Thursday, May 14, 2020

ASSIGNMENT ON SOUND TRADEMARK - Free Essay Example

Sample details Pages: 12 Words: 3522 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? à ¢Ã¢â€š ¬Ã…“ASSIGNMENT ON SOUND TRADEMARK STEPPING AGAINST CONVENTIONALITYà ¢Ã¢â€š ¬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. Don’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. [1] 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 à ¢Ã¢â€š ¬Ã…“Lionà ¢Ã¢â€š ¬Ã¢â€ž ¢s roarà ¢Ã¢â€š ¬Ã‚ . [2] 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 à ¢Ã¢â€š ¬Ã…“depends 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.à ¢Ã¢â€š ¬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[3] 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 à ¢Ã¢â€š ¬Ã…“descriptionà ¢Ã¢â€š ¬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.[4] The INTA Resolution 1997[5] 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[6] In the case of Shield Mark BV v Joost Kist h.o.d.n Memx[7] 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[8] 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. [9] On the other hand, graphical representability requirements are satisfied where the sound is represented as a à ¢Ã¢â€š ¬Ã…“ 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.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Example 1 The trade mark is a sound mark consisting of 5 consecutive notes, namely ABCED.à ¢Ã¢â€š ¬Ã‚ [10] 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[11], or any combination thereof used to identify and distinguish goods or services of one undertaking from those of other undertakings.[12] 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[13] 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[14], 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[15] had not been proven. The opinion, written by administrative Judge Lefkowitz, stated that à ¢Ã¢â€š ¬Ã…“the criteria for the registration of sound marksà ¢Ã¢â€š ¬Ã‚  differed from traditional trademark analysis. The aural perception of a sound mark may be fleeting, unless à ¢Ã¢â€š ¬Ã…“the sound is so inherently different or distinctive that it attachesà ¢Ã¢â€š ¬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.à ¢Ã¢â€š ¬Ã‚ [16] 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.à ¢Ã¢â€š ¬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.[17] The TTAB has defined the spectrum as the distinction between à ¢Ã¢â€š ¬Ã…“unique, different, or distinctiveà ¢Ã¢â€š ¬Ã‚  sounds on the one hand and à ¢Ã¢â€š ¬Ã…“commonplaceà ¢Ã¢â€š ¬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 donà ¢Ã¢â€š ¬Ã¢â€ž ¢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 doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t require any graphical registration while graphical representation is necessary for the latter marks. This doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢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.[18] Thus, the description of the sound is the only means for presenting, in any printed record, the essence of the mark.à ¢Ã¢â€š ¬Ã‚ [19] 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 à ¢Ã¢â€š ¬Ã…“SOUND TRADE MARKà ¢Ã¢â€š ¬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[20] and as per Section 18[21] of the Indian Trademarks Act, any application for registration of a trademark should be in compliance with Rules. According to Rule 25(12)[22] 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.[23] 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 à ¢Ã¢â€š ¬Ã…“BOW BOWà ¢Ã¢â€š ¬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 oneà ¢Ã¢â€š ¬Ã¢â€ž ¢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 à ¢Ã¢â€š ¬Ã…“may requireà ¢Ã¢â€š ¬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 à ¢Ã¢â€š ¬Ã…“C6H5-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 registrarà ¢Ã¢â€š ¬Ã¢â€ž ¢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 [1] Kritarth Pandey, Non Conventional Mark Analysis, https://ssrn.com/abratct.php (last accessed on Sept. 12,2014). [2] Ibid. [3] Ralf Sieckmann v. Deutsches Patent and Markenamt, Case C-273/00, 12 Dec 2002, European Court of Justice. [4] Arka Majumdar, The Requirement Of Garaphical Representability for Non- Conventional Trademarks, Vol. 11 (5) JIPR .313-317, 316 (Sept.2006) [5] Ibid., 315. [6] Amicus letter of the INTA in Sheild Mark BV v J Kist, 91 Trademark Reporter 1269 (2001). [7] Shield Mark BV v. Kist, Case C-283/01, The European Court of Justice. [8] Supra n.3. [9] Dev Gangiee, Non-Conventional Trademarks in India, Vol. 22(1) National Law School of Indian Review, 67-95,72(2010). [10] Sound Decription, https://www.copat.de/markenformen/soundmarkenabroad2005.pdf , last accessed on Sept 11,2014 [11] The United States Trademark Association Trademark Review Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Report to Congress had recommended that the terms à ¢Ã¢â€š ¬Ã…“symbol or deviceà ¢Ã¢â€š ¬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). [12] 15 U.S.C. Sec 1127. [13] Ralf Sieckmann v. Deutsches Patent and Markenamt, Case C-273/00,12 Dec 2002,European Court of Justice. [14] In re General Electric Broadcasting Co., Inc., 199 U.S.P.Q. 560 (T.T.A.B. 1978). [15] 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 à ¢Ã¢â€š ¬Ã…“ 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). [16] Supra. n. 1. [17] Supra. n. 1. [18] Supra. n.1 [19] Kawasaki Motors Corp. v. H-D Michigan, Inc., 43 U.S.P.Q.2d 1521 (T.T.A.B. 1997). [20] à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã…“trade markà ¢Ã¢â€š ¬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.à ¢Ã¢â€š ¬Ã‚  . [21] Trade Mark Act 1999 (Act of .47.of 1999). [22] Trade Mark Rules 2002 ( GSR 114 (E) of February 26 2002). [23] NEHA MISHRA, Registration of Non-Traditional Trademarks, Vol. 13 ,JIPR 43-58, 57 (Jan, 2008)

Wednesday, May 6, 2020

Essay on Capital Punishment - 2824 Words

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 â€Å"deserve† and â€Å"have earned† 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 that†¦show more content†¦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 â€Å"take responsibility† 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   |  5 Pages Capital Punishment Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. Why then, is it thought of differently when the state government arranges and executes a human being, the very definition of premeditated murder? Capital punishment has been reviewed and studied for many years, exposing several inequities and weaknesses, showing the need for the death penalty to be abolished. Upon examination, one finds capital punishment to be economically weakRead MoreCapital Punishment1137 Words   |  5 Pagescorresponding punishments. Among all penalties, capital punishment is considered to be the most severe and cruelest one which takes away criminal’s most valuable right in the world, that is, right to live. It is a heated debate for centuries whether capital punishment should be completely abolished world widely. The world seems to have mixed opinion regarding this issue. According to Amnesty International (2010), currently, 97 countries in the world have already abolished capital punishment while onlyRead MoreCapital Punishment1786 Words   |  8 PagesCapital Punishment Capital punishment, also known as the death penalty, is the toughest form of punishment enforced today in the United States. According to the online Webster dictionary, capital punishment is defined as â€Å"the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offence or a capital crime† (1). In those jurisdictions that practice capital punishment, its use is usually restricted to a small number of criminal offences, principallyRead MoreCapital Punishment1276 Words   |  6 Pagesbroken to get the death penalty, increased murder rates and wrongful accusations. There are many different views of the death penalty. Many different religions have their own views of the death penalty. In Hinduism, if the king does not inflict punishment on those worthy to be punished the stronger would roast the weaker like fish on a spit. In the religion of Jainism, mostly all of their followers are abolitionists of the death penalty which means that they oppose of it. Infact, this religionRead More Capital Punishment1898 Words   |  8 PagesCapital Punishment Imagine your heart suddenly beginning to race as you hear a judge give you a death sentence and then you’re quickly carried away in chains as your family sobs as they realize that they will no longer be able to see you. As you sit in your cell you begin to look back at your life and try to see where you went wrong to end up in jail waiting to carry out a death sentence, and at the same time know that you are an innocent waiting to be heard. This same scenario repeatsRead More Capital Punishment Essay: Retain Capital Punishment?696 Words   |  3 PagesCapital Punishment - Retain or Not?      Ã‚  Ã‚  Ã‚  Ã‚   This essay tangles with the question of whether or not we should retain the death penalty within the American code of penal law.    There is a feeling of frustration and horror that we experience at the senseless and brutal crimes that too frequently disrupt the harmony of society. There is pain which accompanies the heartfelt sympathy that we extend to the victims families who, in their time of suffering, are in need of the support and compassionRead MoreCapital Punishment2506 Words   |  11 PagesCapital Punishment and the Death Penalty Capital punishment exist in today’s society as citizens of the United States should we have the right to take an individual life. As illustrated throughout numerous of studies the death penalty is an unfair process seven out of ten deaths handed down by the state courts from 1973 to 1995 were overturned when appeal and the seven percent were later found to be innocent. Such as the Dobie Williams case which took place July 8, 1984. DobieRead MoreCapital Punishment Is A Legal Punishment1116 Words   |  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   |  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   |  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 free essay sample

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   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 people  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.

Friday, April 10, 2020

Allen Fung on the Sino-Japanese War essays

Allen Fung on the Sino-Japanese War essays Allen Fung provides a persuasive argument for China's defeat against Japan in the Sino-Japanese War (1894-1895). The Sino-Japanese War was an attempt by China to prevent a Japanese stronghold in Korea. Fung's reasoning for China's defeat does not follow the traditional mainstream historian's beliefs. Traditionally, the reasons for China's failure to drive Japan out of Korea were due to China's lack of weaponry and lack of leadership and experience from the Chinese Commanders. Fung attacks the theory of China's lack of weaponry and leadership. Fung focuses on the Battle of Pingrang, the most important battle in the Sino-Japanese War. The Chinese soldiers were well equipped in the battle of Pingrang with the Mauser Breech- loaders and Krupp artillery guns. Even though China may have been equipped at Pingrang, China battalion had different ammunition within the battalions. Using different weaponary within the same battalion is hard for mobilization and coordination of the battalion. Fung uses the the different weaponary within each battalion as one of many reasons the Chinese failed strategically to overcome Japan at Pingrang. After the China defeat at Pingrang, the number of weaponry declined due to Japan crushing the best-equipped Chinese forces. Japan was able to capture the entire Chinese premium weapons used at Pingrang. After the battle of Pingrang the armies lacked even the basic necessities to fight a war. Fung describes the main failure of the Chinese army was the lack of military training that the soldiers had provided to them. China had strong weapons; the main problem was being able to use these weapons efficiently. Throughout the war the Chinese soldiers simply did not contain the knowledge to be able to use the weapons to their advantage. Their artillery skills were awful and it showed during battle. The discipline among the troops was a major issue for the Chinese. Fung builds on the lack of discipline amon...

Monday, March 9, 2020

Writing the Perfect College Entrance Essay

Writing the Perfect College Entrance Essay Free Online Research Papers Writing the Perfect College Entrance Essay In AP English Language, taught by Dr. Phillips, the first few weeks of class were spent writing college essays. As Dr. Phillips says, â€Å"a good essay might not necessarily get you into a college, but a bad one will most certainly keep you out.† She stresses that the important thing to remember is that these essays are being reviewed by one who will have been reviewing these sorts of essays for a long time before. Therefore, it is especially important that the essay is unique and interesting. Going along with that, our class was given a copy of a sheet which included â€Å"Essays to Avoid† (From â€Å"For some Applicants, Student Essay Unlocks or Seals the Door to College† Maureen David). The essays to avoid (though this isn’t absolute) include: â€Å"My Favorite Things† essay, Trip essay, â€Å"Miss America† essay, â€Å"jock† essay and 3D (diversity of interests) essay. These should generally be avoided because they don’t allow for much personal growth. In the jock essay, one could write about how playing football showed him or her about teamwork. Well, that person and half of the other people applying could say the EXACT SAME THING. For the â€Å"my favorite things† essay, one might say that they like advanced technology because it allows people from all over the world to communicate in a big, happy, pool of diversity. That’s all fun and neat, but such essays fail to say anything about you as a person. Lots of students found that writing essays about someone who has had an impact on them were very effective. These essays are especially good because they don’t have to be too self-focused, and they allow you the opportunity to focus on someone other than yourself while revealing bits of information about yourself. Being able to do that is a definite mark of good writing. Also, it’s necessary to remember to be yourself. By all means, you should try to be positive and witty and sincere and use high diction, but making an essay generic will cause the person who’s reading it to fall asleep. You shouldn’t be negative though. While starting off your essay by saying â€Å"I hate everyone† wouldn’t cause anyone to fall asleep (unless they were really tired), it wouldn’t give a very good impression of you. One also can’t praise oneself too much. No one likes reading an essay which goes â€Å"I learned about being a good person, nice, kind, caring, positive†¦Ã¢â‚¬  because it’s essentially bragging. And, one last bit of advice: Don’t drag it on. The more you can say in a shorter space, the better. Once again, college application evaluaters don’t want to read novels. Mr. Anderson says â€Å"it strikes me as absurd to ask someone to reveal their personality in 500 words or les s,† but in the case of college applications, it’s a necessity. Have fun! Research Papers on Writing the Perfect College Entrance EssayHip-Hop is ArtStandardized TestingHarry Potter and the Deathly Hallows EssayPersonal Experience with Teen PregnancyCapital PunishmentMind TravelWhere Wild and West MeetComparison: Letter from Birmingham and CritoThe Project Managment Office SystemMarketing of Lifeboy Soap A Unilever Product

Saturday, February 22, 2020

Valuation of a Building for a Hospitality Project Research Paper

Valuation of a Building for a Hospitality Project - Research Paper Example This project is going to give the investor a reason to buy the property for a sustainable gain for the long term future. The long term from this particular property chosen is great due to high net revenue returning to the investor. The total revenue collected over the first year will be just over 4.25 million dollars. The net operating income after subtracting all expenses is just over 225,000 dollars. 1 The sources used in this project all came from the internet. The various sources give us the information that will provide the investor with the information he needs to learn about the chosen property for this project. To find this property, I chose to search the internet for hotels for sale. I came across the website for the realtors Huff, Niehaus, and Associates which shows the property listing for the property I chose. That property is the Crowne Plaza Cincinnati Blue Ash just outside of Downtown Cincinnati, Ohio. The analysis used in this paper is SWOT analysis with a valuation process that uses three approaches. Thus, we use the three different approaches to give us an overall feel for exactly what the property is worth. This project is broken up into several sections. The first section that will be looked at is the Executive Summary. The next section, that follows the Executive Summary, is the Property Summary where this project will take an in-depth look at the Crowne Plaza Blue Ash. This in-depth look will show a literal descriptive snapshot of the hotel along with some pictures as well. We’ll also take a look at the valuation process which we used to determine the value of the hospital to our investor. Then, we’ll take a look a look at the Market, in which, the Crowne Plaza Cincinnati Blue Ash resides. The last section is the conclusion which will sum up the reasoning for the investor to buy the recently renovated hotel. The market research that will be shown here will show that it will be advantageous to purchase the

Thursday, February 6, 2020

Motivating Employees in internship Essay Example | Topics and Well Written Essays - 500 words

Motivating Employees in internship - Essay Example I believe money can buy most of the thing but it certainly cannot buy everything (Nohria, Groysberg & Lee, 2008). Mental peace, leadership and behavioral approaches of the leaders also motivate me significantly. Leisure time or time off refreshes my mind and it thus motivates me. That is why I don’t get enough motivations from money. To get motivations I need other things apart from the money. Only high money can’t motivate me. During the economic down turn managers can motivate people with the help of continuous persuasion. At that point of time generally subordinates feel that their career goals and objectives are beyond their reach. During that period of time managers should play a role of mentor where the mangers should inspire the people for more hard works. In the context of economic downturn, managers lead by example. During the period of economic boom, employees often feel that they can easily reach towards their goals. Under these circumstances employees generally take everything for granted. It results in to lots of mistakes from the side of the employee. In this circumstances managers should motivated their employees for further more excellence. Diversity in the workforce is highly important for the motivational efforts. It always increases the environment of motivation. Diversity is a factor that creates a sense of unity in the organizational context. Diversity creates an environment of information sharing. With the information sharing employees in the organization can share their ideas among them. It allows them to increase their organizational knowledge (Burton, 2012). Diversity creates cultural bridges among the highly diverse workforce. Cultural bridge can motivate the workforce and creates suitable organizational environment. All the above discussions and arguments are clearly indicating that, diversity in the workforce affects motivation efforts in positive ways. That means