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they've done so and no one objected.
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This is what I - in the abscence of any facts - suspect.
They were wrong in the usage of 'Running on Empty'. The party might argue it was a non-commercial use, but it doesn't have to be commercial to be a violation, as I read it. The courts appear to be twisty in their interpretations, though.
(More later if you're interested - have to run).
I'll disagree about the convention usage, but acknowledge that I might be wrong and you might be right.