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 ..."
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.
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."
Abstract The writer of this paper analyzes the character of African-American Rena in Chesnutt's novel, who is able to 'pass' herself off as white. Given the ethical circumstances of duress under which the heroine lives, the writer contends and explains why Rena's actions may be justified. This paper discusses early 20th southern society in America, which made a fetish of racial distinction. This paper details the plot and main characters of Chesnutt's novel, while focusing on the issue of 'passing' and how easy it is to misconstrue one's race. This book makes a powerful case against the practice of passing, which are detailed in this paper. The writer delves into the ethical ramifications of passing in a racist society and explains why Rena denied a fundamental part of herself by pretending to be white.
From the Paper "When Rena learns of the transience of George's affections and she falls ill. However, Rena recovers and vows goes on to work toward uplifting her race, although she dies at the end of the text, perhaps in a nod to the author's acknowledgement to the common cultural trope of the 'tragic mulatto.' But Rena is not condemned because she engages in 'passing' The House Behind the Cedars makes a powerful case against 'passing,' but not because it is unethical. Passing is not wrong ethically or morally in a racist society, and race itself is a fluid category. But by not identifying with her parentage heritage fully, Rena denies a fundamental part of herself and becomes tied to a man who is not worthy of her."
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.
Abstract The paper discusses how Robert Browning considers his poem "Pippa Passes" as both a play and poem. The paper explains that as a play, "Pippa Passes" consists of a series of rather disjointed dramatic scenes held together largely by being part of the same work. The paper shows how as a poem, "Pippa Passes" involves a number of poetic experiments and different poetic forms, using elements that would be characteristic of the dramatic monologue style Browning would further develop in later works.
From the Paper "As a drama, "Pippe Passes" has a setting in which the characters interact and to which they react. That setting is a small Italian mill town. The situation is expressed at the beginning of the opening section, entitled "Day!" Specifically, it is New Year's day at Asolo in the Trevisan. The main character is Pippa, the first person introduced in the piece, a girl who works in the silk mills of the town. She is cheerful and philosophical and speaks directly to the reader in the manner that will become traditional in Browning's dramatic monologues."
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."
Tags: intellectual, property, copyright, patent, trade, mark
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."
Abstract This paper analyzes the Battle of Kasserine Pass, which was the first time inexperienced American soldiers came up against German soldiers, in World War II. The paper describes the history of the battles in Kasserine Pass and the actions of the American, the British and the German troops. It discusses the effects of the battle on the American soldiers and the outcome. It then describes some of the lessons they learned that aided them in eventually winning the war.
From the Paper "Rommel was impressed by the abundance and speed of American equipment, supplies, and reinforcements that had appeared, and he questioned the strength of his foe. As a cautious effort, Rommel withdrew his forces to the Eastern Dorsal and prepared for an anticipated Allied counteroffensive. A massive British and US air attack on Kasserine Pass quickened his retreat, brutalizing the German forces. Two days later, Kasserine Pass was back under Allied Forces control, which was shortly followed by Rommel being relieved of his command (Rife, 1998/1999)."
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."
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."
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. "
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."
Abstract This paper explains that Christ-like human beings are instruments for the arts in the poetry of Robert Browning. The author points out that, by addressing how Browning created "Pippa Passes", the reader can learn how his poetic style of monologue matured in Ira Lippo Lippi's style and religious ideology. The paper states that Browning was an extremely dedicated follower of the Christian faith, which resides clearly in how human beings are used instruments for his own poetic vision.
From the Paper "The drama of "Pippa Passes" reflects the way that God is a messenger of the arts within the poetic style that Robert Browning applies in his verse. In this manner, Browning has a supreme faith in the Christian God to guide Pippa by this seemingly invisible hand to influence artists in a positive manner."
Abstract This paper presents a case for the passing of the civil rights protection of homosexuals. This paper presents the views and reasons of the people who oppose the passing of this act. This paper then demonstrates the importance of the passing of this act and how it would benefit the society at large. The paper also highlights certain quotes to support its claim.
From the Paper "Civil rights protection of the homosexual has gained much momentum over the years. The United States Supreme Court in its Bill of Rights declared that sexuality is an indispensable component of self-definition and the state has no right to pervade someone's home privacy. Discrimination on the basis of sexual orientation is also a violation of the 14th Amendment. Despite everything, homosexuals still suffer as far as employment, housing facilities and rights are concerned."
Abstract On October 9, 2002 the Supreme Court of the United States heard oral arguments in the case of Eldred vs. Ashcroft. The paper shows that the fundamental issue in this case is whether Congress, which has constitutional authority to issue copyrights and patents "for limited times" to "promote the progress of science and the useful arts", overstepped its constitutional authority by passing the Act. The previous Copyright Act, passed in 1978, protected copyright author's work for only 50 years after the person dies. The controversy behind the case at bar is that the Bono Act extends this copyright term by 20 years. The paper shows therefore that the Supreme Court must decide whether Congress overstepped its bounds in extending the copyright term of authors from 50 years from their death to 70 years from that time.
From the Paper "Second, the Act is unconstitutional because the extension of the copyright term in the Act contravenes the mandate in the Constitutional text to "promote the Progress of Science and useful Arts", because it instead serves to impede such progress by encouraging monopolies and strangle-holds on the market. (Indeed, many scholars and commentators even go so far as to call the Sonny Bono Act the "Mickey Mouse Amendment", in reference to Disney's need to keep its copyright monopoly on Mickey Mouse and his brethren.) Specifically, in merely advancing the interests of corporate conglomerates (such as Disney and other monopolistic publishers) seeking to hold onto their massively profitable copyrights indefinitely, Congress has contravened both the spirit and the terms of the Copyright Clause of the Constitution."
