Trade mark and Copy right Essay Example | Topics and Well Written Essays - 1000 words

Trade mark and Copy right - Essay Example Trade marks are registrable at state level and federal level in the U.S. Whenever any one wants to claim some thing as a trademark, he can use the words" TM" next to the trade mark to serve public or competitor as notice of his right over the same whether registered or not. Unregistered trademark is called common law trade mark giving right to the user who is manufacturer or seller by virtue of its use. If it is registered with the U.S. patent and Trademark Office, the symbol can be used beside the trademark and not while the application for trade mark reiteration is pending. Benefits of registering with federal agency are 1) it serves as a constructive notice throughout the country, 2) evidence that it is owned by the user, 3) invocation of federal courts jurisdictions, 4) it can be used for registration in foreign countries, and 5) if registration is field with U.S.customs which will be used for preventing entry of foreign goods infringing trademarks. (FindLaw) The legal basis of Tempur-Basic is that ComfortStep used by Real Man Boot Company is similar to their brand name 'Comfort-step' in their goods. Though it is not registered, they are alleged to be the first ever users of the said name. However close scrutiny of the names reveals that they are not similar. There is a hyphen between the word comfort and step in the claimant's trade mark where as there is no hyphen in the defendant's trade mark. More over goods are also not the same. Whereas the claimant is using it on casual wears, defendants are using it on work boots though both are foot wears. Position would be different had the claimant registered the trade mark stating that they are using in all their goods including boots. The right over the trade mark registered or not is perpetual. Hence claimant can not succeed in their claim. Question 2 A Describe the general duties of a director of a corporation, and the standards that a director is expected to meet in fulfilling those duties. Also describe what factors or interests you can consider in making decisions as a director. Originally, a director was expected to act only in the interest of share holders of the corporation. But of late, it is the acting in the best interest of the corporation that has to be taken into account before considering interest of the share holders. By virtue of section 302 A.251, subd 5, other stake holders' interests have also to be kept in mind by the director. The other stake holders are corporation's bankers, creditors, Government bodies, employees, and environment. The director should be loyal to the corporation by not competing with the corporation's business. Any thing that the director is accessible to in the affairs of the corporation should not be used by the director for self-serving personal enrichment. He is expected neither to use for personal gain nor disclose matters that are confidential to outsiders and rivals. The director must notify any conflicting interest he may be involved on which the company board must decide for the director to continue with or drop i t before taking director ship or before assuming any new role during his directorship. The director has the power to appoint or dismiss the CEO of the corporation and also decide his salaries. The director is responsible to declare dividends, work out strategies, and can restructure corporation's capital structure including class of share

The concept of beauty in anthropology Essay Example | Topics and Well Written Essays - 1000 words

The concept of beauty in anthropology - Essay Example Due to this it is considered a great challenge to find a uniform definition of beauty because what a person finds beautiful is not the same as another. Beauty is based on personal perspective and own concepts honed by own culture and society. It is a universal word but has many definitions and meaning. Scrotun (1) cited the idea of Pato and Plotinus that beauty is an ultimate value  ­Ã‚ ­Ã¢â‚¬â€œsomething that people pursue for its own sake and for the pursuit of which no further reason is needed to be given. As Santayan stated beauty is truth, the expression of the ideal, the symbol of divine perfection and the sensible manifestation of the good. According to Scruton (5) beauty pleases us, it is always a reason for attending to the thing that possesses it, and it is a subject-matter of judgement: the judgement of taste where it is all about beautiful objects not the subject’s statement of mind. Beauty is always associated with aesthetics and is always associated with arts. Stout as cited by Van Damme (40) defined aesthetic as a branch of philosophy dealing with the beautiful and the tests by which the beautiful may be judged. Beauty can be found in different works of art. Paintings on the wall that give joy to the audience; sculptures that please the eye and resonate the beauty that can be touched; and other works of art that are considered as important possessions because of beauty. According to Santayana (126), our judgment of aesthetic is intrinsic when based on the perception of beauty and based on the character of immediate experience and never consciously on the idea of eventual utilities of the object. Judgements about moral worth, on the contrary, are always based, when they are positive, upon the consciousness probably involved. However, in Africa, art forms are made to illustrate ugliness (Van Damme 41). This is the definition by the word anti-aesthetic introduced by R. Thomson