Interesting Persuasive Essay Topics for Students in 2019

Having trouble starting to write a persuasive essay? Can’t think of interesting persuasive essay topics to write on? To help students like you find debatable topics, we have gathered a wide range of ideas on different subjects and academic levels. Quick Links 1. What is a Persuasive Essay? 2. Persuasive Essay Topics Middle School 3. Persuasive Essay Topics High School 4. Persuasive Essay Topics College 5. Persuasive Essay Topics on Education 6. Persuasive Essay Topics About Animals 7. Funny Persuasive Essay Topics 8. Persuasive Essay Topics 2019 9. Dos and Don’ts of Choosing a Topic 1. What is a Persuasive Essay? Persuasive writing is similar to writing argumentative essays; both use sound reasoning and logic to explain a topic to prove that one point is more credible than the other. The best persuasive essays persuade the reader to agree with a particular point of view, perspective or to take a specific action. Composing a persuasive essay and choosing a persuasive essay topic requires writers to provide solid evidence to support a position. This can be done by stating convincing facts, examples, quotes and giving logical explanations. To help you craft an interesting essay, here are some good persuasive topics for you to choose from. 2. Persuasive Essay Topics Middle School Kindness is beautiful. Do you agree? Pros and Cons of summer classes. School computers must have internet filters. Participation in school sports must be mandatory for students. Bullying in schools requires severe punishments. Should there be any flexibility with the policies for illegal immigrants? Why every school should have a school newspaper. Are we the real culprits of global warming? Do violent video games make children more likely to be violent themselves? The internet was invented to control our lives. Do you disagree? Pros and Cons of having school all year long. Participating in sports must be made compulsory for every student. 3. Persuasive Essay Topics for High School Is it possible for a person to overcome his fear? Should students evaluate their teachers? Is it ok to give extra incentives to students with good grades? What are the pros and cons of using cell phones for academic purposes? The social value of the death penalty in the United States. School college students should wear uniforms. Who in your opinion influences teenager's behavior the most? Why are teen girls influenced by celebrities? Economics rule human behavior. All the arts have become commoditized. Young adults should have the choice to decide on their own whether or not they want to join the army. Facing embarrassing situations in life is necessary to boost people's confidence? 4. Persuasive Essay Topics College It is important to pay more attention towards local crime and terrorism in United States rather than international criminal activities. Do you agree that the feminist movement devalued motherhood? Do you think that the older generation can learn things from today's generation? International exchange program experience I agree is important in shaping a student. Should all college students get a chance to experience fraternity or sorority? Should there be an age limit that teachers can teach? Is taking a gap year from studies a good idea? School students shouldn't get assigned countless academic papers. Reducing paper consumption can benefit the nature largely. Research paper is more effective to learn about the subject than exams. 5. Persuasive Essay Topics on Education Should churches pay property taxes to support schools? Teachers should also have to go through professional tests like students. Social media should be banned in school premises. Is getting a college degree worth its price? How is home education better than studying at a school? It shouldn't be legal for students under 18 to drop out of school. Students with good attendance must be rewarded. Students with good academic results must get the opportunity to go to college free of cost. Government shouldn't have a say in how students should be taught. Making education sector free can decrease poverty rates. Is that true? All students should be taught computer programming in school. 6. Persuasive Essay Topics About Animals Do you agree with the statement "Animal testing is a necessary evil?" People shouldn't be allowed to keep exotic animals as pets. Zoos are useful for wildlife conservation. Zoo animals should be harvested for food. Is creating hybrids by breeding stray dogs and cats okay? What is the best way to train a dog: rewards or punishments? Is it beneficial to give cows drugs to increase their milk supply? Using animal skin to make coats and bags is unethical. Reforestation is the only way to save animals from becoming extinct. Conserving endangered species is much more essential than conservation of other animals. Animal abuse is a result of an uneducated owner. 7. Funny Persuasive Essay Topics What would happen if unicorns took over the world? The worst movie in the world. The worst social network site. Why does the beach have tanning booths? Good video game skills can land you a job. Why do you enjoy getting spam email more than actual email? Is it true that wearing braces scares off strangers? Playing with Barbie dolls can change your life. How to look busy and do nothing at work. Do you agree with the statement "Boys gossip more than girls do?" We should blame our horoscope for things that have gone wrong in our lives. To get a perspective on life and what it is about, we should spend time with a kid. 8. Persuasive Essay Topics 2019 Should the jury system be eradicated? Biological weapons should be banned. The next generations should live on Mars. Is governmental surveillance a good thing? Children under 18 shouldn't be allowed to buy contraceptives. Teen moms should be made to go to classes that encourage them to get married. Sex education should occur at home. Educating women is a waste of resources. Everyone should have free access to the internet in today's day and age. Theoretical subjects should be decreased and students should study more practical courses to learn things. Punishment for cutting school should be made much worse. Parents who smoke shouldn't tell their kids about its harmful effects. Did you find a topic that is interesting enough for you to write on? If not, then, give our essay topic generator a try and find a wide range of good persuasive topics for your essay. 9. Dos and Don'ts of Choosing a Topic Writing your persuasive essay means more than simply arguing the facts. You need to settle on a persuasive essay topic that allows you to present the best possible case. You won't be able to do that if you write a persuasive essay on a topic that is: emotionally-charged complex too familiar not interesting for the target audience factual and you avoid analysis or reasoning Here's what you should do when choosing your topic: Take a stand Check for evidence and facts Make a list of specific ideas Outline the purpose of your essay Choose an accessible Topic Find a topic with an edge Persuasive essay writing assignment can be a difficult task to do, especially when you are a beginner. To crack the basics, you must follow some steps. If you want to learn about them in-depth, head on to our blog on "How to write a persuasive essay" 10. Get Professional Help Hopefully, you have decided on a topic by this point and are heading towards the writing process. If you're overwhelmed by the requirements of writing a persuasive and argumentative paper, or you're short on time, we are here to help. 5staressays being one of the top essay writing service has professional essay writers who are experts at delivering high quality academic writing in the most affordable prices. Unlike other fraudulent companies, we provide completely transparent services. And staying on this website means you agree to our terms and privacy policy which protects your personal information. If you want to achieve academic excellence, contact us today!

The role which has been played by blogs and social networking in altering our daily usage of the internet and the World Wide Web

The role which has been played by blogs and social networking in altering our daily usage of the internet and the World Wide Web The development of the internet has been perhaps the best thing which has ever happened to human beings, as far as computer-based communication is concerned. Ever since its introduction in the world way back in 1965, the internet has continued to play a significant role in our lives.Advertising We will write a custom essay sample on The role which has been played by blogs and social networking in altering our daily usage of the internet and the World Wide Web specifically for you for only $16.05 $11/page Learn More The advanced use of the internet or the World Wide Web in the contemporary world has had a revolutionary impact to the people all over the world, thus helping to improve their lives in a special way. The human life in vast areas of accountability has been made easier through the possibilities of world wide communications currently offered by the internet. As it would be observed, culture and commerce are some of the key aspects involving humans to day that have been impacted largely by this modern trend of communication which continues to touch every part of our lives. On this particular note, the internet has played a major role in enhancing communication and interaction among people of different cultural backgrounds, through interactive elements like search engines and social networking sites found on the internet. More importantly, the evolution of the internet has continued to play a key role in today’s business arena in a number of ways. In regard with this subject, this paper examines how the use of blogs and social networking has altered our daily usage of the World Wide Web and the internet. The constant use of blogs and social networking as some of the main tools of communication offered by the internet has altered the way people use the World Wide Web. Just a couple of years ago, the internet would be seen as a platform for kids and idle adults to kill time in ways that could not be more useful. This would in clude things such as sharing of pictures and rants, email communication, and computer gaming, among other engaging activities. However, today, things have completely changed, and internet has emerged as one of the many things courtesy of the computer technology which have proved to be very useful to the human life. As a matter of fact, millions of people across the world have discovered just how the internet could be used for other beneficial ways, apart from simple communication and gaming (Goh Quek 2010). Today, people can interact freely with each other and even conduct business over the internet through blogs and social networking sites such as Facebook, Twitter, Linked-In and My Space, among others. As it would be observed, most of these activities are based on social and economic grounds, and it is for such reasons why people would remain attached to the internet nowadays than ever before.Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More Blogs are interactive platforms through which people can communicate with each other and be able to share and discuss important things in life. Different people would tend to blog for varied reasons that would range from personal to commercial purposes. In this regard, blogging offers both personal and corporate benefits to its many users across the world. As it would be observed, there are diverse reasons as to why many people in the current world would prefer using blogging as a way of interaction and communication over the internet (Miura Yamashita 2007). First of all, blogging is an effective and first way of establishing relationships, and for that reason, it serves as a convenient way through which marketers and other business people could create links with potential customers. Another common purpose for using blogs is to build reputation and credibility online about one’s business. In this regard, busi nesses are able to provide information regarding their products and services to potential customers through an interactive basis where they can receive feedback and comments from the targeted audience. This, however, plays a significant role when it comes to understanding consumer interests better, thus giving marketers a better stand against their competitors in the market. Blogging also offers growing businesses an opportunity to create or establish community online. In this case, businesses can share their expertise, knowledge, and information on their products and/or services with a larger audience. More importantly, businesses can blog their new product updates, holidays, and other specials regarding their businesses, thus creating and maintaining good relationships with customers and clients. Apart from the benefits highlighted above, blogging also offers vast communication benefits to both the bloggers and the targeted people. Through this form of online communication, people can always be assured of effective communication all the time. Moreover, people would be sure to save much of their time when they use blogs to convey their message to the audience, than when they use other mediums of communication. More importantly, blogs are also known to offer a better solution for notification than email or websites. One common advantage of using blogs over other forms of online communication is that they are an inexpensive method of passing information to persons. Unlike the website, which involves many things which the users have to be familiar with before they can use them, operating a blog would only require one to have basic computer skills. Blog software is easy to operate, since they involve pushing of a few buttons on the computer keyboard, before the task is completed. This usually involves typing one’s thoughts or ideas, linking to relevant resources, and then publishing to blog for people to read. The idea of blogging is said to serve a wide a rray of purposes beyond what people are likely to realise via the use of social media. As a matter fact, it is for these specific reasons why many people in the current world have decided to opt for blogs as the effective ways of conveying information.Advertising We will write a custom essay sample on The role which has been played by blogs and social networking in altering our daily usage of the internet and the World Wide Web specifically for you for only $16.05 $11/page Learn More Social media has also played a very important role in changing the way humans use the World Wide Web or the internet. Sites such as Facebook, Twitter, and My Space, just to mention but a few, have emerged as very powerful platforms that have helped to transform the way we communicate and do business in the current world. These interactive sites have continued to play a key role in promoting and enhancing human interaction across the globe. As a matter of fact, social network si tes have proved to be useful in enabling people interact online easily. Unlike the traditional ways of communication and the other forms of internet communication that entails the use of forums, email, and message boards, the use of social networking sites closely resembles face-to-face conversations, and this makes communication more effective. Popular social networking sites such as Facebook, Twitter, and My Space are altering the human fabric of the World Wide Web. As it would be observed, none of the above social networks appeared to be exciting for the last five years, where they were seen as just virtual sites fit for kids and idlers than anything else. This perception, however, has changed completely in the current world where a greater percentage of the global population is said to be very active on these sites. According to current statistics on internet, Facebook alone has amassed over 600 million members and users across the world. On the same note, over 200 million are s aid to be actively involved in matters involving twitter. The same high participation is also observable in other social networks. This massive usage is a clear indication that the social sites are taking humans somewhere exciting. One common aspect of the social networks is that they do enable people to stay connected all the time, regardless of the geographical barriers separating them in life, among other common obstacles of normal interaction and communication. In this regard, there are many ways through which social networks have changed our lives, thus altering the daily usage of the internet in the world. One significant way by which social networks have widely been used is for normal socialisation. Social networking sites have become useful platforms of modern interactions through which people having similar interests and goals can connect. In this respect, employers can easily get in touch with their employees in matters of work, thus enhancing performance and productivity in the workplace. Moreover, people can easily communicate with their friends and family members.Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More According to Colgate and Buchanan (2005, p. 429), what makes the use of these interactive sites more interesting is the fact that, apart from them being virtual spaces upon which information can be managed in an efficient manner, the sites also enable their users to listen to music, share photos and watch videos, among other stuff. More importantly, just like such engines such as Google and Yahoo, social networking sites can also be educational and informational, and this keeps users updated on many things in life. Social sites such as Facebook and Twitter are also viewed as the most reliable communication platforms in the current world through which celebrities, and managers of non-profit organisations can reach out to their targets of interest. These social sites have also become the touchstone for politicians and other high-profile people who are willing to publicise and promote their causes. In this regard, the targeted people can also use the interactive platforms to share thei r ideas and voice their opinions. Moreover, they can also communicate with these people on a one-on-one basis. Social networking sites have become common among the younger generations in the world. For this reason, progressive politicians and other famous icons have seen them as the most efficient ways of reaching to the tech sawy youth of the current world, thus going for them without hesitation. Social networking sites have also proved to be useful tools in the modern business world. Things in this world are changing fast with times, and such is the business world which has taken every initiative possible to stay ahead in matters regarding technology. In the current times, progressive marketers and businesses allover the world have embraced the power of technology to reach their customers and try to engage them in useful communication that will help in improving their business relationships with them. In this case, marketers and businesses have turned to social sites as important platforms upon which they can advertise their products and services. Burn and Loch (2007, p. 39) claim that by â€Å"simply placing banners and advertisement texts about their products and services, companies and other businesses can be assured of reaching more customers in diverse regions, thus increasing their sales in the long run†. More importantly, social sites are cost inefficiency, thus enabling entrepreneurs and investors to draw insight on their businesses without having to incur much expense in terms of advertisement and publicity. The fact that sites such as Facebook offer much exposure to commercial advertisements, possibly owing to its great popularity across the world, has attracted many investors and entrepreneurs into the habit of using the social sites to promote their businesses. Both established and emerging businesses in the modern world have adopted the idea of social presence as a convenient way of testing their services on consumers. In this respect, cu stomers are able to air their views and give suggestions on products and services, among other aspects, thus helping businesses to understand their interests well. This plays a crucial role in facilitating future improvements to serve the customers better. Thanks to current advancements in the communication sector, an access to the internet has been extended to reach beyond computers to mobile phones. In this regard, internet users across the world are able to reach the internet and access social networking sites simply by pushing a button on their phones. This offers great opportunities to businesses, which are ever eager to reach an expansive market for their products and services. It is worth noting that social networking sites have also played a crucial role to modern journalism. Today, it is easy for the people in the media sector to reach large masses of people in the world, through social networking sites such as Facebook and Twitter. In this case, news and other important in formation would have reached the audience long before they are aired through traditional media. More importantly, some news websites offer people the opportunity to share their version of a news event before it goes on air, thus adding value to the report. The ability to sift through news and speculated events offered by the social sites gives everyone who can access the internet a better understanding of the information, compared with anyone who relies just on traditional media to get to know about news (Sohail 2012). The other notable place where the effective use of social media has applied is in the business and recruitment sectors. As a matter of fact, there are businesses that operate solely on social networking sites such as My Space, Linked In, and Facebook. This, however, enables them to interact well with their clients and other people that may be of interest to them. In this regard, the businesses would sometimes see these interactive sites as convenient zones to seek pot ential employees, thus placing employment advertisements on them for willing applicants to apply. Linked In, which specialises on career and professional matters, is known to have undoubtedly played a key role in advancing careers by helping Human Resource professionals in the world discover potential employees with the desired qualities. In just another perspective, some potential employers have adopted a new way of getting to know their potential employees better through the social networking sites (Kumar, Novak Tomkins 2010). This has the meaning that it is possible for the employers to sift through the applicants’ information using sites such as Facebook, and make informed conclusions about them, before they get to hire them in their companies. On this note, it should always be understood by everyone that social networks can sometimes play a significant role in our professional lives, and therefore, it would always be a good idea for people to be careful with the kind of information they post on the internet for others to see. While good images and information give the best reflection of someone, compromising information, images or any other details can severely hurt one’s chances to pursue employment. The use of blogs and social networking sites, as observed in this paper, has completely changed the usage of the World Wide Web in the world. Blogs and social networks such as Facebook, Twitter, Linked In, and My Space, among others have completely reduced communication barriers in all aspects of human life. As observed in this paper, many people across the world have become great fans of the internet, owing to the many social and economic benefits associated with the trend. This, however, explains the current changes on the daily use of the internet in the current world. List of References Burn, J Loch, K 2007, ‘The societal impact of the World Wide Web-Key challenges for the 21st century’, Social Responsibility in the Informati on Age: Issues and Controversies, vol. 12. no. 29, pp. 34-39. Colgate, M Buchanan, O 2005, ‘Relationship benefits in an internet environment’, Managing Service Quality, vol. 15. no. 5, pp. 426-436, via Global Internet database. Goh, J Quek, C 2010, ‘An investigation of students’ perceptions of learning benefits of weblogs in an East Asian context: A Rasch analysis’, Educational Technology Society, vol. 13. no. 2, pp. 90-101. Kumar, R, Novak, J, Tomkins, A 2010, Structure and evolution of online social networks, Springer, New York. Miura, A Yamashita, K 2007, ‘Psychological and social influences on blog writing: An online survey of blog authors in Japan’, Journal of Computer-Mediated Communication, vol. 12. no. 4, pp. 1452-1471. Sohail, Q 2012, How social networks have changed our world, techi.com/

Managerial Economics Individual Work1 wk3 Essay Example | Topics and Well Written Essays - 500 words

Managerial Economics Individual Work1 wk3 - Essay Example Different employee roles and job descriptions should be considered when putting in place an organization structure. The hierarchical organization structure embraces a top-down approach relationship. It is a pyramid-like structure where the organization has few experts who delegate specific roles to the other employees. Managers are the main decision makers and act as head of the different departments within the organization. On the other hand, the contemporary organization structure, different employees are specialists in the different roles they undertake within the organization. It is more of a decentralized structure, and employees are expected to make strategic decisions within their areas of specialty. The contemporary organizational structure is very effective, especially in an organization that deals with the manufacturing of products. It encourages participative management as employees are specialists in different fields such as finance, engineering and customer service. (Hiriappa, 2009).The flow and distribution of the information throughout the organization is made easier, and the functions of the different departments are performed effectively. It in turn leads to quality production of goods and the provision of better services to the customers. Therefore, the organization can meet the demands of the market without compromising on the quality of the products and services. Decision making is paramaount in ensuring that the various departments within an organization perform their roles well and in a co-ordinated manner. In this organizational structure, decision making is fast as employees do not have to wait for others to make decisions. The employee is empowered and is expected to make strategic decisions.It also ensures that time is not wasted and that all activities are finished within the allocated time.Furthermore, there is a

Case study Article Example | Topics and Well Written Essays - 250 words

Case study - Article Example Ultimately, it is Ms. Tranita Jackson’s unwillingness to cooperate that lead to Rhonda’s academic failures. The tension between Ms. Jackson and Ms. Lakisha Mills, especially the former’s antagonism, over the lessons and schedules jeopardized Rhonda’s opportunity to succeed in her subjects. As an administrator, it will be helpful to review the case and to conduct another IEP meeting considering all the events that transpired. It might prove more than helpful to give it another try, preferably where Rhonda will be placed in a different 3rd-grade regular teacher other than Ms. Jackson. There must be a conscious effort by those involved that the LRE is a matter of law. There are no shortcuts and an unfavorable decision to terminate it may be easier but it is not always the right answer. The same is true even if the parents themselves have already agreed to it. Where the regular class teacher may be inconvenienced by it is not reason in itself to forego of the entire system

Managing Financial Resources and Decisions Assignment - 5

Managing Financial Resources and Decisions - Assignment Example Business entities can get finances from the following sources1)Â  A business can get its funding from the owner of the business where he or she gives out either funds or property as a starting capital to the business.2)Â  Donations and grants: These are funds that are given to the business entity by the friends and well-wisher to assist the business in meeting its financial obligations3)Â  The business can also borrow loans from the bank to fund the operations of the business.4)Â  Sponsored Agreements: some of the research that are conducted in some of the organization are performed using funds from sponsoring agencies that support the research and training and even services through various agreements.5)Â  The business can also get its funding from the family friends.6)Â  Ploughing back of the business profits can also be another source of fund that the business can use to expand its activities. This means that the profits that are realized by the business are re- invested in t he business to expand the business.7)Â  Other sources of finance for the business can also be gifts from friendsImplication of finances to businessesIt is very possible to manage income effectively and efficiently through financial planning. Good management of the incomes will help you and the business to know and understand how much money you will need for tax payments and other monthly expenses and even personal savings.Good financial planning can increase cash flows through careful monitoring the spending patterns and expenses.

A Trade Mark

A Trade Mark Introduction A trade mark is a way for one party to distinguish themselves from another. In business, a trade mark provides a product or organization with an identity which cannot be imitated by its competitors. According to section 1(1) of the 1994 Act, a trademark is ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of another’. In Sigla SA v OHIM (Office of Harmonization for the Internal Market) the Court of First Instance (CFI) stated that a trade mark does also convey other messages concerning the qualities or particular characteristics of the goods or services which it covers, such as luxury, lifestyle, exclusivity, adventure, youth. A mark has then an inherent economic value which is independent of and separate from that of the goods and services for which it is registered. The CFI held that ‘these messages are conveyed, by trademarks with reputation and confer on it significant value which deserves protection because the reputation of a mark is the result of considerable effort and investment on the part of its proprietor’. However, how far the UK courts and the European Court of Justice (ECJ) have recognised this â€Å"inherent economic value† of registered trade marks? Relative Grounds for Refusal Marks which conflict with earlier marks or signs may not be registered. The grounds for refusal of the registration of a trade mark are found in section 5 of the Trade Marks Act 1994 and Article 8 of the Community Trade Mark Regulation (CTMR): Identical marks on identical goods and services: section 5(1)/Article 8(1) (a); Identical marks on similar goods and services that there exists a likelihood of confusion on the part of the public which includes the likelihood of association with the earlier mark: section 5(2) (a)/Article 8(1) (b); Similar marks on similar goods and services and there is a likelihood of confusion which includes the likelihood of association, between the marks: section 5(2) (b)/Article 8(1) (b); Identical or similar marks on goods or services which would take unfair advantage of, or be detrimental to, the distinctive character of the earlier mark, without due cause: section 5(3)/Article 8(5). UK incorporated Articles 4(4) (a) of the EC Trademark Directive and 8(5) of the Community Regulation 40/94 into domestic law under section 5(3) of its Trade Marks Act 1994. According to section 6, Earlier Marks cover UK and Community Trade Marks with an earlier registration date and Community Trade Marks with seniority derived from an earlier UK mark. They can also be marks registered under the Madrid Protocol and â€Å"well known† trademarks protected under Article 6bis of the Paris Convention. Article 4(4)(a) of the EC Trademark Directive allows any Member State to provide that ‘a trade mark shall not be registered where, the trade mark is identical with, or similar to, an earlier national trade mark and is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in the Member State concerned and where the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark’. There are four main grounds for infringement, which are set out in section 10 of the Trade Mark Act 1994. They are the same grounds for refusal of registration, as contained in section 5. Any act of infringement is not required to of held any previous knowledge or intention to carry out the act. To infringe, a mark must be used ‘in the course of trade’. Any use which is liable to put at risk the guarantee of origin may be prevented, because this guarantee constitutes the essential function of the mark. Identical and Similar Marks under Section 10(1) If the marks are identical or similar, and the goods and services are identical or similar, confusion must be shown. A mark is considered similar if in the mind of the average consumer the likelihood of confusion for the goods/services is at issue. The marks must be compared as wholes because the average consumer generally recognizes marks as a whole. Section 10(1) prohibits the use of an identical mark to the registered mark upon goods or services for which the mark is registered. In Reed executive v Reed Business Information Ltd it was held that the marks were similar, not identical. The claimant alleged that the defendants had infringed its trade mark. The defendant had used ‘Reed’ as part of the composites ‘Reed Elsevier’ and ‘Reed Business information’. Jacob LJ did not think that ‘Reed Business information’ was identical to ‘Reed’ and he noted that the additional words would not ignored by the average consumer. The ECJ in SA Societe LTJ Diffusion v SA Sadas stated that the criterion ‘must be interpreted strictly. The definition of identity implies that the two elements should be the same in all aspects’. The level of identity between the marks must be high. In Origins Natural Resources Inc v Origin Clothing Ltd the marks ‘Origin’ and ‘Origins’, were held to be similar but not identical. Likelihood of Confusion Likelihood of confusion is arising from similarity with an earlier mark and goods and services for which that earlier mark is registered. If exists a likelihood of confusion on the part of the public, the trade mark will not be registered under section 5(2). Jacob J recommended in British Sugar plc v James Robertson Sons Ltd, that to apply section 5(2) is to ask first whether the marks are the same or similar and then whether the goods are the same or similar. Finally, ask whether the proviso applies and whether there is a likelihood of confusion, including a likelihood of association between the marks. If the answer to all three questions is positive, then there will be a conflict. In Sabel v Puma the ECJ held, that the likelihood of confusion must be appreciated globally, taking into account factors including the recognition of the trade mark on the market, the association which can be made between the registered mark, the sign and the degree of similarity between the mark, the goods and the services. The Court considered that there is a greater likelihood of confusion where the earlier trade mark has a highly distinctive character. It was noted in Ruiz-Picasso v OHIM, that attention would be particularly high as regards goods which are expensive, and highly technological in character. The ECJ said in Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer Inc that, if the association between the marks causes the public to believe that the respective goods come from the same or economically linked undertakings, there is a likelihood of confusion. In Marca Mode CV v Adidas AG it was held that ‘the reputation of a mark does not give grounds for presuming a likelihood of confusion simply because of a likelihood of association in the strict sense’. Protection for Marks with Reputation Article 8(5) of the Trade Mark Directive and Article 4(4) the Community Trade Mark Regulation offer protection for marks ‘with a reputation’, recognising that trade marks do more than simply signify origin. In Bristol Myers Squibb v. Paranova the â€Å"essential function† of the trade mark was held to be to guarantee origin to the consumer without any risk of confusion. Some marks because of their reputation have obtained a value not confined to the basic distinguishing function of a mark, so that they should be entitled to protection. The CFI give guidance in Sigla on the distinction between the notion of the likelihood of confusion and the risk of unfair advantage. The Court noted that a likelihood of confusion occurs where a consumer is attracted to a product or service covered by the applied for mark because of a misunderstanding that it comes from the same origin as that covered by an earlier mark which is identical or similar. However, the risk of unfair advantage might happen where the consumer is attracted to the mark itself, without confusing the origin of the good or service. The Court in Sigla held that: ‘Article 8(5), ensures that a mark with a reputation is protected with regard to any application for an identical or similar mark which might affect its image, even if the goods or services covered by the mark applied for are not similar to those for which the earlier mark with a reputation has been registered’. Being able to prove that the trade mark ‘has a reputation’ is a key to a trade mark owner’s ability to benefit. Dilution Section 5(3) of the Trade Marks Act 1994 offers the means for an earlier trade mark holder to prevent registration of a later trade mark which dilutes the distinctiveness and exclusivity of his trade mark. The dilution claim it appears as section 10(3) of the Act: A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with or similar to the trade mark, and is used in relation to goods or services which are not similar to those for which the trade mark is registered. The trade mark must have a reputation in the UK, namely the use of the sign must be without due cause and must either take ‘unfair advantage of’ or be ‘detrimental to’ the distinctive character or repute of the trade mark. In Adidas-Salomon AG and Adidas Benelux BV v Fitnessworld Jacobs found that the concept of detriment encapsulates dilution, which is often referred to as ‘blurring’ and means that the mark is no longer capable of arousing an immediate association with the goods for which it is registered or used. This concept of detriment is sometimes referred to as ‘tarnishment,’ and means that the goods for which the infringing sign is used, appeals to the public’s senses which accordingly affects the mark’s power of attraction. Reputation The justification for the laws protecting trade marks focuses on the recognition and their quality. Kur stated that reputation could be claimed by ‘a trademark with a relatively low degree of renown, yet which possesses an attractive, strongly associative image’. The question of the reputation needed by a trade mark to qualify for protection was decided by the ECJ in General Motors Corporation v Yplon . It was stated in this case that the stronger the earlier mark’s distinctive character and reputation, the easier it will be to find that detriment has been caused to it. The ECJ held that the words has a reputation in Section 5(3) of the Trade Marks Act, Article (4)(4)(a) of the 89/104 directive and Article 8(5) of regulation 40/94 require the mark known only by a significant part of the public concerned by the products or services covered by it. To oppose a trade mark under Article 8(5) a challenger must prove in the case of an earlier Community trade mark the trade mark has a reputation in the Community and, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned. The Court held that a national Court when is deciding whether a mark had a reputation has to take into account facts like ‘the market share held by the trade mark, the intensity, geographical extent, and duration of its use, and the size of the investment made by the undertaking in promoting it’. In Hag II the Advocate General stated that trade marks found their justification ‘in a harmonious dove-tailing between public and private interests’, the right purpose of the law being to protect the ‘clarity of the signal transmitted by the mark’. The CFI in Spa Monopole v OHIM-Spa finders , held in that the reputation for certain goods or services can not be extended to other goods and services. The Court held that the reputation for mineral waters could not constitute the evidence of reputation for goods in class 3 (namely soaps, perfumery and cosmetics) and that ‘the proprietor of the earlier mark is not required to demonstrate actual and present harm to his mark. He must adduce prima facie evidence of a future risk, which is not hypothetical, of unfair advantage or detriment’. Marks with Reputation on Similar or Dissimilar Goods Section 5(3) of the 1994 Act has been amended to mirror section 10(3) which is relevant to goods and services that are dissimilar to those of the relevant registration. There is no need for there to be any ‘likelihood of confusion’ for an infringement under section 10(3). It was considered in Davidoff Cie SA and Zino Davidoff SA v Gofkid Ltd that a well known mark should receive the same protection where the goods are similar as it receives where the goods are dissimilar. The Court held that member states were entitled to provide specific protection for registered trade marks with a reputation in cases where a later mark or sign, which is identical with or similar to the registered mark, is intended to be used or is used for goods or services identical with or similar to those covered by the registered mark. In Adidas v Fitnessworld the ECJ held that ‘it is sufficient for the degree of similarity between the mark with a reputation and the sign to have the effect that the relevant section of the public establishes a link between the sign and the mark’. It was considered that where a member state exercises the option under Article 4(4) (a) of the directive it is bound to grant the protection in question in cases of use by a third party of a later mark or sign which is identical with or similar to the registered mark with a reputation, in relation to goods or services which are not similar and to goods or services which are identical with or similar to those covered by that mark. In this case the Court stated that ‘Article 5(2) of the directive establishes, for the benefit of trade marks with reputation, a form of protection whose implementation does not require the existence of likelihood of confusion’. The ECJ considered that Article 5(2) of the Directive must be interpreted in the sense that, where the sign is used for identical goods or services, a mark with a reputation must benefit from protection which as extensive as where a sign is used for non-similar goods or services. Unfair Advantage or Detriment A trade mark will not be registered where the use of the later mark must either take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark. The Court held in Spa-Finders that ‘Unfair advantage encompasses cases of clear exploitation and free-riding on the coat-tails of a famous mark or an attempt to trade upon its reputation, unfairly drawing on and profiting from an earlier mark owner’s goodwill and investment in promotion’. Detriment could take the form of tarnishing or blurring. The association between two marks and between the goods or services to which they relate could be detrimental to the strength and reputation of the earlier mark if it tarnished it by association or made it less distinctive. Evidence of reputation can go a long way toward proving unfair advantage or detriment. Unfair Advantage of the Earlier Mark Advocate General Jacobs in the Adidas case considered that the concept of ‘unfair advantage of distinctive character or repute’, as found in Article 5(2) of the EC Trademark Directive was ‘intended to encompass instances where there is clear exploitation and free-riding on the coattails of a famous mark or an attempt to train upon its reputation’. The CFI in Sigla, stated that the unfair advantage of the repute takes place where there is a risk that the image of the mark with a reputation or the characteristics which it projects are transferred to the goods covered by the second mark, with the result that the marketing of those goods is made easier by that association with the earlier mark with a reputation. Sir Thomas Bingham, in Taittinger SA v Allbev, stated that it would be unfair to allow others to ‘cash in on the reputation that they had done nothing to establish’. In L’Oreal SA v Bellure NV , the defendants were a cosmetic company who were trying to pass off their brand as that of L’Oreal’s. The L’Oreal trade mark is very popular. Jacob LJ looked at the importance of unfair advantage and stated that the relation between the defendants’ packaging and the registered marks, if established, would give an advantage on the defendants. He gave as an example of unfair advantage, where a well known mark in one field is used by another in a same field and therefore excludes the chance for the owner of the registered mark to move into that field in the future. In Akteselkabet af 21 November 2001 v OHIM, the earlier mark benefited from a reputation for ‘apparatus for recording transmission or reproduction of sound or images’ and evidence has been given of its use in sporting events, while the other trade mark was applied for clothing. It was considered by the CFI that as the public was familiarized to seeing the TDK mark on clothing related to sporting events, the use of the second sign on clothing could make the public to believe that such clothing was manufactured by, or under licence from, the owner of the TDK mark. Detrimental to the Distinctive character of the earlier mark It was held in Spa-Finders that there is detriment where the earlier mark is no longer able of beginning direct association with the goods for which it is registered and used. The CFI held that the existence of a link between the marks Spa and Spa-Finders in the mind of the relevant public is not enough to show the risk of detriment to the distinctive character. The Court in Intel Corporation Inc v CPM United Kingdom Ltd said that article 4(4)(a) of the Directive was to be interpreted as meaning that whether there was a link between the earlier mark with a reputation and the later mark was to be assessed globally, taking into account all the relevant factors which included the fact that, for the average consumer, who was reasonably well informed, observant and circumspect, the later mark called the earlier mark with a reputation to mind was tantamount to the existence of such a link between the conflicting marks. It was held in Intel that ‘the fact that the earlier mark had a reputation for certain types of goods or services, and those goods or services and the goods or services for which the later mark was registered were dissimilar or dissimilar to a substantial degree, and the earlier mark was unique in respect of any goods or services, did not necessarily imply that there was a link between the marks’. Jacob LJ thought that there should be more than a ‘mere calling to mind’ of the earlier mark by the average consumer when confronted with the later mark on dissimilar goods. Any detriment should be to the distinctiveness of the earlier mark in relation to the goods and services it covers, no to its attractiveness more generally. The more unique the earlier mark appeared, the greater the likelihood that the use of a later identical or similar mark would be detrimental to its distinctive character. Detriment to the Repute In Claeryn v Klarein the Court considered that the concept of detriment to the repute of a trade mark, often referred to as degradation or tarnishment of the mark, describes the situation where the goods for which the infringing sign is used, appeal to the publics senses in such a way that the trade marks power of attraction is affected. The case of Sigla SA v OHIM, explained that the detriment to the repute occurs where the goods or services, for which the reputed trademark is unjustifiably used, have a quality or a value which may have a negative influence on the image of the earlier mark with reputation. The CFI held in Spa-Finders that there is no ‘antagonism’ between the goods and services covered by the marks which might be detrimental to the repute of Spa mineral waters. The Court notes that it is unlikely that the mark Spa-Finders will tarnish the image of the Spa mark. These marks designate different goods consisting, in mineral waters and, on the other hand, in publications and travel agency services. The Court find that it is unlikely that the goods and services covered by the mark Spa-Finders, even if they turn out to be of lower quality, would diminish the power of attraction of the mark Spa. The closer the goods are the easier to prove a detriment to the repute will be. Without Due Cause When an opponent has established that its earlier trade mark has a reputation, and that use of the applicant’s mark will take unfair advantage of, or to be detrimental to, the earlier mark, the obligation then falls upon the applicant to show that the use would not be without due cause. Jacob LJ noted in L’Oreal v Bellure that the onus of establishing due cause lies with the defendant. In the Nasdaq Stock Market Inc case the CFI held that Nasdaq was distinctive and conveyed an image of modernity which was attractive and relevant to the stock market and to other goods such as the applicant’s. It was considered that the applicant had not established that its use of the trade mark would be founded on due cause within the meaning of Article 8(5), and the Court held that there was no due cause for the applicants use of the sign. The Court in Premier Brands UK v Typhoon Europe, applied the criterion from found that Typhoo was an established brand of tea with a reputation and that the defendant used its mark without due cause. It was held that there would be no likelihood of confusion but proceedings commenced in relation to section 10(3), on the idea that the goods in subject were dissimilar. Neuberger J held that the phrase ‘without due cause’ required an applicant to show some reasonable grounds for using its sign in relation to its goods even this was unfair or detrimental to the earlier mark. Good faith would not justify the registration of a mark. In Hollywood SAS v Souza Cruz SA it was held that ‘the condition of due cause is not fulfilled merely by the fact that the sign is suitable for identifying the products for it is used, the applicant has already used this sign for these or similar products within and outside the territory of the community or the applicant invokes a right ensuring from a filing over which the filing by the proprietor of the opposing trade mark takes precedence’. These factors are guidelines which may the Court use in balancing the competing interests present in dilution cases. Conclusion A trademark is a powerful right. For many businesses, a Trade Mark is a valuable asset which plays a key role in the commercial success of the business. Reputation can improve the distinctiveness of the mark and increase its scope of protection. Trade marks act as a motivation to sustain quality since they act as a guarantee to the consumer. The ECJ has treated the requirement that the trade mark must have a reputation as a threshold that can be included into a global appreciation. As the ECJ has interpreted it, the additional zone identifies that the economic value of a trade mark can reflect ability for doing something more than presenting its important meaning and that this ability can require certain legal protection.

Epicurus Essay -- Papers Philosophy Happniess

Epicurus Epicurus was a philosopher who was believed to be the one with all the answers to life. He encouraged the Ideal of Good Life, to live simple lives by seeking pleasure and avoiding pain. Epicurus views worries as unnecessary and unnatural desires. If these desires are avoided, he believes that all worries will be eliminated. Epicurus' metaphysical theory was based on Democritus's view of atoms. They were monists who believed all is matter, the soul is equivalent to the mind and comes apart at death. I feel that Epicurus' extravagance leads to pain, not pleasure; and, therefore, should be avoided. According to Epicurus, the purpose of life is happiness; and by happiness he means not that state of well being and perfection, but pleasure itself. The Epicurean goal to happiness was ataraxia, freedom from inner disturbance. Epicurus acknowledges the issue of pain caused by owning many material possessions. He believes that even though these possessions may make us happy, the long-term pleasure will not exist. Having many great possessions cause people to be happy, but then they want more and more, which means they will never reach happiness. I feel this point is true to some extent. Although quality of life is a very important point made by Epicurus, quantity also plays a big role. Epicurus takes this to the extreme level of never giving ones self any luxury at all. Everyone who lives on the earth has their good and bad days, when it is a bad day, as human beings we deserve to splurge every once in a while. We work hard here as humans and deserve some kind of replenishme nt for it, weather it is material, physical, emotional, or whatever else it is that one wants. Epicurus believes pleasure is the standar... ...o that is what we should have. Thirdly, unnecessary desires are vain and will not cause pain if absent. According to Epicurus, it is unnecessary to desire sex. I strongly disagree with this point because it is natural to have the urge for sexual interactions and necessary to fulfill them or else reproduction would not occur. It seems to me that Epicurus was the type of person who just wanted to live the life he was supposed to live so he could live life in the best possible way. Even though his beliefs were mostly unrealistic, his intent was to make it possible to live worry free. I feel that if Epicurus lived in today's society, he would have a completely different philosophy. Epicurus did not have enough information to back up all of his theories, and with our world today, he would have thought differently about his philosophy, ideal of the Good Life.