Organizational Behavior and Communication in the Walt Disney Company

This paper focuses on the organizational behavior and communication within the Walt Disney Company. This piece contains a discussion on The Disney Company’s philosophy, mission statement, vision statement and values and its affect on organizational behavior and communication. The Disney Company is an international organization in which communication role plays an important part in the organizations’ perception and organizational culture. The Company supports its values through its actions and communications among and within cast members (employees) as well as the general public. The Walt Disney Company â€Å"started with a mouse† a favorite comment made by Walt himself as he looked back at the humble beginnings of his organization. The Company’s philosophy, mission statement, vision statement and values come directly from The Company’s annual report (2010). The Company’s philosophy is taken directly from Walt Disney himself where â€Å"every child is born with a vivid imagination† which became the foundation for animated sequences of fantasy, visits to the depths of the ocean and dreams of flight into Space. The Company’s mission statement is â€Å"to be one of the world's leading producers and providers of entertainment and information. Using our portfolio of brands to differentiate our content, services and consumer products, we seek to develop the most creative, innovative and profitable entertainment experiences and related products in the world. † The vision statement reads â€Å"The Walt Disney Company is to be the preeminent leader in the field of family entertainment. The Company values are Innovation, quality through high standards of excellence and maintain quality standards for all product categories; Community to create a positive and inclusive idea about families and provide entertainment experiences for all generations to share. Every product will tell a story and will be timeless and engaging to inspire and delight; Optimism which focuses on hope, aspiration and have positive resolutions and Decency where the company honors and respects the trust people place in the Company and provide an atmosphere to create fun and to laugh at experiences and themselves. Communication plays a crucial role in perception and organizational culture within The Disney Company. A significant part of communication lays the question of trust between people receiving information and those giving information. Thomas, Zolin & Hartman, 2009 discussed the capability of trust and communication improving organizational concerns relating to employee participation and job performance. Open communication is a factor relating to interpersonal trust. If employees cannot trust supervisors then employees hesitate to work towards organizational goals. When companies exhibit openness, it promotes the organizations’ commitment to it culture and values (DeRidder, 2004). Being a global company, Disney employs people with diverse backgrounds and nationalities and being unable to communicate and work together can create problems. The Company aligns its communication style with its culture and values through the use of storytelling. Using a method called the â€Å"Grandparents Story†, Murray Nossel teaches employees of global companies how to listen and communicate with each other (O’Connor, 2010). Nossel says the use of storytelling brings people together because everyone has a Grandparent story and key to the method is not the story itself, but people listening (O’Connor). Barker and Gower (2010) recognized storytelling as a person’s ability to establish a common ground and social relationships. By creating a picture through stories, organizations are able to represent personal, interpersonal and corporate perspectives on a social level (Barker and Gower). A noteworthy part of communication is dealing with and resolving conflict. The Disney Company faced significant communication conflicts with Euro Disney (now Disneyland Paris) in France. Instead of listening, assimilating and communicating with the French people and their culture, The Disney Company dictated how the park would be set-up, prices to charge and create another â€Å"America† in France. According to France, everything had to be â€Å"the Disney way† and the French and their culture were pushed aside adding to a hostile environment (Spencer, 1995). The Company should have formed a group with French and American members to work out conflicts because the opinions of the members create discussions establishing an improved detailed method rather than a singular perspective (Jehn and Mannix, 2001). To improve communication with and among groups, The Company should follow the methods of recently acquired Pixar Company. The people at Pixar have the freedom to communicate with anyone in a â€Å"safe† environment to offer ideas and criticism with explanations from anyone at any level in the organization. The leadership at Pixar explains that creativity is behind the company’s success and having an open communication format is the basis of the company culture (Catmull, 2008). Disney’s espoused values align with its enacted values. The Disney Company focuses on the customer and their experiences and even created a new term called â€Å"guestology† (Innovation value). The term applies to the importance Disney puts on understanding their customers. Disney measures the amount of time a customer has to wait, the number of acceptable drops on the ride Tower of Terror† and what prices guests are willing to pay before becoming unhappy (Quality, Every product telling a story and Optimism values) (Ford and Heaton, 2001). According to Ford and Heaton, the organizational culture of The Disney Company guides and directs employees on how to handle situations using honor and respect that may not appear during formal training (Optimism value). Disney cast members (employees) are empowered to make decisions or perform reasonable actions to satisfy guests (Decency value). According to Michael Griffin, Vice President of communications for Walt Disney World, when it comes to communication, Disney disseminates in writing the same information to cast members as it does to the general public. When it comes to information not in writing, team leaders are informed and they in turn verbally inform their members. According to Griffin, the company does everything to protect the brand (Elsasser, 2009). As the Walt Disney Company grew through the innovative efforts of artists and technology, the Company maintains its philosophy of creating with the vivid imagination of a child. As the company grew to international status through movies, amusement parks and Broadway productions, the company continues to maintain its dedication to providing innovative, quality entertainment for all members of the family. The Disney Company communicates its corporate values which are infused in the organizational culture, instilled in employee training and acted upon with honor and respect to the customer.

Community Problems

Many neighborhoods face serious community problems because of certain factors and they have a certain effect on the people living In the communities. I live around a community where there are a lot of car street races which happen on a regular basis and It creates major chaos over the weekends. Seems Like It Is not a major Issue, however, these street races cause major trouble to all the neighbors as It creates noise, causes accidents. Creates trouble for all the stores around, for people traveling at night and so on.Every weekend, a specific parking lot in the town of Formidable is filled with Hot Rods, college students, high school students and even adults, not to mention, cops too. This is a huge parking lot outside a mall which has plenty of room for cars and is connected to a highway-route 110. It is the main attraction for guys and girls with hot rods. I heard a lot of stories about this location and about the races taking place there every weekend so I decided to take a look f or myself before I could believe any of this.One night, I made a trip to this famous parking lot! At first, when I got to the parking lot, all I saw was a few random cars parked with some guys standing around them and talking to each other In groups. I parked my car there and stopped to watch what happens. I was extremely curious because I had only heard of these kind of scenes in movies and never thought it would be the reality. A little after 1 1 pm, a group of cars came into the parking lot with extremely loud exhaust pipes and loud music.As they revved up the engines my adrenaline started pumping. I could not believe what my eyes saw. A large number of cars drove n and parked there. There were people of all different age groups coming in from high school students, to college students and even elderly men around the age of forty who wanted to show off their hot rods. Soon after, some drivers including female drives took their cars out into the driveway and started drifting and pe rforming rolling burnouts to get the crowd excited.I stepped out of my car and stood there to watch. These people were enjoying themselves with loud music, alcohol, dancing with girls and screaming and shouting. I was shocked when a few gig school kids approached me to ask me about my car because these kids were 9th graders who had sneaked out of their houses at midnight with their parents cars for these races. After around half an hour, a group of cars revved up their engines and started moving towards route 110 so I decided to follow.Once we got onto route 110 they start driving like crazy people over speeding and cutting lanes and eventually turned onto a street off route 110. This lane was completely isolated and there were barely any cars parked there so they lined up their cars there and made a roadblock t the two ends of the lane and started having drag races which made a lot of sound and obviously called In for cops. This is where the major problems from these races start. O nce the cops come In, chaos occurs.These guys get Into their cars and started racing off from these race sites In all different directions to avoid getting caught. They go onto the main roads and over speed causing accidents not only for themselves but all the noise they create. They get into accidents, get caught and pay fines, cause trouble to other drivers on the road and so on. This is a major community problem as it attracts a lot of students in the community from not only colleges but also high schools.These kids have illegal modifications on their cars which adds to money in the black market. It also encourages many others to Join this racing league which leads to accidents and deaths. There is a lot of illegal betting and gambling, underage drinking, over speeding and many such laws broken which cause serious community problems every weekend and according to me this should be checked and stopped as soon as possible!

Customer portfolio and Strategic Account Management 04256 Essay

Customer portfolio and Strategic Account Management 04256 - Essay Example Arguments made by Johnson and Selnes (2004), states that focus should be made on the wider managerial perspective that considers the company’s entire customer portfolio rather than focusing on the few close customer relationship in order to maintain profitability, shareholder’s value and company growth. According to the authors Harri Terho and Aino Halinen (2007), customer portfolio analysis is an action by which a firm examines the present and the future customer values for building a balanced consumer structure through efficient allocation of resources to individual or customer group. The equilibrium of the customer portfolio can be considered as the vital goal of the customer portfolio analysis due to its explicit presence in all the proposed. Therefore the portfolio models earlier were based on mathematical optimization and have major focus on the formation of a favourable portfolio of products (Sackmann, Kundisch and Ruch, 2010). Ryals (2003) also stresses on the need to analyse the total relationships as an investment portfolio where the balance would be the consequence of the customer relationship related long term revenues and risks. The main focus of the customer base is to determine the significance of customer relationships to the company and differentiating between consumers of different worth. The analysis is the future outcome which is not restricted to the monetary value of the customers but also involves the varied consumer roles in providing present and future value for the company (Johnson and Selnes, 2004). The theory of customer portfolio study is related to the theory of segmentation but still varies considerably. Portfolio analysis centres on analyzing the existing value of customers as stated by H. Terho, A. Halinen in the Journal of Business Research (2007) from the main companys point of view whereas segmentation usually focuses on segregating the market into

Summarize Comm Theories Essay Example | Topics and Well Written Essays - 250 words

Summarize Comm Theories - Essay Example principle of human social organization is made up of three basic elements: The appearance of the other with the self, followed by the identification of the other with the self, and lastly the searching of self-consciousness through the other (p. 253). The three elements of human social organization are enabled through mass communication. The theme in this reading is supported by the critical cultural theory. The theory argues that mass media establishes the status quo that defines social movements to bring about positive social change. The critical cultural theory illustrates that; communication occurs through a psychological process referred to as â€Å"mob-consciousness† (Baran & Davis, 2015). The psychological process is identified through a quantitative research method. An experimental approach is adopted to indicate how mob-consciousness is influenced by attitude and the surrounding environment. The quantitative research method was efficient and effective in establishing that a speaker has the ability to influence the general attitude of the audience. The research concluded that; communication occurs when one party assumes an attitude passed from another party and adjusts the attitude in respect to a particular aspect of the environment. The environment that influences attitudes is of much importance to the parties in the audience. The text achieves a common ground between the authors and the readers. The authors successfully explain how the social foundations and functions of thought influence communication. The critical cultural theory supports the theme of human social interaction. Communication arises when attitudes are assumed and adjusted to accommodate a common ground between the speaker and the audience, and among the audience

Sexual Pressure by Peers Essay Example | Topics and Well Written Essays - 2250 words

Sexual Pressure by Peers - Essay Example The 2003 survey of the Kaiser Family Foundation gives one a picture of the youths’ attitude on sex, contacting sexually transmitted diseases, and unwanted/unexpected pregnancy (Stone 2004). Numerous adolescents, especially boys, feel peer pressure to have sex before they are ready (Auerback 1994). The survey also gave a report that boys mention drugs and alcohol are conveyors of sexual activities, often without the use of protection such as condom. One out three adolescent males aged 15-17 says that yes, he can sense the pressure to already engage in sexual activities, while one out of five females of the same age bracket says the same thing (Stone 2004). Their friend’s influence for them to drink was high equally for both boys and girls; pressure to take addicting substances has about the same rate with pressure to have sex, according to the survey. Finally, a total of 63 percent of adolescents surveyed (aged 15-17) agreed either strongly or somewhat that "waiting to have sex is a good thing but nobody really does this." Surprisingly, 6 percent of the boys said they are ‘more likely to say so’. Promiscuous, irresponsible sexual activity is the world’s main cause of HIV epidemic. A surprising average of two young individuals per hour per day gets the HIV virus. Half of everyday’s recorded HIV cases worldwide are young people under the age of 25. HIV/ AIDS are spreading at alarming rate and are costing billions of dollars to prevent or eradicate. It has also claimed millions of lives (Hasida 2003).

Supreme Court Essay Example | Topics and Well Written Essays - 1500 words

Supreme Court - Essay Example The aim of this order which was named the Civilian exclusion order 34 of the US army was executed as a way to prevent these American-Japanese from committing espionage during the war time. Korematsu who is the plaintiff saw the execution of the order as being unconstitutional and being in violation of the Fifth Amendment. He therefore refused to move and was arrested and convicted. The case eventually reached the Supreme Court which ruled strongly in favor of the presidential executive order insisting that the rights of the plaintiff were minimal and hence of no significant compared to the Americans in general (Alonso 52). The issue that was being resolved by the Supreme Court was on whether to affirm or duly dismiss the conviction order of Korematsu based on violation of his constitutional rights and Fifth Amendment which were being violated. The decision of the court which was delivered by Justice Black and which had a 6-3 decision was the affirmation of the conviction order for Korematsu where it sided with the government about its national security and prevention of espionage. The reasoning of the court was not based on the constitutionality of the presidential executive order, the racial segregation or even the loyalty of the petitioner to the United States. It rather looked at the bigger picture which in this case was the safety of the citizens of the United States from espionage and further attacks from the Japanese. The court supported the government on this ruling as the people in the United States who were the majority compared to those who were American-Japanese needed protection from war and the negatives effects that accompanied war. The government had no certainty of the number of Japanese who were disloyal to the United States and loyal to the government of Japan and who could therefore aid their country in the war through trading secrets about the national defense. The military in charge of the exercise concluded

Letter to dean Essay Example | Topics and Well Written Essays - 250 words

Letter to dean - Essay Example I believe that the highest level Economics class remains too complicated for me and any poor performance from the course would lower my overall GPA. Maintaining competitive GPA would be vital in enrolment for immediate masters’ degree. Besides the desire to maintain my GPA, my family currently faces financial constraints. My father’s company acts as the main source of income for the family and it currently faces detrimental financial challenges. The financial constraints have restrained family expenses especially my UM and apartment fee expenditures within the school. Moreover, my younger sibling would be beginning his studies in USA this year. Consequently, I would desire to graduate this semester to enable me ease the financial constraints in my family and assist my aging father in supporting us. Therefore, it is my modest plea that you grant me a permission number to enable me realizes my coveted

Woman Role Essay Example | Topics and Well Written Essays - 500 words

Woman Role - Essay Example The article highlights the social status of Florentine women in Italian society which was marked by clear cut social and cultural expectations that were associated with the different genders. Cooking was considered to be the most significant identity trait of the women which was jealously guarded and nurtured by them through the ages. Though women did not enjoy any economic freedom or had any major decision powers, they, nevertheless, had the sole rights where the various household chores like cooking, washing, ironing, looking after the children’s needs etc. were concerned. This paper makes a conclusion that the ‘wage work’ was the most significant factor of feminist movement because it made women realise that working outside the home gave them more recognition as an individual which was denied to them when they worked long hours at home, doing various household chores. Laura’s statement that ‘A housewife never gets the recognition that a working woman gets’, succinctly describes the changing expectations of the women. ‘Cooking was often the first chore from the reproductive sphere that men took up’, clearly shows the tacit acceptance of the evolving roles of women in the society by the men. The article indeed, has been able to give an important insight into the evolving roles of genders. The compulsions of the urbanization have been the primary reasons for the empowerment of the women who have been denied their rights as individuals in the patriarchal society.

Any historic event before 1877 Research Proposal

Any historic event before 1877 - Research Proposal Example Everybody, at least lost a person during the war, either through death or through separation. For instance, Abraham Lincoln’s brother-in-laws served in the opposing side, the â€Å"South† (Butler, Grant & Randall 233). However, the South had more deaths as its war force was small. This put the â€Å"North† on an advantageous position and the triumphed over the â€Å"South† as slavery was abolished and the infrastructure of the â€Å"South† was destroyed (Fletcher 122). The end of the war marked a novel initiative of national unity restoration and guarantying the civil rights of the freed slaves. However, it is disgusting that the contemporary Americans have not embraced the beneficial values, which were the outcome of the war. The social and economic disparities between the South and the North played a key role in stirring the war. The advent of the cotton gin by Eli Whitney, in 1793, made the production of cotton a very profitable business since the machine significantly reduced the time taken to separate the cotton form the seeds. As such, the South turned to the cotton plantation to take advantage of the benefits it brought, something that needed more cheap labor. To the end, the South adopted slavery as the main economic factor. In contravention, the North was industrialized and often bought the raw cotton and turned it into finished goods. Here, people of different classes and races works together as opposed to the south that had an antiquated social culture (Calore 10). These disparities gave rise to the Civil war as the North was for the idea that civil human rights should be spread to everybody and not the majority only, as the South practiced. Severally, the South tried to nullify the constitutio n but their efforts were futile and hence they opted for withdrawal, since they felt that they were not respected anymore (Mountjoy

The origin of the third world plight Essay Example for Free

The origin of the third world plight Essay Thesis The Third world countries have continued to witness some of the most challenging times in their quest for real development that would catapult their economies to march those ones of the first worlds. However these countries have been bedeviled by major obstacles of bad governance, corruption, and exploitation by the first world countries. Of great concern has been the contribution of major world bodies that have continued to impoverish these economies in the name of supporting them. The World Bank stands out as one of the culprits. Introduction Many times is when some people do not understand what is meant by the term ‘third world plight’. This in terms means, they are those countries that still are developing. The third world countries are greatly in substantial indebt ness according to statistics. More than 50% of the people living in third world countries are living below the poverty line: this is below a dollar a day. It is reckoning, how this is happening, but the World Bank has attributed all this. In 1986 –1987, the World Bank’s president Barber Conable said that the World Bank had been a great success, yet it only oppresses the governments in the third world countries. In 1962, Robert McNamara who was the bank’s president led it to achieve higher loans levels and by the time he was resigning in 1981, the levels had increased from $883 million to over $12 billion. (James Bovard) McNamara and the World Bank supported Nyerere’s dictatorial regime and the bank gave more aid to Tanzania hence the cause of the current misery of the Tanzanian people. This kind of act by the World Bank was wanting, as it only devastated the third world countries. In late 1970’s, the World Bank also financed the Vietnamese’s government thus encouraging their brutal policies that brought about a lot of deaths of the boat people in the south sea. The bank was to finance an irrigation project that was risky, as it would be subjected to rebellion among the farmers. Farmers who resisted the project ended up being drowned in the sea. (James Bovard) The World Bank lent $600million to the Indonesian government to forcibly remove people from Java Island and resettle them in the barren islands. It was due to this transmigration, that violence erupted in Indonesia, leading to the deaths of thousands of people. Despite this fact, the bank termed this as the â€Å"largest voluntary migration.† This was clarion of the banks hypocrisy as it violated human’s rights. The bank provided capital to the Ethiopian Marxist regime of Mengistu Haile Mariam. (James Bovard)   In 1984 – 1985, Ethiopia was struck by famine and this forced the government to forcibly deport people in northern Ethiopia to the south. It is believed that more deaths occurred as would have been caused by the famine. The government introduced the villagilization program but many people still rebelled against it and were killed. Despite of all this happenings, the bank still continued to lend money, as it was not concerned with the citizens but seemed to provide more help to the bureaucrats and politicians. (James Bovard) The World bank is highly to blame on the poverty in the third world countries as it uses to pressure to this countries to lend more money than which is borrowed. The audit of Madagascar Morondava Irrigation and Rural Development Project is a good example, where by the new government was pressured by the bank to accept the project so as to be submitted to the executive directors. It is evident that the World Bank gave wrong advice to the third world countries and it’s clearly brought in Western Africa in the project of promoting cocoa and coffee. This simply failed because the bank had encouraged the farmers to grow cash crops in unsuitable soils. (Barbara G 18) The world bank in the late 1970’s and early 1980’s aim, was to lend money in order to boost food production in Africa and other developing countries but this did not happen as almost 20% of the food production had fallen because much of the bank’s investments went to big irrigation schemes and state farms thus wastage of money. It is due to the bank’s poor investments that dragged down the entire economies of the third world countries. (Peter T. Bauer 21) In 1980, the world began Structural Adjustment Loans programs that encouraged policy reforms. Most of these loans were mainly going to the governments of the third world countries in repaying their debts to the bank or the international momentary fund. In 1984, a statement from a world bank’s official was bizarre, as he said, â€Å"if china is to maintain a reasonable growth rate and manageable debt service payments, it will need to obtain the necessary additional foreigner capital at an average interest rate below the market rate.† This implied that even investments in the third world countries would not be greater than the banks interest hence putting third world countries into deeper poverty’(Peter T. Bauer 23)    Problems faced by the third world countries Malnutrition- a good example is in Kenya whereby a bank report found severe malnutrition widespread among the beneficiaries. Barbara Gunnell concluded ‘the real loser is the Kenyan government, or future generations of Kenyans who will go on paying the World Bank interest on the loan.’ This was due to the fact that the bank had invested $20 million in Bura irrigation but when the then president Daniel Moi toured Bura he found ‘eroded irrigation canals, abandoned plots, poor crops, tumbledown and unsanitary housing, zebra grazing on irrigated land and on air of decay’(Peter T. Bauer 23) Diseases -a lot of diseases have become wide spread in these third world countries and they include; The AIDS pandemic, malaria, cholera among others. Poor infrastructure- poor insfrastructure has become a major threat to these countries as many accidents occur though roads that are constructed well but the cost of maintenance is quite high hence they become dilapidated. (Peter T. Bauer 24) Desertification- an example is in Botswana whereby two livestock projects that were to promote cattle rising resulted to overgrazing. The bank further introduced a third livestock project despite the fact that it led to overgrazing. (Peter T. Bauer 26) Displacement- the bank is spending about half a billion dollars in the largest westwards-flowing river in India to dam it. This was proved that it would end up displacing thousands of people and destroying a lot of land but the World Bank went ahead with its plan. Insecurity- the third world countries have been faced with high rate of insecurity as foreign direct investments have been directed to other regions hence of no benefits to these countries as high crime rates still continues. (Peter T. Bauer 33) Poverty – many people in the third world countries are living below the poverty line due to the indebt ness that they have to their donors, international momentary fund and the World Bank. (Peter T. Bauer 34) Conclusion It is evident that though the World Bank has helped these countries, it is majorly to blame for dragging their economies. For all countries in the world to be at par, it only would be best to cancel of, the debt of the so-called third world countries. The bank ought to encourage reductions in lending capital to enable these countries economies to grow. It could also not lend capital that will be of bad use, as this only benefits politicians of these countries and continues to deteriorate their economies. Works Cited Barbara Gunnell, The Great Bura Irrigation Scheme Disaster, African Business (April  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1986): 18. James Bovard: The World Bank vs. the World Poor: Policy Analysis: Retrieved on 13th May 2008 from http://www.cato.org/pubs/pas/pa092.html Peter T. Bauer: Equality. The Third World. And Economic Delusion: Cambridge, Harvard  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   University Press, 1981 p. 21.

Babri Masjid Demolition Case And Formation Of Hindu Community History Essay

Babri Masjid Demolition Case And Formation Of Hindu Community History Essay Introduction The Babri- Masjid dispute in Ayodhya as been the cause of violence between the Hindus and the Muslims for many decades each faith claiming the ownership of the disputed holy site. Ayodha is a pilgrimage is a pilgrimage site that is used both by Muslims and Hindus and two faiths attend the annual Ram festivals which are attended by more than 500000 people. Both faiths belief that the well water found in the site has miraculous curative properties. Hindus claim that the site where the mosque stood was similar spot where the temple build in 12th century in honor of the Lord Rama had stood and got destroyed during the reign of Babur. The two faiths have been clashing constantly especially with the Hindus trying hard to erect a temple for worship in the same site while the Muslims resisting and refusing to allow such ideas. Violence has erupted severally calling for the intervention of the civil administration which refused the place to be used as a place of worship and that no one builds a temple there until the dispute is resolved. Getting a viable solution the dispute had taken decades characterized with massive bloodshed and l loss of lives and still remains a contentious issue in Ayodhya region and the entire Indian/muslim society. History of the Babri-Masjid dispute in Ayodhya The Babri Mosque was in 1528 by Babars general Mir Baqi following the orders that were given by Babur after the destruction of the Ram Mandir. The first recorded violent incident regarding the issues took place in 1853 at the time when Nawab Wajid reigned. The clash emanated from the claims by the Hindu sect Nirmohis that the mosques stood where the destroyed ancient temple stood. To curb the spiraling violence the British administration in 1859 was forced to erect a fence in the site to separate the places of worship allowing the Muslims to use the inner court and the Hindus to use the outer court (Jaffrelot, 1996). In 1949 there was a controversial incident where idols of Lord Rama appeared inside the mosque and it was alleged to have been placed by Hindus and that incident led to a massive protests by the Muslims and resulted to both parties filing law suits against each other and to curb the situation the government proclaimed the premises as a disputed area and all the gates to the site were locked. In 1984, Vishwa Hindu Parishad party spearheaded the formation of a committee that was intended to liberate the disputes holy site and to carry out the building of a temple in the site and the leader of the Janata party Lal Krishna later took over in leading the campaign. Formation of the committees prompted the order by the district judge to open the gates of the Babri mosque to allow the Hindus to worship in the site and this again sparked protests by those of muslim faith resulting to the formation of the Babri Mosque Action Committee which was responsible for ensuring that no temple was build near the mosque. 1n 1989 the campaigns by the VHP party to construct a Ram Mandir in the site were stepped up and led to the laying down of its foundations on the land that was adjacent to the mosque. 1990 saw the VHP activists destroy part of the mosques and the Prime Minister Chandra put some efforts to resolve the issue in vain. The VHP supporters demolished the mosque in 1992 and stirred up nationwide riots between the two faiths Hindus and Muslim resulting to death of more than 2,000 people and in response to the disaster the government set up a justice MS Liberhan commission which was to inquire in to the conspiracy that led to the destruction of the mosque. Since then there have been several attempts to resolve the dispute but an amicable solution have been reached and more deaths and riots have been experienced in 2002 when 58 people were killed on an attack on the train in Gordha which was ferrying Hindu activists returning from Ayodhya. The train attack sparked more protest in Gujarat which lead to death of 1000-2000 people which were mostly Muslims and the high court started hearings on the ownership of the site same year. Following a court order archaeologists begun a survey in the religious site to determine whether Lord Rama really existed on the disputed site and the team attested to have found evidence of a temple beneath the mosque and the finding were disputed by the Muslims. By 2004 Advani and the BJP still had unwavering commitment that the building of the temple in Ayodhya was inevitable and in 2005 the government extends the term of Liberhan Ayodhya commission and in 2007 fifteen persons that included a lawyer were sentenced to life sentence by a local court on accusations that they burned nine persons alive during the communal riots in Kanpur after the demolition of Babri Masjid in December 1992. Seventeen years after it was setup and with 48 extensions, the Liberhan commission submitted its report to the prime minister Singh and that saw the high court pronounce its final judgment which was a split verdict suggesting division of the disputed land into three equal portions between the Ram temple, Nirmohi Akahara (plaintiff) and finally the Sunni Wakf board (Irani, 2004). Formation of Hindu community. As the comment every history is the history of the present goes, the Hindu community have been formed and reshaped for centuries by the progressive events that would lead to the demolition of the Babri-Masjid mosque by in December 1992 in Ayodhya. The community has had occurrences that have taken place on a progressive chain that when linked form the history of the formation of the Hindu community. The Babri-Masjid case has taken more than eighteen years to with nearly fifty trans-governmental extensions, more bloodshed and loss of lives in riots and intentional attacks directed towards the disputing factions. The case was opened in 1992 and closed in 2010 having faced a lot of challenges in trying to deliver a fair judgment to the contesting parties the muslim and Hindu believers who both claim to own the Ayodhya religious site (Yadav, 2008). The case manifests an act that done by Hindus as a manifestation of violence that is fought psychologically and is directed towards their oppressors mainly the Muslim community who are alleged to be gradually converting Hindu places of worship into mosques. The Hindu community is believed to be fighting a psychological war that involves a collective or folk memory of the people and the institutional memory of its oppressors. This struggle for liberation by the Hindu community is just a record of resistance that the people have been fighting since the destruction of their temple build for Rama in Ayodhya back in 15th century by the Muslim leaders of the time. Such re-currying riots and resistance have contributed to the formation of present Hindu society. For instance the existence of the various factions of Hinduism like the Buddhism and are as a result of defection by members of the Hindu mainstream due to pressures related to the continued fight to reclaim their grabbed religious s ites like the Babri Masjid. The collective memory in such community formation have been eternalized by intergenerational passage of ancestral events through literature, art, folk traditions and culture and in the current generation such memory is fostered by the wring down of biographies which evokes the continued struggle for liberation by the community. Celebration of birth and death anniversaries of their past leaders is also used by the community to keep the memory alive. The memory unleashed to their leaders inspires the current generation to do something to avenge the atrocity. For example a sportsperson and a crusader against racial injustice once commented that they are haunted by the misdeeds that their ancestor faced in the hands of their oppressors and that are why when they bowl lethally and bet explosively as if they are taking revenge. This means that the daily activities carried out by the current Hindu community is influenced by the past events and which makes current events the future history. Several religions like the Sikhism, Jainism, Buddhism and the influx of Christianity and Islamic faiths as well as their easy acceptability by some Hindu community is a revelation of de-fragmentation of the community into new formations as result of the continued struggle with the caste system in the society. The minority groups have continuously resisted to the discrimination by the majority dogma and this has resulted to defection from the community and the n joining forces with the group that consider their pledges like promotion of equality. The act of splitting of the community leads to adoption of varying beliefs and practices which have greatly contributed formation of a diversified Hindu community. The Babri-Masjid Demolition Case has led to more misunderstandings between the Hindu community as people are divided between supporting their religion by fighting for the building of the temple in Ayodhya and advocating for peace and harmony between the Hindus and the Muslim community. The daily controversy has led to formation of a more divided Hindu community which affects the future history of the community in a similar way the past events and struggles for liberation led to the current history of the past Hindu community.

Romeos Tragic Flaw :: essays research papers

"The essence of being human is that one does not seek perfection," states the British author, George Orwell. Every individual grows to understand that perfection is unachievable, therefore, human beings embody dramatic flaws. Many people tend to be unkempt or have poor manners, while others have behavioral difficulties such as quick temperament, dishonesty, or intentional rudeness. These perplexities can bring about hardships throughout an individual's life. William Shakespeare demonstrates some of these hardships in his puissant drama about The Tragedy of Romeo and Juliet, that portrays a protagonist, Romeo, who acquires the unfortunate flaw of rashness which later develops into the major downfall of his death. Romeo is an extremely impulsive individual. Throughout the drama, Romeo makes decisions without considering the consequences. His mistakes bring about several complications that eventually lead to his untimely death. From the beginning of the novel, Romeo continuously falls in love with different people. The first Act of the play portrays an ardent love for the gorgeous Rosaline who refuses to love him. Romeo's maudlin behavior is a concern to his friends, who decide to take him to the Capulet's masquerade party. Here, Juliet's beauty strikes Romeo and his previous love for Rosaline instantaneously diminishes. After the party, Romeo encounters Juliet and makes the impulsive decision of promising to marry her. Romeo recounts the story of his newfound love and the desire to marry her, to his adviser, Friar Lawrence, and seeks his advice. The Friar explains that, "Young men's love then lies/ not truly in their hearts, but in their eyes" (89). The Friar tries to convince Romeo that his love is not true, for he hastily changes his mind about the love of his life. But Romeo does not change his mind and is wed with Juliet. Romeo is also quite brash in his decision to slay Tybalt. If Romeo considered the consequences of murdering his enemy, he could have prevented his banishment from Verona. Romeo fails to consider that there is no need to slay Tybalt because Tybalt is already headed for assassination due to the fact that he started a fray and murdered Mecrutio. Unfortunately, his impulsiveness overpowers him and Romeo fights Tybalt. If only Romeo had thought rationally, he would not be separated from his dear, sweet Juliet. His banishment causes Romeo to cry out with extreme anguish to the Friar, "Hence 'banished' is 'banished from the world,' / And worlds exile is death.

Agent Orange :: Vietnam War Essays

Agent Orange In 1961, the United States began spraying herbicides in its military campaign to defoliate the jungles of southern Vietnam. Mimicking Smokey Bear, American pilots chuckled "Remember! Only you can prevent forests," as they dropped weed killers over target sites. But as research progressed, the true nature of the chemicals which they were spraying came to light. It is certainly no longer a laughing matter when it is realized that Agent Orange, a major herbicide used, could be as deadly to humans as it is to plants. The military research of herbicides dates back to World War II (1). Ineffectiveness prevented them from being used in the war. By the late 1950’s, however, herbicides developed could defoliate a large variety of plants. Naturally, they were thought to be a great weapon in combating jungle warfare. Applied to the Vietnam War, herbicides were used to defoliate the jungle and to destroy crops. Defoliation stripped the jungle of vegetation. Left barren, it no longer provided camouflage for the Viet Cong, their supply routes and base camps which would be more prone to aerial attacks. Crop destruction denied the communists of local food sources. This forced them to divert more resources to provide and transport foods other regions. But just as important, crop destruction also weakened enemy morale and forced villagers to move to cities where they could be more easily controlled. The program for spraying herbicides over Vietnam was code named Operation Trail Dust. It began in 1961 and peaked from 1967 to 1969 (2). Various methods were employed to systematically spray these chemicals. On ground, they were used by soldiers to clear the perimeters of their base camps. Riverboats were used to spray the riverbanks. Most damage to the jungle was done by air. The Air Force Operation Ranch Hand, as it was called, used C-123 cargo aircrafts and helicopters to drop the majority of the herbicides used. There were many types of herbicides used by the United States in Vietnam. Each was named after the color of the 4-inch band painted around the 55-gallon drums in which it was contained: Agent White, Purple, Blue, Green, Pink and Orange. In all, 19.4 million gallons of herbicides were used, 60% of which were Agent Orange (2). The effects of the sprayings on the jungle were immediately recognizable. Estimates show that six million acres or twenty percent of the entire land area of the Republic of South Viet Nam was covered with chemical poisons (3).

Epic of Beowulf Essay - Heroes †Then and Now :: Epic of Beowulf Essay

Beowulf - Heroes Then and Now Heroes today have changed from those of Beowulf's day. Back in the time of Beowulf heroes were mainly the protectors of the country such as warriors and kings. The roles have changed today were heroes consist of celebrities and sport players. The roles have changed because our society has changed as well. In the time of Beowulf the kings were of the utmost of importance. Without a king the country was sure to fall into ruins. The king's duty was to protect the country. He did this by keeping up with the wars of the surrounding country and finding warriors to protect the country. The king was highly respected and he had a very important job. Without the king there was no hope for the country. Today really is not all that different, instead of a king we have a president. Our president must still keep up with the foreign affairs including wars in order to protect our country. He must also be able to foresee any affect that foreign affairs might have on the country in the long run. It is out president's responsibility to ensure that our military divisions, including the airforce, navy, and army, are prepared and able to defend our nation or our nation's allies. In the epic, Beowulf, heroes were also warriors. These warriors were supposed to protect the country against "monsters" and invasions. The warriors were strong men who could physically make an attack or prevent an attack in order to protect their country. Beowulf was a warrior who was a hero to the country where the Danes lived. Beowulf was able to protect and serve the Danes by killing Grendel. Grendel was an evil monster who had been killing the people that had been sleeping in the hall that he haunted. Beowulf became a hero by not only killing Grendle but also by tearing off his shoulder arm and claw with his bear hands. This is an amazing feat that an ordinary man could not accomplish. To kill a monster with one's bear hands is simply unheard of! Today our heroes do not normally consist of a warrior as much as a sports player. They too, like the warrior, do things that the ordinary man could not do. Accomplishing unordinary feats is how they earn the respect of the nation. Their job is also equally important as the warrior because they allow people to escape their problems and lives for a while they watch the sport.

Trade Mark

TRADE MARK 1. 1. The History Of Trademark Law The marking of goods for various purposes, including identifying them from those of other traders, dates back to ancient times. In the same way, the existence of rules governing the use of such marks goes back to the medieval craft guilds. A â€Å"trademark for commercial goods† necessarily requires commercial goods; in societies based on the barter system, therefore, there was no basis for â€Å"trademarks for goods. † Trademarks not only identify goods, but create a distinction between goods from various sources.Consequently, a competitive relationship exists, and an overly simplistic mark is insufficient to be a trademark. The trade of goods came into practice long ago, and the use of trademarks is thought to have evolved from that. The origin of trademarks can be traced back as far as the beginning of the circulation of goods. The history of marks is nearly as old as the histories of mankind and religion. Scientists have come across excavated artifacts from places such as ancient Egypt with various symbols carved thereon for religious and superstitious reasons. Potters marks† appeared in relics left from the Greek and Roman periods and were used to identify the maker (potter) of a particular vessel). Among those who specialize in researching the cultural heritage of marks, the studies surrounding â€Å"potters marks† are famous. It would be difficult, however, to say that these marks are trademarks in the sense of the modern meaning. Over time, different methods of identification and distinction developed. Loved ones and pets were given names. â€Å"Proprietary marks† (in the form of a name or symbol) were affixed to goods to enable one person to distinguish their own possessions from those of others.Craftsmen applied their names, unique drawings, or simple inscriptions to identify goods they created. Even though these marks surely helped in distinguishing goods, it is difficult to say that these marks were trademarks with distinctiveness in the modern sense of the word. Symbols on goods used in ancient Rome and other countries near the Mediterranean sea had similar characteristics to the trademarks of today. Because this ancient region is considered to be the first to actively circulate goods, it is widely thought that trademarks evolved in response to the emergence of a society in which goods circulate in commerce.However, even in those days, a trademark system based on property rights did not yet exist. Around the 10th century, a mark called a â€Å"merchants mark,† appeared, and symbols among traders and merchants increased significantly. These marks, which can be considered one kind of â€Å"proprietary mark,† essentially were used to prove ownership rights of goods whose owners were missing due to shipwrecks, pirates, and other disasters. Even now, in every part of the world, horses, sheep, and other animals are still branded with a mar k identifying the owner.In Japan, a symbol is affixed to lumber that is tied onto a raft and sent down a river to its mouth. These types of marks are reminiscent of the â€Å"merchant's mark† of the past. In guilds of the middle ages, craftsmen and merchants affixed marks to goods in order to distinguish their work from the makers of low quality goods and to maintain trust in the guilds. These marks, known as â€Å"production marks,† served to punish the manufacturers of low quality goods for not meeting the guild's standards and to maintain monopolies by the guild's members.These production marks helped consumers to identify and assign responsibility for inferior products, such as, goods short in weight, goods comprised of poor quality materials, and goods made with inferior craftsmanship. Because these marks were affixed out of compulsion or obligation, rather than one's own self-interest, they also became known as â€Å"police marks† (polizeizeichen) or †Å"responsibility marks† (pflichtzeichen). They acted not only to distinguish between sources of goods, but to serve as an indicator of quality as well.While modern marks work to ensure the quality and superiority of certain goods, the obligatory marks served to uncover defective goods. â€Å"Responsibility marks† were more burdensome than real property, and could not be changed easily once the mark had been adopted. Furthermore, it is thought that this type of mark did no more than simply guarantee minimum quality. Finally, these symbols were different from modern marks in that they emerged to benefit the guilds, and were not for the benefit of the production mark owner.From the Middle Ages, through â€Å"police marks† and â€Å"responsibility marks,† modern trademarks slowly developed as the Industrial Revolution sparked the advent of what is now modern-day capitalism. Gradually, the guild systems disintegrated, and free business was established. Marks be gan to actively identify the source of goods rather than obligatory guild membership. About this time, special criminal laws protecting trademarks were also developed out of early forgery, counterfeiting, and fraud laws.Civil protection was gradually and systematically established against those who would use another's mark with out permission (â€Å"infringers†). In France, the â€Å"Factory, Manufacture and Workplace Act† of April 20, 1803, (Article 16) is internationally noted for establishing a system which made it a crime to pass off another's seal as one's own. Further, the Criminal Acts of 1810 (Article 142) and 1824 (Article 433) made it a punishable crime to abuse the name of others or wrongly use the names of production areas.Under the English common law system, fraud and the improper use of marks known as â€Å"passing off† an action for which remedies were contemplated that continue today. A trademark equity law was added eventually to supplement comm on law protection, but England did not establish a comprehensive system for trademark protection until 1905, nearly 50 years after the establishment behind France. Prior to the 1905 Act, â€Å"The Merchandise Marks Act,† which focused on provisions dealing with deceptive indications, was passed on August 7, 1862. The â€Å"Trade Mark Registration Act† was also passed in 1875.The 1905 Act was amended in 1919 and 1937, until a new Act was passed in 1938. This Act fundamentally changed the system in many ways, permitting registration based on intent-to-use, creating an examination-based process, and creating an application publication system. It equipped the English system with advances that surpassed the trademark law of France at that time. Consequently, U. S. and Japanese trademark laws were greatly influenced by the 1938 Act. American trademark law was initially influenced strongly by English trademark law. In the U. S. various avenues are available for seeking a reme dy. The state courts will adjudicate based on state registration or common law right; the federal courts will adjudicate based on federal registration. The trademarks in the U. S. that are owned by Japanese companies are primarily federally registered trademarks. On July 8, 1870, the Federal Trade Mark Act was enacted as the first U. S. federal law to protect trademarks. In 1879, however, the U. S. Supreme Court held the law was unconstitutional due to a conflict with the provision on patents in the U. S. Constitution. It was therefore abolished.In its place, a trademark law was enacted on March 3, 1881 that targeted trademarks used in interstate commerce (and in the commerce with Indian tribes) based on the interstate commerce clause in the U. S. Constitution (art. 1, sec. 8, cl. 3). This law, however, was unable to accommodate the development of the American economy and underwent a major amendment in 1905. It underwent further partial revisions occasionally during subsequent years . Upon the enactment of the Lanham Act on July 5, 1946, American trademark law came to rank equally with English or German trademark laws.The Act was named after a congressman who had devoted himself to its creation in. The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940. Thereafter in order to comply with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to provide for registration, better protection of trademarks, and the prevention of infringement. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001.Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. 2. 1. What is a trademark? A trademark is a sign that is used to identify certain goods and services as those produced or provided by a specific person or enterprise. Hence, it helps to distinguish those good s and services from similar ones provided by another. For example, â€Å"DELL† is a trademark that identifies goods (computers and computer related objects). â€Å"CITY BANK† is a trademark that relates to services (banking and financial services).A trademark is any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A sign can include a letter, word, name including personal name, signature, figurative element, numeral, device, brand, heading, label, ticket, aspect of packing, shape, color, sound or any combination of these features. Figure: famous trademark logos 2. 2. Kind of signs can be used as trademarks * Trademarks may consist of a word (e. g. Kodak) or a combination of words (Coca-Cola), letters and abbreviations (e. . EMI, MGM, AOL, BMW, IBM), numerals (e. g. 7/11) and names (e. g. Ford, or Dior) or abbreviations of names (e. g. YSL, for Yves St-Laurent). * They may consist of drawings (like the logo of the Shell oil company, or the Penguin drawing for Penguin books), or three-dimensional signs such as the shape and packaging of goods (e. g. the shape of the Coca-Cola bottle or the packaging for the Toblerone chocolate). * They may also consist of a combination of colors or single colors (e. g. the orange color used for ORANGE telephone company).Even non visible signs, such as music and fragrances, may constitute trademarks. 2. 2. 1. The Trademark Must Be Distinctive it must be capable of distinguishing the goods or services with which it is used. A name which is purely descriptive of the nature of the goods and services that are offered may not constitute a valid trademark. For example, Apple may serve as a trademark for computers but not for actual apples. However, a given trademark may not be distinctive from the outset, but may have acquired distinctive character or â€Å"secondary meaning† through long and extensive use.Figure . Proposed matrix of trademark types inspired by Weckerle (1968) original taxonomy. 2. 3. Types Of Trademark Exist In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. 1. Collective marks are marks used to distinguish goods or services produced or provided by members of an association. Collective marks are marks used to identify the services provided by members of an organization (e. g. UAW for United Auto Workers). 2.Certification marks are marks used to distinguish goods or services that comply with a set of standards and have been certified as such (e. g. The Woolmark symbol to show that products are made from 100% wool and comply with performance specifications set down by the Wool mark Company. It is registered in 140 countries and is licensed to manufacturers who are able to meet these quality standards in 67 countries). Figure . Examples of trademarks designed or altered for specific population segments. 3. 4. What function does a trademark perform?Trademarks may perform different functions. In particular they * help consumers identify and distinguish products or services; * enable companies to differentiate between their products; * are a marketing tool and the basis for building a brand image and reputation; * may be licensed and provide a direct source of revenue through royalties; * are a crucial component of business assets; * encourage companies to invest in maintaining or improving quality products; and * may be useful for obtaining finance. . 5. How is a trademark protected? The most common and efficient way of protecting a trademark is to have it registered. 3. 6. 1. Requirements for Trademark Protection 3. 6. 2. 1. Inherent Distinctiveness This requirement is fundamental to the nature of trademark. Anything claiming protection under trademark principles must be capable of identifying the particular goods and services with which it is used, and distinguishing those goods and services from the goods and services of others in the marketplace.Categories (Distinctiveness Spectrum) of marks of generally increasing distinctiveness are (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary and fanciful marks. 3. 6. 2. 2. Acquired secondary meaning Provides for trademark protection of marks that are not inherently distinctive, descriptive marks usually rely upon special proof of distinctiveness before protection be afforded by common law and statute.Descriptive marks must be shown to have acquired customer recognition (secondary meaning), which serves primarily to identify the source of the products or services, and not merely to describe their nature, quality, characteristics, ingredients, or geographic origins. Generic marks constitute the very product and, therefore, cannot be registered or appropriated exclusively to one manufacturer’s use, even upon a showing of secondary meaning, because competition would be unjustifiably impaired. 3. 6. 2 . 3.Non functionality Trademark protection is granted to symbols or features that are not functional, protection of functional features would deprive producers of the right to use those features necessary to make a product work. Doctrine of functionality: if a feature is required to perform a particular utilitarian function, and if there are insufficient commercially viable alternatives to perform the same function equally well, no single producer will be allowed to claim exclusive rights in the feature. 3. 6.Trademarks are territorial rights This means that they must be registered separately in each country in which protection is desired. Note that, unless a given trademark is protected in a specific country, it can be freely used by third parties. Moreover, trademark protection is in general always limited to specific goods and services (unless the trademark in question is a well-known or famous trademark). This means that the same trademark can be used by different companies as l ong as it is used for dissimilar goods or services. . 7. Registration of Trademarks, at the appropriate trademark office Registration is not, however, the only way of protecting a trademark: unregistered trade marks are also protected in some countries, but in a less reliable form. Figure:The logo for the Wikipedia website, which is a registered trademark of Wikimedia Foundation, Inc. 3. 8. Kind of protection provided by a trademark A trademark owner is given the exclusive rights: ) to use the trademark to identify his goods or services; 2) to prevent others from using and marketing the same or a similar trademark for the same or similar goods or services; 3) to authorize others to use the trademark, (e. g. by franchising or licensing agreements) and in return for payment. 3. 9. How is a trademark registered? First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproductio n of the sign filed for registration, including any colors, forms, or three-dimensional features.The application must also contain a list of goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or another type of mark: * it must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products; * it must not be deceptive, that is, it should not be likely to mislead the consumers as to the nature or quality of the product; * it should not be contrary to public order or morality; it should not be identical or confusingly similar to an existing trademark. This may be determined through search and examination by the national office, or by the opposition of third parties who claim similar or identical rights. 3. 10. How long is a registered trademark protected for? The period of protection varies (it is usually 10 years), but a t rademark can be renewed indefinitely on payment of the corresponding fees. 3. 11. How extensive is trademark protection? Almost all countries in the world register and protect trademarks.Each national or regional office maintains a Register of Trademarks which contains full application information on all registrations and renewals, thereby facilitating examination, search, and potential opposition by third parties. The effects of such a registration are, however, limited to the country (or, in the case of a regional registration, countries) concerned. In order to avoid the need to register separately with each national or regional office, WIPO administers a system of international registration of marks. This system is governed by two treaties, the Madrid Agreement Concerning the International 3. 2. Registration of Marks, and the Madrid Protocol A person who has a link (through nationality, domicile, or establishment) with a country party to one or both of these treaties may, on the basis of a registration or application with the trademark office of that country, obtain an international registration having effect in some, or all of the Countries of the Madrid Union: 2. 12. 1. What are well-known marks and how are they protected? Well- known marks are marks that are considered to be well-known by the relevant sector of the public in the country in which protection is sought.Well-known marks benefit from stronger protection than marks in general. * they may be protected even if they are not registered in a given territory,and * they may be protected against confusingly similar marks that are used on dissimilar goods or services, whereas marks are generally protected against confusingly similar marks if used for identical or similar products. For example, let us consider a trademark such as Mercedes Benz. Normally the company that owns the trademark would be protected against unauthorized use of the mark by third parties with respect to the products for which the mark has been registered.To the extent that Mercedes Benz is a well-known trademark, protection would also be available for unrelated goods. So that if another company decides to use the trademark in relation to other goods such as, say, men’s underwear, it may be prevented from doing so. 3. 13. Sale , Transfer and licensing In various jurisdictions a trademark may be sold with or without the underlying goodwill which subsists in the business associated with the mark. However, this is not the case in the United States, where the courts have held that this would â€Å"be a fraud upon the public†. In the U. S. trademark registration can therefore only be sold and assigned if accompanied by the sale of an underlying asset. Examples of assets whose sale would ordinarily support the assignment of a mark include the sale of the machinery used to produce the goods that bear the mark, or the sale of the corporation (or subsidiary) that produces the trademarked goods. Most juri sdictions provide for the use of trademarks to be licensed to third parties. The licensor (usually the trademark owner) must monitor the quality of the goods being produced by the licensee to avoid the risk of trademark being deemed abandoned by the courts.A trademark license should therefore include appropriate provisions dealing with quality control, whereby the licensee provides warranties as to quality and the licensor has rights to inspection and monitoring. 3. 14. Domain name and it relation to trademarks Domain names are Internet addresses, and are commonly used to find websites. For example, the domain name â€Å"wipo. int† is used to locate the WIPO website at www. wipo. int. Domain names may be made up, sometimes, of a trademark.In such case, it may happen that the person who has registered the domain name has done it in bad faith, as he is not the owner of the trademark under which the domain name has been registered. This activity is referred to as Cyber squatting . It is important to know that many national laws, or courts, treat as trademark infringement the registration of the trademark of another company or person as a domain name. If this happens, the person who has chosen the trademark of another as a domain name may not only have to transfer or cancel the domain name, but may also have to pay damages or a heavy fine.It may be interesting for you to know that if the trademark of your company is being used as a domain name by another individual or company, you may take action to stop such misuse of the rights of your company. In such a case, an option would be to use WIPO’s online procedure for domain name dispute resolution at: arbiter. wipo. int/domains. This WIPO website includes a model complaint as well as legal index to the thousands of WIPO domain name cases that have already been decided. 3. 15. Why protect trademarks?The basic rationale for protecting trademarks, whether through registration or not, is two fold. * First, it provides business people with a remedy against unfair practices of competitors, which aim at causing confusion in the consumers’ minds by leading them to believe that they are acquiring the goods or services of the legitimate owner of the trademark, whereas in fact they are acquiring an imitated product, which furthermore may be of lesser quality. The legitimate owner may hence suffer from loss of potential customers, as well as harm to his own reputation. The second rationale flows from the first, namely to protect consumers from those unfair and misleading business practices. In addition to those two arguments, a further one is gaining more and more prominence. This is that a trademark is often the only tangible asset that represents the investments made in the building of a brand. Where, for example, a business is sold, or companies merge, the question of brand evaluation becomes an important issue. The value of companies may depend to a large extent on the value of the ir trademarks 3. 16. When has a trade mark been infringed?Figure: Trademark Infringement A registered trade mark is infringed by the unauthorized use of that mark, or a mark that is substantially identical or deceptively similar to it, A registered trademark is said to be infringed in the following circumstances: A registered trademark is said to be infringed in the following circumstances: * If a third party uses a trademark in the course of the trade which is identical with the registered trademark and in relation to goods or services which are identical with those for which it is registered.For example, in Wrangler Apparel Corporation v. Axfor Garments, Wrangler had filed a suit requesting that Axfor Garments be restrained from using the trademark â€Å"Wrangler† and the â€Å"W† stitch logo on its clothing including jeans, jackets, shirts and belts. Wrangler had registered its trademarks in Pakistan. The Court passed an order of injunction against the Defendant and restrained them from using Wrangler? s trademarks on any of its products. If a third party uses, in the course of trade, a mark which is identical with the registered trademark and is used in relation to goods or services similar to the goods or services for which the trademark is registered or the mark is deceptively similar to the registered trademark and is used in relation to goods or services identical with or similar to the goods or services for which the trademark is registered or if there exists a likelihood of confusion on the part of public, which includes the likelihood of association with the trademark; * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same description as that of goods or services in respect of which the trademark is registered, services that are closely related to goods in respect of which trademark is registered or goods that are closely related to services in respect of which the trademark is registered; * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same description as that of goods or ervices in respect of which the trademark is registered, services that are closely related to goods in respect of which trademark is registered or goods that are closely related to services in respect of which the trademark is registered; If the third party uses the registered trademark as his domain name or part of his domain name or obtains such domain name without consent of the proprietor of the registered trademark and with the intention of selling such domain name to another person including the proprietor of the registered trademark; 3. 1. International Trend Of Trademark Law It is important to note that although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisd iction on a regional or global basis (e. g. he Madrid and CTM systems), it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as â€Å"territoriality† 3. 1. 1. Paris Convention (relating to the protection of industrial property) The Paris Convention for the Protection of Industrial Property (â€Å"Paris Convention† or just â€Å"Convention†) is one of the first, and arguably most important, of the various multilateral treaties protecting intellectual property. The treaty will not be discussed exhaustively here; commentaries on the treaty should be consulted to obtain additional information.The following, however, is a list of the major relevant articles of the treaty: * member states protect the trademark rights and other industrial property rights of other memb er states (art. 2); * each member state must maintain the fundamental principle that citizens of other member states receive the same protection as its own citizens (art. 2); and * member states must recognize the assertion of priority rights (art. 4). The articles that are particularly relevant to the trademark law include: * remedies for cases in which registered trademarks are not used, including sanctions (art. 5); * independent status of the trademark law (art. 6); * of well-known trademarks (art. 6, sec. 2); adjustment regulations on the transfer of trademark rights (art. 6, sec. 4); * regulations on trademarks registered in a foreign country (art. 6, sec. 5, the so called â€Å"telle quelle† trademark system) * protection of service marks (art. 6, sec, 6); * regulations controlling applications for trademark registration made by an agent, among others, without permission of the applicant (art. 6, sec. 7); * removal of trademark registration limitations based on the dis position of the goods (art. 7); * of collective trademarks (art. 7, sec. 2); * control of the importation of counterfeit goods (art. 9); * control of fraudulent indications of country origin (art. 0); * prohibition of acts of unfair competition (art. 10, sec. 2); * legal measures to prevent counterfeit goods and others (art. 10, sec. 3); and * temporary protection of goods exhibited in international expos (art. 11)11. There are 151 member states as of January 15, 1999 (WIPO, Industrial Property and Copyright, January 1999), demonstrating that most major countries in the world have joined the treaty. 3. 1. 2. Madrid system for the international registration of marks Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989).It is administered by the International Bureau of WIPO located in Geneva, Switzerland. The Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office.The Madrid system also simplifies greatly the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step 3. 1. 3. WTO Agreement on Trade-Related Aspects of Intellectual Property Rights The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) is the Uruguay Round agreement covering the protection and enforcement of intellectual property rights. Intellectual property r ights were a key area of concern for the United States during the Uruguay Round negotiations. From the perspective of the United States, the TRIPs Agreement was a major achievement of the Uruguay Round.The TRIPs Agreement incorporates by reference most of the substantive provisions of two earlier multilateral IPR conventions: the Paris Convention for the Protection of Industrial Property (1967)(covering patents, trademarks, trade names, utility models, industrial designs and unfair competition) and the Berne Convention for the Protection of Literary and Artistic Works (1971) (covering copyrights). 3. 1. 3. 1. TRIPs Agreement and Trademarks TRIPs Agreement incorporates the substantive obligations of Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property (1967). The TRIPs Agreement mandates protection for both trademarks and service marks. * Trademarks and service marks must have a minimum term of seven years and must be renewable indefi nitely. Article 18) * Restrictions on cancellation of trademark registrations for non-use: â€Å"If use is required to maintain a registration, the registration may be cancelled only after an uninterrupted period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner. Circumstances arising independently of the will of the owner of the trademark which constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services protected by the trademark, shall be recognized as valid reasons for non-use. † (Article 19. ) * The TRIPs Agreement states that the owner of a registered trademark has the â€Å"exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the tradem ark is registered where such use would result in a likelihood of confusion. † (Article 16. 1) * Parallel importation (unauthorized importation of genuine trademarked products): * Except with respect to the National Treatment and Most Favored Nations obligations in Articles 3 and 4, parallel importation (â€Å"exhaustion of intellectual roperty rights†) is not subject to dispute resolution under the TRIPs Agreement (TRIPs Article 6). * Enhanced Protection for â€Å"well-known† marks: â€Å"In determining whether a trademark is well-known, Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark. † (Article 16. 2) * Under the Paris Convention (which is generally incorporated by reference into the TRIPs Agreement), well-known marks are entitled to protection in all Paris Convention/TRIPs Members, regardles s of whether the mark is registered. For an interesting discussion of the general issue of when an unregistered well-known mark must be protected see the decision by the Supreme Court of Sout Africa, Appellate Division, in McDonald’s Corporation v. Joburgers Drive-Inn Restaurant (PTY) Limited, Case No. 547/95, August 27, 1996. ) 3. 1. 4. Trademark Law Treaty The Trademark Law Treaty establishes a system pursuant to which member jurisdictions agree to standardize procedural aspects of the trademark registration process. It is not necessarily respective of rules within individual countries. 4. 1. Trademark Law In Pakistan The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940.Thereafter in order to comply with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to provide for registration, better protection of trademarks, and the prevention of infringement. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001. Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. The trademark law in Pakistan requires no evidence of prior use of the mark in commerce for filing. A trademark application can be filed on a „proposed to be used? or „intent-to-use? basis or based on use of the mark in commerce.The Trade Marks Registry, which is under the administrative control of Intellectual Property Organization of Pakistan, is the office that is in charge of registering trademarks in Pakistan. A trademark registration in Pakistan gives exclusive proprietary rights to the rights holder for protection of their trademark in Pakistan. However because the Pakistani legal system is a common law system, even an unregistered trademark is entitled to protection and the rights holder of the unregistered trademark can initiate action against a third party u nder the „law of passing off. 4. 1. 1. Internationalisation Of Trade Marks In Pakistan Pakistani trademark law protects both domestic and foreign trademarks. Over the past several years, many foreign entities have been able to protect their trademarks in Pakistan.The first milestone observation recognizing internationalisation of trade mark came in 1979 from the Honourable Sindh High Court in a case where the court, while protecting an international trademark, observed, â€Å"The conduct of the respondent in appropriating trade marks of foreign owners is not proper†¦Ã¢â‚¬ ¦ It is common knowledge that trade in French perfumery is of international character. With the revival of International Trade and international publicity, the rights of owners of foreign Trade Marks ought to receive some safeguard unless it is clear from the evidence that the foreign owners have abandoned their intention of marketing their products under the mark in this country. The above trend was fo rtified when Honorable Supreme Court of Pakistan in the case of Alpha Sewing Machine approved the following observation of Honourable Lahore High Court, â€Å"With the proliferation of means of communication media the names and products of world renowned big companies are catching the eyes and ears of the public at large in all civilized countries of the world and Pakistan is no exception. Extensive traveling abroad in the recent past has made it possible for the people of Pakistan to have knowledge of the internationally renowned companies and their products†. It was held in Morphy Richards case â€Å"an enactment on Trade Marks is essentially an international statute, catering to national and international sensibilities†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. We are living in an information age where the Earth has veritably become a global village†.In a case the High Court of Karachi granted an interim injunction restraining the Defendant from using the internationally well-known mark MARS on soft drinks. This injunction was granted despite the fact that Pakistan Mineral Water Bottling Plant (Pvt. ) Ltd. had registered the trademark MARS with the Trade Marks Registry. While the Courts in Pakistan had given due regard and recognition to internationalization of trade, they were quick to prevent the abuses by unscrupulous persons attempting to take advantage of globalization and the absence of specific statutory provisions at the relevant time. This was the result of judicial interpretation of relevant provisions relating to Intellectual Property laws and the general concept of civil law.Thus in 1988, the Honourable High Court of Sindh in the Sulemanji case, rejected an argument that an infringing product manufactured in Pakistan but to be sold in a foreign country would not violate the local law and no injunction could be issued. The Court, while rejecting this argument held at â€Å"†¦the product of the plaintiffs as well as of the defendants is exported to Middle East and Arabian Gulf countries. The deception would be caused upon the ultimate purchasers in the market and retail shops in the foreign countries. Admittedly the wrappers of the defendants are printed in Pakistan and, after the goods of the defendants are packed in such wrappers, such goods are exported for sale in foreign countries†¦Ã¢â‚¬ ¦ The action for injunction restraining the defendants from using the said mark is, therefore apparently maintainable in this Court. Similar was the Select Sports case, where Honourable Lahore High Court held, â€Å"The goods of the appellant company are sold in the International Market and if due to any reason goods of substandard quality are supplied to the International Market by any other user of the similar design, it would ultimately adversely affect the goodwill and the business of the appellant company. On the other hand, in the case of imports into Pakistan of infringing products, a Division Bench of the Honourable High Co urt of Sindh in the case Glaxo Vs. Evron, held, â€Å"If a person, in making a product overseas uses processes which would be infringing processes here, those processes being a principal part of the manufacture and then imports the article into this country, he is guilty of an infringement. The reason is because, by using those processes overseas and bringing the product here to sell, he deprives the Pakistani Patentee of the benefit of the invention. Globalization thrives on honesty of business practices. Judgments delivered by the Pakistani courts on intellectual property rights, particularly relating to adoption of marks, marketing of novel (inventive) products or copyrighted subject matter show that considerations for honesty of intention have been pivotal to such judgments. Thus in the case the Honourable Supreme Court of Pakistan held: â€Å"†¦. although the appellant has not been selling its products in Pakistan because of import restrictions, this does not entitle the respondent to copy the appellant’s trade mark, because by doing so it is deceiving the public into thinking that its products are products of the appellant. In the same case, the Honourable Supreme Court approved the following findings by the High Court: â€Å"Clearly, if the adoption of a trade mark by an appellant is proved to be dishonest, no amount of user of the trade mark by him can justify registration †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ † The above judgments by Pakistani Courts came at times when International community was debating consensus on the issues affecting global intellectual property rights, which culminated in the TRIPs Agreement only in 1994. This is reflective of the consistent pragmatic and futuristic approach of the Pakistani Courts in matters relating to intellectual property rights. Licensing Of Trade MarksOne of the oldest ways of globalizing Intellectual Property Rights is through licensing of Intellectual Property. This is also the most commonly used wa y of commercializing Intellectual Property on the global scene. Unless the countries an effective platform enabling the licensing contracts to be entered into and worked out, as well as ensure that the termination of such contracts can be done without difficulty, no productive growth of global commercialization of products incorporating one or more forms of Intellectual Property Rights is possible. As far as licensing of Intellectual Property Rights is concerned, Pakistani courts have so far adopted a rational, pro-active and confidence building approach in adjudicating the rights.Thus in the cases of Bolan Beverages the Honourable Supreme Court, upheld the rights of the owners of trademarks to terminate license agreements. , while in the cases of Concentrate Mfg. Co. , vs. Seven-up Bottling and Roomi Enterprises vs. Stafford Miller, the Honourable High Courts also upheld the rights of the owners of trademarks to terminate license agreements. 4. 2. Market Entry Planning Though Pakis tan has passed laws protecting the intellectual property rights (IPR) of rights holders, its enforcement and implementation of these laws remains a matter of grave concern for rights holders. It is therefore imperative that businesses develop a comprehensive strategy for protecting their IPR and take steps to safeguard their rights before they enter the Pakistani market.Registration of trademarks is an important step that businesses should pursue in Pakistan. Many foreign and domestic rights holders have been able to successfully register their marks in Pakistan. 4. 3. 1. Who can apply and what can be registered Under the Trade Marks Ordinance, 2001, a person who is the proprietor of the trademark can apply for the registration of their marks for goods as well as services. Any word, signature, name, logo, label, numerals or combination of colors used by one enterprise on goods or services can be registered as a trademark in Pakistan. Under the Pakistani trademark law the following a re the types of trademarks that can be registered: * Product mark: a mark that is affixed to identify goods. Mark: a mark used to identify the services of an entity, such as the trademark for a broadcasting service, retail outlet, etc. They are used in advertising the services. * Certification mark: a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, mode of manufacture of goods or performance of services, quality, accuracy, or other characteristics. * Collective mark: a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings. * Geographical indications can also be protected in Pakistan as certification or collective trademarks. 4. 3. 2. What cannot be registered?The following are the types of marks that cannot be registered in Pakistan: * Which are not capable of being represented graphically and are unab le to distinguish goods or services of one undertaking from those of other undertakings; * Which are devoid of any distinctive character; * Which consist exclusively of marks or indications which designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services; * Which consist exclusively of marks or indications which have become customary in the language or in the established practices of the trade; * Which consist exclusively of the shape which results from the nature of the goods themselves, the shape of oods which is necessary to obtain a technical result or the shape which gives substantial value to the goods; * Which consists of, or contains, any scandalous design, or any matter the use of which would be disentitled to protection in the High Courts or District Courts by reasons of it being likely to deceive or to cause confusion, is likely to hurt the religious sensibilities of any class of citizens of Pakistan, or is contrary to any prevailing law or morality; * The application for registration of which has been made in bad faith; * A word that is a commonly used and accepted name of any single chemical element or any single chemical compound in respect of a chemical substance or preparation or which is declared by the World Health Organization and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name; * The national flag or any other State Emblem of a country which is a signatory to the Paris Convention (hereinafter known as „Convention country? shall not be registered without the authorization of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorization; * Which consists of, or contains, official mark or hallmark adopt ed by a Convention country shall not be registered in relation to goods or services of the same or a similar kind as those in relation to which it indicates control and warranty; * Which consists of or contains such emblem, abbreviations or name of an international organization that is protected under the Paris Convention. 4. 3. 3. Registration Procedure In case of an identical trademark being filed by two different applicants where the date of use in commerce is identical or if applications for the registration of both marks have been filed on an „intent-to-use? asis, the Applicant who files the trademark application first with the Pakistan Trade Marks Registry will have priority. It is therefore important to apply for registration of your mark as soon as possible. The registration of a trademark in Pakistan typically takes about two to three years, assuming that the trademark is not opposed by a third party. The Trade Marks Registry is the appropriate office for filing a tra demark application in Pakistan. Trademark applications can be filed either at the Karachi office or at the branch office of the Trade Marks Registry in Lahore. The different steps that are involved in the registration process in Pakistan are as follows: * Select a trademark agent/attorney in Pakistan, The trademark law in Pakistan allows the proprietor to file a trademark application only if they have a place of business in Pakistan. Should that not be the case, the rights holder will be required to file an application through a trademark agent/attorney. The trademark agent/attorney can do trademark searches and prepare, file, and prosecute applications, * To determine if the mark is eligible and available for registration, * The trademark agent will determine if the trademark is eligible for registration and also conduct clearance searches to determine if there is any deceptively similar mark that already exists on the Register of Trade Marks.It is advisable to conduct a common law search to ascertain if there are any third parties that might already be using the trademark, * Completing the application form and filing, The trademark agent can complete and sign the application form, provided that the rights holder has issued a signed power of attorney appointing them as the trademark agent. The details which must be mentioned in the trademark application are the full name and address of the Applicant, a statement of goods or services in relation to which it is sought to register the trademark, the international classification of goods or services, a representation of the trademark and the full name, address and contact details of the agent, in case the application. The application should also mention if the trademark is being used by the Applicant, or with his consent, in relation to goods or services, or if he has a good faith intention that it will be used. After the application has been filed, the Trade Marks Registry reviews it to ensure that it is complet e in all respects and thereafter allots an application number to the applications. If the trademark is registered, the application number becomes the registration number. * During the process of examination, the Trade Marks Registry determines if the trademark is barred from registration either under absolute grounds for refusal and/or relative grounds (prior trademark rights) as prescribed in the Trade Marks Ordinance, 2001. The Trade Marks Registry will issue an examination report and the Applicant must respond to any objections that have been raised in the examination report within the prescribed period.Thereafter and based on the response to the examination report that has been filed by the Applicant, the Registrar of Trade Marks determines if the application should be refused, accepted for advertisement, accepted subject to certain limitations or put up for a â€Å"show cause† hearing, during which the application might be accepted, rejected, or accepted subject to certa in limitations. Advertised before acceptance under section 28 (1) Ordinance 2001. | Registration of this trade mark shall give no right to the exclusive use of word made in Pakistan. | 273130 – 25 Footwear including shoes, boots, slippers ; sandals. Kashif Mahmood Tarar, Trading as, KIRAN TRADING CORPORATION Proprietor Pakistani, 4 Tape Road, Opp. University of Vaternary Sciences, Lahore,PK 06/10/2009.Shahs Registration Law Chamber 15- Edward (Mauj Darya) Road, Saleemi Chambers, Lahore-54000. | 4. 3. 4. Issuance Of Registration Certificte Within two months of the publication of the trademark in the Trade Marks Journal, should the trademark not be opposed by a third party, it will be accepted. Thereafter a Demand Notice is issued to the Applicant requesting him to pay the requisite registration fee. After the Applicant has paid the relevant registration fee, the registration certificate is issued. Below is the chart depicting the complete procedure for registration as is follo wed by the Trade Marks Registry in Pakistan. 4. 3. 5. Term of Trademark RegistrationTrademark protection in Pakistan is perpetual, subject to renewal of the registration every 10 years. The application for the renewal of a trademark can be filed 6 months before the expiration of the term of registration. 5. 1. Infringement ; Enforcement Remedies The Trade Marks Ordinance, 2001 provides for both civil and criminal remedies 5. 1. 1. Civil Litigation: A suit can be initiated either under the â€Å"law of passing off† or infringement under the Trade Marks Ordinance, 2001 depending on whether the trademark is unregistered, pending registration, or registered. The suit can be filed either at the High Court or at the District Court.The complaint filed by the rights holder should demonstrate that the alleged infringing act involves a mark that is identical or similar to a trademark of the rights holder. It should also specify that the representation of the trademark that is being use d in connection with goods or services might confuse the public regarding the origin of the infringing goods/services and that the this act of the infringer has interfered with the trademark holder's rights of exclusive use or has caused the rights holder economic loss. The rights holder can request the Court to grant an order of injunction, damages and delivery of infringing goods, materials or articles.Moreover, where a person is found to have infringed a registered trademark, the Court may make an order to cause the offending trademark to be erased, removed or obliterated from any infringing goods, materials or articles in his possession, custody or control or to secure the destruction of the infringing goods, materials or articles if it is not reasonably practicable for the offending mark to be erased, removed or obliterated. The Sindh High Court in a case confirmed an order of interim injunction against the Defendants and restrained them from using the trademark SHAN as it was a colorable imitation of the Plaintiff? s trademark AALI SHAN and stated that â€Å"the registration of trademark is not meant for the benefit of the trader only but also protects the public-at-large and its main object is to secure free enjoyment of the right of manufacturing and marketing of one? products and also to save general public from being deceived by the acts of unscrupulous manufacturers and sellers of goods bearing the fake trademark of others. For maintaining the purity of the trademark and for safeguarding the interest of the public, it is the duty of the Court to put restraint on use of another? s trademark by a person like the defendant; who is not entitled to use it. 5. 1. 2. Criminal Litigation The trademark law in Pakistan provides for criminal remedies in case of violation of a rights holder? s trademark. A criminal action can be initiated by filing a written complaint in the police station within whose jurisdiction infringement has taken place.After the procee dings have been initiated, the court may pass search and seizure warrants under which the premises of the infringer can be raided and the infringing goods seized. Should an infringer be found guilty of violating the rights holder? s trademark, he may be liable for imprisonment or fine or both. An infringer can be imprisoned for a maximum of three years with a maximum fine of PKR 50,000 (approximately $630 USD) under the Trade Marks Ordinance, 2001. In addition, the court has the authority to order the seizure, forfeiture, and destruction of infringing goods. Though provisions for criminal sentences exist in the Pakistani trademark law, such sentences are rare. 6. 1.International Trademark Treaties to which Pakistan is a Signatory * The World Trade Organization (WTO)Agreement, since 1995 * Paris Convention for the Protection of Industrial Property * Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) 7. 1. Conclusion The subject of a trademark right may be desc ribed as an intellectual product or intangible property. However, its purpose is not for cultural advancement, as is a copyright. It is a kind of â€Å"industrial property† and its contribution is for â€Å"industrial purposes† (protection of users). The protection of industrial property focuses on patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition. (Paris Convention, Article 1, Paragraph 2). A trademark right is one of the â€Å"industrial properties. The term, â€Å"industrial properties†, is usually used narrowly and indicates the rights covered by the four main laws; namely, the Patent Law, the Utility Model Law, the Design Law and the Trademark Law. A broad definition of â€Å"industrial properties includes various rights covered by the trade name provisions in the Commercial Code and the Unfair Competition Prevention Law. Trade Mark s are important aspects of legal practice under the of Intellectual Property Law. It is important for legal practitioners to acquaint themselves with this aspect since it is clear that for a very long time to come, trademarks will continue to play an important role in our society.New companies and business enterprises shall be formed and new products and services will be brought into the market by such new companies or by the existing companies; the legal has to position him self or herself to tap into this growing area. As it is now, there are still many business enterprises especially the local ones who have yet to grasp the importance of protecting their trademarks and service marks. Most institutions including universities, colleges4, hospitals, schools and many others have their own identity, badges or motto. This needs to be protected so that in the event of infringement, one may have recourse by bringing a claim on infringement against anyone who makes profits from where he h as not sown.Pakistan is a member of the World Trade Organization (WTO) and a signatory to the TRIPs Agreement. The regime of intellectual property laws in Pakistan is well established and goes back to the early twentieth century. The legal system in the country provides for adequate protection to the trade mark and design owners and those owners who pursue the legal remedies aggressively and pro-actively are able to control the menace of counterfeiting by due process of law. www. worldtrademarklawreport. com ABBREVIATIONS FTA Free Trade Area HIV/AIDS Human Immune Virus ILO International Labour Organisation IMF International Monetary Fund IPRs Intellectual Property Rights LDC Least Developed CountryOECD Organisation for Economic Co-operation and Development SADC Southern African Development Community SAP Structural Adjustment Programmes TRIPs Trade Related Intellectual Property Rights UNCTAD United Nations Conference for Trade and Development WB World Bank WTO World Trade Organisatio n ——————————————– [ 2 ]. Hereinafter, â€Å"trademark for goods† will be referred to as â€Å"trademarks,† and â€Å"trademark of services† will be referred to as â€Å"service marks† [ 3 ]. Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York: Columbia, 1925). [ 4 ]. Merchants marks were simple and formed merely linear designs, for example [ 5 ].Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York: Columbia, 1925). [ 6 ]. The U. S. federal government has the power to regulate the military, foreign affairs, and postal services, among others. However, art. 1, section 8, clause 8 of the U. S. Constitution states only that patents and copyrights fall under the federal power, and does not mention trademarks. Thus, the Supreme Court argued that the federal government did not have the power to regul ate trademarks. [ 7 ]. http://www. ipo. org(accessed on 24/11/2012) [ 8 ]. http://www. wipo. int/about-wipo(accessed on 24/11/2012) [ 9 ]. Trade Marks Ordinance, 2001 [ 10 ].Trademarks designed by Chermayeff & Geismar (Chermayeff, Geismar,& Geissbuhler, 2000) [ 11 ]. Katherine L. Spencer,Evaluating Trademark Design,P. 08 [ 12 ]. http://www. wipo. int/about-wipo(accessed on 28/11/2012) [ 13 ]. Katherine L. Spencer,Evaluating Trademark Design,P. 09 [ 14 ]. http://cyber. law. harvard. edu/metaschool/fisher/domain/tm. htm:article, Overview of Trademark Law [ 15 ]. ibid [ 16 ]. http://en. wikipedia. org/wiki/Wikimedia_Foundation(accessed on 25/11/2012) [ 17 ]. www. wipo. int-wipo(accessed on 28/11/2012) [ 18 ]. ibid [ 19 ]. www. wipo. int-wipo ( accessed on 28/11/2012) [ 20 ]. www. madridprotocol. info/internationaltrademarkprotection. html(accessed on 30/11/2012) [ 21 ]. html http://cyber. law. arvard. edu/metaschool/fisher/domain/tm. htm:article, Overview of Trademark Law [ 22 ]. ibid [ 23 ]. ibid [ 24 ]. ibid [ 25 ]. www. wipo. int(accessed on 30/11/2012) [ 26 ]. http://blogs-images. forbes. com/davidvinjamuri/files/2012/09/Dr-Publix-287Ãâ€"3001. jpg (accessed on 28/11/2012) [ 27 ]. Wrangler Apparel Corporation v. Axfor Garments {2008 C L D (70)}, [ 28 ]. Commentary On The Paris Convention For The Protection Of Industrial Property, Seth M. ReissLex-IP. com Honolulu, Hawaii, United States [ 29 ]. http://www. wipo. int/treaties/en/ip/paris/trtdocs_wo020. html(accessed on 28/11/2012) [ 30 ]. www. wto. org/english/tratop_e/trips_e/t_agm0_e. tm(accessed on 01/12/2012) [ 31 ]. World Trade Organisation Web-site: http://www. wto. org [ 32 ]. www. worldtrademarklawreport. com(accessed on 18/11/2012) [ 33 ]. Societe De Fabrication v. Deputy Registrar of Trademarks and another, PLD 1979 Kar 83 [ 34 ]. Alpha Sewing Machine v. Registrar of Trademarks and another, PLD 1990 SC 1074 [ 35 ]. Morphy Richards Ltd v. Registrar of Trademark and another, 1992 MLD 2506 [ 36 ]. Mars I ncorporated v. Pakistan Mineral Water Bottling Plant (Pvt. ) Ltd. {2001 M L D 39} [ 37 ]. PLD 1988 Kar 569 [ 38 ]. Ibid581 [ 39 ]. PLD 1998 Lah 69 [ 40 ]. Glaxo Vs. Evron,1992 CLC 2382 [ 41 ]. Cooper’s Incorporated Vs.Pakistan General Stores, 1981 SCMR 1039 [ 42 ]. Ibid 1044 [ 43 ]. Bolan Beverages vs. Pepsico Inc. , (2004 CLD 1530 [ 44 ]. Concentrate Mfg. Co. , vs. Seven-up Bottling (2002 CLD 77) [ 45 ]. Roomi Enterprises vs. Stafford Miller (2005 CLD 1805 (DB)) [ 46 ]. www. ipo. gov. pk(accessed on 12/12/2021) [ 47 ]. ibid [ 48 ]. http://www. ipo. gov. pk/Trademark/TrademarkForms. aspx(accessed on 12/12/2012) [ 49 ]. The Trade Marks Journal (No. 734 March 1, 2012 [ 50 ]. ibid [ 51 ]. http://www. ipo. gov. pk/Trademark/Downloads/TM-rules%202004. pdf(accessed on 28/11/2012) [ 52 ]. http://www. ipo. gov. pk(accessed on 12/12/2012) [ 53 ]. Sikander Sultan v. Masih Ahmed Shaikh{2003 C L D (26)}