Daily Business Report-Dec. 21, 2018
Illegal signage at 861 Sixth Ave. in San Diego July 2014. (Photo courtesy of the city of San Diego)
U.S. Appeals Court upholds city sign regulations
that prohibit off-premise commercial messages
A federal appeals court has upheld the constitutionality of San Diego city sign regulations that prohibit off-premises commercial messages, City Attorney Mara W. Elliott announced. The case concerned the illegal activities of an outdoor sign painting company, ArchitectureArt LLC, which, beginning in 2010, leased exterior wall surfaces of buildings in San Diego’s commercial zones and then solicited advertisers who paid ArchitectureArt to paint advertisements on those walls.
The scheme violated a city ordinance that requires such signs to advertise only goods or services located on the premises where the sign appears. Advertisers like Heineken, Alaska Airlines, Jack Daniels, Newcastle Beer, and Nike paid ArchitectureArt to paint the illegal signage. Ten of ArchitectureArt’s illegal signs were cited by the city, including ads for beer brands Shock Top, Blue Moon, and Michelob Light and an ad with an enormous gory eyeball promoting a horror television show.
ArchitectureArt sued, claiming the city had discriminated against it, violated its free speech, due process, and equal protection rights, and improperly delegated its ministerial powers over signage to Civic San Diego, a nonprofit 501(c)(3) corporation. The U.S. Court of Appeals for the Ninth Circuit found no merit to any of those claims.
“Our sign regulations protect us from visual pollution that detracts from the beauty of our region,” City Attorney Mara W. Elliott said. “This verdict is a strong rebuke to anyone who hopes to get rich by illegally transforming our downtown architecture into a canvas for corporate advertisers.” The case was argued for the City by Senior Chief Deputy City Attorney Catherine A. Richardson.
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Qualcomm granted permanent
injunction against Apple in Germany
Qualcomm Inc. announced that the District Court of Munich found that Apple is infringing Qualcomm’s intellectual property for power savings in smartphones and granted Qualcomm’s request for a permanent injunction, ordering Apple to cease the sale, offer for sale and importation for sale in Germany of infringing iPhones. The injunction covers all models of iPhones that contain the infringing functionalities and apply to Apple’s European Union entities as well as Apple Inc. The judgment is immediately enforceable once Qualcomm posts bonds covering potential damages incurred by Apple should the judgment be overturned or amended on appeal. Apple’s request to the court for a stay of the injunction was denied. The court has also determined that Apple is liable for monetary damages in an amount to be determined at a later time.
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SDSU scientists find new way
to study aggressive form of cancer
Student scientists at San Diego State University have discovered a new way to investigate aggressive forms of cancer. The researchers found a way to identify a biomarker of colorectal cancer in mice. The biomarker, a mutation in the DNA of cancer cells called EMAST (Elevated Microsatellite Alterations at Selected Tetranucleotide repeats), usually is indicative of aggressive forms of colorectal cancer when found in humans. The relatively unknown mutation also is present in some forms of breast, pancreatic, bladder and lung cancers.
Before this research, there was no known method of studying EMAST in animal models, which are critical for conducting basic research that later might be applied to humans. The discovery creates a blueprint for researchers to study EMAST in animal models and possibly illuminate how the mutation intersects with cancer prognoses.
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San Diego Museum Council
hires new executive director
The San Diego Museum Council (SDMC) announced the appointment of Nicole Miller-Coleman to the position of executive director. In her role, Miller-Coleman will oversee the strategy and operational execution of the SDMC’s programs in fulfillment of its mission to increase awareness, connect, provide services, and advocate for the diverse museums within its membership.
Miller-Coleman takes the helm of the organization in January, following the departure of Theresa Kosen who served as executive director for 18 years. Miller-Coleman previously served as the chief officer for institutional advancement at the San Diego Model Railroad Museum. In addition to previous positions with the Community Resource Center North County, San Diego Botanic Garden and USS Midway Museum, she also brings with her more than 10 years of experience consulting on fundraising and leadership for a variety of nonprofit organizations.
Miller-Coleman also holds a master’s degree in Nonprofit Leadership and Management from the University of San Diego and a bachelor’s degree in Art History/Theory/Criticism from the University of California San Diego.