Law Essay Example About UK Trademarks and Intellectual Property - Free Essay Example

Part A In the UK, trademarks are filed and protected on a first-come first-served basis. In this case, therefore, the Canadian All Reds have registered a trademark in the UK and this will take priority over the attempt by Preston Rugby Union Club (PRU). Therefore, when PRU go to register the name ‘Lancashire All Reds, the Canadian All Reds could object to the registration. There are several grounds upon which they could object to the registration; these objections would have to be lodged at the Company Names Tribunal which is a department within the UK Intellectual Property Office. In order to make an objection, it will be necessary for the Canadian All Reds to show that the name is the same as their name and that they have built up a degree of goodwill or reputation with the name. The name does not have to be exactly the same; however, it does have to be so similar that it is likely to mislead individuals into believing that the two are linked. One of the factors that have been established when objecting to a trademark registration is that ‘a genuine, properly substantiated likelihood of confusion exists. The case of Royal Berkshire Polo Club stated that, in order for an objection to be successful, it is absolutely essential that there is this element of confusion. In this case, the Royal Berkshire Polo Club attempted to register a trademark that was objected to by the Polo Ralph Lauren Company by virtue of section 5(2) of the Trade Marks Act 1994, stating that it believed the mark was similar to identical goods. This would be the same objection that the Canadian All Reds would bring, due to the fact that they are similar products and that confusion is likely . It was also argued by Ralph Lauren that they had built up a substantial amount of goodwill and as the Canadian All Reds have been in operation for over a century and gained considerable success in this time, it is likely that this argument could also be used by the Canadian All Reds. It was held, in this case, that it was necessary to consider what a reasonable consumer would think and whether confusion would be reasonably likely. Based on this, it will be necessary for the Canadian All Reds to argue that allowing the name ‘Lancashire All Reds (particularly given their nickname ‘All Reds) would confuse consumers. As the Canadian All Reds trademark is registered in the UK and the Lancashire All Reds are also attempting to register in the UK, there is a definite overlap of jurisdiction. Moreover, it is also highly likely that there would be some confusion due to the fact that both organisations operate substantially in the same market place, i.e. in rugby. Based on this and combined with the fact substantial goodwill has been built up in the name ‘Canadian All Reds, it would seem likely that they would be able to object, successfully, to this trademark registration. Part B One of the first issues that the Canadian All Reds will have to consider is whether or not they actually own the intellectual property rights to the logo. The logo was designed by an independent designer employed by the Canadian All Reds. In these circumstances, it would be normal for the contract between the designer and the Canadian All Reds to ensure that any intellectual property rights stemming from the relationship are vested in the Canadian All Reds; this needs to be checked, before the Canadian All Reds could bring any action. The logo is not registered and therefore the action open to the Canadian All Reds would be either passing off or design right infringement . Design rights protect the unique shape or design of a product and not the two dimensional shape. For example, in this case, the actual design of the scarves could be protected and the Canadian All Reds could bring an action against John in relation to the scarves, alongside any action being brought in relation to the logo itself. Design rights are not registered; they are automatically vested in a new design when it is recorded in material form. The Canadian All Reds, therefore, need to ensure that the design right in the merchandise is vested in them, before they become available to the public. This will be the evidence required in order to ensure that an action against John is possible. It should be noted that design rights only exist in the UK and although international recognition is possible, it is not offered as standard. Clothing is capable of gaining design right protection as held in the unreported case of Jo-Y-Jo Ltd v Matalan, in 1999, where knitted vests were held to have design right protection. Alternatively, the Canadian All Reds could bring an action for passing off as defined in Reckitt Colman Ltd v Borden Inc , which they would be able to bring if they could prove that they have built up goodwill in their logo and that the logo of PRU was established and could be a misrepresentation which would confuse consumers. Finally, the Canadian All Reds would have to prove that they had suffered loss as a result. In this case, it may be difficult to prove that the loss has actually occurred, unless the Canadian All Reds could show that individuals were purchasing items from PRU instead of themselves, by accident, which is unlikely for rugby union fans who would understand the differences between the two teams. Part C In this case, the Canadian All Reds would have to rely on the law of passing off in order to prevent John from selling the scarves outside the grounds. It does not confer an exclusive right on the owner; it is a protection from misrepresentation. In order to prove the case for passing off, it would be necessary for the Canadian All Reds to show that they had goodwill in the mark, which they do have, and that there had been some form of misrepresentation and that this had damaged their goodwill . It would be up to the Canadian All Reds to show that they did have goodwill in the goods and the logo; they would also have to prove that there had been some form of false representation, whether it was intentional or not, to the public, by virtue of the goods being offered by John. For this to be the case, it will be necessary for them to show that there is a likelihood that the public would be deceived, but it has been established that the standard is not that of a ‘moron in a hurry , but rather the public at large . The court will determine whether or not there is a similarity in terms of the goods . This may result in a difference of opinion in terms of whether or not the scarves without the words ‘All Reds on them would be deemed passing off, in comparison to the ones without the words on the scarves. When considering all factors including the look of the scarves, it is more likely that the court will deem the scarves with the words ‘All Reds written on them to be more deceptive than the plain scarves. A similar case was seen in Arsenal Football Club v Matthew Reed . In this case, Mr Reed was selling unofficial merchandise such as scarves and hats that included marks similar to those of the Arsenal crest and logo. Arsenal brought an action for trademark infringement against Mr Reed, but Mr Reed argued that he was not using the mark as a trademark and was using it, rather, as merchandising, despite the fact that it was accepted that the custome rs did not necessarily think that the goods had come from the club, but rather that is was a ‘badge of support, loyalty or affiliation. It was held, in this case, that it could be a trademark infringement where the use of the mark undermined the essential function of a trademark and that by allowing the merchandise to be sold, it would mean that the function of a trademark was a way of identifying origin. The judge stated: ‘As the ECJ pointed out, the actions of Mr Reed meant that goods not coming from Arsenal but bearing the trademarks, were in circulation. That affected the ability of the trademarks to guarantee the origin of the goods. Based on this, it is expected that the Canadian All Reds could rely on this case to prevent John from selling the merchandise. Bibliography Bainbridge, David I., Intellectual Property, Pearson Education, 2006 Bogusz, Barbara, Cygan, Adam Jan Szyszczak, Erika M., The Regulation of Sport in the European Union, Edward Elgar Publishing, 2007 Bosworth, Derek L. Webster, Elizabeth, The Management of Intellectual Property, Edward Elgar Publishing, 2006 Colston, Catherine Middleton, Kirsty, Modern Intellectual Property Law, Routledge Cavendish, 2005 MacQueen, Hector L., Waelde, Charlotte Laurie, Graeme T., Contemporary Intellectual Property: Law and Policy, Oxford University Press, 2007 Michaels. Amanda Norris, Andrew, A Practical Guide to Trade Mark Law, Sweet Maxwell, 2002 Phillips, Jeremy, Trade Marks at the Limit, Edward Elgar Publishing, 2006 Spinello, Richard A., Intellectual property rights, Library Hi Tech, 25, 1. 2007 Vaver, D., Intellectual Property Rights: Critical Concepts in Law, Taylor Francis, 2006 Wadlow, Christopher, The Law of Passing-Off, 3rd revised ed., 2005

Construct Developed in Psychometrics to Determine...

The g factor, or general factor, is a construct developed in psychometrics to determine cognitive abilities. It is a variable that summarizes positive correlations among various cognitive tasks, which demonstrate an individuals performance at one type of cognitive task tends to be comparable to his or her performance at other kinds of cognitive tasks. The g factor typically accounts for 40 to 50 percent of the variance in IQ test performance, and IQ scores are frequently regarded as estimates of an individuals g factor rating (Kamphaus et al. 2005). The terms IQ, general intelligence, general cognitive ability, general mental ability, or simply intelligence, are often used interchangeably to refer to the common core shared by†¦show more content†¦These include the Wason selection task, computerized games governed by difficult rules, pragmatic reasoning schemes, analogical reasoning tasks, class-inclusion, scientific reasoning tasks, and categorization tasks. These factors ex plain why non-verbal tests are often referred to as culture-free, and almost necessary for easing assimilation. Acquiring relevant background knowledge - which will be closely associated with social class - is important in psychometric tests, in addition to non-cognitive sources. Jensen seems to be unaware or at least avoid potential stressful effects relating to negative social evaluation and systematic prejudice, which many children experience every day. Superficial factors like dialect, facial appearance, and self-presentation all play major roles. These have significant effects on the way we see and evaluate ourselves. Bandura et al (1996) have shown how limited confidence in cognitive-based tests acquired by parents are inherited by their children, resulting in fear and apathy in many intellectual tasks. Here, g is not a general ability variable, rather its a measure of intellectual self-esteem. 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I Listened On The Mirror - 1323 Words

I looked in the mirror. Rowan James, Rowan James, Rowan James. I practiced my new name in my head, thinking hard. My parents were out of the house for the day, off to a play in town which I wasn t allowed to attend. I was left alone with my thoughts and the servants, though they ignored me. The young man in the mirror had shoulder length black hair and olive skin, a large bruise on his jaw and more on his wrists. I swallowed. Rowan James. I whispered, the corner of my mouth upturned. It was funny the effect a new name could have on a person. For me, I felt invincible, like I could leave this dump of a family and do something for myself. With a new name, I could be anything. At scarcely 15, most people didn t know I existed. It would†¦show more content†¦The lock clicked, and the small door opened easily. Inside was a large stack of crisp hundred- dollar bills, bound by a paperclip. I slipped out a few and put the rest back. They would not be missed. 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Ella Wheeler WilcoxS Illusion Essay Research Paper free essay sample

Ella Wheeler Wilcox? S? Illusion? Essay, Research Paper Ella Wheeler Wilcox # 8217 ; s verse form, # 8220 ; Illusion, # 8221 ; extensively poses philosophical and metaphysical uncertainnesss refering to the perceptual experience and differentiation between world and actuality. Wilcox takes a really original and abstract attack in utilizing conjectural duologue with a superior religious figure. This alone component immensely broadens the reader # 8217 ; s position and sentiments of its literary value. Wilcox # 8217 ; s manner besides greatly opens a door for a broad assortment of personal readings and metaphorical purposes. This originative attack is suitably complimented and enhanced by the ocular and concrete description used in the gap line of the first stanza. The line, # 8220 ; God and I in infinite entirely, # 8221 ; does non needfully paint a portrayal of one specific location, instead allows the reader to envision and make a scene of their desire. This gap line succeeds instantly at closely pulling the reader # 8217 ; s hea d and attending into the verse form, as if being a truism. When reading Wilcox # 8217 ; s verse form, metaphorical mention and philosophical contemplation occur multiple times. For case, in the gap stanza of the verse form, there is an instant constitution of religious content and philosophical inquiring. Wilcox writes: God and I entirely in infinite, And cipher else in position. And # 8220 ; Where are the people, O Lord, # 8221 ; I said, # 8220 ; The Earth below and the sky O # 8217 ; erhead And the dead whom one time I knew? # 8221 ; Wilcox is decidedly discoursing a metaphorical significance in this stanza when she remarks to God and illustrates their purdah. This could perchance be insinuating that her personal gained cognition of life is all that she has of all time known to be true. However, it appears that she is strongly suggesting and showing her purdah and uncertainness that has become a world and freshly found realisation. In a sense, everything that she had one time thought to be true was now in inquiry of comparative certainty. This is where the philosophical mention and oppugning Begins to factor. The 2nd stanza of the verse form greatly supports the philosophical reading of the work. Possibly the most complex and inexplicable issues of doctrine are posed to the reader here. The relativity of human being, human kernel, cosmopolitan truth, and religious belief are possible readings of Wilcox # 8217 ; s nonliteral conversation. For illustration, in stanza two, God replies to her wonder by stating: # 8220 ; That was a dream, # 8221 ; God smiled and said: # 8220 ; A dream that seemed to be true. There were no people populating or dead, There was no Earth and sky overhead- There was merely myself and you. # 8221 ; Doctrine and understanding world could strongly hold been intended for the reader. However, there lies a sense of spiritual committedness and fidelity to God perchance being displayed. The philosophical facet would indicate T o religious uncertainness and incredulity of God. On the other manus, if purposes of religious religion and believed religious being are meant, than the message implied is one of Buddhist like stature. Buddhism relies chiefly on going one with you and God, go forthing all outside distractions irrelevant. The concluding two stanzas are immensely more hard to nail a common evidences for significance. The first two stanzas created a state of affairs of belief and unsure ponder, while the latter two about appear to raise complete contradiction. A sense of God discoursing absolute boast is conveyed rather clearly. Wilcox creates an image of God looking down upon his creative activities and the foolish believed truths possessed. In taking another way of the content reading, one could infer that this conversation is strictly conjectural and holds no religious significance, other than that of which the writer adopted. There are deductions that could be viewed as the verse form being one unsure self-struggle to find the significance and kernel of unknown issues in life. She speaks of holding no fright in run intoing adult male # 8217 ; s Godhead. She states that she is in fact a evildoer and knows full good, yet continues by oppugning the superior God of his word and promises, mentioning to the being of Eden and snake pit. However, even with the first three stanzas bearing importance of significance, the 4th and concluding stanza serves to be a flood tide and contradiction of the staying stanzas. For illustration, God says in response to the inquiring of the storyteller: # 8220 ; Nay! Those were but dreams, # 8221 ; the great God said ; # 8220 ; Dreams that have ceased to be. There are no such things as fright, or wickedness ; There is no you-you neer have been- There is nil at all but me! # 8221 ; God is seemingly stating here that there are no absolute and cosmopolitan truths among persons. He extends every bit far as to declare himself as the lone thing that exists in truth. This concluding stanza created two ideas of reading and significance as a reader. First, Wilcox could be saying a philosophical point covering with life being nil more than one big continues dream of a God. That is, we are nil but histrions in a changeless drama or dream of one superior being. That said, a sense of void is relayed in that everything is an act of semblance and non world. The 2nd reading being that the conversation is between the storyteller and her subconscious ideas. Possibly connoting that each person # 8217 ; s ideas and physical being are the God. If that were the instance so the storyteller comes to a realisation that self deserving and self based rules, free of social tuition, are the lone facets that we should take notice. Meaning that everyone and everything around us should non act upon our ideas and beliefs. Implying in a sense that we as persons should merely be to be existing in ourselves, every bit good as the outside distractions of society remain unseeable amongst the ego.