is seeking qualified Consultants for the following: ON-CALL CONSULTING SERVICES FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES The City of Mesa is seeking qualified Consultants to provide design services and/or construction administration services on an on-call basis in the following area/category: Construction Administration and Inspection Services. All qualified firms that are interested in providing these services are invited to submit their Statements of Qualifications (SOQ) in accordance with the requirements detailed in the Request for Qualifications (RFQ). From this solicitation, the Engineering Department will establish a list of on-call consultants for Construction Administration and Inspection Services. This category is further defined below: Typical Construction Administration and Inspection projects for which consultants will be requested to provide services included but not limited to: arterial or residential roadway projects
20MB. SOQ’s that are unable to be opened by City staff will not be considered for award. Submitters may request a single opportunity to verify that a test email and attachment are received and can be opened by City staff. Test emails must be sent to Engineering-RFQ@ mesaaz.gov. The City reserves the right to accept or reject any and all Statements of Qualifications. The City is an equal opportunity employer. Firms who wish to do business with the City of Mesa must be registered and activated in the City of Mesa Vendor Self Service (VSS) System (http://mesaaz.gov/ business/purchasing/vendor-selfservice). Questions. Questions pertaining to the Consultant selection process or contract issues should be directed to Michele Davila of the Engineering Department at Michele.Davila@mesaaz.gov . BETH HUNING City Engineer ATTEST: DeeAnn Mickelsen City Clerk Published: Glendale Star, Oct. 25, Nov 1, 2020 / 33946
Public Notice EAST VALLEY BUSINESS
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OCTOBER 25, 2020
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