Essay --

Francisco was the illegitimate son of Gonzalo Pizarro Rodrà ­guez de Aguilar, an Extremaduran nobleman who had fought with distinction in wars in Italy. There is some confusion as to Francisco's date of birth: it is listed as early as 1471 or as late as 1478. As a young man, he lived with his mother (a maid in the Pizarro household) and tended animals in the fields. As a bastard, Pizarro could expect little in the way of inheritance and decided to become a soldier. It is likely that he followed in his father's footsteps to the battlefields of Italy for a time before hearing of the riches of the Americas. He first went to the New World in 1502 as part of a colonization expedition led by Nicolà ¡s de Ovando. San Sebastià ¡n de Uraba and the Darià ©n In 1508, Pizarro joined the Alonso de Hojeda expedition to the mainland. They fought the natives and created a settlement called San Sebastià ¡n de Urabà ¡. Beset by angry natives and low on supplies, Hojeda set out for Santo Domingo in early 1510 for reinforcements and supplies. When Hojeda did not return after fifty days, Pizarro set out with the surviving settlers to return to Santo Domingo. Along the way, they joined an expedition to settle the Darià ©n region: Pizarro served as second-in-command to Vasco Nuà ±ez de Balboa. First South American Expeditions In Panama, Pizarro established a partnership with fellow conquistador Diego de Almagro. News of Hernà ¡n Cortà ©s' audacious (and lucrative) conquest of the Aztec Empire fueled the burning desire for gold among all of the Spanish in the New World, including Pizarro and Almagro. They made two expeditions in 1524-1526 along the western coast of South America: harsh conditions and native attacks drove them back both times. On the second trip they vis... ... 1532, Atahualpa agreed to meet with the Spanish: the Spanish treacherously attacked the Inca, capturing him and murdering thousands of his soldiers and followers. A King's Ransom Pizarro and Atahualpa soon made a deal: Atahualpa would go free if he could pay a ransom. The Inca selected a large hut in Cajamarca and offered to fill it half full with golden objects, and then fill the room twice with silver objects. The Spanish quickly agreed. Soon the treasures of the Inca Empire began flooding into Cajamarca. The people were restless, but none of Atahualpa's generals dared attack the intruders. Hearing rumors that the Inca generals were planning an attack, the Spanish executed Atahualpa on July 26, 1533. Read more: Francisco Pizarro Biography (Explorer/Conquistador) | Infoplease.com http://www.infoplease.com/biography/var/franciscopizarro.html#ixzz2nGtqOFex

Mythology: Edith Hamilton Archetypes Essay

In the myth of Dionysus there isn’t exactly a conflict between two sides of people battling for good or evil, its more as a battle between the two sides of Dionysus’ inner self. Unlike most examples of good versus evil, there isn’t a triumphant side. Just the personality switches between Dionysus being the joy-god or the heartless, savage, brutal-god. The reason for this change is due to the fact that he is the vine god; Wine is bad as well as good. He’d bring up peoples hopes and make them believe that they were capable of anything, but once they were sober again or they became drunk, you could see his dark side begin to arise. The hopefulness would fade and then you could see the people transition into darkness. Symbolic Archetype: Water versus Desert In the story of Dionysus, there’s a part where he comes across a crew from a pirate ship in Greece by the sea. The sailors tried to capture him and saw him as a mortal, rather than the son of a god. In the end, Dionysus turned into a lion and turned all but one of the sailors into dolphins and sent them into the ocean. At this point in the story it shows the first glimpse at Dionysus’ ruthless side, almost as if they’re using this scene in the book at the birth of his â€Å"second side†, setting up the second view point of Dionysus’ personality for future conflicts. Character Archetype: The Outcast In the myth, Dionysus was born in Thebes, he was the son of Zeus and Theban princess Semele- he was the only god whose parents were not both immortal. Before Dionysus’ birth he was snatched from his mother and hidden by Zeus’ side, almost as if he was ashamed by Dionysus. Dionysus was passed from person to person, his mother, Zeus, Hermes, and then to the nymphs of Nysa to be raised. As he became a man, Dionysus became a wanderer, wandering far to weird and strange places. Throughout his life he was often shunned  because many didn’t see him to be as he was- a god. They treated him as a lesser being and in the majority of the myth he is set on proving that he is mighty and punishing those who face him with disbelief. Part Two: Stories of Love and Adventure Chosen Myth: Cupid and Psyche Situational Archetype: The Task Psyche was repeatedly put through seemingly impossible tests by Venus, such as sorting seeds, fetching golden wool, and going to the underworld to ask Proserpine for a box of her beauty. Venus put her through these unruly tasks in hopes to keep Psyche away from her son. But on the other hand, Psyche only completed these tasks due to the fact that she thought it would bring her to her love, Cupid. In the end, Cupid and Psyches love prevailed and Psyches ultimate goal of being with her husband was completed. Symbolic Archetype: Light versus Darkness The battle between light versus darkness can be seen when Psyche and Cupid are together in the cave with each other. Although to Cupid the darkness represented trust and faithfulness in his and Psyches relationship, to Psyche the darkness represented the unknown and fear of her husband being a serpent rather than the son of Venus. When Psyche was about to attack Cupid in the cave, she brought the factor of light into their relationship with the use of the candle. To Psyche, this use of light â€Å"confirmed her love† in the relationship, but also brought along the realization that she had upset Cupid with her lack of trust in the relationship. So all in all the battle of light versus darkness was really a battle of trust. Character Archetype: The Star-Crossed Lovers Unlike the play, Romeo and Juliet, Psyche and Cupid’s love affair didn’t end in tragedy, like the beginning of the myth would lead you to believe. In the myth, Venus’ followers began to shrink and more of the attention from her followers were focused upon Psyche because she was more beautiful than Venus. Venus ordered her son Cupid to make Psyche fall in love with pretty much a scumbag, but instead Cupid fell in love it Psyche. When they were  together Cupid hid himself from Psyche because he knew the repercussions that their love could have. They were two people destined to not be together with every obstacle in their way, but in the end they made it work. Part Three: The Great Heroes before the Trojan War Chosen Myth: Perseus Situational Archetype: Supernatural Intervention On Perseus’ journey for Medusa’s head it was very much expected that he would fail and die, which was Polydectes goal. But in the end he prevailed and completed the mission, due to the fact that he had the luck and support of the Gods on his side. Throughout his voyage he was aided by the support of Hermes and Athena. This can be seen in Perseus’ use of Athena’s shield and Hermes’ sword that he used to attack Medusa. Also, without the help of Hermes, Perseus wouldn’t have been able to find the nymphs of the North, whose gifts (winged sandals, magic wallet, and an invisible cap) also aided him in the defeat of Medusa. Symbolic Archetype: The Whirlpool In the beginning of the myth, Perseus’ grandfather, King Acrisius, was told by a priestess that his daughter would have a son and that her son would kill him. So Acrisius goes out of his way to rid himself of his daughter. He locks her in a castle in hopes that she won’t come across other people and become pregnant. Once he finds out that his daughter does have a son, Perseus, he locks them both into a chest and throws them into the sea. And even though King Acrisius goes through all of this to avoid his death, he learns that fate is unavoidable. In the end Perseus still kills him but rather on accident, not like Acrisius had imagined. So no matter what you do to avoid fate, it’ll happen. Character Archetype: The hero/heroine Throughout Perseus’ journey for Medusa’s head he experienced fluctuations in his motives for the head. He didn’t set himself onto the path of killing Medusa to be a hero, he did it in hopes of making Polydectes happy and giving his mother a nice engagement gift. But when he came back to the  island after the mission and realized that it was in shambles, he used the gifts he got from the gods and Medusa’s head to bring happiness to the island. By turning Polydectes and his followers into stone he freed the people and rid them of their tyrant leader. Thus becoming the hero to the islanders. Part Four: The Heroes of the Trojan War Chosen Myth: The Trojan war Situational Archetype: The Unhealable Wound In the Trojan War the unhelable wound represents both physical and psychological wounds. The first was the start of all of the rest, the kidnapping of Helen from Menelaus, her father, by Aphrodite and Paris. The loss of his daughter brought an unbelievable amount of pain onto the King, driving him to drastic measures, such as war. Also, this archetype can be seen in the sacrificing of Iphigenia, the eldest daughter of the Commander in Chief, Agamemnon. By having to kill his own beloved daughter it brought grief upon him that would linger throughout the war. When the Greek ships reached the rivers of Troy there was a man named Protesilaus, he was the first man to leap ashore, and also the first man to die. His wife, Laodamia, was so sickened with sadness at the loss of her husband that she killed herself just so she could go to the underworld with him; Showing that she felt that she could never be happy without her husband. Another example is when the quarrel between Achilles and Agamemnon sparked over Agamemnon’s prize of honor, Chryseis. Agamemnon’s prize of honor had to be returned and then he ordered his men to steal Briseis, Achilles’ prize of honor. Achilles became so upset over the turning of his own men that he spent his days in his tent wrapped in sorrow. Throughout this myth there were countless of other examples of unhelable wounds like the loss of Hector, the relationships between the gods, the loss of Patroclus, and the abuse of Hectors dead body. Symbolic Archetype: Haven versus Wilderness This archetype can be seen in the comparison of the war versus taking refuge in the tents. You’d think after Achilles’ prize of honor taken away from him and he stayed back at camp rather than fighting in the war that his  haven would be the tents and the wilderness would be the war. But it was just the opposite of that. When Achilles was in the tents he was consumed with despair. When he finally got vengeance for Patroclus death, he was himself once again. Bringing him back into battle made him whole again and brought balance back to the war. Character Archetype: The Damsel in Distress The Trojan War was centered around two sides, the Greeks and the Trojans, fighting over one person- Helen. Helen was the fairest woman in the world, and Paris was promised her as his wife by Aphrodite. The problem with that being that the role of Helen’s husband was already being championed off by her father, Menelaus, to powerful families in the area. Paris was then responsible for kidnapping Helen, thus causing Menelaus to call the Greeks together and start a war with the Trojans to save the damsel in distress, his daughter. In the view of Menelaus, the heroes were the Greeks fighting to save his daughter and the villains were the Trojans. Part Five: The Great Families of Mythology Chosen Myth: The Royal House of Thebes Situational Archetype: The Fall In the start of the city of Thebes, it was blessed with prosperity and wisdom by the gods, but by its â€Å"end† it had experienced some of the worst hardships known to man. When Cadmus and Harmonia, the founders of Thebes, fled from the city to Illyria, the couple was turned into serpents by the gods. They were turned due to their fate, not because of punishment. Their fate was proof of that the innocent suffered as much as the guilty. They turned from the rulers of a great city into serpents. This archetype is also seen in the sub story of Oedipus. In the beginning Oedipus kills the Sphinx and is then made the King of Thebes. In the end, after the truth is revealed about his life, he begins a transition from light to darkness. He becomes blind and then his uncle/brother in law and his sons expel him from the city and he lives the rest of his life in penalty for crimes he wasn’t aware he was committing. Symbolic Archetype: Numbers In the House of Thebes you repeatedly see the use of numbers in the work, such as the numbers five and seven. The number seven is seen in the amount of champions that attack the gates and the seven champions that protect it. The number seven represents the completion of the cycle, and throughout the myth the importance of the seven is burying the seven dead warrior’s bodies. By burying their bodies it brings peace to the community and restores the balance. Character Archetype: Young person from the provinces The hero, Oedipus, was separated from his family as an infant because an oracle had told his father that someday his son would kill him. He was raised away from Thebes, by King Polybus in Corinth. As an adult Oedipus returned to Thebes and overnight became their hero. In Thebes there was an issue with a Sphinx, and for the Sphinx to surrender and kill herself a riddle had to be solved. Seeing the riddle in a new light, Oedipus solved the riddle and freed the people of Thebes from the Sphinx. They made Oedipus their king and for quite some time he ruled the area peacefully. Part Six: The Less Important Myths Chosen Myth: Midas- And Others Situational Archetype: The Initiation In the myth about Pomona, all she cares about are her fruits and orchids. Rather than her coming to a realization about her problems, she came to a realization about love. No matter the man, she was never interested in them because she felt that her plants were enough. She encountered the epiphany when Vertumnus finally revealed his true identity after kissing her and telling her how much he loved her. Once she saw him in the light of who he really was she saw her calling, to be with him and garden together. Symbolic Archetype: The Crossroads The Danaids were the daughters of Danaus, and in the myth his fifty daughters were being forced to marry their 50 cousins, Danaus’ brother, Aegyptus’, fifty sons. Throughout the myth they sisters were trying to avoid  marrying their cousins, but at some point the wedding between them arrived. The crossroads, symbolizes their fathers decision to tell the girls to kill their husbands after they got married. Because of this decision all but one of his daughters were sentenced to life in hell. And Danaus punished the one daughter who didn’t follow his orders. Because of this one choice the daughters fate was changed forever. Character Archetype: The Temptress Usually when you think of a temptress you imagine a hero falling for a girl, and then the girl is the source of his wrong doings, almost as if she urged him to do it. But in this case, it was a little different. Glaucus was a fisherman who was then turned intoa sea-god. Glaucus was in love with a nymph, Scylla. He did everything in his power to try and make her love him. But one day, he went to Circe for a love potion in hopes that it’d make the wonderful Scylla fall for him. But instead, Circe fell in love with him and used a vile of potion to turn Scylla into a monster. So because of Scylla’s beauty and Glaucus’ love for her, his downfall was the jealousy of others centered around love. It’s almost as if you combined Circe and Scylla’s characters into one and it’d form the perfect temptress. Part Seven: The Mythology of Norsemen Chosen Myth: The Stories of Signy and Sigurd Situational Archetype: The Quest Brynhild was a Valkyrie that was punished and put to sleep until some man shall crawl through the flaming fire and awake her. Brynhild wanted a man that was brave to rescue her and the man responsible for that was Sigurd, the son of Sigmund. He completes the journey of having to make his way through the flames with his horse. Once he reaches his end goal, awakening Brynhild, she gives herself to him because he had proved his worthiness and bravery through awakening her. Symbolic Archetype: Fire versus ice In the myth, fire is a reoccurring element. It first shows up when Signy’s children and husband are being burned and she allows herself to burn to  death. It pops up again Brinhild’s couch is surrounded with fire, a task for Sigurd to save her from. And again when Gudrun kills herself and prays to be laid on her husbands funeral pyre. So as you can see, fire is very much linked to life, rebirth, and death. Rebirth and death in the first scenario, birth of opportunities and love in the second, and death in the third. Character Archetype: Hunting Group of Companions Signy made such an effort to make sure she remained close to her family†¦.extremely close. She had a child with her brother, Sinfiotli. The three of them were most often very close together, a close knit family. Through their plans of revenge to avenge the dead they completed the deeds with one another. They were very support of one another and loving.

Paths of Glory vs All Quiet on the Western Front Essay

â€Å"Paths of Glory† and â€Å"All Quiet on the Western Front† are two different stories about the 1st world war. They are similar and different in their own ways. Many children born in North America usually grow up seeing war movies from the America’s point of view. This is different in Paths of Glory and All Quiet on the Western Front. These films/novels display how European countries fought this war, whether it was good or bad. They display both sides of WWI, and when compared can show differences AND similarities. Here are their differences. A thorough look at these two stories can uncover many differences, but the main ones would be the point of view being French and German; a soldiers perspective and an officers perspective; and the outcomes of each side. Paths of Glory(POG) displays France’s view of the war while All Quiet on the Western Front(AQWF) displays Germany’s view of the war. The story AQWF is about German soldiers’ take on the war. It relates more to young readers lives and the struggles of young soldiers in a war. POG on the other hand, targets the officers as the main point of view in the war. It displays the corruption and the loyalty of officers. In POG the French have the upper hand on the Germans in the war and don’t seem to ever be drastically losing, while in AQWF, there is death everywhere and it ends with all of the main characters dying and Germany losing the war. All these things display the differences between these two epic war stories, but there are some similarities. All Quiet on the Western Front and Paths of Glory have very similar main characters, in which the characters both make the same astonishing discoveries. The characters in both cases realize that the real enemy in the war is not the country they are fighting against, but the leaders of their own military. This is much more relevant in the movie, POG, when it shows General Mireau ordering fire on his own troops. However, the theme is still in AQWF. Evidence of this is how Corporal Himmelstoss makes the men’s lives miserable, making them do petty things such as saluting drills. Within the novel the protagonists discover that the men they are against are not much different than themselves. Moreover, this is extremely evident with Paul, the narrator of AQWF, who spends a night in a shell hole with a Frenchman who is dying right beside Paul. Both the novel and the film show the bad living conditions, although the novel is from the German viewpoint and the film, from the French viewpoint. There are many other differences in the plots of the two stories. Similarities and differences are evident throughout All Quiet on the Western Front and Paths of Glory. The differences being the outcomes of each side, the points of view between the two countries and the points of view between officers and soldiers. The similarities of course being the corruption, the living conditions and the shared setting/time period of WWI. When all is said and done, the differences and similarities of these Great War stories make the pair amazing themes to compare and contrast.

IN THE DISPUTE AT THE PATENT OFFICE Essay Example

IN THE DISPUTE AT THE PATENT OFFICE Essay Example IN THE DISPUTE AT THE PATENT OFFICE Essay IN THE DISPUTE AT THE PATENT OFFICE Essay IN THE DISPUTE AT THE PATENT COURT REGARDING MR. BURNS’ TRADE MARK APPLICATION Opinion I am asked to rede Mr Burns in respects to a difference originating from two hallmark applications, which have been challenged by a figure of parties. The applier has submitted two applications for trade grade enrollment, one affecting a word only’ enrollment ( Burnsey’s Bread ) , and a word and device mark’ application, which has been herein submitted as Appendix 3. I will later rede on the virtue of each resistance to the applications, and the suggested responses, separately. Ms Nadine Burns Ms Burns has challenged the enrollment of the word, Burnsey’s Bread , on the footing of subdivision 5 ( 4 ) of theTrademarks Act 1994, which regulates the construct of passing off’ . Ms Burns runs a bakeshop, which is in an indistinguishable line of concern to that of Mr Burns, and trades under the name of Burns the Bread , and Burns the Bread Again . I have discovered, by manner of seeking the public database of the Patent Office, that Ms Burns’ trading names are non registered trade Markss, and therefore overcast the direct application of the jurisprudence in this respect. However, subdivision 5 ( 4 ) ( a ) of theTrademarks Act 1994allows for a trade grade enrollment to be disallowed by virtuousness of any regulation of law†¦ protecting an unregistered trade grade or other mark used in the class of trade . Case jurisprudence has indicated that a passing off action must incorporate three demands to win: ( a ) the being of the claimant’s good will ; ( B ) a deceit ; and ( degree Celsius ) harm ( or probably harm ) to the plaintiff’s good will or repute:Reckitt A ; Colman Products Ltd v Borden Inc[ 1990 ] 1 All ER 873 ( per Lord Oliver ) . The tribunals have defined the first demand, the claimant’s good will, as a repute that has been gained by the house over the class of old ages of honest work, or by a significant outgo of money:Trego V Hunt[ 1895 ] AC 7. Given that both of Ms Burns’ bakeshops have been runing for seven old ages, it is sensible to presume under jurisprudence that Ms Burn’s has gained sufficient good will to fulfill this trial in its pure signifier. However, one must see how far this good will extends geographically, and whether it affects Mr Burn’s trade grade application. It may be possible for Mr Burns to register the trade grade on the footing that Ms Burns has non achieved good will on a big plenty graduated table to impact Mr Burn’s concern, provided that the two companies’ service radius does non overlap:Maxim’s Ltd V Dye[ 1977 ] 1 WLR 1155 ;Sheraton Corp of America v Sheraton Motels[ 1964 ] RPC 202. In respects to the 2nd trial, deceit, the action would necessitate to fulfill the trial as to confusion of beginning, which means that the populace may be placed in a state of affairs where they may be confused as to where the merchandise came from, or who supplied it:Coombe International V Scholl[ 1977 ] RPC 1. Case jurisprudence besides implies the impression of the reasonable consumer’ , in other words, would a sensible individual in the consumer’s place be expected to be able to clearly and easy separate between the two beginnings?Morning Star v Express Newspapers[ 1979 ] FSR 113. Additionally, the deceit besides needs to happen in similar industries, otherwise tribunals will by and large keep that a deceit has non occurred:McCulloch V May[ 1947 ] 2 All ER 845 ;Stringfellow V McCain Foods[ 1984 ] RPC 501. Sing these demands of the deceit trial, it would look that Ms Burns may hold cause for action in this respect. When one considers Burnsey’s Bread and Burns the Bread has similar representations, are in the same industry and may overcast the public’s ability to do a clear differentiation between the two concerns, it may be that the Patent Office will make up ones mind in favor of Ms Burns in footings of deceit. The concluding demand for a passing off action to win is for there to be harm, or likely harm, to the claimant’s repute as a consequence of this trade grade enrollment. This harm need non be touchable:Taittinger SA V Allbev Ltd[ 1993 ] FSR 641 ;Choccosuisse Union des Fabricants Suisse de Chocolat A ; Others v Cadbury Ltd[ 1998 ] RPC 117. In this respect, it may be possible that, should Mr Burns seek to put up a franchise in the same local country as Ms Burns, so the deceit may do some confusion to clients, and therefore below the belt affect Ms Burns’ repute based upon this deceit and confusion. As the instance jurisprudence suggests, the likely harm to reputation need non be touchable in order to fall within the wide and distinguishable class of harm. It would look that Ms Burns may hold evidences to fulfill the harm trial. In drumhead, Ms Burns may hold evidences to seek protection of her unregistered right to the name Burns the Bread . This right comes under subdivision 5 ( 4 ) ( a ) of theTrademarks Act 1994, and has been elaborated upon by many case in points. If Ms Burns were successful in her action, so she may seek an interlocutory injunction that would curtail Mr Burns’ ability to utilize that trade grade in the class of concern:American Cyanamid Co v Ethicon Ltd[ 1975 ] AC 396 ( per Lord Diplock ) . However, it may be in the best involvements of Mr Burns to seek a determination by the office that would register the trade grade, on the footing that Mr Burns undertakes non to run a concern that would straight vie with Burns the Bread in the same local geographic country. If Mr Burns was to do this project, so the bench may seek to keep that Ms Burns’ good will is non sufficient on a national graduated table to amount to show protection across the state. This would, in bend, mean tha t the Patent Office should disregard the challenge and registry Mr Burns’ trade grade. Mr Munch Mr Munch has written to Mr Burns in resistance to the proposed enrollment of the word trade grade, on the footing of the comparative evidences given under subdivision 5 ( 2 ) of theTrademarks Act 1994. These commissariats prohibit the enrollment of trade Markss that are indistinguishable to one registered earlier, or similar to an earlier enrollment which may take to confusion of the populace, and possible association between the two trade Markss. The two Markss must besides be in the same industry in order for protection under these commissariats to be given. Mr Munch’s trade grade was published for resistance intents on 14ThursdayMarch 2006, harmonizing to the registry of the UK Patent Office. Mr Munch has made an application in category 43 sing proviso of catering services, which is a category identical to that of Mr Burns. While Mr Munch’s grade is non at full enrollment position by the Patent Office, subdivision 6 ( 1 ) of theTrademarks Act 1994defines an earlier grade as being one which has a day of the month of application for enrollment earlier than that of the trade grade in question . Mr Munch’s initial application to the Patent Office was made on 19ThursdayDecember 2005. The common jurisprudence besides gives rise to an statement that if an applier can turn out that his or her services are provided in a different industry to that of the opposition, so enrollment will be allowed:Seahorse Trade Mark[ 1980 ] RPC 250. While it is clear that both parties to the difference have filed for enrollment of trade Markss in category 43 ( sing proviso of catering services ) , merely Mr Burns has filed in the category 30 class ( bakery merchandises ) . It would hence be sensible to reason that the two parties are in separate industries, given that Mr Burns merely supplies providing merchandises in so far as supplying mass measures of his merchandise to consumers. Mr Munch, on the other manus, specialises in big scale events, which Mr Burns does non make. Mr Munch is non a baker, and hence it would be unreasonable for this resistance to be allowed on this footing. Another common jurisprudence trial is available sing phonetically similar word Markss. Under this trial, a trade grade would non be registered if it was deemed to be phonetically similar to an earlier registered trade grade ; in so far that it would do confusion as to the beginning of the goods or services:Aristoc V Rysta[ 1945 ] AC 68. Given that the two trade Markss are non at all similar in pronunciation or sentence structure, it would be impossible for the opposition to fulfill this trial, and therefore win in an action under subdivision 5 ( 2 ) ( B ) of theTrademarks Act 1994. Overall, it would look improbable that Mr Munch would accomplish success in his resistance to the trade grade enrollment application made by Mr Burns. The earlier trade grade that Mr Munch holds the rights to, while registered and recognised for the intents of resistance in conformity to subdivision 6 ( 1 ) of theTrademarks Act 1994, does non bear important similarities to Mr Burns’ trade grade, nor does it impact the class of concern of Mr Munch in any direct manner. It has been established that the concerns of Mr Munch and Mr Burns are in separate and distinguishable industries, even though they fall within the same category for trade grade enrollment intents. It would be unreasonable for a tribunal to presume that the two trade Markss conflict with one another, as the two parties go about their concern in separate ways. Mr Burns runs a bakeshop store, while Mr Munch runs corporate events. It would be insufficient of the opposition to trust upon the statement that they have gained such important credibleness on a national and international graduated table that any usage by Mr Burns of a similar trade grade may impact upon this good will, irrespective of the industry:Oasis Shop Ltd’s Trade Mark Application[ 1998 ] RPC 631. TheOasisinstance besides bears significance in the sense that the two trade Markss in inquiry in that instance were similar, if non virtually indistinguishable, in a phonic sense. In Mr Burns’ instance, his trade grade bears small or no resemblance to an earlier registered trade grade, apart from the sharing of one word, and can non be opposed in this respect. It would be my recommendation that Mr Burns bespeak a hearing from the Patent Office, which would give him the chance to show his instance. This is to guarantee that the resistance is dealt with reasonably, and in conformity with the rules of the regulation of jurisprudence. Currently, Mr Munch has non requested a hearing through official channels from the Patent Office, which signifies that he does non desire to give Mr Burns the right of answer ; instead he intends to take action by private agencies with the Patent Office. It may good be that the Patent Office will bespeak a hearing of their ain agreement, but by bespeaking a hearing, Mr Burns would be covered in the event of absence of any such action, and it would let the Patent Office to hear both sides of the instance reasonably and in conformity with natural justness. It would hence be my sentiment that the opposition, Mr Burns, does non hold sufficient evidences to prolong an interlocutory opinion against Mr Burns, curtailing him from utilizing the grade ( or to seek amendss ) , by trusting upon subdivision 5 ( 2 ) of theTrademarks Act 1994. The two Markss are non indistinguishable, and bears small to no resemblance to one another. Mr David Burns Mr David Burns ( the opponent ) has lodged a protest against the enrollment of the device depicted in Appendix 1, submitted by Mr Burns ( the applicant ) . This challenge is made under subdivision 3 of theTrademarks Act 1994( sing the device being devoid of any distinguishable character ) , and subdivision 5 ( 2 ) of the same Act ( sing similarities to earlier registered trade Markss ) . The opposition holds the rights to the trade grade attached to this papers as Appendix 3, officially known to the Patents Office as Trade Mark Number 2311787. This image depicts a conventionalized image based on a loaf of staff of life, every bit good as the words Burnsey. Eat. Drink . The image is an artist’s feeling. The applicant’s design submitted for enrollment depicts an image of a chopped loaf of staff of life, which has non been stylised or artistically altered in any manner. Additionally, it contains the phrase Burnsey’s Bread . In respects to the resistance under subdivision 3 of theTrademarks Act 1994, such a proviso prevents trade Markss from being registered if they do non show any elements of peculiarity, or individualism, that makes that peculiar owner unique from other concerns in a similar line of work:AD2000 Trade Mark[ 1997 ] RPC 168 ;Proctor A ; Gamble’s Trade Mark Application[ 1999 ] RPC 673. This definition by the tribunal has been specialised to keep that trade Markss which depict the goods or services to which they are applied can non be held as distinctive:H. Quennel Ltd’s Application[ 1954 ] 72 RPC 36. In sing these common jurisprudence readings of subdivision 3 of theTrademarks Act 1994in the applicant’s fortunes, it is clear that there are sufficient evidences for this enrollment to be opposed. It would most likely by the opponent’s statement that, because the device merely depicts staff of life, and non in any typical signifier, it would non be possible to hol d this device registered in conformity with the Act. This can be deduced by mention to the opponent’s registered grade, which uses a conventionalized artistic design to separate the concern and its goods and services. Given this clear deficiency of differentiation, it would look that the opposition has a valid instance in jurisprudence, under subdivision 3 ( B ) of the Act, to hold this enrollment dismissed under absolute evidences. The opposition besides makes an extra claim, mentioning subdivision 5 ( 2 ) of theTrademarks Act 1994as comparative evidences for refusal. To confirm such a claim, it by and large requires an premise to be made by the tribunals, based upon some finding of fact. Under subdivision 6 ( 1 ) of the above Act, any trade grade that has an earlier initial application day of the month than the applicant’s will be considered an earlier mark for the intents of subdivision 5 ( 2 ) and, given that the opposition made the application on 3rdOctober 2002, this is clearly the instance. Furthermore, if the opposition can turn out that the applicant’s trade grade is in a similar industry to his or her ain, and such a grade would do confusion in the public head as to the beginning of the goods, so the grade may non be registered:Seahorse Trade Mark[ 1980 ] RPC 250 ;Aristoc V Rysta[ 1945 ] AC 68. Given that the applicant’s grade is virtually indistinguishable, nevertheless non expres sly, so this may be evidences for non enrollment. The applicant’s grade appears on the device as Burnsey’s Bread . The opponent’s appears as Burnsey. Eat. Drink. . This may do the populace to believe that the opponent’s grade is simply an alternate version of the applicant’s, and therefore they may be confused as to who really provided the goods. Therefore, the opposition would most likely win in seeking an interlocutory opinion forestalling the enrollment and usage of the applicant’s trade grade in its current signifier. It would be my recommendation that the applicant seek to amend his design, based upon the strength of the opposition’s instance in this affair. There is small opportunity of success if the applicant seeks to prosecute enrollment of the word and device grade in its current signifier. It would be in the applicant’s best involvements to do the image and words something typical and non-similar to others, possibly by utilizing a anonym and a conventionalized artistic design. General Conclusions Based on the information presented to me for sentiment, I would propose that Mr Burns has ground to seek to hold the word trade grade registered, nevertheless I would urge discontinuation of proceedings of the word and device grade. The resistance to the word merely trade grade seems to miss significant virtue, and may be easy defeated at a hearing by the Patents Court. However, the word and design trade grade present a figure of issues that would necessitate to be resolved before it could be passed. There is no clear defense mechanism at jurisprudence which would let the trade grade to be passed in its current province, given its similarities to other trade Markss in its industry. Therefore, I would rede Mr Burns to travel to a hearing at the Patents Court to settle the affairs between himself and Mr Munch and Ms Burns, for the grounds I have outlined above. The jurisprudence proves that Mr Burns may hold a instance against these two parties. Bibliography Books Bently, L and Sherman, B,Intellectual Property Law( 2001, 2neodymiumerectile dysfunction ) , London: Oxford University Press Cornish, W and Llewelyn, D,Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights( 2003, 5Thursdayerectile dysfunction ) , London: Sweet and Maxwell Hart, T and Fazzani, L,Intellectual Property Law( 2004, 3rderectile dysfunction ) , London: Palgrave Phillips, J ( erectile dysfunction ) ,Butterworths Intellectual Property Law Handbook( 2003, 6Thursdayerectile dysfunction ) , London: Butterworths Phillips, J, and Firth, A,Introduction to Intellectual Property Law( 2001, 4Thursdayerectile dysfunction ) , London: Butterworths Legislation Trademarks Act 1994 Cases AD2000 Trade Mark[ 1997 ] RPC 168 American Cyanamid Co v Ethicon Ltd[ 1975 ] AC 396 Aristoc V Rysta[ 1945 ] AC 68 Choccosuisse Union des Fabricants Suisse de Chocolat A ; Others v Cadbury Ltd[ 1998 ] RPC 117 Coombe International V Scholl[ 1977 ] RPC 1 H. Quennel Ltd’s Application[ 1954 ] 72 RPC 36 Maxim’s Ltd V Dye[ 1977 ] 1 WLR 1155 McCulloch V May[ 1947 ] 2 All ER 845 Morning Star v Express Newspapers[ 1979 ] FSR 113 Oasis Shop Ltd’s Trade Mark Application[ 1998 ] RPC 631 Proctor A ; Gamble’s Trade Mark Application[ 1999 ] RPC 673 Reckitt A ; Colman Products Ltd v Borden Inc[ 1990 ] 1 All ER 873 Seahorse Trade Mark[ 1980 ] RPC 250 Sheraton Corp of America v Sheraton Motels[ 1964 ] RPC 202 Stringfellow V McCain Foods[ 1984 ] RPC 501 Taittinger SA V Allbev Ltd[ 1993 ] FSR 641 Trego V Hunt[ 1895 ] AC 7

Stalwart

Stalwart Stalwart Stalwart By Maeve Maddox A reader asks for clarification regarding the word stalwart: I am confused about the meaning of â€Å"stalwart† in the following context: â€Å"One of the most influential companies in high technology right now may be a 135-year-old industrial stalwart.† According to OED, as a noun, stalwart means â€Å"loyalist, hard-working supporter.† Nonetheless, I fail to grasp the meaning of stalwart qualified by industrial as adjective. As a noun, stalwart has more than one meaning; â€Å"loyal supporter† is only one of them. Stalwart began as an adjective. The Old English adjective stalworth was applied to things like ships to mean â€Å"serviceable.† When applied to people and animals, it meant, â€Å"strongly and stoutly built.† The meaning extended to include brave, courageous, and valiant. In Scots dialect, the word became stalwart and was reintroduced into English thanks to the popularity of the novels of Sir Walter Scott. In modern usage, stalwart functions as both adjective and noun. Adjective As an adjective, stalwart means, resolute, unbending, and determined, as well as brave, courageous, and valiant. For example: The epic valor of the Greeks in driving back the Italian invaders together with Britain’s stalwart resistance to Hitler’s crushing blows, has given new meaning to human courage in war. Her stalwart defense of the environment in Maryland is embodied in her support for building a green jobs workforce, protecting the Chesapeake Bay, and for a clean energy economy. Noun â€Å"A stalwart† can be a person who has achieved wide recognition in some business or pursuit: Hollywood stalwart Ernest Borgnine dies at age 95 Josh H. Groce, a  noted stalwart  of the Texas trial bar Or it can refer to a company or institution that has been in operation for a long time. This is the sense in which stalwart is used in the sentence submitted by the reader. Here are some more examples of this use of stalwart to refer to a company: Sales for the New York-based pharmaceutical stalwart  were $13.56 billion against last years $13.89 billion. The remaining companies experiencing growth last year [included] electronics retailer HHGregg Inc. and pharmaceutical stalwart Eli Lilly and Co. And while many of its architects are well-known Silicon Valley companies, longtime Milwaukee industrial stalwart Rockwell Automation Inc. has positioned itself at the heart of the phenomenon, which some consider the next industrial revolution. Finally, in the context of politics, the noun stalwart means, â€Å"a sturdy uncompromising partisan†: AIPAC lauds re-election of pro-Israel stalwarts First deficit panel picks are Democratic stalwarts Utah is overall a conservative state much in line with the public policy principles of Republican stalwarts like Gov. Mitt Romney, Gov. Michael Leavitt and Gov. Jon Huntsman.   Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Masters Degree or Master's Degree?44 Resume Writing TipsPersonification vs. Anthropomorphism

Mock Concept Paper for Dissertation Research Proposal

Mock Concept Paper for Dissertation - Research Proposal Example Employment gives people tasks and responsibilities that keep them busy, which leaves them with little time to engage in vices that might lead to criminal activities. The most common methods of crime prevention are through deterrence, which is achieved by incarcerating offenders in jails, prisons and penitentiaries. The basic principle with this method is that it denies offenders their basic freedoms of movement and association amongst others. Depending on the terms of their incarceration, offenders eventually get to return to their communities and societies, which are referred to as reentry. The process of reentry poses different challenges depending on the nature of their communities and societies. This is because there exist various stereotypes and perceptions with regard to people who have been involved with crime. The degree of successful reentry into society after incarceration determines the levels or extent of recidivism of offenders. Previous research studies have established a connection or relation between employment, reentry and recidivism of offenders in society. Various factors play a role in determining the success or failure of re-integrating back into society or their recidivism into crime and incarceration. Employment is a key factor in these matters because it determines whether they are able to cater for their needs in a sustainable and lawful manner. Statement of the Problem The role of employment as a factor in offender reentry and recidivism provides a potential avenue for further study into the role that it can play in rehabilitation efforts away from institutions. Employment ensures that offenders are engaged in constructive endeavors that benefit themselves and their community. Various factors influence the ability of offenders to acquire or attain employment after they rejoin their communities. These factors have varying effects depending on the individual and characteristic society or community. As it has been established by previous studies, employment or its lack is a major instigator of crime. This is because; employment provides a source of livelihood, without which an individual is forced to seek alternative means of earning a living. In today’s world, alternative sources of earning a livelihood are permeated with illegal aspects that land people in jail. There are various independent (IV), dependent variables (DV), mediating and moderating variables that have been the subject of research studies regarding their influence on employment and crime (Fairchild & Mackinnon, 2009). A key construct in the journal article ‘Reentry and the Ties that Bind: An Examination of Social Ties, Employment and Recidivism’, are the social ties of an offender reentering society (Berg & Huebner, 2011). Researchers in this study found out that offenders who maintained social ties with their families and obtained steady work were less likely to recidivate (Berg & Huebner, 2011). A research study was conducted u nder the title, â€Å"Predicting Recidivism for Released State Prison Offenders: Examining the Influence of Individual and Neighborhood Characteristics and Spatial Contagion on the Likelihood of Re-incarceration† (Stahler et al. 2013). In another research study, the effects of Minnesota Prison-Based Educational Programming on Recidivism and Employment were

Health and illness across the lifespan of diabetes Essay

Health and illness across the lifespan of diabetes - Essay Example All countries around the world should ensure proper care on those infected, to improve their lifespan. Diabetic pathophysiology calls for the comprehension of knowledge of the essentials of carbohydrate metabolism and the insulin action. Diabetes would then occur when there is an imbalance between the demand and the processing of the hormone insulin in the body. The bigger picture here is the control of the blood sugar (Katon et al 2013, p. 78). Food taken is broken down into sizeable components. The breaking down of sugars and carbohydrates into glucose gives the body some energy reservoir. A healthy individual would have insulin to regulate the excess sugar in the body. This is the reason as to the explanation of the fall of insulin in the case where the blood glucose level goes down too and vice versa (Chang & Johnson, 2008, p. 90). If insulin production and secretion gets interference from body anomaly, the blood glucose dynamics would definitely change. In the case where glucose penetration into body cells finds a challenge, the resultant effect is hyperglycemia. From the nurse’s desk, many things would make one diabetic. Some like one’s weight, and how one exercises, heart disease, and stroke may get a quick remedy from a nurse. On other occasions, one’s age, family history is not a preventable bite for one to turning diabetic. According to research, there are some groups of individuals prone to getting diabetes (Snoek, & Skinner 2005, p. 88). Among these, people who have close relatives who are diabetic, people over 40 years of age, and those who have periodic high blood pressure, high cholesterol levels or other fats in their body blood. Other vulnerable groups include those individuals who have had prior gestational diabetes or having given birth to a baby that weighed more than 4 kilograms. Those who with some sought of disabilities and those diagnosed with pre-diabetes fall