Thursday, August 27, 2020
Veronica Roth Fiction and Movie List Veronica Roth composed the first of the books that would turn into the top rated Divergent arrangement when she was still in school, winning a degree in exploratory writing. She composed Divergent during winter break before her graduation in 2010 and sold the book that year. It appeared at No. 6 on The New York Times smash hit list. It caught the creative mind of general society, and two additional books in the arrangement followed: Insurgent and Allegiant. In the three youthful grown-up sci-fi books, she recounted to a story about growing up set in dystopian Chicago. Following the arrival of a few Divergent arrangement buddy novellas and short stories, Roth started what may turn into a second arrangement with the arrival of Carve the Mark in 2017. Books and Short Fiction by Veronica Roth 2011 - Ã DivergentÃ is the main book in a youthful grown-up tragic set of three that happens in a future Chicago. The story is told from the point of view of Tris, a 16-year-old. This future society is part into five groups dependent on the goodness they develop Candor (the genuine), Abnegation (the magnanimous), Dauntless (the fearless), Amity (the peaceful)Ã¢ and Erudite (the savvy). Each 16-year-old must pick which group they will dedicate their lives to and afterward experience a thorough inception into the gathering. Beatrice, or Tris, must pick between her family and who she genuinely is.2012 - Ã Insurgent, the second book in theÃ DivergentÃ trilogy, manages the aftermath of Tris decision and an approaching war between factions.2012 - Ã Free FourÃ¢ -ThisÃ¢ short storyÃ¢ retells the blade tossing scene from DivergentÃ¢ from Tobias perspective.2013 - Ã Shards AshesÃ¢ -This treasury of short stories incorporated a choice fromÃ Veronica Roth.2013 - Ã AllegiantÃ -The last book in theÃ DivergentÃ trilogy uncovers the insider facts of the tragic world that spellbound a large number of perusers in Divergent and Insurgent. 2013 - Four: The Transfer is aÃ¢ novella that inspects the universe of the Divergent arrangement through the eyes of Tobias Eaton.2014-The Initiate - TobiasÃ¢ initiation into Dauntless, his first tattoo, and his enthusiasm for preparing new starts are completely canvassed in this novella.2014 - Four: The Son - This novella investigates TobiasÃ¢ struggles with the Dauntless progressive system as he learns a mystery about his past that could influence his future.2014 - Four: The TraitorÃ¢ -The novella runs corresponding with the early occasions in Divergent and incorporates the main gathering of Tobias and Tris Prior.2014 - Ã Four: A Divergent Story Collection is aÃ¢ companion volume to the Divergent arrangement that is told from the viewpoint of Tobias. It incorporates The Transfer, The Initiate, The Son and The Traitor, which were all initially distributed separately.2017 - Carve the MarkÃ¢ is a sci-fi dream set on a planet where brutality rules and each individual gets a currentgif t, an extraordinary force intended to shape what's to come. The currentgift given to Cyra and Akos, two characters from discrete clans, make them defenseless against the control of others. At the point when the hostility between their groups and families appears to be inconceivable, they choose to help each other to endure. 2017Ã¢ -We Can Be Mended is a short story epilog that happens five years after Allegiant. It centers around the character Four. Motion pictures Made From Roth Books Four big-screen motion pictures have been produced using the three books of the Divergent arrangement: Dissimilar (2014)Insurgent (2015)The Divergent Series: Allegiant (2016)The Divergent Series: Ascendent (2017)
Saturday, August 22, 2020
Issues Faced Before ERP Implementation A few information, originating from SAP R/3, goes straightforwardly into SAP NetWeaver BI information stores. In any case, the rest, which originates from different frameworks that handle charging, client relationship the board (CRM), intercession, provisioning, and prepaid deals, goes first to an outsider concentrate/change/load (ETL) framework. The ETL framework takes the information from each call that clients make each installment, each assistance call, and more and changes it dependent on business runs before putting away it in an outsider database About Reliance Infocomm Dependence Infocomm is the result of the late visionary Dhirubhai Ambanis (1932-2002) dream to proclaim a computerized insurgency in India by bringing reasonable methods for data and correspondence to the doorsteps of Indias immense populace. Make the devices of Infocomm accessible to individuals at a moderate cost, they will conquer the impairments of ignorance and absence of versatility, Dhirubhai Ambani graphed the crucial Reliance Infocomm in late 1999. He found in the capability of data and correspondence innovation a once in a blue moon open door for India to jump over its recorded heritage of backwardness and underdevelopment. Working dangerously fast, from late 1999 to 2002 Reliance Infocomm manufactured the spine for an advanced India 60,000 kilometers of fiber optic spine, confounding the whole nation. The Reliance Infocomm skillet India arrange was dispatched on December 28, 2002, the 70th birth commemoration of Dhirubhai. This day additionally denoted his first birth commemoration after his death July 6, 2002. Dependence Infocomm arrange is a dish India, high limit, incorporated (remote and wireline) and concurrent (voice, information and video) advanced system, intended to offer administrations that length the whole Infocomm esteem chain foundation, administrations for ventures and people, applications and counseling. The system is intended to convey administrations that will cultivate another lifestyle for India. Explain explain CRM is the result of explain Inc. Client Relationship Management is a far reaching business methodology, concentrated on the way toward securing, overseeing, holding and cooperating with specific clients to make unrivaled long haul an incentive for the organization and the clients. Basically, CRM endeavors to recognize clients who give the best come back to the organization, and to advance associations with those clients. CRM highlights Sectioning clients Reacting exceptionally to the best clients Having a 360 degree see, of a client Estimating and driving down the expense of client procurement Pulling in clients utilizing the totality of the experience you give Requirement for CRM Clients have the high ground in most buy exchanges They are inalienably less faithful They have rising desires They no longer endure organizations that dont get the nuts and bolts right Focal points of CRM To increase a superior comprehension of clients needs and needs Permits organizations to accumulate and get to data about clients purchasing accounts, inclinations, grievances, and other information so they can more readily envision what clients will need. The objective is to impart more noteworthy client reliability. Utilized in relationship with information warehousing, information mining, call focuses and other knowledge based applications Quicker reaction to client requests Expanded proficiency through computerization Acquiring data sharable with colleagues More profound comprehension of Customers Expanded promoting and selling openings Recognizing the most productive clients Improved items and administrations through client input Explain Design Philosophy Adaptable Any place potential principles are held as information in the application Adjustable Amazingly simple to change look and usefulness of screens Can include new fields, tables and connections to the database Upgradeable We need you to have the option to remain current without any problem Exceptionally scaleable High volume with great reaction times Complete and open information model More adaptability than a great many people need Can utilize any SQL-based devices for announcing, and so on Internationalize Capacity to manage multi-money, various dialects, and so forth Work process orientated Solid proprietorship worldview so nothing gets lost in an outright flood Utilization of measures The new applications incorporate Clarify Customer Portal which stores client data and lets clients speak with an organization by means of techniques, for example, E-mail and online talk. Explain eOrder lets clients shop online at that point takes arranges and oversees them through satisfaction; it works related to Clarify eConfigurator which decides client needs and afterward designs complex items. Explain eMerchandising lets organizations draw from client examination information and create customized showcasing efforts and item contributions Explain Applications Call Center: ClearCallCenter Front end for Contact Center Agents Oversees in general client cooperation Can be utilized as deals application or as a front-end to ClearSupport for half and half deals/administration. Works in both relationship-based call places and high-volume, one and done deals conditions Deals Force Automation: ClearSales Handles prospects and leads Deals power robotization Gives the board of all parts of the selling cycle, from lead through finished request. Gives an undertaking wide perspective on deals and bolster exercises in represents progressing relationship the board exercises Client care: ClearSupport Is a difficulty the executives framework Single purpose of contact for administration solicitations and issue detailing Complete specialized help the executives framework, Handles calls that include administration demands, questions, and so on. DSS is an information warehousing office that takes into account the necessities of the administration by conveying imperative data to business clients to settle on opportune and exact choices for business development prompting viable and productive activities to increase a serious edge in the commercial center. DSS is a framework that Collects information from various sources, Summarizes information according to business needs and makes reports at business tasks DSS empowers business clients to midway screen and break down data, screen different occasions and empower them to respond to those occasions by giving a solitary perspective on business data. DSS is a business-driven information warehousing division with an incorporated work process system that supports smoothed out business forms. It conveys superior access to all data and applications on CRM, Billing, Product and Network spaces. CRM applications conveyed by a DSS empower business client to dissect number of clients, patterns and use examples of individual clients, singular client records, and so on. It additionally holds data about client care like Interaction and Cases took care of by Call Center, Number of Interactions, Interaction Category, Number of Cases, Case Status, Case Category, and so on. Item applications give all appropriate data about the utilization and execution of different items like SMS, R-Connect, R-World and so on. Charging applications give all appropriate data about the charging and extraordinary of RIM clients. It holds in data of ADC Service Status, Billing Circle, CIOU Code, Channel Code, Channel Type, City, Customer Type, No.of Invoices, and No. of Payments, OG Barred Status, OTAF Month, Payment Option, Rate Plan, Service shrewd, Month insightful, Zero Payment astute Billing Status. DSS offers three sorts of reports to be specific: OLAP Reports (http://dss.ril.com/) Business Intelligence Reports (http://dssbi.ril.com) Specially appointed Reports dependent on the information mentioned by the business client ETL The abbreviation ETL is utilized to portray the procedures utilized by DSS to acquire information from outer sources and make it usable to the DSS applications. ETL represents Extract, Transform and Load. Extraction is the way toward choosing and pulling information from the operational and outer information sources, so as to set it up for the stockroom. Likewise called Data Extraction. A decent extraction depends on a Business Rule. Business rules are applied to information utilizing requirements. There are two essential ways that the concentrate procedure is performed. Either the framework giving data will give the DSS group a feeder record. This document will than be acknowledged by DSS and used to stack tables. The other choice is for the DSS group to compose SQL code and really act set up extractions from source frameworks. In both of these cases, the planning, information volume gauges and source frameworks impacts should be thought of Change is the way toward controlling information. Any control past duplicating is a change. Procedure incorporates purifying, totaling, and coordinating information from various sources. Model: Address1, Address2, Address3 could be connected as one single field. Change is the greatest, generally entangled, most asset escalated and generally significant of DSS process. The change takes crude, unclean, unformatted, unsynchronized, meager, and frequently degenerate information sources and normalizes, tidies and matches it up enough to make it valuable for additional examination. . BO Business Objects is an announcing instrument for SQL agreeable databases. It permits clients to get ready custom reports from various databases at the same time, which thus encourages propelled detailing and information investigation. Stacking is the last advance in the ETL procedure. Stacking is simply taking the yields from the change procedure and placing it into an Oracle table. The way toward moving separated, changed into the information distribution center. By and large the information is stacked to the Target table. Target table holds the transitional or conclusive outcomes of any piece of the ETL procedure. The objective of the whole ETL process is the information distribution center. BW The SAP Business Information Warehouse permits you to investigate information from employable SAP applications just as all different business applications and outer information sources, for example, databases, online assistance
Friday, August 21, 2020
7 Reasons to Write Even When You Donât Feel Like It Writing an essay or a lab report can definitely seem like a chore! Itâs hard work, and you canât help thinking that there are other things youâd rather be doing. But writing is not just some kind of meaningless ritual that professors compel you to do out of routine. There are many ways in which writing helps you long-term, in your classes, your career, and your personal life. Hereâs how. 1. It enhances creativity and imagination. Writing gives you the opportunity to explore and use your imagination. Ultimately, that will improve your problem-solving abilities and help you feel more motivated. When you are able to use your imagination, learning can be more fun! 2. It allows you to demonstrate your learning. Sure, there are lots of different ways a student can show that heâs learned something, but letâs face it: most professors are going to require you to demonstrate what youâve learned through a research paper, a lab report, or an essay prompt. If your writing skills are weak, thatâs going to be an obstacle to showing your competence. 3. It helps you communicate your ideas clearly. The ability to write helps us express our feelings and ideas in all kinds of situations! Whether itâs a love letter to a significant other or a petition to affect the social change in your community, writing will help you clarify your thoughts and get them across clearly. 4. It is an essential skill for every academic area. No matter what your major is, your professors are going to expect you to be able to write. If youâre studying engineering or accounting, you may think that you wonât ever need to know how to write, but see the next point. 5. It is an important skill for almost every career. Are you planning to start your own business someday? Well, youâre going to need to write a business plan. Are you studying to become a nurse? Nurses need to write up notes on their patients every day. More importantly, research shows that employees with strong writing ability are statistically more likely to advance in their chosen careers, all the way up to the corporate level. 6. It helps you understand and remember information. What do you do when youâre going to the store and need to remember what youâre getting? You write it down, of course. Thatâs because writing aids memory. Itâs the same with course material: taking the time to write about what youâre learning will help you remember and understand it better. 7. It helps you understand your own thoughts, feelings, and experiences. Thereâs a reason why blogging and journaling are such popular activities. The act of writing helps us make sense of the story of our lives, so that we can set effective goals for our future growth. We know that youâd rather be socializing with friends or vegging out in front of the TV. Writing is not necessarily the most fun activity in the world. But it will bring you some lasting benefits. And who knows? Once you start writing every day, you may even find that you love it.
Monday, May 25, 2020
In Ryan v. Youngs (1938), the defendant s servant, while driving a lorry, suddenly died, which resulted in an accident and consequent injury to the plaintiff. The driver appeared to be quite healthy and the defendant could not foresee his sudden death. It was held that the accident was due to an act of God and, the defendant was not liable. It is also a stated position that Reasonable foreseeability does not mean remote possibility. According to Champan v. Hoarse (1961) 108 C. L.R. 112, at 115, per Dixon C. J.) to establish negligence it is not enough to prove that the injury was foreseeable, but a reasonable likelihood of the injury has also to be shown because foreseeability does not include any idea of likelihood at all. Lord Dunedin in Fardon v. Harcourt-Rivington (1932) 146 L. T. 391) said that if the possibility of danger emerging is only a mere possibility which would never occur to the mind of a reasonable man, then there is no negligence in not having taken extraordin ary precautions .. People must guard against reasonable probabilities but they are not bound to guard against fantastic possibilities. Even a council has a duty of care towards his client, the council should be careful in performing his professional duties. We will write a custom essay sample on Analysis of Law of Torts Cases or any topic specifically for you Only $17.96 $11.86/page A breach of any of the above-mentioned duties gives a right of action for negligence to the patient. It is also a settled position that Duty must be owed to the Plaintiff, Mere carelessness on the part of the defendant does not entitle the plaintiff to sue him, it has to be proved that the defendant owed a duty of care to the plaintiff.
Thursday, May 14, 2020
Sample details Pages: 12 Words: 3522 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Ã ¢Ã¢â ¬Ã âASSIGNMENT ON SOUND TRADEMARK STEPPING AGAINST CONVENTIONALITYÃ ¢Ã¢â ¬Ã - INTRODUCTION:- A sound trademark is a non-conventional trademark where the trademark function of uniquely identifying the commercial origin of products or services is achieved by means of an audio clip. They are identified by hearing without support through speech. As such they can be utilized in acoustic brand marketing, which creates the need to register them as trademarks to protect a companysintellectual propertyand ensure their use as exclusive identifier for the company, just like a company logo does.Sound trademarksare protected trademarks centred on the reproduction of sounds and tones. DonÃ¢â¬â¢t waste time! Our writers will create an original "ASSIGNMENT ON SOUND TRADEMARK" essay for you Create order Combinations of sound and word or graphic elements are additional design options. Typical sound marks includetunesjingles,melodies as well as general sounds or noise. Sound marks can function as trade mark or service mark, as source identifiers for goods and/or services in commerce. Even though trademarks consisting of sounds have existed for many years, there is no uniformity regarding protection for such marks in the global market place or on the international level.  The trademark laws passed in the European Union do not explicitly include sound in the definition of trademarks; the European Court of Justice felt that sound signs could be registered as trademarks so long as their use made it possible to distinguish the goods or services of one undertaking from those of other undertakings. To be registered in the European Union, sounds must not only follow traditional trademark laws but also be represented graphically in a way that is clear, precise, self-contained, equally accessible, intelligible, durable and objective. In general, applications in the form of musical notations describing the sound meet these requirements, whereas onomatopoeic descriptions do not. This means that musical notes that can be represented in the form of musical notations are acceptable whereas noises like a dog barking or a lion roaring which cannot be represented by a musical notation but has to be described onomatopoeically or through a sonogram cannot be eligible for a trademark in the European Union. Metro Goldwyn Mayer (MGM) Corporation had applied for the registration of a sound, that of a Lion roaring, by submitting a sonogram for the Ã ¢Ã¢â ¬Ã âLionÃ ¢Ã¢â ¬Ã¢â ¢s roarÃ ¢Ã¢â ¬Ã .  The application has been refused in the European Union. Interestingly, the same trademark has been granted in the US. In the United States, whether a sound can serve as a trade mark Ã ¢Ã¢â ¬Ã âdepends on the aural perception of the listener which may be as fleeti ng as the sound itself unless, of course, the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it struck.Ã ¢Ã¢â ¬Ã Quite simply this means that if a sound lingers in the mind of the listener and the listener subsequently associates a source or event with that sound then the sound may be eligible for a trademark. LANDMARK CASES REALTING TO NON CONVENTIONAL TRADE MARK : In Ralf Sieckmann v. German Patent Office the ECJ by the German Federal Patent Court, the ECJ decided that graphical representation per se is not enough for registration, and it must met the following criteria: It must complete, clear and precise so that object of the right of exclusivity is immediately clear. It must be intelligible to those persons having an interest in inspecting the register,i.e. other manufactures and consumers. The normal ways of graphical represent ability. The normal way of graphical representation of sound mark is use of musical notations and written description. As a practical matter, however not everyone can read written music. Moreover written musical notes while indicating pitch, normally will not indicate tone, and different tones can be used, namely, musical notes give a Ã ¢Ã¢â ¬Ã âdescriptionÃ ¢Ã¢â ¬Ã of the music but not the music itself. An apparent solution would be deposit a digital recording of the sound with the registrar instead of graphical representation, which has been rejected by the INTA as being impracticable, for firstly sound cannot be published by the Trademark Registry and people have to go to the registry to hear it, and secondly, it would be difficult for the registry to store so many sound samples. The INTA Resolution 1997 on the inclusion of sound marks as registrable marks has analysed various impediments to the registration of sounds as trademarks, such as, enforceability, functionality of such sounds, problems of graphical representation and physical affixation which they say can be solved with help of traditional trademark principles. More or less INTA seems to have maintained the position that sound is connected with a product or service may serve as a trademark and therefore, in appropriate circumstances, should be entitled to trademark recognition, protection and registration in the same way and subject to the same standards as any other trademark. Sounds can be an important element in branding and corporate identification. Sounds can help consumers distinguishing a particular service or product from another. Whether a specific sound has the ability to function as a trademark, is a question of fact in each case In the case of Shield Mark BV v Joost Kist h.o.d.n Memx the ECJ observed that the requirement of graphical representation was not satisfied when the sound is represented graphically by means o f a description using the written language, such as: An indication that the sign consist of the notes going to make up a musical work An indication that it is the cry of an musical By means of a simple onomatopoeia By means of a sequence of musical notes The case dealt with registration of sound marks. The Court held that sound marks were registrable but the requirement of graphical representation along with distinctiveness of sound had to be met with. It further stated that written description of a sound, onomatopoeia and musical notes were not enough (as in the case, the Dutch onomatopoeia for cockcrow). In the given case, however the court did not lay down appropriate mode of representation for the sound of a cockcrow or any other sound, leaving it to a particular country to decide on its particular requirements. However, the Court indicated that whatever be mode of representation, it should be clear, precise, self contained, easily accessible, intelligible, durable and objective. The problem with written sound marks like notions is that while it might indicate pitch, it will not indicate the tone.  On the other hand, graphical representability requirements are satisfied where the sound is represented as a Ã ¢Ã¢â ¬Ã â a stave divided into measures and showing, in particular, a clef, musical notes and rests whose form indicates the relative value and where necessary, accidentals.Ã ¢Ã¢â ¬Ã¢â ¢ Example 1 The trade mark is a sound mark consisting of 5 consecutive notes, namely ABCED.Ã ¢Ã¢â ¬Ã  Example 2: Schedule of Sound mark to represent different bass, marimba, sfx and etc PRTOTECTION AND REGISTRATION OF SOUND TRADEMARK IN USA The Lanham Act of the United States defines trademark, essentially, as any word, name, symbol, or device, or any combination thereof used to identify and distinguish goods or services of one undertaking from those of other undertakings. Thus, there is no requirement of capability of graphical representation for a trademark. The purpose behind graphical representation, while registration, of the trademark is to enable competitors and others to know what has been trademarked. Registration puts other producers on notice tha t a trademark is already in use. This means that the fellow competitors and the public must know a given trademark in a clear, precise before registration of the trademark. Despite this, there is no need for a mark to be graphically represented for the registration purposes in the United States. The Trademark Rules of Procedure explicitly provides for the registration of sound marks. Sound marks which are not used in printed or written form can be registered when submitted on a disc However, the criteria for registering a sound mark differs from those traditionally applied to word marks. In Re General Electric Broadcasting Co, General Electric Broadcasting Company sought to register, as a sound mark, a ships bell clock as a service mark for radio broadcasting services. The Trademark Trial and Appeal Board (T.T.A.B.) held that this sound mark could not be registered because it was not proven to identify the applicants services. The Board held that the mark was not inher ently distinctive and secondary meaning had not been proven. The opinion, written by administrative Judge Lefkowitz, stated that Ã ¢Ã¢â ¬Ã âthe criteria for the registration of sound marksÃ ¢Ã¢â ¬Ã differed from traditional trademark analysis. The aural perception of a sound mark may be fleeting, unless Ã ¢Ã¢â ¬Ã âthe sound is so inherently different or distinctive that it attachesÃ ¢Ã¢â ¬Ã and awakens the subliminal mind of the listener when heard and is associated with a particular source or event. The opinion set forth conditions under which sounds function as source indicators.Ã ¢Ã¢â ¬Ã  A distinction must be made between unique, different, or distinctive sounds and those that resemble or imitate commonplace sounds or those to which listeners have been exposed under different circumstances. This does not mean that sounds that fall within the latter group, when applied outside of the common environment cannot function as marks for the service s in connection with which they are used. But, whereas the arbitrary, unique or distinctive marks are register able as such on the Principal Register without supportive evidence, those that fall within the second category must be supported by evidence to show that purchasers, prospective purchasers and listeners do recognize and associate the sound with services offered and/or rendered exclusively with a single, albeit anonymous, source.Ã ¢Ã¢â ¬Ã In other words, because of their nature, sound marks require proof of distinctiveness, or in the alternative, proof of secondary meaning, before being entitled to registration. But a different spectrum of distinctiveness than that applied to traditional marks is followed. The TTAB has defined the spectrum as the distinction between Ã ¢Ã¢â ¬Ã âunique, different, or distinctiveÃ ¢Ã¢â ¬Ã sounds on the one hand and Ã ¢Ã¢â ¬Ã âcommonplaceÃ ¢Ã¢â ¬Ã sounds on the other hand. It is pertinent to highlight three iss ues. Firstly, there is no need to prove secondary meaning in the case of inherently distinctive sounds. However, there is neither any explanation of inherently distinctive sounds or commonplace sounds nor any criteria for distinguishing inherently distinguishable sounds from common place sounds. Secondly, we can draw a close analogy between sound marks and word marks. Sound marks that are presumed to be inherently distinctive are similar to the arbitrary or fanciful marks. Both of them donÃ ¢Ã¢â ¬Ã¢â ¢t require any proof of secondary meaning. In contrast, place sounds are similar to the descriptive words in a sense that both require proof of secondary meaning during registration of the mark. Lastly, Sound marks are different from the Word marks because the former doesnÃ ¢Ã¢â ¬Ã¢â ¢t require any graphical registration while graphical representation is necessary for the latter marks. This doesnÃ ¢Ã¢â ¬Ã¢â ¢t mean that sound marks are in any way inferior to the word mark s. They perform the same function as performed by the word marks. Thus, the description of the sound is the only means for presenting, in any printed record, the essence of the mark.Ã ¢Ã¢â ¬Ã  This is done because actual sound cannot be represented visually and, hence, the U.S. system recognizes the description of the sound in the application as the accepted scope of the mark being sought. Accordingly, sound marks have been registered with descriptions using onomatopoeia, listed musical notes, and simple declaratory phrases, but generally there is no preferred method for the description of a sound. INDIA LAWS RELATING TO Ã ¢Ã¢â ¬Ã âSOUND TRADE MARKÃ ¢Ã¢â ¬Ã PROTECTION Non Conventional trademarks are those trademarks which do not fall under the conventional category of trade. There has been no act which defines what non conventional is but with different case the understanding that has come up is that it is essential for trade mark to be visible to be represented but there are some trademarks which cannot be visible but can be heard, smelled, or could be tasted this kind of trademarks are called as non conventional trademark as sound being one of them. Musical Note, jingle, noise sound of an animal falls under the preview sound. To use sound as a part of trade it is necessary to be protected under trademark. The Sec 2 (1) (zb) of the Indian Trade Mark Act defines trademark and as per Section 18 of the Indian Trademarks Act, any application for registration of a trademark should be in compliance with Rules. According to Rule 25(12) b of the Trade mark Rules, 2002 the application for registration of a trademark for goods and services has to be such that it can be depicted graphically. Further, Rule 28 makes it clear that the trademark should be such that it can be represented on paper. Rule 30 further makes a specification to the effect that the graphical representation made should be durable and satisfactory. In addit ion to this, what needs to be remembered is that Rule 29(3) makes it explicit that three-dimensional marks can also be registered and so can a combination of colours. Sec 9 (3) makes exceptions to registrability of shapes as a trade mark if it result or where the shape gives substantial value to the goods. It might also be noted that Sec 2 (1) m of the Trademarks Act defines mark to be an inclusive definition consisting of shapes and packaging of goods or a combination of colours. INDEPENDENT ANALYSIS:- The Indian Courts follows the concept of graphical representation to register sound trademark. The first sound mark that has been in India is the Yahoo doodle. The important issue is that it is necessary to show secondary meaning for the unconventional trademarks such as sound marks before allowing registration of the sound mark in cases where the sound is related to some object and has primary meaning. (Ex: dog barking Ã ¢Ã¢â ¬Ã âBOW BOWÃ ¢Ã¢â ¬Ã cannot be regis tered until it defines a secondary meaning to it which helps to distinguish the producer of a good.) The limited applications on registration of sound mark have resulted in the prevalence of ambiguities in the realm of unconventional trademarks. The proposed TMR manual of 2008 states that sound may be registered in India if it can be represented graphically and be distinguished from others. It provides limitation on using of nursery rhymes, simple music (one note), chimes, and music of oneÃ ¢Ã¢â ¬Ã¢â ¢s own country. In USA sound to be trademarked need to be unique in nature and even if it is not unique it should be such that it should justify itself that the mass can determine its product by hearing the respective sound relating to the product, whereas India has limited its view on non traditional mark by imitating the stand of European Union. Sound marks are widely used in trade and it becomes difficult to graphically represent sound in all cases. The representation of sound t hrough onomatopoeia or sonogram becomes difficult as onomatopoeia of a sound can be written differently and interpreted differently from what is actually heard as for the use of sonogram in sound it cannot reflect the correct notes it only measures the frequency of the sound. For registration of sound one should look into the uniqueness of the sound rather than graphical representation of it if a sound can reflect and attach a product to it than it should be allowed to protect as a sound mark. The TRIPS in Art 15 have defined Trademark as any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. It further states that Members may require, as a condition of registration, signs to be visually perceptible. The article read out as Ã ¢Ã¢â ¬Ã âmay requireÃ ¢Ã¢â ¬Ã which gives us a wider description and that denotes that even without the graphical representation non conventional trademark can be re gistered. For the better growth of the economic industry and better utility of products the courts should step ahead from Shield requirements and should imitate an act which is similar to Lanham Act. For Non conventional trade mark it has to go for two test before it can be granted a trade mark .The test has evolved with time where earlier it was just restricted to the source identifier test and distinctiveness test but in USA in the case of Hardly Davidson, the functionality test was taken to determine the test of sound of v twin engine but the before the court could upheld anything the case had been withdrawn, The functionality test is taken to check if the mark that has to be registered if it have a functional approach will not be liable be under trademark protection. Sound in general is technical in nature and sound can be produced from any source and any kind of sound can be registered, to distinguish what kind of source that can be laid under trademark the test of functiona lity is required to check if the graphical representation of the sound does not fall under the category of functional doctrine. The problem with the general public is with the understanding of non conventional trademark is to relate the graphical representation in common parlance. In the case of Sieckman where the plaintiff tried to register the formula of methy cinnamnate as Ã ¢Ã¢â ¬Ã âC6H5-CH=CHCOOOCH3 the court rejected the contention that this is cannot be trademarked as formula cannot be held as a graphical representation. The understanding that can be related regarding to be that on view of keeping sample one really needs to look into the methods that can be acquired for graphical representation in common parlance. In USA cases of registering sound as trademark the person need to submit a sample of the sound in wav, mp3 format which help other registrarÃ ¢Ã¢â ¬Ã¢â ¢s to relate to it. Even in India the yahoo doodle gave a graphical representation of its sound an al so had given a mp3 format which help to satisfy the understanding in common parlance. Trade mark jurisdictions like US, has its Trade Mark Electronic Search System (T.E.S.S.)and the European Union has its Community Trade Mark Online which are free searchable online trade mark registers, which helps ensure that graphical representation and the process of registration and also the process of registration in general fulfil their public information functions. One thing that still haunt, both the registered proprietor and the applicant/third party user since there is no clarity as to who shall determine if marks are deceptively similar, and the peril of trespass would be higher if indefinite means of representation are legalized for the purposes of registration. The juxtaposition of an unsolicited ban to recognise untraditional trademarks under legislation removes the cushion against a tone deaf judge and precludes a person of a remedy in law; but this definitely gives more food for thou ght before grant of registration in favour of unconventional marks. 1  Kritarth Pandey, Non Conventional Mark Analysis, https://ssrn.com/abratct.php (last accessed on Sept. 12,2014).  Ibid.  Ralf Sieckmann v. Deutsches Patent and Markenamt, Case C-273/00, 12 Dec 2002, European Court of Justice.  Arka Majumdar, The Requirement Of Garaphical Representability for Non- Conventional Trademarks, Vol. 11 (5) JIPR .313-317, 316 (Sept.2006)  Ibid., 315.  Amicus letter of the INTA in Sheild Mark BV v J Kist, 91 Trademark Reporter 1269 (2001).  Shield Mark BV v. Kist, Case C-283/01, The European Court of Justice.  Supra n.3.  Dev Gangiee, Non-Conventional Trademarks in India, Vol. 22(1) National Law School of Indian Review, 67-95,72(2010).  Sound Decription, https://www.copat.de/markenformen/soundmarkenabroad2005.pdf , last accessed on Sept 11,2014  The United States Trademark Association Trademark Review CommissionÃ ¢Ã¢â ¬Ã¢â ¢s Report to Congress had recommended that the terms Ã ¢Ã¢â ¬Ã âsymbol or deviceÃ ¢Ã¢â ¬Ã should not be deleted or narrowed to preclude registration of such things as colour ,shape ,smell or sound which function as a trademark. Their suggestion was followed by the US Congress. See Jane C. Ginsburg , Trademarks and Brands-An Inter Disciplinary Critique, 93 (Cambridge University Press 2008).  15 U.S.C. Sec 1127.  Ralf Sieckmann v. Deutsches Patent and Markenamt, Case C-273/00,12 Dec 2002,European Court of Justice.  In re General Electric Broadcasting Co., Inc., 199 U.S.P.Q. 560 (T.T.A.B. 1978).  The concept of secondary meaning is based on the idea that marks that are descriptive of a product are ordinarily not protectable as trademarks. However, some marks may be protected if they have acquired an association or secondary meaning for the consuming public as an identifier of the source of goods. To establish secondary meaning for a mark, a party Ã ¢Ã¢â ¬Ã â must show that the primary significance of th e mark in the minds of the consuming public is not the product but the producer. .See Daniel R. Schechter,5 Fordham Intell. Prop. Media Ent. L.J. 481. See also Zatarains, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786, 791 (5th Cir.1983).  Supra. n. 1.  Supra. n. 1.  Supra. n.1  Kawasaki Motors Corp. v. H-D Michigan, Inc., 43 U.S.P.Q.2d 1521 (T.T.A.B. 1997).  Ã ¢Ã¢â ¬Ã âÃ ¢Ã¢â ¬Ã âtrade markÃ ¢Ã¢â ¬Ã means a mark capable of being represented graphically and which is capable of distinguishing the goods or service of one persons from those of others and may include shape of goods, their packaging and combination of colours : and.Ã ¢Ã¢â ¬Ã .  Trade Mark Act 1999 (Act of .47.of 1999).  Trade Mark Rules 2002 ( GSR 114 (E) of February 26 2002).  NEHA MISHRA, Registration of Non-Traditional Trademarks, Vol. 13 ,JIPR 43-58, 57 (Jan, 2008)
Wednesday, May 6, 2020
In my opinion the Retributivist approach to Capital Punishment is the more appropriate view. The Retributivist believes that evil done with a vengeance should be repaid with punishment in-kind. In order to protect society and prevent crime, the death penalty has to be the most severe form of punishment with the biggest impact on society. Persons who commit murder should suffer and be punished for their inexcusable action(s). The principles of retributivism suggest that a convicted murderer should be executed because they Ã¢â¬Å"deserveÃ¢â¬ and Ã¢â¬Å"have earnedÃ¢â¬ the death sentence. The right of retaliation can only be made equal by balancing of the crime with the punishment even if it is the death penalty. Those opposed to the death penalty argue thatÃ¢â¬ ¦show more contentÃ¢â¬ ¦If punishment can be shown to promote effectively in the interest of society it is justifiable, otherwise it is not. Utilitariannbsp;nbsp;nbsp;nbsp;nbsp;Retributivist Maximize social benefit (maximize the benefit, minimize the harms)nbsp;nbsp;nbsp;nbsp;nbsp;The offender should experience the exact injustice inflicted Focuses upon the goal of punishment in each individual casenbsp;nbsp;nbsp;nbsp;nbsp;Offender deserves to experience the suffering or suffering inflicted by the criminal act Punishment is morally best which produces the maximum deterrence of criminal harm with the minimum amount of harm to the offendernbsp;nbsp;nbsp;nbsp;nbsp;Emphasis on the Goal of punishment rather than on an abstract reason Individual cases of punishment are justified if they are in accord with the rules of the justified Punishment systemnbsp;nbsp;nbsp;nbsp;nbsp;No equality between the crime of murder and the retaliation except by judicial system executing the criminal Punish only persons who have actually committed crimes, reduction murder ratenbsp;nbsp;nbsp;nbsp;nbsp;Make offender Ã¢â¬Å"take responsibilityÃ¢â¬ for action, By re-paying the debt to society Number of lives saved , must be exceeded by the number of lives executednbsp;nbsp;nbsp;nbsp;nbsp;Punish the bad because they deserve it Punishment must effectively promotes the interests of societynbsp;nbsp;nbsp;nbsp;nbsp;Punishment mustShow MoreRelated Capital Punishment1099 Words Ã |Ã 5 Pages Capital Punishment Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. 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DobieRead MoreCapital Punishment Is A Legal Punishment1116 Words Ã |Ã 5 Pageswhat the big deal about Capital Punishment is? According to free dictionary, Capital Punishment is to put to death as a legal punishment (Farlax). Capital Punishment is used worldwide, and is guaranteed to prevent future crime. Capital Punishment is a large controversy in the U.S. but before a personal opinion can be formed, some facts need to be known, such as what it is, where it is used and why it could be good or bad. Well, what is Capital Punishment? Capital Punishment is where a person is executedRead MoreCapital Punishment Is The Ultimate Punishment1704 Words Ã |Ã 7 Pageswhat would you want from the government if he had killed someone you know? He should receive the capital punishment. The capital punishment is the ultimate punishment given to the precarious crimes. It is the last stage of capital punishment. There are different methods of like hanging, electric chair, lethal injection, firing squad, gas chamber. Murderers and rapist should be given extreme punishment, and they have to pay for their wrongdoing. We can observe crime rates are accelerating day-by-dayRead MoreCapital Punishment And Juvenile Punishment1631 Words Ã |Ã 7 Pages Capital punishment is the term used when an individual is put to death by the state or government for the commission of a crime. Until recently, juveniles were not exempt from this punishment, however they would generally need to commit a more serious offense compared to their adult counterpart. Then there was the decision ruling the execution of mentally handicapped individuals was unconstitutional, using the 8th amendment as their authority, while taking into account the diminished capacity of
Tuesday, May 5, 2020
The cat is a small pet animal. It resembles the tiger. It has four short legs and a beautiful furry tail. Its body is covered with soft and silky hairs. Its claws and teeth are sharp. It walks or runs without making any noise. It has bright and greyish eyes. It can see even in the darkness. The cat is found all over the world. The cat is fond of fish and milk. It likes comfort. It is generally meek and gentle. People keep cats in the house for scaring the mice. When hungry, it mews softly. It likes to rest in warm places, sometimes on carpets or near the oven in the kitchen. The dishonest cats steal food from the kitchen. The cat kills rats or snakes. Pussy cats are pets of children in the house. The cat is a small, playful creature, but sometimes it behaves ferociously, when angry. We will write a custom essay sample on The cat or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Wild cats are found in the woods. They are different in character from the domestic cats. The excitment as you look around you and see crowds of people from all over the world. It makes you reallly think about how one place can attract so many people; sky scraper buildings, glamourous clothes shops filling the high streer, (A girls paradise) kids in the park and cafes galore. Many people come here in search of one thing celebrities come here to shoot a movie which is pretty cool walking about exploring the exciting things that surround you, and you come across someone that you have watched in a movie or on television and the fact that you have been to the place that they once stood. Makes you feel fabulous as if you are a celebrity yourself. When I was walking from the hotel to the underground with my mother and sister, I thought we were completley lost but my mother reassured me that she knew were we where. However half an hour later my mum realised that we were in fact lost! Although I was scared my mum stayed calm and went and purchased a map and we were soon realised that we had taken a wrong turn. When we finally arrived at the underground there was a tube about to leave we rushed through the crowds of people felt as if there was millions of them, we ran to the tube and a kind elderly man opened the doors just before Ã the tube was about to leave we got on the tube to see every one staring at us and there was no where to sit you where to sit you where all cramped on small, claustrophobic and overcrowded carriage. After a long, exhausting and uncomfortable journey we fianally arrived at are destination. Which is my favourite place the LONDON EYE!!! The downside was we had to wait in a queue by the length of the queue would take up most of our time in London. While standing in the queue I was shaking nervously as I watched ahead and seen the security guards searching peopleÃ when it came to my whole stomach turned even though I had nothing to hide but I felt so guilty as if I have done something wrong even though I knew I had not done anything wrong. A sense of relief came over me when i realise I was all clear and one step closer to being on one of the most famous places in the United Kingdom. As I was over a hundred feet high looking down over the whole of London at the tiny people below. Although mum was to frightened to get up from the seat my sister and I went to the window to admire the amazing view. After a few times of taking pictures of the lovely surroundings, we tried to spot various buildings such as the Big Ben, Buckingham Palace and 10 downing street, which we later visited, which we later visited, which took a lot of time and energy running from train to train and bus to bus. When we fianlly returned to the hotel even though we were exhausted from are days experience my sister and I decide to stay up late and look through all the pictures that we had taken of the sites that we had seen earlier our favourite sweets. London is my favourite place because I got to see the amazing sites and got to experience all this while spending time with my family. In a formal essay, refrain from exclamation points, capitalized phrases, and slang such as cool. Also, I feel like anyone who goes to London will say that they like site seeing and spending time with family. Try to be more meaningful in your concluding sentence like how you felt connected with the sites knowing that people from your culture created something that magnificent.