Important Events in Louisiana History Essay

The State of Louisiana has a colorful and important past unbeknownst to laymen. These events helped shape the picture of its culture and what is the present day United States. In the 18th century, this state was established as a French Colony and within a little over 30 years, was passed on to the Spanish after the French-Indian War. Control of Louisiana allowed ships from Europe or Mexico to dock from the ocean and move inland through the Mississippi river. The influence of the empires at the time, are still carried over to today. This state recognizes no â€Å"official language† but some residents speak French and Spanish. Aside from this, most of the population is made up of Christians due to the influence of its colonizers. During the 19th century the most important event was the inclusion of this state to The United States of America. The French held the territory at the time but the newly formed United States was worried that at any time, France could close off the Mississippi and form a chokehold on the existing trade routes. President Thomas Jefferson authorized the liaison to France to negotiate a purchase for the territory around the river to prevent a stranglehold. Napoleon at the time encountered too many setbacks with his plan for Louisiana and decided to sell the whole territory. The liaison, Robert R. Livingston, worried that approval from Washington might take too long decided to push through the talks and came to a price of fifteen million US Dollars. President Jefferson was surprised at first but decided to push through with the purchase since it would double the government’s current land area and make way for the expansion west. This served as a precedent fro the purchase of territory and did not spill a single drop of blood. It paved the way for frontiersmen in the years to come and paved the way for the United States to be connected to two great oceans. In1901, speculators in Louisiana discovered oil. Along with forestry, this introduced a wave of economic growth which introduced economic growth. This alleviates the United States’ dependence on foreign oil and places worth on this area of land which was previously valued only for its accessibility to the Mississippi river. Reference List 1. About Louisiana. Louisiana. gov. Last checked 06 May 2008 from http://www. louisiana. gov/wps/wcm/connect/Louisiana. gov/Explore/About+Louisiana/

Adolescent Psychological Disorder: Depression Essay

Depression is a common psychological disorder which is more likely to be experienced by young people. Although this psychological disorder could be manifested in all age range, studies show that individuals who are in their adolescence to early adulthood stage have greater tendency to feel depress (Costell, Swendsen & Rose, 173, 2008). This disorder is often accompanied by feelings of sadness, despair or hopelessness which eventually causes a person to become isolated among the other individuals. Several issues regarding the frequency of depression occurrence had been studied by researchers. It is said that the rate of depression is determined by the differences in gender, race and ethnicity. This claim suggests that women are more likely to experience depression than men and the same holds regarding the issue of ethnicity and race. Thus, the whites were less to experience depression than the minority (Brown, Meadows & Elder, 1300, 2007). Most of the time sadness and depression is interchangeably used. While it is true that depression is a product of intense sadness, one must know the distinction between these two. As to elaborate a little, the feeling of sadness has less damaging effect and usually last within a short period of time. Individuals learn to let go of this feeling at a much faster phase while people who embrace this feeling for a long time would eventually develop the depression disorder. Two types of depression basically arise, that is, major depression and minor depression (dysthymia). The degree or state of depression varies as an individual ages. The major depression disorder usually last in a short period of time but is basically more severe than the other type. The consequences that depression posed on one’s individuality are essential consideration to be reflected on. Most of these consequences are harmful and can bring damaging effect to the life of an individual thus thorough understanding of this psychological disorder would impose a great advantage. Causes of Depression Occurrence of depression is brought by numerous factors. Events, people, the environment as well as genetic factors contribute to the incidence of depression. In this paper, three causes of depression from different studies conducted would be discussed. Some of these causes of can eventually be modified while some are not liable to change. Nutrition was viewed to have a vital contribution to depression. (Shariatpanaahi et al, 532, 2007). It is established that the mental and cerebral mechanisms are being affected due to nutrient deficiencies therefore resulting to mood disorders including depression. Prevalence of Iron deficiency anemia was viewed to have certain contribution to depression. The study conducted by Shariatpanaahi and his colleagues looked at the association between serum ferritin level and depression. Their study resulted that students who are experiencing depression have lower serum ferritin level than the healthy ones (Shariatpanaahi et al, 534, 2007). With reference to the result generated, lower serum ferritin level which indicates minimal presence of iron in the body was viewed to have a vital role in the brain function and in the establishment of depression. The stressful experience of college freshmen to their new environment inside the learning place could also trigger depression. Being in an unfamiliar environment is a stressful event that brings a sense of discomfort (Dyson and Renk, 1231, 2006). Accompanying this feeling of discomfort is the change on depression symptomatology that they experience. Being in their transition stage towards adulthood, stress and depression were showed to be greatly triggered. Race and ethnicity is also viewed for depressive symptoms to occur. The study conducted by Brown and his colleagues (2007) resulted that different race-ethnic groups (including Hispanics, Asians, Blacks and whites) shows different level of depressive symptoms. In their study, the whites showed the lowest level of such symptoms while the Hispanics and Asians showed the highest. The level of depressive symptoms among the blacks falls between the whites and the two other race-ethnic groups (1300). Explanation for the occurrence of such depressive symptoms are said to be interconnected with the mental health and stressful experiences of these different minority groups. The location or condition of the Hispanics, Asians and Blacks in the society greatly contributes to their depression. Most of these groups, as well as their family, belongs to the lower class in the society thus receiving minimal benefits in terms of health care and tends to dwell in neighborhoods which are characterized as unsafe (Brown, Meadows & Elder, 1298, 2007). Upon the exposure of these race-ethnic groups to these conditions, the depression disorder develops and is heightened. Symptoms of Depression Basically the most obvious symptom of depression is an intense feeling of sadness manifested most of the time. Different symptoms are expressed by individuals in different age brackets as well as different instances or conditions of these individuals in the society. Taking in consideration the study conducted by Brown and his colleagues, symptoms of depression manifested by the race-ethnic minority includes anxiety and a sense of inferiority (Brown, Meadows & Elder, 1307, 2007). For new colleges trying to be familiar and adapting to their new environment, behaviors including a depressed mood or sadness most of the time (being away from their parents), irritability, inability to enjoy things and inability to concentrate are apparent (Dyson and Renk, 1234, 2006). Other symptoms that are most likely associated with depression includes withdrawal from friends and family, significant weight loss or gain, change in sleep patterns, pessimism and indifference, feeling tired, feeling numb emotionally and the worst is entertaining the thought of death or suicide. Effects of the Disorder Depression, if not given thorough attention could bring the worst effect to an individual. How an individual responds to the feeling of depression determines the effect of the disorder in his actions (Nolen-Hoeksema, 569, 1991). The feeling of depression is more likely to bring about negative thoughts in an individual’s mind. With these thoughts in mind, negative emotions would also be triggered. Entertaining such thoughts and emotions would bring distraction in one’s health, education, work and relationship with other people. Adolescence performance in school tends to decline as a result of depression (Dyson and Renk, 1234, 2006). Because of their inability to concentrate or focus on the lessons being thought in the learning place, their grades used to decline. Academic failures, school dissatisfaction as well as negative relationship with teachers and other students may take place. Depressed individuals seem to be pre-occupied with their thought of being depressed therefore interfering with their capability to think critically, perform well and socialized with other individuals in the learning place. Such scenario is true in the work place. Because of the disorder, individuals are more likely to be out of focus on their work thus they are more likely to accomplish lesser job (or they do not accomplish anything at all) within a given period. This type of behavior in the workplace would bring unwanted effects on the part of the individual as well as in the company. This could also lead to an individual’s dismissal in the job. Again, such dismissal would only trigger further depression and could bring forth to a worst event. Depressed individuals also shows attitude of wanting to be alone. Sharing one’s frustration (which eventually causes the prevalence of depression) with his family is sometimes hard to do. This ultimately contribute to a reduce interaction and may develop poor family relationship. Sometimes, depressed adolescent causes negative confrontation between parents as well as between siblings. Psychiatric hospitalization can also occur among adolescence if the level of depression is severe (Herman and Ostrander, 484, 2007). Some depressed individuals tend to be engaged in accidents in roads. They tend to drive recklessly thus resulting to several body impairments (Nolen-Hoeksema, 570, 199). Such action of reckless and violent driving is a means to pour out the feeling of depression. However, Nolen-Hoeksema argued that the relief from depression through this action is only for a short run. Coping up with Depression Several therapies and combination of these therapies are being suggested by psychologists as well as doctors to cope up with depression. In the study conducted by Nolen-Hoeksema, 570, 1991), she suggested the used of distractive response as a way to cope up with depression. In this response, adolescence experiencing depression are encourage to draw their attention to other things such as engaging in activity with friends or doing a hobby. In this way, Nolen-Hoeksema hypothesized that an individual would tend be distracted and would somehow overcome his feeling of depression. Guidance and support of family members (especially support from mothers) is also a means to help adolescence to cope up with depression. The multi family group approach (Lemmmens et al, 51, 2007) is greatly encouraged. This approach is concern to provide the needs of the patient and also guides the family to stand the difficulties of depression that are experience by the family as a whole. Fostering interaction between the patient and members of his family would put the patient at ease. Recognizing the fact that his family is there to support him and guide him all through out would lessen his burden and would therefore aid in treating depression. Cognitive therapy was also studied to aid in the treatment of depression (Beevers and Miller, 68, 2005). The result of there study shows that the used of mentioned therapy ‘may help patients to deal more functionally to their negative thoughts. ’ As stated on the discussion regarding the effects of depression, negative thoughts are said to be the driving force in which depression arises. Effectively managing these negative would lessen the occurrence of the disorder. This type of approach or therapy is basically more of prevention rather than treatment. Nevertheless, its efficiency in the control of depression is noteworthy. Conclusion  Depression is brought about by several factors faced by an individual in the society. Although this psychological disorder is somewhat inevitable and is said to be a common disorder, prevention and treatments should be provided. As to any other physical or psychological diseases, severe state of depression could bring unwanted and detrimental effect to the individual himself as well as to other people. Manifestation of symptoms of this psychological disorder must be taken in deep consideration. The stage of adolescence undeniably entails a lot of stress that could somehow cause an individual to incur depression. Adolescents are vulnerable to changes because different emotional as well as physiological activities are happening within their body. It is therefore important to be considerate and out lay the necessary actions to guard the adolescents to the threats of depression. Involvement of parents and other family members in preventing and treating the said disorder is greatly encourage. Other therapies should also be considered as a treatment for this disorder. Thorough understanding of the causes, symptoms and treatments of depression would be of great significant. The harm that this disorder imposes to adolescents is truly alarming. Its effects on the individual’s well-being and activities are disturbing. Psychologists together with other medical researchers are continuously finding ways to lessen the occurrence of this disorder. Thus, in order for their efforts to efficiently work, a collaborative support from the society is needed. The society should not undermine the effects of depression but instead thorough knowledge regarding this disorder as well as the harm that accompanies it must be explained and made clear.

Are women likely to suffer from depression than men Essay

Are women likely to suffer from depression than men - Essay Example Proper treatment would alleviate the symptoms in over 80 percent of the cases. Yet, because depression is often unrecognized, depressed individuals often continue to suffer needlessly. Women are almost twice as likely as men to experience depression. Research continues to explore how this psychological problem affects women. At the same time, it is important for women to increase their awareness of what is already known about depression, so that they seek early and appropriate treatment. Major depression and dysthymia affect twice as many women as men. This two-to-one ratio exists regardless of racial and ethnic background or economic status. The same ratio has been reported in eleven other countries all over the world. Men and women have about the same rate of bipolar disorder (manic depression), though its course in women typically has more depressive and fewer manic episodes. Also, a greater number of women have the rapid cycling form of bipolar disorder, which may be more resistant to standard treatments. Many factors unique to women are suspected to play a role in developing depression. Research is focused on understanding these factors, including: reproductive, hormonal, genetic or other biological factors; abuse and oppression; interpersonal factors; and certain psychological and personality characteristics. But, the specific causes of depression in women remain unclear. Many women exposed to these stress factors do not develop depression. Remember, depression is a treatable psychological problem, and treatment is effective for most women The Dimensions of Depression in Women Adolescence:_ Studies show that the higher incidence of depression in females begins in adolescence, when roles and expectations change dramatically. The stresses of adolescence include forming an identity, confronting sexuality, separating from parents, and making decisions for the first time, along with other physical, intellectual, and hormonal changes. These stresses are generally different for boys and girls, and may be associated more often with depression in females. Some researchers have suggested that men and women differ in their expression of emotional problems. In adolescence, boys are more likely to develop behavioral and substance abuse problems, while girls are more likely to become depressed. Adulthood: relationships and work roles Stress can contribute to depression in many people. The higher incidence of depression in women may not be due to greater vulnerability, but to the particular stresses that many women face. These stresses include major responsibilities at home and work, single parenthood, and caring for children and aging parents. Social expectations play a role here as well. In two career families, women are more likely to have responsibility for a greater share of child care and household responsibilities. Role conflict is also an issue, as debate continues regarding whether women need to choose between family and work responsibilities, and about which choice is the "proper" one. Reproductive events:- Women's reproductive events include the menstrual cycle, pregnancy, the post pregnancy period, infertility, menopause, and sometimes, the decision not to have children. These events bring fluctuations in mood that for some women include

Interaction Design Essay Example | Topics and Well Written Essays - 3500 words

Interaction Design - Essay Example The purpose of human computer interaction is to analyze the interaction between user and computer. In this paradigm we analyze how we can develop system that is able to offer better features and facilities regarding the usage of system. In addition, this subject investigates the user psychology, behaviours and develops the system that capable to meet the user expectations regarding system working. Human-computer interaction (HCI) research deals with the design of interfaces that facilitate simple and efficient use of computer systems (Marchionini & Sibert, 1991; Myers et al., 1996; DePaula, 2003). Dix, Finlay, Abowd, & Beale (2003) define effective interaction design as the analysis and study of communication among users or people with computers. The fundamental objective of effective human computer interaction design is to build systems that are much more user friendly as well as responsive to user’s requirements thus that people could be able to get their outcomes faster, th rough smaller mistakes and better satisfaction (Dix et al., 1998; Tate, 2001; Field, 2005). The management of the TechPro has decided to implement a new web based system to effectively handle and manage its business activities. In addition, by implementing this system TechPro is aimed to gain competitive edge and get access to global business market. This report will present a detailed analysis of the three development methods that are often used to produce software that are interaction designed focussed are the star model, the dynamic systems development method (DSDM) and the user-centred lifecycle design model. In addition, this report will assess and ensure an effective web design that is needed for creating websites and meeting the standards of web accessibility. This research will also offer some of main relevant legal, social or ethical issues that may arise during the development of software. Here I will critically evaluate how we

Hidden Valley Resort Research Paper Example | Topics and Well Written Essays - 1500 words

Hidden Valley Resort - Research Paper Example Hidden Valley Resorts are known for the eco-friendly environment that they serve. This report aims at discussing the current marketing situation of the company and also aims at developing a few opportunities for the company. An analysis of the internal as well as the external environment of the company has been made which permits a chance to draw out the opportunities and to study the viability of the opportunities. The report will set down two to three opportunities for the company which can be used to help develop the current market condition. These will be accessed financially and the details like the changes that might occur within the operations of the company will also be discussed. The next section will provide a brief overview of the company and a high-level image of the operations will be discussed. Hidden Valley resorts are a renowned resort located about one and half hours Northwest of Townville in the Paluma range in Queensland. The location of the resorts has untouched nature at its best and there is a wide range of natural species of birds, butterflies, wallabies and also other nocturnal animals. The cabins are known for the carbon Neutral Resort and the operations are based completely on green working. The company operates completely on solar power and as explained on the website of the company, â€Å"... with the help of our friends at Climate Friendly we purchased carbon credits to offset the greenhouse gases we emit into the atmosphere and are now CLIMATE NEUTRAL†. The resort was introduced in 1982. The main focus of the resort then was to cater to the needs of the timber cutters, tin miners and the graziers. The resort has been owned and operated over the last 24 years by Ian and Bonnie McLennan and has been developed over the years to improve and become better.

Analyze a Category of Advertisements Essay Example | Topics and Well Written Essays - 1750 words

Analyze a Category of Advertisements - Essay Example Multiple methods of advertising reaches out to the most people possible. To determine whether these marketing tactics work, a return on the dollar ratio is calculated by each company's marketing team. When looking for certain advertisements to categorize together, it was easy to see that many of them are somewhat similar depending on the product. Fragrance advertisements all look the same with any celebrity aiming to make a dollar has a fragrance line up and coming. Celebrities are also used to endorse a wide variety of products of anything from make up with spokespeople such as Drew Barrymore and Ellen DeGeneres to tennis shoes endorsed by popular athletes such as Michael Jordan. When trying to evaluate which genre of advertising to choose to analyze, I decided upon weight loss program advertisements. This includes weight loss supplements and dieting programs and can even combine that with fitness programs that guarantee that people will get ripped bodies in just a matter of a few m onths. The many avenues for advertising include billboards, television, radio, mobile advertisements, online advertising and print advertisements in newspapers and magazines. When analyzing weight loss program advertisements, various products are marketed on virtually every avenue. The products range from crash diets and magic pills to lifestyle changing diets and workout regimens. For this genre, the marketing processes are all across the board, targeting a variety of people. As Americans, with obesity on the rise, many of these weight loss programs can appeal to a variety of different audiences. However, they are all effective in their own way, appealing to audiences of different ages and both male and female either for an instant weight loss change or one that is more gradual and requires discipline. One advertisement that I have seen rather frequently is one that appears in many celebrity gossip magazines. The product is NV and it promises the product buyer that a person can dro p one jean size in two weeks. The advertisement is endorsed by former Playboy bunny and ex-girlfriend of Hugh Hefner, Holly Madison. She can be categorized herself as a 30-something year old bombshell. Already thin, the advertisement shows Holly Madison heading to a grocery store in an already too tight shirt with a little bit of belly flab hanging out. In the advertisement, it has her own caption written stating that she looked awful in that picture and after using NV got her body back. She is then pictured looking slim and glamorous and the product is called one that acts fast and that it is one of Hollywood's secrets of the stars who need to lose weight immediately. The advertisement prominently displays Holly Madison's hot new body after using a weight loss product and also shows a smaller photo of the actual product. It advertises which major chain retailers that the product can be found and also gives a web address for those looking at the advertisement and says that a person may be able to try a bottle for free. While flipping through other magazines of this same type, celebrity gossip, the same advertisement can be found throughout. Some of them are single spreads and some are even a full three pages of full color advertisements showing the beauty and glamour of being able able to drop weight fast just like the celebrities do. Readers of this type of magazine are typically female and based on the

Urban futures (tutorial short answers) Essay Example | Topics and Well Written Essays - 500 words

Urban futures (tutorial short answers) - Essay Example All such functions are important and take place side by side simultaneously in the same public space in a fine balance. According to Edensor (2011), public space is considered important due to the provision of social centers and necessary activities that occur in such space. A lot of joyful human activities are found in public space, and also offer more room and opportunities for people (Edensor, 2011). Lubin (2012) asserts that public space is formed through opening government buildings and property to the public such as public gardens and public libraries. The reformation and contestation of the public space is something of a hallmark for critical theory regarding geography, cultural studies, philosophy, visual art, urban design, and social studies. Public space has for sometime been miscomprehended to mean places like gathering halls which is technically the essence of the broader social space concept (Lubin, 2012). Edensor (2011) says that through the spatial organization and landscape of public space, the social construction of the public space is viewed to be ruled privately through the explicit and implicit expectations and rules of the public space that are enforced. According to the articles, everyone has a right to use and/ or access public space, in contrary to private space that has particular restrictions. There has been however some presence of academic interest in th e formation and management of public space in the cities. According to Lubin (2012), management measures have been taken to control usage of the public space. The benches have been designed to restrict people from resting and sleeping on them. In some situations, police forces are involved in restraining those who misuse the public space. This is a similar practice in most cities in taking care of the public space (Lubin, 2012). Both Edensor (2011) and Lubin (2012) say that the functions of public space is contested and reformed through the privately owned

Green IT Dissertation Example | Topics and Well Written Essays - 3500 words

Green IT - Dissertation Example The need for this kind of technology has also been necessitated by energy conservation concerns raised by environmental conservation bodies. The reduction in the overall production of computers and the development of proper disposal of the e-waste are some of the factors behind the growth in green technologies (Hassan, Molla & Cooper, 2012). In the early 90s, most computer manufacturing companies in the United States made voluntary efforts to manufacture energy saving computer devices, which were labeled with the energy star mark. Today, government regulations and enactments have acted to strengthen the manufacture and sales of green computers. Such steps are partly facilitated by international treaties and ratifications that are meant to reduce environmental destruction caused by electronic waste (Dedrick, 2010). In this paper, the current advances in the development of green technologies and computing will be analyzed in relation to the available scientific research. A number of pr actice borders on the adoption of green technologies, which guide policy formulation in this sector. This paper will review the practices that guide the development of green technologies in the United States and other developed countries across the world. ... This has necessitated the development and growth of green information and computing as adopted by a number of companies around the world. Sustainability in the manufacture of computers relates to issues such as the economic, environmental and social impacts. Thus, Green technologies and computing work towards ensuring the sustainability of the computer applications in different organizations (Hassan, Molla & Cooper, 2012). The idea behind the development of green technologies was necessitated by the need for energy efficient and environmental friendly computer system. Such a system consumes less energy and reduces the impacts of the e-waste on the environment. In building sustainability in the information technology, green computing seeks to introduce a coordinated planning and investing technology that seeks to serve the interest and desires of the users. According to Ozturk (2011), there exist a distinction between green information technology (IT) and green information systems (IS ). The development of green information technology seeks to create products that increase energy efficiency and the maximization of the equipment utilization. Green information system however concerns the design and implementation of information’s systems, which are capable of improving the overall sustainability and reliability of business processes (Dedrick, 2010). Green information technologies have a number of goals and issues that it seeks to address. The replacement of personal computers with energy efficient computer hardware also forms part of the evolution of green information technology. The energy saving mission of green computing does not just end with efficiency of the hardware but the

Knowledge Is the True Organ of Sight, not the Eyes Essay

Knowledge Is the True Organ of Sight, not the Eyes - Essay Example Quoting Plato’s cave example, Falzon (2002) explains that like Plato’s compelling image of the cave, normal human beings tend to imagine things or believe in things that might merely be shadows or mere appearance, and that real-world could be something very different. Knowledge gained through senses creates images that humans tend to imagine again and again, which might not correlate with reality most of the times. Therefore, knowledge gained through senses might not be appropriate in all situations. Instead, knowledge gained through understanding and rationality helps in misinterpreting the information that senses perceive. It is interesting to note that what we see produces limited knowledge as the information involved is limited; but, what we observe imbibes greater knowledge and information. For example, Placher (1983; p.154) quotes the example of Aquinas's argument that explained how human beings see the changes in the world; but they realize that the changes happe ning in any object is because of changes happening elsewhere. The ability to see the changes happening elsewhere is observation. This observation is important for gaining an understanding of what is happening and its source as well as its outcome. In this manner, distinct events can be related and thus an understanding can be gained, which ultimately leads to improved knowledge.  

Progressive Islam and Environmental Research Paper

Progressive Islam and Environmental - Research Paper Example Any change in Islamic region has often been resisted because it was seen as bringing about western values into the religion. However, with globalization there is need for inter-religious interaction. This necessitates for religions being more accommodative to other religions. This is why many organizations have come about to bring about progress in Islam. This is aimed at making the religion more flexible and only to be based on Islam values and not on strict and rigid rules. This paper discusses the progressive Islam and the environment in which it operates. It is first important to look at the history of Islam in order to discover the need for progressive Islam. By the end of the section you will discover that Islam in itself was not such a strict and rigid religion. The pre-Islamic Arab society was made up of unbelievers. There was need for change at social and political and moral and spiritual level. The need for change at moral and spiritual level met greater resistance than nee d for change at social and political level. This is because the Meccan Society was spiritually and morally stagnant. The spiritual and moral values kept going down. The tribes in the society carried out trade, which brought profits and great wealth. The wealth was concentrated in the few which led them to neglect others. There were all sorts of Idol worship and superstitions in the society. This sort of spiritual degradation was common among the Meccan Arabs. Their customs and traditions became an obstacle to change. Examples of this included burying girl child alive, maltreatment of women and sexual immorality. During this time there were no teachings or writings that could guide the society. The society worshipped the ancestors. There was great religious vacuum in the society. The religion that was around the Arabs was Christianity which they were unwilling to accept because it was associated with Roman dictatorship, which they were against. They argued that accepting Christianity was like losing their independence. The gap between the rich and the poor began causing tensions among the Meccan society. This led to the rise of Qur’an teachings. The teachings responded to these tensions by stressing on knowledge, justice by redistributing wealth in the society and spiritual and moral uplift. This was to solve most of the problems in the Meccan Society. As it can be seen, Islam arose not only as a movement for change but also as a moral and spiritual force. Its insistence on knowledge, social justice, spiritual and moral justice makes the religion inherently progressive. Islam taken from its origin does not need advocating for progressiveness. It responded to moral spiritual and social needs of all. The Qur’an teachings are sympathetic to the weak in the society and gives equal rights to women as men in the society. The Qur’an gives out the rights of women in marriage and inheritance of property and states that women should be given equal di gnity. For this religion to be progressive it must accept the gender equality. The progressive aspects of Islam were lost. The pre-Islamic traditions were not abandoned even after embracing Islam. The poor attitude towards women remained. The people even attempted to interpret the Qur’an together with their traditional believes. This led them to develop their own rules alongside the Qur’an. These laws were known as Sheri’ah. Some of these laws went against the teachings of Qur’an. Take for example allowing triple divorce which was a condemned

Ideology of Pakistan Essay Example for Free

Ideology of Pakistan Essay The ideology of Pakistan stems from the instinct of the Muslim community of South Asia to maintain their individuality by resisting all attempts by the Hindu society to absorb it. Muslims of South Asia believe that Islam and Hinduism are not only two religions, but also two social orders that have given birth to two distinct cultures with no similarities. The ideology of Pakistan took shape through an evolutionary process. Historical experience provided the base; with Sir Syed Ahmad Khan began the period of Muslim self-awakening; Allama Iqbal provided the philosophical explanation; Quaid-i-Azam translated it into a political reality; and the Constituent Assembly of Pakistan, by passing Objectives Resolution in March 1949, gave it legal sanction. It was due to the realization of Muslims of South Asia that they are different from the Hindus that they demanded separate electorates. When they realized that their future in a Democratic India dominated by Hindu majority was not safe; they put forward their demand for a separate state. As early as in the beginning of the 11th century, Al-Biruni observed that Hindus differed from the Muslims in all matters and habits. He further elaborated his argument by writing that the Hindus considered Muslims Mlachha, or impure. And they forbid having any connection with them, be it intermarriage or any other bond of relationship. They even avoid sitting, eating and drinking with them, because they feel polluted. Read more:  Political Issues in Pakistan The Ideology of Pakistan has its roots deep in history. The history of South Asia is largely a history of rivalry and conflict between the Hindus and Muslims of the region. Both communities have been living together in the same area since the early 8th century, since the advent of Islam in India. Yet, the two have failed to develop harmonious relations. In the beginning, one could find the Muslims and Hindus struggling for supremacy in the battlefield. Starting with the war between Muhammad bin Qasim and Raja Dahir in 712, armed conflicts between Hindus and Muslims run in thousands. Clashes between Mahmud of Ghazni and Jaypal, Muhammad Ghuri and Prithvi Raj, Babur and Rana Sanga and Aurangzeb and Shivaji are cases in point. When the Hindus of South Asia failed to establish Hindu Padshahi through force, they opted for back door conspiracies. Bhakti Movement, Akbar’s diversion. IDEOLOGY OF PAKISTAN WHAT IS AN IDEOLOGY? †¢ A political ideology is a system of beliefs that explains and justifies a preferred political order, either existing or proposed and offers a strategy (Institution, processes, program) for its attainment. †¢ An ideology offers an interpretation of the past, explanation of the present and a vision of the future †¢ Ideology is a set of beliefs, values and ideals of a group and a nation. It is deeply ingrained in the social consciousness of the people. †¢ It is a set of principles, a framework of action and guidance system that gives order and meaning to life and human action. HOW IDEOLOGY EMERGES †¢ When thinking of a nation or a social group is rejected. †¢ An ideology emerges when people feel strongly that they are being mistreated under an existing order, when their status is threatened by fundamental changes occurring in the society, and when the prevailing ideology no longer satisfies them †¢ STEPS OF IDEOLOGY EVOLUTION o Consciousness o Analysis of current situation o Creating new thinking o Legitimate – De-legitimate o Role of Leadership IMPORTANCE OF IDEOLOGY †¢ It is a motivating force †¢ It provides a common plate form.

Home School or School House Essay Example for Free

Home School or School House Essay What do George Washington and the Hanson brothers have in common? Do you give up? Well, the answer is that both of them were educated in their homes. Queen Elizabeth, Thomas Edison, and Theodore Roosevelt were also educated at home. According to the Home Education Research Institute, 1. 5 million students are staying home for class today. This number is five times more than ten years ago (Kantrow and Wingert 66). This trend leads to many questions. Does home school education work? Do students receive a proper education? How does a home school students education compare to that of public school student? Does home schooling isolate a child socially? These questions are concerns of parents, educators, and politicians alike. The future of America rests on the academic and social education of our youth, and home school education should be considered as an effective alternative to public school education. In the past, parents mainly chose to educate their children at home because of religious preference. These parents viewed the public school system as a source of negative influence on children. Violence, sex, drugs, and peer pressure were influences these parents sought to avoid. However, today parents have other reasons for home school education, which primarily all point to a lackluster public school system. Other reasons include a desire to build a strong family closeness, safety, and a handful of parents chose home school for their children because of special needs such as disabilities or special talents. However, no matter how good the reasons, the home school education system must prove to be an acceptable alternative to public schools. There are many advantages to giving a student a home school education. First, parents can make direct decisions concerning what their children are taught. According to the Home School Statistics and Reports in 1997, written by founder and President Dr. Brian D. Ray, seventy-one percent of the parents who educate their children hand pick the curriculum from a variety of books, videos, and educational manuals. Another twenty-three percent order entire cirriculum packages (Ray 14). With the technology of today, parents have an unlimited source for information via the Internet, which can be easily integrated in home school education. The study also shows the education level of the parent supervising and administering the curriculum has little or no effect on the  quality of education received by a student. Home-educated students whose parents did not have college degrees scored equally high on tests compared to students whose parents had college degrees(Ray 56). In addition to students own parents teaching them, groups are formed among home school families. These groups allow students to be taught a variety of subjects by different parents that have a better understanding of subjects such as algebra, chemistry, and biology. These groups also take field trips, participate in sports, and do volunteer projects together. Another advantage of home schooling is the quality of education received by the student. How do home school students compare with public school students? This is a very important question to answer, but the answer can never be a concrete one. However all of the research I did shows that students educated in their homes have an equal or higher level of academic skills compared to the public school students. In the 1997 and 1998 ACT test scores, home school students averaged a score of 23; meanwhile the public school students averaged a score of 21(Farris 8). Also, on nationally standardized achievement exams home students again outscored public school students by at least thirty percentile points(Ray 7). While these numbers cant truly reflect the comparison, an equal percentage of students from both groups seek college education(Ray 9). The government on all levels faces problems concerning the public school system. Funding for schools tops the problem list; local school boards and city governments are continuously fighting for tax proposals, meanwhile students in the schools suffer because of poor facilities and low salaries for teachers. The cost for taxpayers to send one student to a public school for one year is approximately $5325, while a home school student costs a parent $546 per year (Ray 11). Could an increase in home schools cut taxes? Could the money allotted for education now be used more effectively if there were fewer students? Maybe or maybe not, but if fewer students were in public schools, the chances of giving the public school student a better educational environment would increase. Many people who oppose home school programs claim interactions with other children at school are vital to their education. However, this argument usually does not work because parents who home school do not want to release their children into the negative influences that infect the public school system. After an interview with Beverly Decateau, a mother who taught her children at home for over seven years; I found that home school students participate in equally as many or more activities than public school students do. Her children and many others she knew of were active in church groups, Four-H groups, sports teams, and dance squads. All of these activities can be considered social interactions. I dont believe the public school system has a responsibility to socialize students; that job belongs to parents. In a public school system, some students can be pinpointed and teased, and these images can damage children for life. Despite the several advantages of the home school system, many people still oppose home schooling. Home school students may not miss interactions with other students, but they will miss the experience. Certain experiences at school are considered an important part of the American way of life. Public school students will never forget experiencing homeroom parties, pep rallies, and finding classes on the first day of high school. Can a home school students experience compare? Probably not, but to what importance these experiences play in the education and socialization skills of a student depends on each individual student. Home school education can cause problems among children and parents. Children who have parents constantly looking over their shoulders may have difficulty breaking away from home to attend college or enter the workplace. Children might also have trouble respecting their own parent as an educator, and this lack of respect may have a negative effect on the students education. In order for home school education to work, the parents must be willing to sacrifice time and patience above and beyond the average parents. The parents must also be willing to give up their own careers for the future of their children. Furthermore, not all children can be successful home school students. The children must be able to make friends in informal settings, and see home school education as a way of exploring different avenues of learning. Not everyone can educate their children at home, but the more students who can receive a solid education at home would improve the education given to students at public schools. Fewer students would lead to smaller classrooms where higher paid teachers could give more attention to public school students. Funds and taxes could be used more effectively because there would be fewer students to accommodate. In the future we should support home school programs and public school education to interact with each other for the benefit of all students. Regardless of where the education of Americas youth takes place, it is vital that parents have a major role in the education of their children in order to build strong families and a strong America. WORKS CITED Decateau, Beverly. Personal interview. 2 NOV 1998. Farris, Micheal. Home Schooling Today. The Washington Times 27 OCT 1998: E8. Kantrowitz, Barbara, and Pat Wingert. Learning At Home: Does It Pass The Test? Newsweek 5 OCT. 1998: 64-70. Ray, Brian D. Home School Statistics and Reports Home School Legal Defense HomePage. Dec 1997 http://www. hsdla. org//.

A Trade Mark

A Trade Mark Introduction A trade mark is a way for one party to distinguish themselves from another. In business, a trade mark provides a product or organization with an identity which cannot be imitated by its competitors. According to section 1(1) of the 1994 Act, a trademark is ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of another’. In Sigla SA v OHIM (Office of Harmonization for the Internal Market) the Court of First Instance (CFI) stated that a trade mark does also convey other messages concerning the qualities or particular characteristics of the goods or services which it covers, such as luxury, lifestyle, exclusivity, adventure, youth. A mark has then an inherent economic value which is independent of and separate from that of the goods and services for which it is registered. The CFI held that ‘these messages are conveyed, by trademarks with reputation and confer on it significant value which deserves protection because the reputation of a mark is the result of considerable effort and investment on the part of its proprietor’. However, how far the UK courts and the European Court of Justice (ECJ) have recognised this â€Å"inherent economic value† of registered trade marks? Relative Grounds for Refusal Marks which conflict with earlier marks or signs may not be registered. The grounds for refusal of the registration of a trade mark are found in section 5 of the Trade Marks Act 1994 and Article 8 of the Community Trade Mark Regulation (CTMR): Identical marks on identical goods and services: section 5(1)/Article 8(1) (a); Identical marks on similar goods and services that there exists a likelihood of confusion on the part of the public which includes the likelihood of association with the earlier mark: section 5(2) (a)/Article 8(1) (b); Similar marks on similar goods and services and there is a likelihood of confusion which includes the likelihood of association, between the marks: section 5(2) (b)/Article 8(1) (b); Identical or similar marks on goods or services which would take unfair advantage of, or be detrimental to, the distinctive character of the earlier mark, without due cause: section 5(3)/Article 8(5). UK incorporated Articles 4(4) (a) of the EC Trademark Directive and 8(5) of the Community Regulation 40/94 into domestic law under section 5(3) of its Trade Marks Act 1994. According to section 6, Earlier Marks cover UK and Community Trade Marks with an earlier registration date and Community Trade Marks with seniority derived from an earlier UK mark. They can also be marks registered under the Madrid Protocol and â€Å"well known† trademarks protected under Article 6bis of the Paris Convention. Article 4(4)(a) of the EC Trademark Directive allows any Member State to provide that ‘a trade mark shall not be registered where, the trade mark is identical with, or similar to, an earlier national trade mark and is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in the Member State concerned and where the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark’. There are four main grounds for infringement, which are set out in section 10 of the Trade Mark Act 1994. They are the same grounds for refusal of registration, as contained in section 5. Any act of infringement is not required to of held any previous knowledge or intention to carry out the act. To infringe, a mark must be used ‘in the course of trade’. Any use which is liable to put at risk the guarantee of origin may be prevented, because this guarantee constitutes the essential function of the mark. Identical and Similar Marks under Section 10(1) If the marks are identical or similar, and the goods and services are identical or similar, confusion must be shown. A mark is considered similar if in the mind of the average consumer the likelihood of confusion for the goods/services is at issue. The marks must be compared as wholes because the average consumer generally recognizes marks as a whole. Section 10(1) prohibits the use of an identical mark to the registered mark upon goods or services for which the mark is registered. In Reed executive v Reed Business Information Ltd it was held that the marks were similar, not identical. The claimant alleged that the defendants had infringed its trade mark. The defendant had used ‘Reed’ as part of the composites ‘Reed Elsevier’ and ‘Reed Business information’. Jacob LJ did not think that ‘Reed Business information’ was identical to ‘Reed’ and he noted that the additional words would not ignored by the average consumer. The ECJ in SA Societe LTJ Diffusion v SA Sadas stated that the criterion ‘must be interpreted strictly. The definition of identity implies that the two elements should be the same in all aspects’. The level of identity between the marks must be high. In Origins Natural Resources Inc v Origin Clothing Ltd the marks ‘Origin’ and ‘Origins’, were held to be similar but not identical. Likelihood of Confusion Likelihood of confusion is arising from similarity with an earlier mark and goods and services for which that earlier mark is registered. If exists a likelihood of confusion on the part of the public, the trade mark will not be registered under section 5(2). Jacob J recommended in British Sugar plc v James Robertson Sons Ltd, that to apply section 5(2) is to ask first whether the marks are the same or similar and then whether the goods are the same or similar. Finally, ask whether the proviso applies and whether there is a likelihood of confusion, including a likelihood of association between the marks. If the answer to all three questions is positive, then there will be a conflict. In Sabel v Puma the ECJ held, that the likelihood of confusion must be appreciated globally, taking into account factors including the recognition of the trade mark on the market, the association which can be made between the registered mark, the sign and the degree of similarity between the mark, the goods and the services. The Court considered that there is a greater likelihood of confusion where the earlier trade mark has a highly distinctive character. It was noted in Ruiz-Picasso v OHIM, that attention would be particularly high as regards goods which are expensive, and highly technological in character. The ECJ said in Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer Inc that, if the association between the marks causes the public to believe that the respective goods come from the same or economically linked undertakings, there is a likelihood of confusion. In Marca Mode CV v Adidas AG it was held that ‘the reputation of a mark does not give grounds for presuming a likelihood of confusion simply because of a likelihood of association in the strict sense’. Protection for Marks with Reputation Article 8(5) of the Trade Mark Directive and Article 4(4) the Community Trade Mark Regulation offer protection for marks ‘with a reputation’, recognising that trade marks do more than simply signify origin. In Bristol Myers Squibb v. Paranova the â€Å"essential function† of the trade mark was held to be to guarantee origin to the consumer without any risk of confusion. Some marks because of their reputation have obtained a value not confined to the basic distinguishing function of a mark, so that they should be entitled to protection. The CFI give guidance in Sigla on the distinction between the notion of the likelihood of confusion and the risk of unfair advantage. The Court noted that a likelihood of confusion occurs where a consumer is attracted to a product or service covered by the applied for mark because of a misunderstanding that it comes from the same origin as that covered by an earlier mark which is identical or similar. However, the risk of unfair advantage might happen where the consumer is attracted to the mark itself, without confusing the origin of the good or service. The Court in Sigla held that: ‘Article 8(5), ensures that a mark with a reputation is protected with regard to any application for an identical or similar mark which might affect its image, even if the goods or services covered by the mark applied for are not similar to those for which the earlier mark with a reputation has been registered’. Being able to prove that the trade mark ‘has a reputation’ is a key to a trade mark owner’s ability to benefit. Dilution Section 5(3) of the Trade Marks Act 1994 offers the means for an earlier trade mark holder to prevent registration of a later trade mark which dilutes the distinctiveness and exclusivity of his trade mark. The dilution claim it appears as section 10(3) of the Act: A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with or similar to the trade mark, and is used in relation to goods or services which are not similar to those for which the trade mark is registered. The trade mark must have a reputation in the UK, namely the use of the sign must be without due cause and must either take ‘unfair advantage of’ or be ‘detrimental to’ the distinctive character or repute of the trade mark. In Adidas-Salomon AG and Adidas Benelux BV v Fitnessworld Jacobs found that the concept of detriment encapsulates dilution, which is often referred to as ‘blurring’ and means that the mark is no longer capable of arousing an immediate association with the goods for which it is registered or used. This concept of detriment is sometimes referred to as ‘tarnishment,’ and means that the goods for which the infringing sign is used, appeals to the public’s senses which accordingly affects the mark’s power of attraction. Reputation The justification for the laws protecting trade marks focuses on the recognition and their quality. Kur stated that reputation could be claimed by ‘a trademark with a relatively low degree of renown, yet which possesses an attractive, strongly associative image’. The question of the reputation needed by a trade mark to qualify for protection was decided by the ECJ in General Motors Corporation v Yplon . It was stated in this case that the stronger the earlier mark’s distinctive character and reputation, the easier it will be to find that detriment has been caused to it. The ECJ held that the words has a reputation in Section 5(3) of the Trade Marks Act, Article (4)(4)(a) of the 89/104 directive and Article 8(5) of regulation 40/94 require the mark known only by a significant part of the public concerned by the products or services covered by it. To oppose a trade mark under Article 8(5) a challenger must prove in the case of an earlier Community trade mark the trade mark has a reputation in the Community and, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned. The Court held that a national Court when is deciding whether a mark had a reputation has to take into account facts like ‘the market share held by the trade mark, the intensity, geographical extent, and duration of its use, and the size of the investment made by the undertaking in promoting it’. In Hag II the Advocate General stated that trade marks found their justification ‘in a harmonious dove-tailing between public and private interests’, the right purpose of the law being to protect the ‘clarity of the signal transmitted by the mark’. The CFI in Spa Monopole v OHIM-Spa finders , held in that the reputation for certain goods or services can not be extended to other goods and services. The Court held that the reputation for mineral waters could not constitute the evidence of reputation for goods in class 3 (namely soaps, perfumery and cosmetics) and that ‘the proprietor of the earlier mark is not required to demonstrate actual and present harm to his mark. He must adduce prima facie evidence of a future risk, which is not hypothetical, of unfair advantage or detriment’. Marks with Reputation on Similar or Dissimilar Goods Section 5(3) of the 1994 Act has been amended to mirror section 10(3) which is relevant to goods and services that are dissimilar to those of the relevant registration. There is no need for there to be any ‘likelihood of confusion’ for an infringement under section 10(3). It was considered in Davidoff Cie SA and Zino Davidoff SA v Gofkid Ltd that a well known mark should receive the same protection where the goods are similar as it receives where the goods are dissimilar. The Court held that member states were entitled to provide specific protection for registered trade marks with a reputation in cases where a later mark or sign, which is identical with or similar to the registered mark, is intended to be used or is used for goods or services identical with or similar to those covered by the registered mark. In Adidas v Fitnessworld the ECJ held that ‘it is sufficient for the degree of similarity between the mark with a reputation and the sign to have the effect that the relevant section of the public establishes a link between the sign and the mark’. It was considered that where a member state exercises the option under Article 4(4) (a) of the directive it is bound to grant the protection in question in cases of use by a third party of a later mark or sign which is identical with or similar to the registered mark with a reputation, in relation to goods or services which are not similar and to goods or services which are identical with or similar to those covered by that mark. In this case the Court stated that ‘Article 5(2) of the directive establishes, for the benefit of trade marks with reputation, a form of protection whose implementation does not require the existence of likelihood of confusion’. The ECJ considered that Article 5(2) of the Directive must be interpreted in the sense that, where the sign is used for identical goods or services, a mark with a reputation must benefit from protection which as extensive as where a sign is used for non-similar goods or services. Unfair Advantage or Detriment A trade mark will not be registered where the use of the later mark must either take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark. The Court held in Spa-Finders that ‘Unfair advantage encompasses cases of clear exploitation and free-riding on the coat-tails of a famous mark or an attempt to trade upon its reputation, unfairly drawing on and profiting from an earlier mark owner’s goodwill and investment in promotion’. Detriment could take the form of tarnishing or blurring. The association between two marks and between the goods or services to which they relate could be detrimental to the strength and reputation of the earlier mark if it tarnished it by association or made it less distinctive. Evidence of reputation can go a long way toward proving unfair advantage or detriment. Unfair Advantage of the Earlier Mark Advocate General Jacobs in the Adidas case considered that the concept of ‘unfair advantage of distinctive character or repute’, as found in Article 5(2) of the EC Trademark Directive was ‘intended to encompass instances where there is clear exploitation and free-riding on the coattails of a famous mark or an attempt to train upon its reputation’. The CFI in Sigla, stated that the unfair advantage of the repute takes place where there is a risk that the image of the mark with a reputation or the characteristics which it projects are transferred to the goods covered by the second mark, with the result that the marketing of those goods is made easier by that association with the earlier mark with a reputation. Sir Thomas Bingham, in Taittinger SA v Allbev, stated that it would be unfair to allow others to ‘cash in on the reputation that they had done nothing to establish’. In L’Oreal SA v Bellure NV , the defendants were a cosmetic company who were trying to pass off their brand as that of L’Oreal’s. The L’Oreal trade mark is very popular. Jacob LJ looked at the importance of unfair advantage and stated that the relation between the defendants’ packaging and the registered marks, if established, would give an advantage on the defendants. He gave as an example of unfair advantage, where a well known mark in one field is used by another in a same field and therefore excludes the chance for the owner of the registered mark to move into that field in the future. In Akteselkabet af 21 November 2001 v OHIM, the earlier mark benefited from a reputation for ‘apparatus for recording transmission or reproduction of sound or images’ and evidence has been given of its use in sporting events, while the other trade mark was applied for clothing. It was considered by the CFI that as the public was familiarized to seeing the TDK mark on clothing related to sporting events, the use of the second sign on clothing could make the public to believe that such clothing was manufactured by, or under licence from, the owner of the TDK mark. Detrimental to the Distinctive character of the earlier mark It was held in Spa-Finders that there is detriment where the earlier mark is no longer able of beginning direct association with the goods for which it is registered and used. The CFI held that the existence of a link between the marks Spa and Spa-Finders in the mind of the relevant public is not enough to show the risk of detriment to the distinctive character. The Court in Intel Corporation Inc v CPM United Kingdom Ltd said that article 4(4)(a) of the Directive was to be interpreted as meaning that whether there was a link between the earlier mark with a reputation and the later mark was to be assessed globally, taking into account all the relevant factors which included the fact that, for the average consumer, who was reasonably well informed, observant and circumspect, the later mark called the earlier mark with a reputation to mind was tantamount to the existence of such a link between the conflicting marks. It was held in Intel that ‘the fact that the earlier mark had a reputation for certain types of goods or services, and those goods or services and the goods or services for which the later mark was registered were dissimilar or dissimilar to a substantial degree, and the earlier mark was unique in respect of any goods or services, did not necessarily imply that there was a link between the marks’. Jacob LJ thought that there should be more than a ‘mere calling to mind’ of the earlier mark by the average consumer when confronted with the later mark on dissimilar goods. Any detriment should be to the distinctiveness of the earlier mark in relation to the goods and services it covers, no to its attractiveness more generally. The more unique the earlier mark appeared, the greater the likelihood that the use of a later identical or similar mark would be detrimental to its distinctive character. Detriment to the Repute In Claeryn v Klarein the Court considered that the concept of detriment to the repute of a trade mark, often referred to as degradation or tarnishment of the mark, describes the situation where the goods for which the infringing sign is used, appeal to the publics senses in such a way that the trade marks power of attraction is affected. The case of Sigla SA v OHIM, explained that the detriment to the repute occurs where the goods or services, for which the reputed trademark is unjustifiably used, have a quality or a value which may have a negative influence on the image of the earlier mark with reputation. The CFI held in Spa-Finders that there is no ‘antagonism’ between the goods and services covered by the marks which might be detrimental to the repute of Spa mineral waters. The Court notes that it is unlikely that the mark Spa-Finders will tarnish the image of the Spa mark. These marks designate different goods consisting, in mineral waters and, on the other hand, in publications and travel agency services. The Court find that it is unlikely that the goods and services covered by the mark Spa-Finders, even if they turn out to be of lower quality, would diminish the power of attraction of the mark Spa. The closer the goods are the easier to prove a detriment to the repute will be. Without Due Cause When an opponent has established that its earlier trade mark has a reputation, and that use of the applicant’s mark will take unfair advantage of, or to be detrimental to, the earlier mark, the obligation then falls upon the applicant to show that the use would not be without due cause. Jacob LJ noted in L’Oreal v Bellure that the onus of establishing due cause lies with the defendant. In the Nasdaq Stock Market Inc case the CFI held that Nasdaq was distinctive and conveyed an image of modernity which was attractive and relevant to the stock market and to other goods such as the applicant’s. It was considered that the applicant had not established that its use of the trade mark would be founded on due cause within the meaning of Article 8(5), and the Court held that there was no due cause for the applicants use of the sign. The Court in Premier Brands UK v Typhoon Europe, applied the criterion from found that Typhoo was an established brand of tea with a reputation and that the defendant used its mark without due cause. It was held that there would be no likelihood of confusion but proceedings commenced in relation to section 10(3), on the idea that the goods in subject were dissimilar. Neuberger J held that the phrase ‘without due cause’ required an applicant to show some reasonable grounds for using its sign in relation to its goods even this was unfair or detrimental to the earlier mark. Good faith would not justify the registration of a mark. In Hollywood SAS v Souza Cruz SA it was held that ‘the condition of due cause is not fulfilled merely by the fact that the sign is suitable for identifying the products for it is used, the applicant has already used this sign for these or similar products within and outside the territory of the community or the applicant invokes a right ensuring from a filing over which the filing by the proprietor of the opposing trade mark takes precedence’. These factors are guidelines which may the Court use in balancing the competing interests present in dilution cases. Conclusion A trademark is a powerful right. For many businesses, a Trade Mark is a valuable asset which plays a key role in the commercial success of the business. Reputation can improve the distinctiveness of the mark and increase its scope of protection. Trade marks act as a motivation to sustain quality since they act as a guarantee to the consumer. The ECJ has treated the requirement that the trade mark must have a reputation as a threshold that can be included into a global appreciation. As the ECJ has interpreted it, the additional zone identifies that the economic value of a trade mark can reflect ability for doing something more than presenting its important meaning and that this ability can require certain legal protection.

Journalism - From China with Love Essay -- Graduate Admissions Essays

Journalism – From China with Love    The purpose behind this personal statement is to not only gain admission to your well-established and highly respected Masters program, but to impress upon you my passion for learning and my tremendous desire to succeed in the field of journalism. I have based my decision to pursue an academic career not on purely practical reasons, but rather on my own natural interests and aptitude. My personal philosophy is that the biggest loss that a person can suffer is the loss of one's enthusiasm. Without enthusiasm, life becomes monotonous and boring. My enthusiasm for continuous, life-long learning - particularly in the field of print journalism - makes me a model candidate for your Masters program.    Many applicants may claim to be from an underprivileged family, but I freely admit that I was born into a middle class family. My parents are both ordinary citizens that worked for railway companies in China. Through the influences of both my father and my mother, I fell in love with reading at an early age. My mother taught me to read (in Chinese of course) when I was only four years old. This knowledge was the key to the entrance of entire new worlds that I never could have even imagined before I learned to read. By the time that I had entered primary school, I had already finished one of the four classic works of ancient Chinese literature - The Three Kingdoms. Although this was a difficult work of literature for such a young age, I was determined and persistent enough to not only finish the book but to understand and appreciate its deeper meanings. My parents had given me the best gift that a parent can give - the love of reading. My thirst for reading was nearly unquenchable. Fo r... ...I believe that I can become highly skilled and thus better prepared to provide a quality service to society.    Secondly, with China's entry into the World Trade Organization, there will be more demand than ever for information, intelligence and awareness of the underlying meanings of the world's happenings. International and cross-cultural news reporting will inevitably clash as the values and conceptions of Eastern and Western viewpoints collide. There is a gap that must be bridged by individuals that understand Western journalism but also understand Chinese cultural perceptions. I envision a future where there will be a great need of high-caliber journalists that are unafraid of cultural barriers and that are inspired to inquire into the truth of the matters being investigated. If I am accepted into your program, I believe that I can become that individual.

foolear Role of the Fool in William Shakespeares King Lear Essay

The Role of the Fool in William Shakespeare's King Lear In the play King Lear, by William Shakespeare, there are many intriguing characters. Perhaps the most intriguing of them all is the fool. The fool seems to exist outside the play appearing and disappearing without warning. The fool is, however, a necessary character to the evolution of Lear's character, since he is the personification of truth and reason. The fool serves to show Lear how he is going insane, as well as to attempt to delay this inevitability. The fool also demonstrates to Lear the truths about people around him, and tries to point out what treachery and deceit they wish upon him. When Lear is too far-gone to heed the advice and knowledge of the fool, he vanishes without a trace no longer useful, or needed. Right from the beginning of the play Lear shows sings of insanity. Dividing up his kingdom, for the reasons he stated, may seem to be a wise thing to do. Not trusting Cordelia, however, is a sing of insanity, as she is the only daughter who truly loved him. The fool, throughout the entire time he is i...