Rally Round the Trade Name Essays

Rally Round the Trade Name Essays Rally Round the Trade Name Essay Rally Round the Trade Name Essay Rally Round the Trade Name Name: Course: Institution: Tutor Date: Rally Round the Trade Name Part 1 It is clear that Gabby’s surname is Rally and that is the main reason that led her to use it as her business name. However, she does not have the right to use it in whatever she wants. When it comes to matters affecting other people, she has a responsibility of following the right procedures before she incorporates her name in these issues. She has the responsibility of analyzing how incorporating her surname will affect the rest of the community. In this case, her surname had already been used by another business. Practically, people were mistaking the â€Å"Rally† car dealership and the â€Å"Rally† pizza restaurant. The car dealers were being called to deliver pizzas. There was a conflict of interest. In such a case, this conflict had to be resolved; otherwise, it was becoming inconveniencing. Gabby had no right of using her surname in her business just because the surname belonged to her. It was not right as it was bringing a conflict of interest in an existing business (Tilman, 2002). Part 2 People tend to associate â€Å"Rally† with pizza since pizzas are edibles and therefore they are consumed more than cars are. Most people are more likely to call in for a pizza delivery than they are to call in for a car delivery. However, Rally car dealership has been there for more than forty years. This means that it has built its brand and that it has formed its clientele using the name â€Å"Rally†. Unfortunately, registering a business with a particular name does not give one the right to own the business name (Kerly, Blanco Jacob, 1986). From the incoming calls, the name â€Å"Rally† has been greatly associated with pizza. This matters as far as a trade name is concerned. The Rally is used more by those ordering pizzas because pizzas are consumes more than cars are. The majority of the consumers tend to master the first word of a trade name and thus use it as a reference when intending to refer to the business. This is why the consumers dial the number to the car dealership instead of dialing the restaurant’s number. Pizzas are fast-moving goods since they are cheap, edibles and perishable while cars are more expensive, non-perishable are not as part of basic needs as foods. This is why it may be perceived as though â€Å"Rally† is more associated with the pizza. However, the case may have been different if Herman’s business dealt with eatables such as drinks. Since Herman’s business may have been around for a longer period, it could have received as many calls as the pizza calls or even more calls. In other words, Rally may be more associated with the pizza because of the different natures of the businesses. Part 3 As indicated, Herman’s business was the first to use the business name. The business has been around for around fifty years and so it has built using its clientele in that geographical location using that particular name (Hopkins, 1924). In this case, it is significant to appreciate that Herman’s business has used the trade name for the longest time. On the other hand, it is significant to note that most people associate the trade name with the pizza. Transactions, legal documents and all the other records over the many years have been used with name â€Å"Rally†. Many people, both young and old, associate Rally with the car dealership as they have grown up seeing the business. The main reason that popularizes the trade name â€Å"Rally† with the pizza is the nature of the pizza business. If Herman changed the business to another name, there would be more harm done as it would it would be a long process due to the years it has been established. On the other hand, Gabby can change her business name since her business is smaller than Herman’s and not as old as Herman’s business. It is easier to change the name of a child than changing the name of a fifty –year old man. Part 4 Like ones birth names, one has the right to their trade name. It does not matter that a man aged eighty-five years old is named Peter while another aged two is named the same. They both have the rights to the same name. Similarly, a business named â€Å"Smiths† started in 1975 does not give it more rights to the name than a business named the same started in 2009. However, similar business names can bring a conflict of interest. Although it has been said that an older business cannot sue a younger business for using its name, the older business posses more rights to the name. This more defined if the two businesses are of a different nature. The older business has done many transactions and incorporated a lot of legal documentation using the trade name for a longer period than the latter business. Age is one way of gaining the rights to a business. Additionally, a business, which has built its clientele and general business around the name of the business, gives it more rights to the trade name as compared to other businesses (Uspto, 2012). For example, the McDonalds Company has built its business around the trade name. Another fast food restaurant cannot open and trade with the same name. It is evident that registering a business does not make one to have the exclusive rights to a business name. However, it is a way of ensuring that the rights are more defined as compared to a business that is not registered. Similarly, registering businesses allows one to avoid picking a name that is already picked by other people. Similarly, it also gives evidence as to the length and extent one has used the name. As earlier identified the length of time a trade name has been used can aide one in winning a case, if need arises. Part 5 The first remedy is to talk with the infringing party about the issue. Talks are more productive than lawsuits. It enables the two businesses to come to consensus that is acceptable to both parties, without the bad incidences and the experiences that are experienced in courtrooms. It also saves on time and money, which are greatly used when a party sues the other. These discussions can be made without the presence of a mediator. In this case, Gabby can incorporate the name â€Å"Restaurant† (if not incorporated) and make it as distinct and conspicuous as possible, thus giving the consumers room for making out the difference between the two businesses when dialing the number on the directory. Similarly, Rally can make the name â€Å"Car Dealership† to be as distinct as possible. In another approach, arbitration can be incorporated. This is a form of settling cases outside the court (Elias Stim, 2011). This may include the use of a mediator or other means thus allowing room for negotiations. The method is not expensive, takes a lesser period and does not attract a lot of public attention like the court cases. This method allows the personal opinions of the parties unlike the court processes that required the use of a lawyer. Suing is an option but it should be the last option. This is because it involves a lot of time, energy (both physical and emotional), is more expensive and it may cost the reputation of both of the businesses or either of the business. Settling the dispute in court allows a business to get a judgment that is concrete and can only be challenged by a higher court. Similarly, it reduces the cases of unfairness or decision ambiguity. Persons going against the decision made can be prosecuted and jailed. Settling issues in court should be the last approach. The best include having a one-on-one discussion or incorporating mediators. References Elias, N. Stim, R. (2011). Trademark. Legal Care for your Business Product Name. Berkeley, CA: Nolo. Hopkins, J.L (1924). The law of trademarks, trade names and unfair competition, including trade secrets. New York, NY: The W. H. Anderson Company. Kerly, D. M., Blanco, W. T. A., Jacob, R. (1986). Kerly’s law of trade marks and trade names. London: Sweet Maxwell. Tillman, C. (2002). Trade Names. New York, NY: S.N. United States Patents and Trademark Office (2012). 2173.05(u) Trademarks or Trade Names in a Claim – 2100 Patentability. Uspto.govv. Retrieved From uspto.gov/web/offices/pac/mpep/documents/2100_2173_05_u.htm

Definition and Examples of Logical Fallacies

Definition and Examples of Logical Fallacies A Fallacy is an error in reasoning that renders an argument invalid: A fallacious argument is a defective argument, says Michael F. Goodman, and  a fallacy is  the defect in the argument itself. . . . Any argument committing one of the informal fallacies is an argument in which the conclusion does not follow conclusively from the premise(s) (First Logic, 1993). Observations on Fallacy In logic and the generalized study of reasoning, there are generally understood to be such things as good reasoning and bad reasoning. Typically, bad reasoning is characterized by falling into one or more of the classically compiled logical fallacies. A logical fallacy is simply a failure of logic. Arguments that are said to be fallacious have gaping holes or misleading leaps in their structure and reasoning.(J. Meany and K. Shuster, Art, Argument, and Advocacy. IDEA, 2002)An informal fallacy is an attempt at making a logical argument where there’s a failure in the reasoning itself. This can stem from a number of causes, such as the misapplication of words and phrases, or misunderstandings based on inappropriate assumptions. Illogical sequences in an argument can also cause informal fallacies. While informal fallacies can result in inaccurate arguments and false conclusions, that doesn’t mean they can’t be very persuasive.(Russ Alan Prince, How To Bolster Your Ne gotiations With Informal  Fallacies. Forbes, June 7, 2015) Deceptions A fallacy is so conceived that if an argument exhibits a fallacy, it is probably a bad one, but if the argument exhibits no such violation, it is a good one.Fallacies are mistakes in reasoning that do not seem to be mistakes. Indeed, part of the etymology of the word fallacy comes from the notion of deception. Fallacious arguments usually have the deceptive appearance of being good arguments. That perhaps explains why we are so often misled by them.(T. Edward Damer, Attacking Faulty Reasoning, 2001) Violations [O]ne clear sense of fallacy that we will encounter will involve a shift away from the correct direction in which an argumentative dialogue is progressing. By various means, an arguer may impede the other party from making her point or may attempt to draw the discussion off track. In fact, one popular modern approach to understanding fallacious reasoning is to see it as involving violations of rules that should govern disputes so as to ensure that they are well conducted and resolved. This approach, put forward by [Frans] van Eemeren and [Rob] Grootendorst in several works, goes by the name of pragma-dialectics. Not only is each of the traditional fallacies understood as a violation of a discussion rule, but new fallacies emerge to correspond to other violations once we focus on this way of conducting arguments.(Christopher W. Tindale, Fallacies and Argument Appraisal. Cambridge University Press, 2007) Pronunciation: FAL-eh-see Also Known As: logical fallacy, informal fallacy Etymology:From the Latin, deceive Etymology:From the Latin, deceive

Global perpective of macroecomonics Essay Example | Topics and Well Written Essays - 1000 words

Global perpective of macroecomonics - Essay Example The following diagram shows how the current account balance in the US economy had depended upon the trade balances of the nation over the years. Of all the three components of the current account, viz., trade balance, income balance and the transfer payments, the trend in the current account balances of the economy is significantly related to that of the trade balances. Hence, any deficit in the trade balances will seriously hamper the current account balance values of an economy. Since the current account balance determine the current financial asset position of an economy, a depreciating value will imply a poor status of the same that will affect the amount of financial investments into the nation and thus prospects of potential future growth. The sake of the present as well as the future of an economy is the reason for an appropriate monitoring of the trade balance status of the economy. The US economy at present is suffering from the problem of high trade deficit which must be taken care of urgently. This paper tries to focus on the causes behind the trade position of the nation, the consequences that it has on various aspects of the economy and the steps that the Federal Reserve has implemented in this regard. Trade deficit in USA, as the adjoining table suggest is found to be increasing over the years. It is also obvious from the table that, the imbalance or rather deficit is primarily due to a hike in the import purchases rather than a fall in exports. There had in fact been a significant increase in exports between 2001 and 2006, but the proportion of imports is found to have outgrown that of the exports within the nation. 1) A trade deficit in the US has often been argued by economists to be an outcome of a savings-investment imbalance within the nation. When the country had been going through a fall in aggregate savings compared to the investment potentials of the nation, other economies had been witnessing just the reverse

History of Canadian Labour Essay Example | Topics and Well Written Essays - 2500 words

History of Canadian Labour - Essay Example Triggered by a conflict between metal workers and their bosses, the agitation rapidly spread throughout the city's working class. This essay is going to trace the growth and development of the working class people in the history of Canada between 1880 and 1920. A thorough assessment of the period will be made with regards to simultaneous union and splitting of the working class on the basis of race, gender, region and skills. The Knights of Labor made their presence felt by uniting workers of different types. Gradually the organization spread its control over small towns and villages. It was in 1881 when Hamilton became one of the strongholds of the labor organization, followed by Qubec and BC, Nova Scotia and Manitoba. The local neighboring areas of New Brunswick and Alberta were also parts of the 450 local assemblies across Canada. Labor politics rose to prominence as the Knights of Labor reform group coordinated and controlled the Trades and Labor Congress of Canada. The self-governing labor political campaign, which played a crucial role in terms of growth and development of working class militancy in Canada in the end of the nineteenth century, led to parliamentary lobbying, thus bringing the most pertinent issues of the working class before political and administrative authorities. The fundamental rights of the working class people were brought to notice through intensive campaigning and follow-up mechanisms. The dedication of the Knights leaders and more importantly, the spontaneous participation of labors from all areas of manual works helped enormously to turn the campaign into a success story. The Knights approached Ontario and the West in 1886, but the major success as far as voicing peoples' rights and demands is concerned came in Qubec and Ottawa in the 1890s. The development of working class unions in Canada prior to the World War II hastened up when the Knights of Labor organization was forced out on the ground of duality from the TLC at Berlin in 1902. The influence of the Knights of Labor on the working class did not concern just the idea of making unions, but the intent to curb the monopoly and exploitation of the contemporary capitalist social structure by developing alternatives based on equality and justice. To expatiate furthermore on the thesis topic in hand, one needs to gain a clear insight on the value of skilled labors. In any society, skilled labors do have an upper hand over incompetent labors. The age of rapid spread in industrialization necessitated deployment of efficient labors to maximize output in factories. During the span of forty years from 1880 to 1920, the working class fraternity of Canada orchestrated community business to maximize production. In Toronto, skilled and experienced craftsmen exercised far greater control over their employers in terms of production. The individual as well as collective discipline of veteran labors was considered to be an asset in Canada in those times. The labor unions in Toronto and other places acted forthrightly on choosing the right people for the right cause. But when the industrial capitalization threatened to disturb the balance of the working class society, a protest movement was on the cards. By and large, the working clas

Hotel Rwanda Essay Example for Free

Hotel Rwanda Essay Hotel Rwanda describes the rivalry between two ethnic groups, the Hutus and the Tutsis. Both groups shared the same language, culture, territory, customs and beliefs but had different physical features and belonged to different ‘classes’. On the 6th of April 1994, the Presidents of Rwanda and Burundi were killed when their plane was shelled by rocket fire as it attempted to land at the airport in Kingali, Rwanda. The assassination of the Hutu president was attributed to the Tutsis just as a pretext to begin violence since it is believed his own people, the Hutus, murdered him. Then the genocide begins. The film focuses on the story of Paul Rusesabagina (Don Cheadle), a Hutu hotel manager at the Mille Collines, a Belgian-owned luxury hotel. We also learn early in the film that his wife and her family is Tutsi. Along with checking in guests, Rusesabagina must use his wise business sense to buy supplies from a rebellious Hutu who strives to get him involved in taking a stand against the Tutsis. As chaos ensues, United Nations forces, previously stationed to help, leave the Rwandans with nothing but their own will. Tutsi refugees turn to the Hutu Rusesabagina for help. Paul becomes the hero of the film saving over 1,000 refugees from death by harboring them in the hotel that he manages. Hotel Rwanda is a film made to show the world the violence and cruel things that were going on in South America. Nearly 1 million people were killed in less than 3 months. Paul Russesabegina (Don Chedle) was an amazing actor in the movie. He made a point. He was a true actor. He showed the viewers that he loved his people and wasnt going to let neither himself nor anyone else give up. European guests and staff at the hotel are flown out of the country, and Paul is left in charge. He finds that his conscience wont allow him to watch as the innocent are slaughtered, and before long, the hotel has become a well-appointed refugee camp. Some sees Paul as a traitor putting his life in danger. The predicament of his guests grows more precarious every day, but despite good intentions on the part of a journalist (Joaquin Phoenix) and a UN peacekeeping colonel (Nick Nolte), the rest of the world is not eager to intervene and stop the massacre. For me, the main theme of this movie is writing a wrong that is so terrible in nature that everybody is just unwilling to take a stand. The wrong is so unabashedly violent and righteous that everybody is willing to take a step back and wait for somebody to handle it. In this movie’s case, all hope was on the UN. However, only the foreign nationals initially got the aid of the UN. The nationals were left to figure things out on their own. In this case, Paul Rusesabagina became the unlikely hero. Doing the right thing at that time proved to be dangerous on himself and his family. It would have been easier for him to sell his soul rather than go against the majority movement. And yet, he did go against the tide and did the right thing by using his cool intellect and calm manner of dealing with his staff, the military, the militants and the rest of his family members and neighbors. Seeing death being done is bad enough. I can only imagine how devastating that can be. However, I understand his emotions when he saw his son traumatized by the situation. As a parent myself, I would not want any of my sons to witness such brutal acts of humanity on another human, let alone the violence that was done to the boy, too. Although Mr. Rusesabagina acted cool and composed in the film, I cannot help but wonder if, indeed, he was composed during the entire time he was still in the country. The atmosphere of the entire movie came across to me as harsh. That is, the scenes were unforgiving in their abrasive, visceral violence. The discordant scenes of killing and women being abused and disrespected were forceful. The film strived to be earnest and honest in the depiction of this inhumane genocide that affected the world. While watching the film, I was reminded of Hitler’s move to eliminate Jews from the world. This was WWII. It was and still is a horrible way of thinking. Yet, Hitler still found people to commiserate with his vision and ideal world. 50 years later, this genocide happens in Rwanda. Horrible. And yet, this incident did come to pass and it’s a true story. How can people treat their fellow human beings in this manner? Why act like savages when we have the capacity for love and compassion? What is it that drives such a crooked point-of-view to gain momentum? I’ve thought about this the whole weekend. The only answer I can come up with is that God gave mankind the gift of free will with our intellect and humanness. It is really up to us to use these gifts to the best of our ability. The choice to do right and wrong will always be upon us. Therefore, the consequences of our decisions and the foregoing actions that ensue because of these decisions will shape our lives. As such, the genocide that happened in Rwanda cannot be undone. But, we can learn the lessons needed to become better people. As with Paul Rusesabagina, his choice to fight passively with single-minded intention of getting his family and friends safely out of the country helped these individuals continue a life on this Earth. For just this trait, I salute him not only for standing on his belief and principles but for letting love and compassion identify the living force within him and having him translate this into the saving of human lives.

Technology and Morality in Shelleys Frankenstein - The Advancement of

Frankenstein and the Advancement of Science      Ã‚  Ã‚   Science is nothing more than facts and principles that have been accepted on the basis of the knowledge gained by a systematic study. The scientific process is the common, basic pathway to this discovery of knowledge. The good or evil implications resulting from knowledge is not the primary concern of the scientist, though these implications can have a powerful impact. Mary Shelley's Frankenstein shows how the discovery of knowledge can have earth-shattering repercussions when a scientist does not consider the consequences of his actions.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Victor Frankenstein often esteemed himself a scientist of nature in contrast to those of his time who were alchemists. As such, he followed the very same path which elementary school kids follow today; observation, hypothesis, experimentation, and conclusion. The first step he took in creating his monster was observation. Victor Frankenstein observed the power of nature through the destructive force of lightning. He knew the potential of such energies and developed a hypothesis based on his studies of Agrippa and Magnus. His hypothesis stated that, through the power of nature, he could reanimate organic tissue; a process which his mentors claimed to have already achieved. Victor Frankenstein's experimentation required a form, which took him to the charnel houses to claim tissue from the deceased. The creature was complete with the animating science developed by Victor Frankenstein. His hypothesis proved true in the respect that it could give life. Through out the process he underwent to create the creature at no time in the process was there a point to reflect as to whether or not he should create such a monster. There was ... ...iterary Supplement 9 Apr. 1993: 12-14.    Boyd, Stephen. York Notes on Mary Shelley's Frankenstein. Longman York Press, 1992.    Garber, Frederick. The Autonomy of the Self from Richardson to Huysmans. Princeton: Princeton University Press, 1982.    Nelkin, Dorothy.   "Genetics, God, and Sacred DNA."   Society May/June 1996: 22-25.    Patterson, Arthur Paul. A Frankenstein Study. http://www.watershed.winnipeg.mb.ca/Frankenstein.html    Shelley, Mary.   Frankenstein.   Oxford: Oxford University Press, 1980.    Smith, Christopher. Frankenstein as Prometheus. http://www.umich.edu/~umfandsf/class/sf/books/frank/papers/FrankCS.html    Spark, Muriel. Mary Shelly. New York: Dutton, 1987.    Williams, Bill. On Shelley's Use of Nature Imagery. http://www.umich.edu/~umfandsf/class/sf/books/frank/papers/FrankWJW.html   

Hydrocarbon

HOMOLOGOUS SERIES| ALKANE| ALKENE| ALCOHOL| CARBOXYLIC ACID| ESTER| GENERAL FORMULA| CnH2n+2, where n= 1,2,3,.. | CnH2n, where n= 2,3,4,.. | CnH2n+1OH, where n= 1,2,3| CnH2n+1COOH, where n= -0,1,2,3,.. | CnH2n+1COOCmH2m+1, where n= 0,1,2,3,.. and m= 1,2,3,.. | PHYSICAL PROPERTIES| * MP & BP Size of hydrocarbon molecules inc, f. o. a inc, more heat overcome f. o. * Density Mass per molecule inc faster than volume per molecule * Gas – liquidSize of hydrocarbon molecule inc, f. o. a stronger, mp&bp inc * Insoluble in water, soluble in organic solvent(covalent comp) * Insulator * Less dense than water| * MP & BP Size of hydrocarbon molecules inc, f. o. a inc, more heat overcome f. o. a * Density mass per molecule inc faster than volume per molecule * Gas – liquidSize of hydrocarbon molecules inc, f. o. stronger, mp&bp inc * Insoluble in water * Insulator * Less dense than water| * MP&BP * Colourless liquid at RT * Volatile * Soluble in waterDissolve in organic compund * Les s dense than water| * BP(118OC) * Colourless liquid at RT * Sharp & pungent smell * Soluble in water| * Colourless liquid at RT * Fragrant smell * Volatile * Insoluble in water * Less dense than water| STATE| First 4 alkanes (gas)| First 3 alkene(gas)| -| -| -| | | | | | | | | | | | | | | | | | CHEMICAL PROPERTIES| * CombustionComplete- CO2 + H2OIncomplete- C+H2O, CO+H2O * Substitution-Alkanes+halogen(Cl2,Br2)-exposed to sunlight/UV-hydrogen replace by halogen * Cracking-Long chain alkane flow over catalyst(silica,SiO2,alumina, Al2O3-temperature: 500oC| * CombustionComplete- CO2 + H2OIncomplete- C+H2O, CO+H2O * Addition-halogenation, hydration, hydrogenation,hydrohalogenation, oxidation * PolymerisationCombine monomers to form polymers. | | | |