| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "TRADEMARK LAW PASSING": |
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Trademark Law: Passing Off, 2005.
This paper reviews passing off in trademark law.
5,625 words (approx. 22.5 pages), 18 sources, APA, $ 199.95
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Abstract
In this article, the writer looks at passing off in trademark law. The writer discusses the issue of trademark infringement and the similarity of the "junior mark" to the "senior mark." The Lanham Act and law of unfair competition is also examined in this paper. The writer explains how passing off works.
From the Paper
"The famous Judge, Learned Hand, once stated that trademark law's underlying principle was preventing consumer confusion. The traditional cause of action under trademark law is for infringement which has its basis in the law of fraud ..."
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Intellectual Property Law - 'Passing Off', 2006.
A discussion on how the law of 'passing off' protects the descriptive and the functional.
1,894 words (approx. 7.6 pages), 3 sources, MLA, $ 60.95
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Abstract
This paper examines the intellectual property law of 'passing off'. The paper explains that the law of 'passing off' is a common law right of action in the law of tort and is based on the premise that 'nobody has any right to represent his goods as the goods of somebody else'. The paper looks at how the action is effectively one of unfair competition, and applies generally to situations where there is no registered trademark or any other intellectual property right. The paper then points out that a typical scenario would be when a defendant uses an unregistered trademark normally used by a claimant, and in so doing, represents the goods or services in such a way that the public is deceived into thinking that they are being offered by the claimant. The paper also explores how protection under the law of passing off is very much dependent on how much importance consumers place on the part when purchasing the product in question. In conclusion, the paper shows that the courts generally adopt a restrictive approach towards protecting the descriptive and the functional because granting such protection will have a negative effect on the market, and ultimately this is a question of fact, and the courts will look at all the circumstances of each case before making a decision.
From the Paper
"So long as these criteria are fulfilled, the claimant would have successfully established 'goodwill' for his goods or services, but a descriptive mark runs the greatest risk of becoming too distinctive over time that it is deemed generic. By losing its ability to indicate source, the claimant can no longer rely on the law of passing off to protect the mark. This danger has been highlighted by the case of Linoleum Manufacturing v Nairn [1878], where the public began using the term 'Linoleum' to refer to the product generally, without connoting the source of manufacture. As such, the courts will be reluctant to allow monopoly over such terms so as to promote healthy competition in the marketplace."
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An Elephant In The Room Of Trademark Law, 2006.
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.
5,250 words (approx. 21.0 pages), 12 sources, APA, $ 130.95
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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."
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Trademark Law in Canada, 2002.
How trademark law impacts on business in Canada.
2,400 words (approx. 9.6 pages), 5 sources, $ 89.95
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Abstract
This study will look at trademark law and its impact on the business environment in Canada. It will take a critical look at the Trade-marks Act and look at the way it was applied in the Big Sisters Association of Ontario v. Big Brothers of Canada case. From this analysis it will be clear to see that the law, as it stands, is ambiguous and in need of clarification if it is to serve its objectives. Having shown this, however, it will also be argued that bringing more clarity in to the law is no easy task: some flexibility and room for interpretation will always be necessary if the law is to apply to a wide-spectrum of cases. Applicability comes at the cost of precision.
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Ernest Hemingway and the Trademark Law, 1999.
An overview of the relevant law and an analysis of the legalities of tbe use of Hemingway's name, legacy and image by Key West businesses, including "Sloppy Joe's International" and the Hemingway Festival.
5,400 words (approx. 21.6 pages), 12 sources, $ 135.95
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Abstract
An overview of the relevant law and an analysis of the legalities of tbe use of Hemingway's name, legacy and image by Key West businesses, including "Sloppy Joe's International" and the Hemingway Festival.
From the Paper
"Hemingway Days In Key West Florida: Publicity Rights under Law
Background
Over one hundred years ago, Samuel D. Warren and Louis D. Brandeis wrote a law review article in favor of a right to privacy (Warren and Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193: 1890). After the New York Court of Appeals refused to recognize such right under the common law, Robertson v. Rochester Folding Box Co., 171 N.Y. 538, 64 N.E. 442 (1902) (unauthorized use of a young woman's photograph in advertisements for bags of flour), the New York State legislature enacted a statute in 1903 which prohibits use of a person's name, portrait or picture for advertising purposes or purpose of trade without the person's written consent (N.Y.C ..."
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Sports Law, 2005.
A sports law analysis focusing on trademark law.
690 words (approx. 2.8 pages), 3 sources, APA, $ 23.95
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Abstract
This sports law analysis focuses on trademark law and trademark licensing law and includes the issue, the rule of law, an application and a conclusion addressing the impact of these laws and the relationship between professional sports, journalists and business.
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The 'Passing' of Protagonists, 2004.
This paper discusses the 'passing' of protagonists in F. Scott Fitzgerald?s, ?The Great Gatsby?, the 1992 cinematic version of John Guare?s play, ?Six Degrees of Separation?, and Nella Larson?s 1929 novel, "Passing", reprinted in 2001.
1,255 words (approx. 5.0 pages), 5 sources, MLA, $ 42.95
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Abstract
This paper explains that 'passing' does not necessarily have criminal connotations, as black men and women once ?passed? to take advantage of greater social and economic opportunities accorded to whites, as does the protagonist of Nella Larson?s 1929 novel, ?Passing?. The author points out that Guare?s Kitteridges would never acknowledge that they are racist, and yet they are, if blackness does not conform to their worldview; and the society of Gatsby would never acknowledge that it is criminal, yet it is, as it consumes illegal alcohol. The paper states that the sense of class in American society, like the sense of race, is still fragile enough that these protagonists can fully become a part of its fabric.
From the Paper
"The introduction of Gatsby and Paul to these societies thus makes the hidden hypocrisies of class and race respectively evident and uncomfortably present upon the surfaces of these surface-conscious societies. Of course, strictly speaking neither Paul nor even Gatsby are ?passing? in the traditionally understood racial sense of the Harlem Renaissance or the antebellum South. The true definition, one might contend of 'passing' is to pass for white, not to pretend one is Sidney Poiter?s son nor that one is of a higher class than one was born to in New York Roaring 20?s society. ?Passing? is usually understood to be ?passing? for the light skin tone of white in the body of a presumably fair-skinned African American."
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Passing, 2002.
A comparative analysis of the process of passing in Hwang's "M. Butterfly" and Larsen's "Passing".
1,150 words (approx. 4.6 pages), 2 sources, $ 44.95
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Abstract
This paper focuses on a moment from Hwang's "M. Butterfly" and Larsen's "Passing", and compares and contrasts the characters and the process of passing. The codes that they have broken also are discussed.
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"AC/DC Blues" and "Passing", 2001.
Representation of female sexuality in "AC/DC Blues" and "Passing".
1,452 words (approx. 5.8 pages), 8 sources, $ 48.95
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Abstract
This paper explores the similarities and differences in ?AC/DC Blues? and Larsen?s "Passing", and their relation to the representation of female sexuality in African American culture. The author feels that the blue music in the ?AC/DC Blues? recording and Nella Larsen?s "Passing" are both the products of the ?Harlem Renaissance?.
From the Paper
" The Harlem Renaissance is the most important period in African-Americans? history. During this period, there were many different and significant social issues and cultures playing crucial roles in history. Many new forms of music, arts and literature are presented. For example, female homosexuality was considered a subculture in the Harlem Renaissance. This phenomenon appeared in both blue music and fiction stories. In this essay, I would like to explore the similarities and differences in ?AC/DC Blues? and Larsen?s Passing."
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"On Passing the New Menin Gate", 2002.
This paper examines the modernism movement by reviewing Siegfried Sassoon's WWI poem "On Passing the New Menin Gate".
1,315 words (approx. 5.3 pages), 1 source, MLA, $ 44.95
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Abstract
This paper explains that modernist literature is characterized chiefly by a rejection of 19th-century traditions; thereby, the World War I poets reinvented the conventions of poetic prose, turning ballads of war glory into vivid accounts of horrific tragedy and painful suffering. The author points out that, in Siegfried Sassoon's poem, "On Passing the New Menin Gate" (1928), a short fourteen-line response to the Great War, disenchantment is manifested as cynicism, which establishes the context of the poem as post-war criticism, creating the stylistic technique of poetic social commentary. The paper relates that, while Victorian poetry attempts to criticize the conditions of society, modernism focuses on concrete issues such as Sassoon's contrast of the dehumanizing war and the dehumanizing wall, each a product of man's will to enhance civilization on two different levels.
From the Paper
"War exists in Sassoon's poem as a transforming image for poetry and the perception of its reality. In condemning Menin Gate, there manifests an overall disapproval for mankind. Sassoon writes, "Paid are its dim defenders by this pomp; / Paid, with a pile of peace-complacent stone," mocking the excuse which is to replace what has been lost. Following this line he states, "The armies who endured that sullen swamp," a line that is isolated within the poem but comes after this explanation of how the wall is to honor the fallen soldiers. It is possible that Sassoon does this to show the inadequacy of the wall or any memorial in respect to the tribulations the soldiers went through."
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"The Passing", 2002.
Examining the issues of race and color in Nella Larsen's "The Passing".
1,621 words (approx. 6.5 pages), 0 sources, $ 52.95
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Abstract
This paper provides an analysis of the book "The Passing", written in 1929. It shows how, in this period, people were still mainly classified by their skin color. The book deals with the issue of how African-Americans themselves were divided, with the lighter-skinned people being accepted by the "white" society and the darker-skinned people being rejected even by their own.
From the Paper
"Passing refers to the practice of light skinned black people trying to ?pass ? in white society. If a black person passed, they were thought of as rejecting their own history and heritage. If they could not or chose not to pass, then they were giving up a whole host of privileges and rights that came from being white. These were the Days before the Supreme Court overturned Plessy v. Ferguson, everything was separate, but not any where near equal. If everything was equal, it is hard to imagine a black person who would want to ?pass.? There was this tug of war then, between heritage and rights that played on the people. Indeed, at the beginning of the novel, Irene runs into her childhood friend Clare, while they are both passing at a fancy Chicago hotel, Clare as a matter of course, and Irene, to avoid the summer heat of Chicago."
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?Quicksand? and ?Passing?, 2005.
An analysis of theme of race in Nella Larsen's novels "Quicksand" and "Passing".
969 words (approx. 3.9 pages), 0 sources, $ 34.95
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Abstract
This paper examines how Larsen's novels "Quicksand" and "Passing", focus much of their attention toward the enigmatic, frustrating confines of race in early 20th century American culture. It looks at how racial identification and awareness becomes complicated and ultimately causes life-changing conditions for the three main characters in Larsen's novels, Helga Crane, Irene Redfield and Clare Kendry.
From the Paper
"Born to a Danish mother and Caribbean father, Helga Crane's mulatto complexion, which allows her access to both white, upper-class European society and the upwardly mobile confines of black culture during Harlem's Renaissance, ultimately leads her to motherhood in the deep South, embroiled in the same inner-racial conflict and unhappiness that has plagued her entire existence. In each of Quicksand's various settings, from an all-black schoolhouse in Alabama to Copenhagen's patronizing social scene, Helga finds that "if you couldn't prove your ancestry and connections, you were tolerated, but you didn't "belong"" (Larsen 12). While she is undoubtedly met with cautious acceptance in each of her various habitats, it is Helga's own misgivings surrounding her background, however, which are most important in determining her constant, self-imposed alienation. "
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"Quicksand" and "Passing" by Nella Larsen, 2005.
A comparative analysis of the representation of black womanhood in Nella Larsen's "Quicksand" and "Passing".
1,880 words (approx. 7.5 pages), 3 sources, MLA, $ 60.95
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Abstract
This paper examines how the stories "Quicksand" and "Passing" illustrate the profound pressures felt by Nella Larsen as a female writer in the male dominated Harlem Renaissance. It looks at how Larsen grapples with the conflicting demands of her racial and sexual identities and the contradictory nature of a black and feminine aesthetic. It attempts to show that while Larsen's literature appears to project feminist concessions to the dominant ideology of romance, marriage and motherhood, it can equally be interpreted as a radical and original critique of female sexual experience, repressed in both literary terms and in Larsen's own contemporary society.
From the Paper
"The theme of racial identity is central to the exploration of black womanhood in both 'Quicksand' and 'Passing.' The main protagonist of 'Quciksand,' Helga Crane is portrayed by Larsen to suffer from a dual consciousness arising from her mixed parentage. Helga appears indifferent or even accommodating towards white racism as she accepts her uncle's new wife's racist attitudes, believing that she was 'an obscene sore in all their lives, at all costs to be hidden. She understood while she resented.' Helga is also ambivalent regarding Anne's ongoing racism towards whites in the form of sociological critique, and the condemnation of miscegenation."
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Passing as White, 2002.
Examines the emotional disturbance caused through the lack of racial identity in two works.
2,650 words (approx. 10.6 pages), 10 sources, $ 97.95
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Abstract
This paper explores the concept of "passing" as a member of the white community in two works from the Harlem Renaissance.
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Nella Larsen's "Passing", 2002.
An anal;ysis of the novel.
650 words (approx. 2.6 pages), 1 source, $ 26.95
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Abstract
This paper depicts the representation of race in the novel "Passing" by Nella Larsen and describes the role it plays in the lives of the characters involved.
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