An exploration of the theory of trademark dilution, focusing primarily on the impact it has had on plain vanilla trademark law, as well as on potential dilutors.
Abstract This paper reviews trademark law in general, the development of trademark dilution and its codification within the US Federal code via the FTDA. The focus of this paper lies on the ramifications of the FTDA on trademark law itself, as well as on the economic ramifications such protection may have on potential dilutors in the future.
Contents:
The Situation
Trademarks: A Brief Explanation
Trademark Dilution: A Theory, Potentially Wrongfully, Codified in State and Federal Statute
The FTDA: Application Leads to Trouble Waters
Victoria's Secret offers Little Resolution
The Aftermath of the Federal Trademark Dilution Act and Victoria's Secret
Conclusion
From the Paper "Developed in the 1920's by Frank I. Schechter, the theory of trademark dilution posits that certain trademarks have such a high value that their use in areas of commerce unrelated to those in which the protected mark is currently being used or might reasonably be used in the future, could serve to "blur" or "tarnish" the identifying capability of the protected mark. Dilution Laws, in turn, first began to appear in various states shortly after Schechter's theory was published.
Yet, the codification of trademark dilution, as specified by Schechter, into statute form may well be the foundation for the deluge of inconsistencies which have come to be associated with the doctrine, and, more specifically, the Federal Trademark Dilution Act."
Abstract The writer explains that in the set of experiments discussed in the paper, myosin and actomyosin were isolated and gradually purified from rabbit muscle myofibrils. The two proteins were initially precipitated together out of solution, in order to remove any impurities. Then, the two proteins could be separated from each other, by taking advantage of differential solubility. The writer notes that after each time they were re-suspended or redissolved, the solutions were centrifuged in order to further improve purity. Any solution containing the contractile proteins or ATP were kept on ice during the experiments, and stored in a freezer at all other times. The writer discusses that using the Bradford protein assay and the SDS-PAGE, the concentrations and weights of the purified proteins in the final solutions were measured. For all protein samples, no appreciable concentration of protein could be detected after diluting the samples by 100 times. However, the other two dilutions yielded normal results.
Outline:
Abstract
Introduction
Materials and Methods
Results
Discussion
From the Paper "The head of the myosin is the part which interacts with the other molecules. Without ATP, the myosin head is bound tightly to the actin, called the rigor state. However, ATP weakens this interaction by opening a cleft in the myosin head and disrupting the actin-binding site. When the myosin head is free of actin, it hydrolyzes ATP to ADP. This causes a conformational change in the head that moves it to a new position, closer to the (+) end of the actin filament, (away from the origin site) where it reattaches. The dissociation of the phosphate from ATP also causes a conformational change, this time in the myosin head. As a result, myosin returns to its original state (the rigor state). Because myosin is still bound to actin, this conformational change exerts a force that causes myosin to move the actin filament. This is the power stroke. Essentially, contraction is a series of these power strokes by the actomyosin complex, the myosin head is moving along the actin filament through constant detachment and reattachment."
Abstract This paper provides an explanation of the genetics involved in breeding a certain color horse. Colors covered include black, chestnut, Mealy/Pangare, the dilutes, mixed patterns and the white patterns. The paper includes many photographs.
From the Paper "The Classic Roan gene affects all the bases, modifiers and dilutes but can be masked by other white pattern genes. Roan is a color pattern caused by white hairs mixing with colored hairs. There are no "Roan" hairs on a Roan horse. The resulting physical colors are usually blue or rose (black base and chestnut base) but less common colors are pale gold and almost white. The Roan gene however will usually not affect the points."
Abstract This paper explains that the portfolio of Perry Ellis International, Inc. includes men's and women's brands, which it designs, sources, markets, and licenses nationally and internationally at multiple price points and across all major levels of retail distribution. The author points out that during the fiscal year ended January 31, 2004, approximately 91% of the company's net sales were from branded products The company owns 13 and licenses five brands, such as Perry Ellis, Jantzen, Munsingwear, and Manhattan; has developed over 42 sub-brands, such as Perry Ellis Portfolio and Penguin Sport; and distributes the PING, Nike, Tommy Hilfiger, NAUTICA ,and Ocean Pacific brands under license arrangements. The paper reports that, for 2005, Perry Ellis expects to report record revenue and net income; earnings per fully diluted share are projected in the $2.10-$2.20 per fully diluted share range, below their previous guidance of $2.35. Tables and graph.
Table of Contents
Executive Summary
Background
Current Status of Perry Ellis (2004)
Perry Ellis 1999-2004
Total Revenues
Royalty Income
Cost of Sales
Gross Profit
Selling, General and Administrative Expenses
Depreciation and Amortization
Interest Expense
Long-Term Debt
Future Positioning
Perry Ellis Income Statement
From the Paper "Perry Ellis' President acknowledged disappointment in the swimwear business for 2004, but plans to take actions such as a rationalization of product offering, changes in sourcing and overhead expense structure and a significant reduction in inventory levels. Perry Ellis intends that those measures will position the company for a profitable swimwear line in fiscal 2006. Perry Ellis predicts that the menswear brands, especially Perry Ellis, Original Penguin, Cubavera, PING, and PGA Tour will achieve record sales with a continuing momentum to continue into next year."
Abstract This essay compares Saddam Hussein and Al Gore to Plato's image of the Philosopher King and Machiavelli's ideal ruler, respectively. It analyzes each man's philosophy and how, through their actions, these modern leaders remain the diluted (more realistic) embodiment of Plato's and Machiavelli's visions.
Abstract In this paper the author takes an in-depth look at Ethanol. The author makes mention of the different ways that it can be produced, its various characteristics, chemical composition and uses. The paper concludes with various arguments as to why ethanol has so many benefits and is so useful and argues why it may well be the "fuel of the future".
From the paper:
?Ethanol (ethyl alcohol, grain alcohol) is a clear, colorless liquid with a characteristic, agreeable odor. In dilute aqueous solution, it has a somewhat sweet flavor, but in more concentrated solutions it has a burning taste. Ethanol, CH3CH2OH, is an alcohol, a group of chemical compounds whose molecules contain a hydroxyl group, ? OH ? bonded to a carbon atom.?
Summarizes rulings since Roe vs. Wade (1973) decision decriminalization abortion. Impact of pro-choice & pro-life public sentiment. Subsequent Supreme Court rulings that diluted original decision.
2,475 words (approx. 9.9 pages), 29 sources, 2001, $ 87.95
From the Paper "This research paper summarizes the rulings of the Supreme Court regarding abortion since the early 1970s and examines the factors which have influenced the stance of the Court, including its composition. Through its decision in Roe v. Wade, 410 U.S. 113 (1973), the Court established a limited constitutional right of pregnant women to choose to have an abortion. Subsequently, that right has been substantially abridged, especially during the latter phases of the Warren Burger-led Court (1969-1986) and, even more so by the Rehnquist Court. The more conservative orientation of the late Burger and Rehnquist Courts is reflected in the Court's rulings; however, pro-choice and pro-life beliefs and orientations have produced in the 1990s an unstable compromise or standstill concerning the circumstances under..."
Abstract Although many companies draft business plans which typically contain marketing plans, once the business plan is completed, it is often filed away never to be used again. The result is that the overall mission and vision of the organization is diluted and may even be lost as new employees come into the firm, and communication may well break down as employees lose their focus.
From the Paper "Introduction
Although many companies draft business plans which typically contain marketing plans, once the business plan is completed, it is often filed away never to be used again. The result is that the overall mission and vision of the organization is diluted and may even be lost as new employees come into the firm, and communication may well break down as employees lose their focus. When the business plan in general, and the marketing plan in particular, are treated as documents which offer day-to-day guidelines, they facilitate communication throughout the entire organization and help ensure that all employees understand and are working to accomplish the same corporate vision. This research undertakes to illustrate how a marketing audit conducted at Brown Industrial PLC could help alleviate some of the problems which the company has ..."
Abstract This paper provides a brief insight into the renaissance period which began as a cultural movement in fifteenth-century Italy and was known as an age of expansion, of the development of broad humanistic and philosophical thought. It also examines the period of the reformation, which in contrast was a collapse of many religious, political and philosophical schools of thought where nations desperate to break away from the shackles of Rome through the introduction of Protestantism and other changes. It analyzes how the renaissance was an age of change, of humanism that fairly broke the back of Christianity through corruption and dilution and how the reformation was a snap back against those changes and a return to biblical literalism.
From the Paper "The Renaissance was a period of enormous change and refinement in the human condition in Europe. It is the period that marks the shift from Medieval to modern times. First, the Renaissance was marked by a period of interest in humanism. The humanists believed that each individual person had a unique significance to society. This belief structure led to fundamental changes in art, literature, philosophy, the greatest of these changes occurring initially in Italy. It was during the Renaissance that the humanism that extended individuality to people also spread to nations and the collapse of the Emperor systems."
Tags: rome, protestantism, culture, christianity, pope
Abstract This paper reviews literature which looks at arguments for and against the idea of joining the role of nurse practitioner and clinical nurse specialist. Arguments for suggest that the result would be an acute care clinician who integrates the clinical skills of the nurse practitioner with the systems knowledge, educational commitment and leadership abilities of the clinical nurse specialist. The paper shows that those against the idea argue that primary care practitioners play a critical role which would be diluted if blended with the other role. The paper shows that ultimately, the reasons for such a blending are more convincing than the reasons for not doing so.
From the Paper "Mick & Ackerman (2000) as well find that the two disciplines, while often blended, remain distinct at the same time, with a continuing differentiation between the two distinct practice roles. At the same time, the authors call for more emphasis on the blended roles in academia as a way of making the blended role work better. Until now, they note, the institutional value of the roles was depicted as consisting of educated technicians. There was no view that some would choose to move beyond the role of technician to scholar, but the advent of the blended role shows a broader acknowledgment of the influence of the medical model on all nursing roles."
Abstract This research paper discusses how one would go about lobbying Congress to modify the AMT. The paper offers an approach to seek a dilution of the impact of the AMT particularly on the middle class. The paper begins with suggesting an appeal to key Congressional committee members in both parties, followed by building grassroots support for it among key Congressional constituencies and enlisting the assistance of various interest groups. Specifically this paper looks at an important ancillary lobbying effort to directed at the George Bush administration.
From the Paper "The AMT was first included in the Internal Revenue Code (IRC) in 1969 and has since been expanded by legislative amendments, especially under the Tax Reform Act of 1986. The AMT was designed to ensure that all taxpayers, especially wealthier ones, paid a minimum tax which was higher than would be due if all otherwise allowable exemptions, deductions and credits were given full effect in the computation of the federal income tax due from a taxpayer in any given calendar year."
Abstract The paper examines the reluctance of the U.A.E. to grant citizenship to non-tribal Arab's involved in the Arab-Israeli conflict on ethnic grounds. The paper analyzes the phenomenon of migrant workers moving into the country as a result of the growing oil economy and the introduction of western cultural influences that have diluted the strict practice of Islam in the U.A.E. It also looks at the educational and professional opportunities that have become available to women due to the modernizing forces at work.
From the Paper "This conflict within Arab nationalism is echoed within UAE. While both Arab nationalists and UAE try to embrace modernity, progress and Westernization, it threatens their national and cultural identity rooted in Islam. Arab nationalism proposes to not only bring Arabs together, but also provide non-Muslim minorities within Arab countries fair, secular rule under which minorities could regain their rights. In the same way, by adopting a more modern approach to the status of women, UAE aims to provide a more Westernized, progressive society to the large number of foreigners working within its borders. Both Arab nationalism and UAE try to separate themselves from the world's negative view of Islam, which is often labeled as imperialist and reactionary. In the eyes of the world, Islamic states oppress ethnic and religious minorities and treat women as second-class citizens."
Abstract Cyber-squatting is the practice of registering a domain name on the internet, solely with the desire to make a profit off of someone else's established name and reputation. This paper discusses the legal complications of cyber-squatting and explains the legal protection that webmasters have against cyber-squatting. The paper discusses laws such as the Lanham Act, the Federal Trademark Dilution Act, Anti-Cyber-squatting Consumer Protection Act and the Uniform Domain Name Dispute Policy. The paper reveals the loopholes which are found with the laws and the nature of the internet. Finally, the paper maps out all possible preventions and solutions that webmasters should consider once they have become a victim of cyber-squatting.
From the Paper "There are many forms of cybersquatting. The most popular way a cybersquatter will strike occurs when he or she buys a trademarked word to use as a domain name. The reason that the squatter does this is to motivate the mark owner to offer to purchase the domain name from him or her. An easy way to spot this is if the website is "Under Construction" for a long time (Domain Names and Trademark Law). Usually squatters of this kind will wait to have the mark owner find the domain name and complain. The squatter will then offer a solution to satisfy both their needs by selling it to them."
Abstract Too often, movie versions of great works of literature are not faithful to the book. Sometimes, directors "romanticize" the plot or change it around, diluting the original author's intent and making the viewing experience less enjoyable. Such did not happen to Jane Austen's "Pride and Prejudice", at least not in two versions - the 1940 movie starring Laurence Olivier and Greer Garson, and a 1995 serialized version that was made in England and shown on the BBC, as well as in this country. It is the latter I chose for this report on Austen's novel. I will show that it stayed with the book almost line for line and was a great success because of this.
Abstract This paper will take a detailed look at liberalization in India's investment sector. It will uncover what types of liberalizations have already taken place, and take a look at those that are presently being considered. The fundamental argument that will be woven through the paper is that the Indian government should be reticent about proceeding with further reforms until those that have already been implemented start to take effect. Moreover, without the requisite degree of political cohesion there is scarcely any point trying to take a diluted middle ground approach. India needs to reflect on what it has accomplished before it can divine the future. This is an objective approach, and one that all sides should be able to agree on.
