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masterpeice resume SUPREME COURT OF CANADA. Citation: Masterpiece Inc. Easyjet Case. v. Alavida Lifestyles Inc., 2011 SCC 27 ,  2 S.C.R. 387. Alavida Lifestyles Inc. International Trademark Association. Coram: McLachlin C.J. and The Greesboro, Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. Reasons for Judgment: Rothstein J. (McLachlin C.J. and Binnie, LeBel, Fish, Charron and Cromwell JJ. concurring)
Masterpiece Inc. v. Alavida Lifestyles Inc. , 2011 SCC 27,  2 S.C.R. 387. Masterpiece Inc. Appellant. Alavida Lifestyles Inc. Respondent. International Trademark Association Intervener.
Indexed as: Masterpiece Inc. Case Study. v. Alavida Lifestyles Inc. 2010: December 8; 2011: May 26. Present: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. on appeal from the federal court of appeal. Intellectual property Trade?marks Confusion Alberta company using unregistered trade?marks prior to Ontario companys registration of similar trade?mark Alberta company applying to The Greesboro Four expunge Ontario companys trade?mark registration from register of trade?marks Whether location where mark used is relevant to confusion analysis What considerations are applicable in assessment of resemblance between proposed use trade?mark and existing unregistered trade?mark How nature and cost of wares or services affects confusion analysis Use of expert evidence in confusion analysis Trade?marks Act, R.S.C. 1985, c. T?13, ss. 6 , 16(3) , 17 , 19 , 20 , 21 , 30 , 35 , 40(2) , 57(1) . Masterpiece Inc. and Alavida Lifestyles Inc. Study. (Alavida) are both involved in the retirement residence industry. Since 2001, Masterpiece Inc., operating in Alberta, has used several unregistered trade?marks, including Masterpiece the Art of in lord flies, Living.
Alavida, operating in Ontario, entered the market in 2005 and applied to register the trade?mark Masterpiece Living on December 1, 2005 on the basis of a proposed use. Alavida began using this trade?mark in January 2006. Shortly after Alavidas application, Masterpiece Inc. Case Study. also began using Masterpiece Living and applied to register it and the word Masterpiece as its trade?marks in 2006. Because of Alavidas prior application, which was eventually granted, Masterpiece Inc.s applications were denied. Good. Masterpiece Inc.s subsequent application to expunge Alavidas registration was dismissed by the trial judge who concluded that there was no likelihood of confusion between Alavidas and easyjet study, Masterpiece Inc.s marks. They Carried Devices. That decision was upheld on appeal.
Held : The appeal should be allowed and Alavidas registration should be expunged. This case concerns the basic approach and criteria applicable to the confusion analysis and in easyjet case study particular, whether there was a likelihood of confusion between Alavidas trade?mark and Masterpiece Inc.s trade?name and trade?marks pursuant to s. 6 of the Trade?marks Act . The test is whether, as a matter of first impression, the casual consumer somewhat in a hurry who encounters the Alavida trade?mark, with no more than an imperfect recollection of any one of the Masterpiece Inc. Marrage Constitutionality. trade?marks or trade?name, would be likely to study think that Alavida was the same source of is mercantilism, retirement residence services as Masterpiece Inc. Section 6(5) sets out the required approach to a confusion analysis. All surrounding circumstances must be considered, including: (a) the inherent distinctiveness of the trade?marks or trade?names and extent to which they have become known; (b) the easyjet length of time the sports trade?marks or trade?names have been in use; (c) the nature of the wares, services or business; (d) the nature of the trade; and case, (e) the Essay And Its degree of resemblance between the trade?marks or trade?names in appearance or sound or in the ideas suggested by them. The first issue to be determined is easyjet case study, whether the location where a mark is used is relevant when considering the likelihood of what in history, confusion between a registered trade?mark and a prior unregistered one. Study. Generally, pursuant to s. 19 , the owner of a registered trade?mark is entitled to the exclusive use of that mark throughout Canada. The test for the things carried rhetorical confusion is based upon the hypothetical assumption that the trade?names and easyjet study, trade?marks are used in the same area, irrespective of whether this is actually the case. Essay. In order for the owner of a registered trade?mark to study have exclusive use of the trade?mark throughout Canada, there cannot be a likelihood of confusion with another trade?mark anywhere in Four Essays the country. Study. For this reason, the location where the marks were actually used is not relevant. The second question involves the considerations applicable in the assessment of the resemblance between a proposed use trade?mark and an existing unregistered trade?mark.
It is the use of a trade?mark and not registration itself that confers priority of title and the exclusive right to the trade?mark. What Is Mercantilism. Rights are granted to the first user of a trade?mark in two ways under the easyjet case Act. First, under s. 16, a party normally gains a priority right to register a trade?mark when it first uses that trade?mark. They Rhetorical. Second, a user is also able to oppose applications, or apply to expunge registrations based on its earlier use of a confusing trade?mark. Section 16(3) of the Act recognizes the right of a prior user against any application for easyjet case study registration based upon subsequent use.
Masterpiece Inc. could apply to expunge Alavidas trade?mark pursuant to s. 16(3) of the Act on the grounds of likelihood of confusion between Alavidas trade?mark and any of its trade?marks that had been in use before December 1, 2005. Further, Masterpiece Inc. was entitled to have each of its marks separately compared to Alavidas Masterpiece Living. The trial judge erred in undertaking a single composite analysis, considering resemblance between Masterpiece Living and all of Masterpiece Inc.s trade?marks and trade?name generally. Most confusion analyses should commence with an assessment of the resemblance between the marks in issue. The trial judge erred in considering Alavidas actual use of rhetorical devices, its mark rather than addressing the entire scope of exclusive rights and potential uses that were granted to Alavida under its registration.
His approach did not recognize that Alavida was entitled to use the protected words in any form including a format that closely resembled Masterpiece Inc.s marks. Here, because Alavidas proposed trade?mark is only the words Masterpiece Living, the easyjet case study difference or similarity with each of Masterpience Inc.s trade?marks and trade?name must be assessed on the basis of these words alone. The striking or unique aspect of sports psychology, each trade?mark is the word Masterpiece. The idea evoked by each is also the same: high quality retirement lifestyle. Clearly, there is a strong resemblance between Masterpiece the easyjet case study Art of Living and Masterpiece Living. A third issue is what effect the nature of the business and cost of the wares or services has in the confusion analysis. Here, the on Gay Marrage Constitutionality trial judge erred in considering that consumers of expensive goods and services would generally take considerable time to case inform themselves about the source of those goods and services to suggest a reduced likelihood of confusion.
Confusion must instead be assessed from the perspective of the first impression of the consumer approaching a costly purchase when he or she encounters the trade?mark. The possibility that careful research could later remedy confusion does not mean that no confusion ever existed or that it would not continue to exist in good in lord of the the minds of consumers who did not carry out that research. The trial judges consideration should have been limited to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. Case Study. marks, would have reacted. What Is Mercantilism In History. In circumstances where a strong resemblance suggests a likelihood of confusion, and case study, the other s. 6(5) factors do not point strongly against a likelihood of confusion, cost is unlikely to lead to The Greesboro a different conclusion. A final issue is the role of expert evidence in the trade?mark confusion analysis. Generally, an expert should only be permitted to testify if the testimony is likely to be outside the experience and knowledge of the judge. Where the easyjet case study casual consumer is not particularly knowledgeable and there is they rhetorical devices, a resemblance between the marks, expert evidence that simply assesses that resemblance will not usually be necessary. Judges should consider the easyjet case marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade?mark, using their own common sense, to on Gay And Its Constitutionality determine whether the casual consumer would be likely to easyjet study be confused when first encountering the trade?mark. In this case, Alavidas expert engaged in a discussion of what in history, morphology and semantics instead of considering the marks as a whole.
He also based his analysis on Alavidas actual post?registration use, rather than the full scope of rights granted to Alavida under its registration. Masterpiece Inc.s survey was similarly unhelpful because it attempted to simulate consumers with an imperfect recollection when none was available. For this reason, the survey was not a valid assessment of the relevant question. Judges should be careful to question the easyjet study necessity and relevance of such evidence, perhaps as part of a case management process, particularly in light of the substantial cost of evidence that may be of little utility. Considering all the circumstances of the case, and particularly the strong similarity between Alavidas Masterpiece Living and Masterpiece Inc.s Masterpiece the Art of Living, Masterpiece Inc. has proven that the use of Alavidas trade?mark in the same area as those of Masterpiece Inc.s would be likely to lead to Four the inference that the case services associated with Masterpiece Inc.s trade?marks were being performed by Alavida. Because Masterpiece Inc.s use preceded Alavidas proposed use, Alavida was not entitled under s. 16(3) to registration of its trade?mark and it should be expunged from the register. Applied: Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22,  1 S.C.R. 772; Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23,  1 S.C.R.
824; Housen v. Nikolaisen , 2002 SCC 33,  2 S.C.R. 235; Hollis v. Dow Corning Corp. ,  4 S.C.R. 634; considered: R. v. Mohan ,  2 S.C.R. 9; Ultravite Laboratories Ltd. The Things Rhetorical Devices. v. Whitehall Laboratories Ltd. ,  S.C.R. 734; esure Insurance Ltd. v. Case Study. Direct Line Insurance plc , 2008 EWCA Civ 842,  R.P.C. 34; General Electric Co. v. What In History. The General Electric Co. Ltd. ,  All E.R. 507; referred to: Partlo v. Todd (1888), 17 S.C.R.
196; Benson Hedges (Canada) Ltd. v. St. Regis Tobacco Corp. ,  S.C.R. Case. 192; Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511, affd (1988), 19 C.P.R. (3d) 331; Mr. Submarine Ltd. v. Amandista Investments Ltd. ,  3 F.C. Carried Devices. 91; Conde Nast Publications Inc. v. Union des editions modernes (1979), 46 C.P.R. (2d) 183; General Motors Corp. v. Bellows ,  S.C.R.
678. Statutes and case study, Regulations Cited. Trade-marks Regulations , SOR/96?195 . Gill, Kelly, and R. Scott Jolliffe. Fox on Canadian Law of Trade?marks and Unfair Competition , 4th ed. Toronto: Carswell, 2002 (loose-leaf updated 2006, release 2). Hughes, Roger T., and Toni Polson Ashton. Hughes on Trade Marks , 2nd ed. Markham, Ont.: LexisNexis, 2005 (loose?leaf updated 2010, release 22). Shorter Oxford English Dictionary on Historical Principles , 5th ed. Oxford: Oxford University Press, 2002, resemblance.
Vaver, David. Intellectual Property Law: Copyright, Patents, Trade?marks , 2nd ed. Toronto, Ont.: Irwin Law, 2011. APPEAL from a judgment of the Federal Court of sports psychology, Appeal ( Sexton, Layden?Stevenson and Trudel, JJ.A.), 2009 FCA 290,  4 F.C.R. Easyjet Case Study. 243, 397 N.R. 180, 78 C.P.R. (4th) 243, 312 D.L.R. Sports. (4th) 532,  F.C.J. No.
1263 (QL), 2009 CarswellNat 3122, affirming a decision of OReilly J., 2008 FC 1412, 338 F.T.R. Easyjet Case. 168, 72 C.P.R. (4th) 160,  F.C.J. No. 1826 (QL), 2008 CarswellNat 4970. Appeal allowed. W. Clarke Hunter , Q.C. , Kelly Gill and Brandon Potter , for the appellant. Scott Miller , Sharon Griffin and Heather Gallant , for the respondent. Daniel R. Bereskin , Q.C. , and Mark L. Robbins , for the intervener.
The judgment of the Court was delivered by.  Trade-marks in Canada are an important tool to assist consumers and businesses. Techniques. In the marketplace, a business marks its wares or services as an easyjet, indication of provenance. Roast Speech. This allows consumers to know, when they are considering a purchase, who stands behind those goods or services. In this way, trade-marks provide a shortcut to get consumers to where they want to go, per Binnie J. in Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22,  1 S.C.R. Easyjet Case Study. 772, at para. 21. Where the trade-marks of different businesses are similar, a consumer may be unable to discern which company stands behind the wares or services. Confusion between trade-marks impairs the objective of providing consumers with a reliable indication of the expected source of wares or services.
This case provides this Court with the Essay Marrage And Its Constitutionality opportunity of reviewing the case study basic approach and criteria applicable to a confusion analysis between competing trade-marks under the Trade-marks Act , R.S.C. 1985, c. T-13 (Act ).  The question in roast speech this case is whether the trade-mark Masterpiece Living, proposed and subsequently registered by Alavida Lifestyles Inc. Study. (Alavida), a company entering the retirement residence industry in Ontario, was then confusing with the unregistered trade-marks or trade-name previously used by another company, Masterpiece Inc., in the retirement residence industry in Alberta.  Masterpiece Inc. contends that Alavidas trade-mark, on the date its application for registration was filed with the Canadian Intellectual Property Office, December 1, 2005, was confusing with Masterpiece Inc.s trade-name and trade-marks. It argues that Alavida was not entitled to apply for registration of of the, its mark because of its confusing similarity to Masterpiece Inc.s trade-name and easyjet case, trade-marks, which were used prior to Alavidas application. They Carried. Thus, it argues, the easyjet case study registration is invalid and should be expunged.  Masterpiece Inc. Four. was unsuccessful in the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and Federal Court of Appeal (2009 FCA 290,  4 F.C.R. 423) and now appeals to this Court.  I am of the respectful opinion that the learned trial judge and the Federal Court of Appeal in this case did not interpret and apply the criteria for determining confusion correctly.
Upon a correct interpretation and application, I conclude that Alavidas proposed trade-mark Masterpiece Living was confusing with at easyjet case study least one of Masterpiece Inc.s trade-marks when the registration application was filed on December 1, 2005. Psychology. Therefore, Alavida was not entitled to registration of its proposed mark. Because I have found confusion between one of Masterpiece Inc.s trade-marks and Alavidas mark, it is not necessary to perform a confusion analysis between the other of Masterpiece Inc.s trade-marks and its trade-name with Alavidas mark. I would allow the appeal and order the Registrar of Trade-marks to expunge Alavidas registration from the register of trade-marks.  I should make clear that this decision deals only with the question of expungement of Alavidas trade-mark registration for Masterpiece Living. Whether Masterpiece Inc. may register a trade-mark that comprises or includes the word Masterpiece will now be a matter for Masterpiece Inc. and the Registrar.  Both Masterpiece Inc. and Alavida operate in the retirement residence industry. Prior to December 2005, Masterpiece Inc. used several trade-marks which included the case study word Masterpiece, as well as its trade-name Masterpiece Inc.. Alavida entered the market near the end of 2005 and applied to good flies register the trade-mark Masterpiece Living to market its services.  Masterpiece Inc. was incorporated in easyjet study 2001.
In the years between 2001 and 2005, it undertook two retirement residence construction and psychology techniques, operation projects in Alberta and began a third. During this time, it used its corporate name, Masterpiece Inc., as a trade-name on materials including prospectuses, contracts and advertisements.  Concurrently, Masterpiece Inc. Case. used several unregistered trade-marks which involved the word Masterpiece including Masterpiece the Art of Living, Masterpiece the Art of Retirement Living, and a stylized word Masterpiece alongside a butterfly logo. It also used other marks, including the trade-mark Club Sierra, in its advertisements.  Alavida, a subsidiary of The Greesboro, Ashcroft Homes Inc., was incorporated on August 4, 2005. It applied to register the trade-mark Masterpiece Living on December 1, 2005, on the basis of a proposed use. The mark was registered unopposed on March 23, 2007.
Since January 2006, Alavida has used Masterpiece Living as its trade-mark.  Shortly after Alavidas application, Masterpiece Inc. changed its branding slightly, and began using the very same trade-mark Masterpiece Living. The result of these almost simultaneous decisions was that, beginning in 2006, there were two Canadian companies, one operating in easyjet case study Alberta, another in Ontario, using the trade-mark Masterpiece Living in the retirement residence industry.  In January 2006, Masterpiece Inc. applied to register Masterpiece as a trade-mark, and in June 2006, it applied to register the trade-mark Masterpiece Living. As a result of Alavidas prior application, which was eventually granted, Masterpiece Inc.s applications for both the trade-mark Masterpiece Living and the trade-mark Masterpiece were denied, as the Registrar concluded that they were confusing with Alavidas trade-mark Masterpiece Living.  On March 16, 2007, Masterpiece Inc. Essay And Its Constitutionality. commenced this application to case study expunge Alavidas registration. It appears that Masterpiece Inc. did not oppose Alavidas application. However, it was not argued that its failure to do so had any impact on in history, the expungement proceedings. III. Federal Court.
 OReilly J. dismissed Masterpiece Inc.s application to expunge the Alavida trade-mark.  He found that if Alavidas trade-mark was confusingly similar to any trade-marks or trade-names that had previously been used, Alavida would not be entitled to the registration. He held that when considering whether a confusing mark was used prior to an application, the relevant date is the date of filing of the easyjet case study application (para. 9).  The trial judge found that Masterpiece Inc. had shown some use of the trade-name Masterpiece and related marks including the word Masterpiece prior to Alavidas application (at para. Psychology. 19 (emphasis in case study original)), although he found the use was rather sporadic. He then considered whether there was a likelihood of confusion, under s. 6(5) of the Act , between Alavidas trade-mark and these prior marks on the date of filing of Alavidas application for registration.  In conducting the confusion analysis under s. 6(5) of the Act , he found that the word Masterpiece in association with retirement residences or services was somewhat inherently distinctive (para. The Things Rhetorical. 41), but that there had been no acquired distinctiveness through use in easyjet any of Masterpiece Inc.s marks on vs evil in lord, the relevant date (para.
42). On the issue of the resemblance between the marks, the study trial judge accepted observations made by one of the things carried, Alavidas experts that Alavidas post-registration use of its marks differed from Masterpiece Inc.s use of its marks, both in design and in the focus of the advertisements. He found that although there was obviously a degree of case study, resemblance as between the two companies marks, these differences in use served to reduce the likelihood of confusion (para. 46). He also observed that the choice of they rhetorical devices, retirement residence was an important and expensive decision. As a result, consumers could be expected to research their decisions carefully, which would also reduce the likelihood of confusion.  On the basis of these considerations, he concluded that Masterpiece Inc. had not established that there was a likelihood of confusion between its trade-name and easyjet study, trade-marks and Alavidas registered trade-mark. IV.
Federal Court of Appeal.  At the Federal Court of Appeal, Sexton and Trudel JJ.A., writing for The Greesboro Four the court, dismissed Masterpiece Inc.s appeal.  The Court of Appeal upheld the findings of the trial judge that the relevant date for the confusion analysis was the date of easyjet study, filing of Alavidas trade-mark application, December 1, 2005. This finding was then applied to in lord of the flies reject evidence presented by Masterpiece Inc. that by December 1, 2005, it had unexecuted plans to easyjet study expand into the central Canadian market. The court found that the possibility of future confusion was not relevant to the assessment of they carried rhetorical, confusion under the case Act , and therefore Masterpiece Inc.s intention to expand its operations into new markets was irrelevant. It stated, at on Gay And Its para. 22: At the date of filing of the respondents trade-mark, the appellant did not sell its product in the same market as the respondent. Easyjet Study. This Court need not consider the what appellants plans for expansion after that date.  The balance of the case Court of Appeal reasons also generally agreed with the trial judges approach to the confusion analysis, and found no palpable and overriding errors in they rhetorical his consideration of the evidence. Thus, it held that Alavidas registration should be maintained and dismissed Masterpiece Inc.s appeal.
V. Issues on easyjet, Appeal.  There are four issues for consideration by this Court: 1. Is the location where a mark is used relevant when considering the likelihood of confusion between an sports, applied for or registered trade-mark and easyjet case, a prior unregistered trade-mark or trade-name? 2. What considerations are applicable in the assessment of the roast speech resemblance between a proposed use trade-mark and easyjet case study, an existing unregistered trade-mark? 3. When considering the nature of the trade under s. The Things They Carried. 6(5) of the Act , what effect does the nature and cost of the wares or services have on easyjet case study, the confusion analysis? 4. When should courts take into account expert evidence in trade-mark or trade-name confusion cases?
 Sections of the Act relevant to this appeal are reproduced in good vs evil flies the Appendix at the conclusion of case study, these reasons. A. The Things They Devices. Is the Location Where a Mark Is Used Relevant When Considering the easyjet study Likelihood of Confusion Between an The Greesboro Four Essays, Applied for or Registered Trade-Mark and a Prior Unregistered Trade-Mark or Trade-Name?  In the Federal Court of easyjet, Appeal, a major focus in the reasons was whether Masterpiece Inc.s plan to expand into eastern Canada, which could lead it into direct competition with Alavida, was relevant to roast speech the determination of easyjet case, confusion. While those plans have now been executed, and Masterpiece Inc. is what is mercantilism, operating in the retirement residence industry in Quebec, on December 1, 2005, they were merely plans.  The Federal Court of Appeal concluded that these plans were not relevant. However, in doing so, it distinguished several authorities which Masterpiece Inc. submitted to support the relevance of study, its plans. Some of what in history, these authorities suggested that the geographical location where two trade-marks are used or proposed to be used does not affect the easyjet study likelihood of confusion.  Distinguishing these authorities could be seen as an acceptance that the geographical locale in which marks are used or proposed to Essay on Gay be used is relevant for determining whether there is a likelihood of confusion. Indeed, in this Court, there was an intervention by the International Trademark Association which sought to address only this point. Easyjet Case. If it were true that geography was relevant, then Alavida could claim that there was no confusion between its marks and Masterpiece Inc.s marks because on December 1, 2005, Masterpiece Inc. was only operating in Alberta, while it was operating in Ontario.  While it is not entirely clear that the Federal Court of Appeals reasons should be read as suggesting that geography is relevant, I would take this opportunity to dispel any doubt on Essay on Gay Marrage And Its, this point.
 The Canadian trade-marks regime is study, national in scope. The owner of roast speech, a registered trade-mark, subject to easyjet case study a finding of invalidity, is entitled to the exclusive use of that mark in association with the what in history wares or services to easyjet study which it is connected throughout Canada. Section 19 of the techniques Trade-marks Act provides: 19. Subject to easyjet study sections 21 , 32 and 67 , the registration of a trade-mark in respect of any wares or services, unless shown to Essay Constitutionality be invalid, gives to the owner of the trade-mark the exclusive right to the use throughout Canada of the trade-mark in respect of those wares or services.  With respect to confusion, ss. 6(1) and easyjet case study, (2) of the roast speech Trade-marks Act provide: 6. (1) For the study purposes of this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the use of the first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and Essay Marrage And Its, circumstances described in this section. (2) The use of a trade-mark causes confusion with another trade-mark if the study use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. Section 6(3) deals with trade-mark confusion with a trade-name and 6(4) with trade-name confusion with a trade-mark.
In subsections (2), (3) and (4), the Four Essays same formula is used if the use of both . . . in the same area would be likely to lead to the inference.  It is immediately apparent from these words, if the use of both . . . in the same area, that the test for study confusion is Essay Marrage, based upon the hypothetical assumption that both trade-names and trade-marks are used in the easyjet same area, irrespective of whether this is actually the case. As a result, geographical separation in Four the use of otherwise confusingly similar trade-names and trade-marks does not play a role in this hypothetical test. This must be the case, because, pursuant to s. 19 , subject to exceptions not relevant here, registration gives the owner the exclusive right to the use of the trade-mark throughout Canada.  In order for case the owner of a registered trade-mark to have exclusive use of the trade-mark throughout Canada, there cannot be a likelihood of what is mercantilism in history, confusion with another trade-mark anywhere in the country.  Section 16(3) confirms this conclusion, stating that an applicant for a proposed mark will be entitled to registration unless at the date of filing the trade-mark it is confusing with a trade-mark or trade-name that had been previously used in Canada. Section 16(3) provides: (3) Any applicant who has filed an application in accordance with section 30 for easyjet registration of a proposed trade-mark that is registrable is entitled , subject to And Its Constitutionality sections 38 and 40 , to secure its registration in case study respect of the roast speech wares or services specified in the application, unless at the date of filing of the application it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in case Canada by any other person.  Whether in Essay on Gay Constitutionality assessing trade-mark infringement under s. Study. 19 or entitlement under s. 16, the the things they devices test for easyjet likelihood of confusion is the same.
The application of the hypothetical test reflects the legislative intent to provide a national scope of protection for sports psychology registered trade-marks in Canada (see D. Vaver, Intellectual Property Law: Copyright, Patents, Trade-marks (2nd ed. 2011), at p. 536). B. What Considerations Are Applicable in the Assessment of the Resemblance Between a Proposed Use Trade-Mark and an Existing Unregistered Trade-Mark?  To clarify the proper approach to assessing the case resemblance between a proposed use trade-mark and what is mercantilism, existing unregistered marks, it will be useful to address a number of issues: (1) the relationship between use and registration; (2) the test for confusion; (3) the necessity to consider each mark separately; (4) the approach to testing for easyjet resemblance; (5) the necessity to consider the proposed use trade-mark according to its terms, rather than by its actual use; (6) the requirement to assess the psychology techniques unregistered marks according to their actual use; and. (7) the resemblance between the trade-marks in issue.
While these issues are relevant in case study this case, they are not intended to be an good of the, exhaustive list of all considerations that are relevant in assessing resemblance. (1) The Relationship Between Use and Registration.  At the outset, it is easyjet case study, important to recall the relationship between use and registration of a trade-mark. Registration itself does not confer priority of the things they devices, title to a trade-mark. At common law, it was use of case study, a trade-mark that conferred the exclusive right to the trade-mark. While the Trade-marks Act provides additional rights to of the a registered trade-mark holder than were available at common law, registration is only available once the right to the trade-mark has been established by use.
As explained by Ritchie C.J. in easyjet case Partlo v. Todd (1888), 17 S.C.R. 196, at p. 200: It is not the registration that makes the party proprietor of a trade-mark; he must be proprietor before he can register . . The Things They Carried. . .  That principle established under Canadas early trade-mark legislation continues under the easyjet study present Act . Rights arising from use have been incorporated into they carried rhetorical, the Act by granting rights to study the first user of a trade-mark in two ways. First, under s. Sports. 16 , a party normally gains a priority right to register a trade-mark when it first uses that trade-mark. Second, a user is also able to oppose applications or apply to expunge registrations based on its earlier use of a confusing trade-mark. This explains why an unregistered trade-mark of case study, Masterpiece Inc. can be the basis of a challenge to Alavidas subsequent registration application.
Section 16(3) of the Essay Constitutionality Act recognizes the right of a prior user against any application for registration based upon subsequent use. Section 17(1) preserves that right, subject to certain limitations that are of easyjet case, no relevance here, where the trade-mark has been registered.  It should also be explained why Alavidas application for a proposed trade-mark on December 1, 2005, would preclude Masterpiece Inc.s subsequent trade-mark applications based on actual use. Roast Speech. As noted above, at common law, trade-mark protection only arose from actual use. Easyjet Case. However, under the current Trade-marks Act , the psychology techniques opportunity was created for an applicant to claim priority as of the date the applicant files for case a proposed but yet unused trade-mark. Registration will, however, not occur unless the applicant subsequently provides a declaration demonstrating that the proposed trade-mark was actually used within the time specified in s. 40(2) of the Act .  In this case, Alavida did provide such a declaration, with the result that its priority claim as of December 1, 2005, the roast speech date it filed its registration application, precluded Masterpiece Inc. from obtaining registration of easyjet case study, Masterpiece Living, the roast speech exact same trade-mark as Alavida, by a subsequent application based on use after December 1, 2005. Instead, it would have had to oppose Alavidas application or would have to apply to expunge Alavidas trade-mark registration on the grounds of likelihood of confusion between Alavidas trade-mark and case study, its trade-marks or trade-name that had been in use before December 1, 2005. Because Masterpiece Inc. did not oppose Alavidas application, which was granted, the only remedy open to Masterpiece Inc. was to apply to is mercantilism in history have Alavidas mark expunged. If successful, this remedy would allow Masterpiece Inc.s application for registration of its own trade-marks to be considered on its merits by the Registrar of Trade-marks. (2) The Test for Confusion.
 The question at the centre of this case is whether there was confusion between Alavidas and Masterpiece Inc.s trade-marks or trade-name in terms of s. 6 of the Act . In my respectful opinion, the learned trial judge erred in law when conducting the confusion analysis, and easyjet study, thereby erred in his conclusion that Masterpiece Inc. had not established confusion between its trade-name and trade-marks and Alavidas now registered trade-mark.  At the outset of Four Essays, this confusion analysis, it is useful to bear in mind the easyjet case test for confusion under the Trade-marks Act . In Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23,  1 S.C.R. 824, Binnie J. restated the traditional approach, at para. The Things. 20, in the following words: The test to be applied is a matter of first impression in the mind of a casual consumer somewhat in a hurry who sees the [mark], at easyjet study a time when he or she has no more than an imperfect recollection of the [prior] trade-marks, and does not pause to give the matter any detailed consideration or scrutiny, nor to examine closely the roast speech similarities and differences between the marks. Binnie J. referred with approval to the words of Pigeon J. in Benson Hedges (Canada) Ltd. Easyjet Study. v. St. Regis Tobacco Corp. ,  S.C.R. 192, at p. 202, to sports techniques contrast with what is not to easyjet study be done a careful examination of competing marks or a side by side comparison.  In this case, the sports psychology techniques question is whether, as a matter of first impression, the casual consumer somewhat in a hurry who sees the Alavida trade-mark, when that consumer has no more than an imperfect recollection of any one of the study Masterpiece Inc. trade-marks or trade-name, would be likely to be confused; that is, that this consumer would be likely to is mercantilism think that Alavida was the same source of retirement residence services as Masterpiece Inc.
(3) The Necessity to Consider Each Mark Separately.  As noted above, the easyjet study basis for Masterpiece Inc.s claim under s. 16(3) of the Act is that the trade-mark for which Alavida applied was confusing with any trade-mark or the trade-name it had used prior to December 1, 2005.  Under s. 16(3), even one confusingly similar trade-mark or trade-name will invalidate Alavidas registration. In pleading several potentially confusingly similar trade-marks and trade-names, Masterpiece Inc. presented several distinct bases for an invalidation of Alavidas registration.  Section 6(5) of the Act sets out the required approach to a confusion analysis. All surrounding circumstances must be considered including: ( a ) the inherent distinctiveness of the trade-marks or trade-names and the extent to roast speech which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the nature of the wares, services or business; ( d ) the nature of the trade; and. ( e ) the degree of resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by them.  Some of the s. Easyjet Case. 6(5) factors that guide the confusion analysis will be the vs evil in lord same for easyjet case each of the trade-marks and what, trade-name in this case. For example, all of the evidence suggests that Masterpiece Inc. only engaged in the retirement residence industry and used all of its marks in relation to that industry.
In others, each mark will have to easyjet study be considered separately. For example, because the Masterpiece Inc. trade-marks are different in content from one another, and are different from the carried rhetorical devices trade-name, it will be necessary to easyjet study consider the similarity of Alavidas proposed trade-mark, Masterpiece Living, to each of the trade-marks and trade-name for which Masterpiece Inc. has established use.  The trial judge found that Masterpiece Inc. demonstrated that it had used the trade-name Masterpiece and the trade-marks Masterpiece the Art of Retirement Living and Masterpiece the is mercantilism Art of Living. Alavidas application for registration was for easyjet the trade-mark Masterpiece Living. It was therefore necessary to compare Alavidas Masterpiece Living with each of Masterpiece Inc.s trade-marks and trade-name separately.  However, instead of undertaking a separate resemblance analysis comparing each of Masterpiece Inc.s marks and Four, trade-name with Alavidas mark, the trial judge undertook a single composite analysis. He only considered the issue of resemblance between Masterpiece Living and all of Masterpiece Inc.s trade-marks and trade-name generally. Easyjet Case Study. At para.
46, he stated: There is obviously a degree of resemblance as between Masterpiece Inc.s trade-name and marks and Alavidas registered mark for Masterpiece Living. However, as part of the overall circumstances, I note that Alavidas use of Four, Masterpiece Living has been in the nature of a slogan accompanying its corporate identity. Easyjet. By contrast, Masterpiece Inc. uses Masterpiece to what is mercantilism in history identify the company itself, along with various other words and easyjet case, phrases of far lesser prominence, alongside a distinctive butterfly logo. These differences help reduce the likelihood of confusion. [Emphasis added.]  However, under ss.
16(3) ( a ) and ( c ) of the Act , Masterpiece Inc. was entitled to assert, and have considered, any of the what is mercantilism marks or trade-name that it had used prior to December 1, 2005, as a basis to challenge Alavidas application for registration. In my opinion, the trial judge erred in not conducting the separate analysis required by case, the Act . Some of the expert evidence which treated Masterpiece Inc.s trade-marks and trade-name as a whole instead of one by one (see, e.g., paras. 21-23 and 36), may have contributed to is mercantilism this error. (4) The Approach to Testing for Resemblance.  In applying the s. Easyjet Case Study. 6(5) factors to the question of confusion, the trial judge conducted his analysis in the order of the criteria set forth in s. 6(5) , concluding with a consideration of the resemblance between the marks. While it is no error of law to roast speech do so, the degree of resemblance, although the last factor listed in s. 6(5) , is the statutory factor that is case study, often likely to have the greatest effect on The Greesboro Essays, the confusion analysis (K. Gill and case study, R. S. Jolliffe, Fox on Canadian Law of Trade-marks and Unfair Competition (4th ed. On Gay Marrage Constitutionality. (loose-leaf)), at p. Easyjet Case Study. 8-54; R. T. Hughes and T. P. Ashton, Hughes on Trade Marks (2nd ed. (loose-leaf)), at §74, p. 939). As Professor Vaver points out, if the marks or names do not resemble one another, it is unlikely that even a strong finding on the remaining factors would lead to a likelihood of confusion. The other factors become significant only once the marks are found to be identical or very similar (Vaver, at p. 532). In Lord. As a result, it has been suggested that a consideration of resemblance is where most confusion analyses should start ( ibid. ).  I will therefore first review the trial judges consideration of the degree of resemblance of the marks. (5) The Necessity to Consider the Proposed Use Trade-Mark According to Its Terms, Rather Than by Its Actual Use.
 In his analysis, the trial judge found that there was obviously a degree of resemblance as between Masterpiece Inc.s trade-name and marks and Alavidas registered mark (para. 46).  It is clear from the trial judges reasons that he took into account Alavidas actual use of its mark in comparing the Alavida and study, Masterpiece Inc. marks. For convenience, I repeat a portion of para. 46 of his reasons: However, as part of the overall circumstances, I note that Alavidas use of Masterpiece Living has been in the nature of a slogan accompanying its corporate identity.  In my opinion, the trial judges consideration of flies, Alavidas actual use of its mark was problematic.
The difficulty is that it takes into account a single form of the trade-mark that Alavida used after the relevant date. This single use did not reflect the entire scope of exclusive rights that were granted to case Alavida under its registration. As found by Binnie J. in Mattel , at para. 53: The appellant argued that the courts below erred in looking at the things the respondents actual operations rather than at the terms set out in its application for the proposed trade-mark. It is quite true that the proper focus is the terms of the application, because what is at issue is what the registration would authorize the respondent to do, not what the easyjet case respondent happens to be doing at the moment.  Alavidas registration process began on December 1, 2005, with an The Greesboro, application based on easyjet case study, proposed use. At s. 30, the Act sets out what must be included in an application for registration. When submitting the application, an applicant is required to provide a formulation of its trade-mark in addition to various other pieces of information.
The trade-mark on Essays, an application may simply be a word mark, or it may be a design, or it may be a word mark and design (for example, see the marks in Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511 (F.C.T.D.), affd (1988), 19 C.P.R. Easyjet Case Study. (3d) 331 (F.C.A.)). The application may identify the mark as being used only roast speech, with particular colours: Trade-marks Regulations , SOR/96-195. An application may also contain disclaimers, or an applicant may be required by the Registrar to include disclaimers, to limit the scope of trade-mark rights: s. 35 of the easyjet Act .  In this case, Alavidas registration (TMA 684,557) identifies the trade-mark that Alavida applied for and was subsequently registered the techniques words Masterpiece Living. This trade-mark is case study, identified only in a textual form. It would therefore permit Alavida to use the what words Masterpiece Living in any size and easyjet case, with any style of lettering, color or design.
As found by the Federal Court of Appeal in Mr. Submarine Ltd. v. Amandista Investments Ltd. ,  3 F.C. 91: Nothing restricts the appellant from changing the colour of its signs or the style of lettering of techniques, Mr. Submarine or from engaging in a telephone and case study, delivery system such as that followed by the respondent or any other suitable system for the sale of its sandwiches. The Greesboro Essays. Were it to make any of these changes its exclusive right to the use of Mr. Submarine would apply just as it applies to its use in the appellants business as presently carried on. Whether the respondents trade marks or trade names are confusing with the appellants registered trade mark must accordingly be considered not only having regard to study the appellants present business in the area of the roast speech respondents operations but having regard as well to whether confusion would be likely if the appellant were to operate in that area in any way open to it using its trade mark in case association with the sandwiches or services sold or provided in the operation. [Emphasis added; pp. 102-3.]  When engaging in a confusion analysis, it is important to keep in mind that the the things carried rhetorical exclusive rights granted by the Act refer to a registered trade-mark (ss.
19 , 20 and 21 ). Case. Where a court is called upon to decide if there is a likelihood of confusion between that registered trade-mark and any registered or previously used unregistered trade-marks, the analysis should address the proposed trade-mark for which the registration was ultimately obtained.  If the trial judge had recognized that it was open to good vs evil Alavida to use its trade-mark in any way within the scope of its registration, he would have had to conclude that the actual use by Alavida did not limit Alavidas rights. Alavida was entitled to use the words in any form.  The problem with an analysis which takes into account limited use becomes apparent by observing that the easyjet case study bare words Masterpiece Living could be presented in many ways under the registration. Nothing would prevent Alavida from altering its advertising to what is mercantilism in history highlight the word Masterpiece and give the word Living less prominence, just as Masterpiece Inc. Easyjet. had done, or from changing the font or style of lettering that it had used.  For this reason, it was incorrect in law to limit consideration to Alavidas post-application use of its trade-mark to find a reduced likelihood of confusion. Actual use is not irrelevant, but it should not be considered to the exclusion of potential uses within the registration. For example, a subsequent use that is within the scope of a registration, and is the same or very similar to an existing mark will show how that registered mark may be used in a way that is confusing with an existing mark.
(6) The Requirement to Assess the Unregistered Marks According to Their Actual Use.  As for Masterpiece Inc., because its trade-marks were unregistered on December 1, 2005, it may only rely on those trade-marks that it had actually used and the trade-name under which it had been carrying on business, and which had not been abandoned up to roast speech that date (see s. 17(1)). There is no suggestion of abandonment in this case (transcript, at case study p. Good In Lord. 17, lines 8-12). (7) The Resemblance Between the Trade-Marks in Issue.  In a case such as this, comparison can be approached by case study, considering only those characteristics that define the relevant trade-marks or trade-name.
It is only these elements that will allow consumers to distinguish between the two trade-marks or between the good flies trade-mark and the trade-name. Here, because Alavidas proposed trade-mark is only the words Masterpiece Living, the difference between or similarity with each of Masterpiece Inc.s trade-marks and trade-name must be assessed only on the basis of these words alone. In my opinion, Alavidas Masterpiece Living is closest to Masterpiece Inc.s Masterpiece the Art of Living. I think that comparing this Masterpiece Inc. trade-mark with the case Alavida trade-mark is decisive. If Alavidas mark is not likely to what is mercantilism in history cause confusion with this Masterpiece Inc. mark, it is unnecessary to consider the other Masterpiece Inc. Study. marks and trade-name which are less similar to the Alavida trade-mark. Conversely, if Alavidas trade-mark is found to be likely to the things devices cause confusion with this Masterpiece Inc. mark, it is unnecessary to test resemblance of its trade-mark with other Masterpiece Inc. trade-marks or its trade-name, although they may be relevant as part of the surrounding circumstances when likely confusion with the Masterpiece the Art of Living trade-mark is considered.  Resemblance is defined as the quality of being either like or similar; see Shorter Oxford English Dictionary on Historical Principles (5th ed. 2002), at p. 2544, under the easyjet study definition of resemblance.
The term degree of The Greesboro Four Essays, resemblance in s. 6(5) ( e ) of the Act implies that likelihood of confusion does not arise solely from identical trade-marks. [D]egree of resemblance recognizes that marks with some differences may still result in likely confusion.  The first word in both Alavidas and Masterpiece Inc.s trade-marks is the identical word Masterpiece. It has been held that for purposes of distinctiveness, the first word is important (see Conde Nast Publications Inc. v. Union des editions modernes (1979), 46 C.P.R. (2d) 183 (F.C.T.D.), at p. Easyjet Study. 188, per Cattanach J.).  While the first word may, for purposes of distinctiveness, be the most important in Four some cases, I think a preferable approach is to first consider whether there is an aspect of the trade-mark that is particularly striking or unique. Here there is nothing striking or unique about the word Living or the words the Art of Living. Masterpiece is the word that distinguishes Alavida and easyjet case study, Masterpiece Inc. from other sources of retirement residence services. It is a reasonable conclusion that Masterpiece is the dominant word in these trade-marks, and it is obviously identical as between Alavida and Masterpiece Inc.
By the same token, in the context of the retirement residence industry, the idea evoked by roast speech, the word Masterpiece, high quality retirement lifestyle, is the same for both Alavida and Masterpiece Inc. Finally, the word Living is identical as between the Alavida and Masterpiece Inc. trade-marks.  Given these striking similarities, it is, in my respectful view, very difficult not to easyjet find a strong resemblance as a whole between the two, Masterpiece Inc.s trade-marks and Alavidas trade-mark. C. The Greesboro Essays. When Considering the Nature of the Trade Under Section 6(5) of the Act , What Effect Does the Nature and Cost of the Wares or Services Have on case study, the Confusion Analysis?  A further difficulty is the trial judges consideration of the cost associated with a retirement residence. He found that consumers in the market for roast speech a retirement residence will take more care and ultimately will be less likely to be led astray by confusing trade-marks than if they were in the market for less expensive wares or services. Easyjet Case. In taking into account both the nature of the parties business under s. 6(5)( c ) and the nature of the Four trade under s. 6(5)( d ), the trial judge wrote: Turning to the nature of the business, both companies operate in the area of expensive retirement residences and services.
People take considerable care in case study choosing a residence and selecting the company that will provide it. In these circumstances, consumers can be presumed to be less susceptible to confusion about the source of the goods or services they are seeking because they are unlikely to make choices based on first impressions. They will generally take considerable time to inform themselves about the source of in lord of the flies, expensive goods and services ( General Motors Corp. v. Bellows ,  S.C.R. 678). [Emphasis added; para. Easyjet Study. 43.]  This Court has affirmed that consumers in the market for expensive goods may be less likely to vs evil be confused when they encounter a trade-mark, but the test is still one of first impression. In his reasons, the trial judge used the importance and cost of expensive goods and services to easyjet case study change the likelihood of confusion test from one of good of the flies, first impression of a trade-mark to a test of easyjet case, consumers being unlikely to make choices based on first impressions. This approach is not consistent with the test for confusion under s. The Greesboro Four Essays. 6(5) which has been consistently endorsed by this Court, most recently in Veuve Clicquot .  While the hypothetical test for likelihood of confusion must be applied in all situations, it is flexible enough to reflect the observation of Binnie J. in Mattel , at para. 58: When buying a car or a refrigerator, more care will naturally be taken than when buying a doll or a mid-priced meal . . Case Study. . .  However, as one element of the broader hypothetical test, this care or attention must relate to good in lord of the flies the attitude of the consumer approaching an important or costly purchase when he or she encounters the trade-mark, not to the research or inquiries or care that may subsequently be taken. Study. As Rand J. put it in General Motors Corp. What. v. Bellows ,  S.C.R. 678, at p. 692:
Do the words then in case that situation [refrigerators] lend themselves to what the errors of faint impression or recollection of the average person who goes to their market ? [Emphasis added.]  The focus of this question is the attitude of a consumer in the marketplace. Properly framed, consideration of the nature of the wares, services or business should take into study, account that there may be a lesser likelihood of trade-mark confusion where consumers are in the market for expensive or important wares or services. The reduced likelihood of carried rhetorical devices, confusion is still premised on easyjet case, the first impression of consumers when they encounter the marks in question. The Greesboro Four. Where they are shopping for easyjet expensive wares or services, a consumer, while still having an imperfect recollection of a prior trade-mark, is likely to be somewhat more alert and aware of the trade-mark associated with the wares or services they are examining and good of the, its similarity or difference with that of the prior trade-mark. Study. A trade-mark, as Binnie J. observed in the things they carried rhetorical Mattel , is a shortcut for consumers. That observation applies whether they are shopping for more or less expensive wares or services.  It is not relevant that, as the trial judge found, consumers are unlikely to make choices based on first impressions or that they will generally take considerable time to inform themselves about the source of easyjet case study, expensive goods and services (para. 43).
Both of these subsequent research or consequent purchase occur after the consumer encounters a mark in the marketplace.  This distinction is important because even with this increased attentiveness, it may still be likely that a consumer shopping for expensive goods and services will be confused by the trade-marks they encounter. Careful research and deliberation may dispel any trade-mark confusion that may have arisen. However, that cannot mean that consumers of roast speech, expensive goods, through their own caution and wariness, should lose the benefit of trade-mark protection. It is easyjet case, confusion when they encounter the trade-marks that is relevant. Careful research which may later remedy confusion does not mean that no confusion ever existed or that it will not continue to exist in the minds of consumers who did not carry out that research.  Indeed, before source confusion is remedied, it may lead a consumer to seek out, consider or purchase the wares or services from a source they previously had no awareness of or interest in. Such diversion diminishes the value of the goodwill associated with the trade-mark and business the consumer initially thought he or she was encountering in seeing the trade-mark.
Leading consumers astray in this way is one of the evils that trade-mark law seeks to remedy. Consumers of expensive wares or services and owners of the associated trade-marks are entitled to trade-mark guidance and protection as much as those acquiring and selling inexpensive wares or services.  For these reasons, it was an error to discount the likelihood of confusion by considering what actions the consumer might take after encountering a mark in the marketplace. The Things Devices. The trial judge should have instead limited his consideration to how a consumer, upon encountering the Alavida mark in easyjet case study the marketplace, with an imperfect recollection of the sports Masterpiece Inc. mark, would have reacted. Because consumers for expensive retirement residence accommodation may be expected to pay somewhat more attention when first encountering a trade-mark than consumers of less expensive wares or services, cost is not irrelevant.
However, in circumstances where a strong resemblance suggests a likelihood of confusion, and the other s. 6(5) factors do not point strongly against easyjet case a likelihood of confusion, then the cost is unlikely to lead to a different conclusion. D. When Should Courts Take Into Account Expert Evidence in good vs evil of the Trade-Mark Confusion Cases? (1) The Judges Role in Controlling the Admission of easyjet, Expert Evidence.  Tendering expert evidence in trade-mark cases is no different than tendering expert evidence in other contexts. This Court in what is mercantilism R. v. Mohan ,  2 S.C.R. 9, set out four requirements to be met before expert evidence is accepted in a trial: (a) relevance; (b) necessity in assisting the easyjet case study trier of fact; (c) the absence of any exclusionary rule; and (d) a properly qualified expert. They Carried Devices. In considering the standard for the second of these requirements, necessity, the Court explained that an expert should not be permitted to testify if their testimony is not likely to be outside the case experience and knowledge of a judge: This pre-condition is often expressed in terms as to sports whether the evidence would be helpful to the trier of study, fact. The word helpful is sports psychology techniques, not quite appropriate and sets too low a standard.
However, I would not judge necessity by too strict a standard. What is required is that the opinion be necessary in the sense that it provide information which is easyjet study, likely to be outside the experience and knowledge of The Greesboro Four Essays, a judge or jury: as quoted by Dickson J. in R. v. Abbey , supra . As stated by easyjet case, Dickson J., the evidence must be necessary to enable the trier of what is mercantilism in history, fact to appreciate the matters in issue due to their technical nature. [p. 23]  In light of the relatively extensive expert evidence in easyjet case study this case, and the difficulties with the evidence that I discuss below, I think it is timely to recall that litigation is costly. Courts must fulfil their gatekeeper role to ensure that unnecessary, irrelevant and potentially distracting expert and survey evidence is not allowed to extend and complicate court proceedings. While this observation applies generally, I focus particularly on flies, trade-mark confusion cases, which is the subject of this appeal.  If a trial judge concludes that proposed expert evidence is unnecessary or irrelevant or will distract from the issues to be decided, he or she should disallow such evidence from being introduced. I will also suggest that proposed expert and survey evidence be a matter for consideration at the case management stage of easyjet case study, proceedings so that if such evidence would not be admissible at trial, much of the cost of engaging experts and conducting surveys may be avoided.
To explain my reasons, I turn to the expert evidence in this case. (2) The Expert Evidence in This Case Did Not Assist With the Confusion Analysis.  A significant part of the trial judgment, and argument in this Court, was dedicated to good vs evil in lord the expert evidence submitted by the parties. This evidence took two forms: expert testimony adduced by Alavida on how a consumer is case, likely to react when presented with the trade-marks, and a survey conducted by an expert for Masterpiece Inc. which was heavily critiqued by an expert for Alavida.  It is apparent that the expert evidence on the things they carried rhetorical devices, either side was not particularly helpful. Significant portions of the evidence were contradictory and acrimonious. Case. In the result, these disputes appear to have substantially distracted from the confusion analysis rather than assisting it.  The first problem was that much of the expert testimony did not meet the second Mohan requirement of being necessary. Roast Speech. In a case such as this, where the easyjet study casual consumer is not expected to be particularly skilled or knowledgeable, and there is a resemblance between the marks, expert evidence which simply assesses that resemblance will not generally be necessary. Roast Speech. And it will be positively unhelpful if the expert engages in easyjet case study an analysis that distracts from the hypothetical question of likelihood of confusion at the centre of the analysis.  The evidence of one of Alavidas experts consisted in part of a discussion of morphology, semantics, rules of grammar and conventions of expression.
This led him to roast speech conclude that in the case of easyjet study, Alavidas Masterpiece Living trade-mark, the focus of the The Greesboro Four mark is on easyjet case study, life and living, where living is the dominant element. On the other hand, in the case of Masterpiece Inc.s Masterpiece the Art of Living, his view was that Masterpiece is the focal point which he thought reduced the likelihood of confusion.  I have considerable difficulty understanding how this expert reached these conclusions on the basis of his analysis. If a conclusion is psychology, rational, an expert must be able to explain the reasons for it. This is especially so where the opposite easyjet, conclusion seems intuitively more likely. No such explanation was provided. The distinctive word is Masterpiece in both cases, not Living. Masterpiece is the first word in each trade-mark.
The word Living appears in both the Masterpiece Inc. and Alavida trade-marks. The idea of the trade-marks is the same. As discussed above, in this case, it is apparent that in the retirement residence industry, Alavidas Masterpiece Living closely resembles Masterpiece Inc.s Masterpiece the Art of Living.  Neither an expert, nor a court, should tease out and analyze each portion of a mark alone. Rather, it should consider the mark as it is encountered by the consumer as a whole, and as a matter of first impression. In Ultravite Laboratories Ltd. Good Vs Evil Flies. v. Whitehall Laboratories Ltd. ,  S.C.R. 734, Spence J., in easyjet case deciding whether the words DANDRESS and good in lord of the, RESDAN for case removal of dandruff were confusing, succinctly made the point, at pp. 737-38: [T]he test to in lord flies be applied is with the average person who goes into the market and not one skilled in semantics.  However, considering a trade-mark as a whole does not mean that a dominant component in a mark which would affect the overall impression of an average consumer should be ignored: see esure Insurance Ltd. v. Direct Line Insurance plc , 2008 EWCA Civ 842,  R.P.C.
34, at para. 45, per Arden L.J. This is easyjet study, because, while the consumer looks at the mark as a whole, some aspect of the mark may be particularly striking. What. That will be because that aspect is the easyjet case study most distinctive part of the whole trade-mark. In this case, contrary to the view of the expert, the most distinctive and dominant component of the marks in issue is in what all cases the word Masterpiece because it provides the content and punch of the trade-mark. The word Living is bland by comparison.  Another difficulty with this expert evidence is that it compared Masterpiece Inc.s marks with Alavidas trade-mark in the format and font in which it was used by Alavida subsequent to December 1, 2005. Study. The expert did not, as was necessary in this case, consider any other presentation available to Alavida in sports techniques accordance with its trade-mark registration. For example, as discussed above, nothing would preclude Alavida from using the case study same format and good in lord flies, font as Masterpiece Inc. and giving prominence to the word Masterpiece in the same manner as Masterpiece Inc. This may have been what led the trial judge into the same error in concluding that the subsequent use by Alavida of its trade-mark was sufficiently different from Masterpiece Inc.s trade-marks and easyjet case, trade-name that it would reduce the likelihood of confusion.
 Another problematic example in the expert evidence relates to the experts reference to the cost and importance of the goods or services in question. The expert expresses the opinion: As decision extend[s] from the shallow to roast speech the grave end of the easyjet case decision spectrum, consumers exert a higher degree of consumer care and in lord flies, attention, increase their efforts to acquire information, engage in elaborate product search behaviours, and judge competing offers with elevated levels of case study, scrutiny. Most importantly, as the degree of roast speech, care exercised increases, the likelihood of study, confusion decreases. [A.R., vol. II, at p. 75]  It is apparent that the expert was focusing on points in time after the consumer first encountered the trade-mark. As I have explained, subsequent research and care may unconfuse the consumer, but they do not detract from the confusion relevant for purposes of the Trade-marks Act that occurred when the consumer first encountered the trade-mark. The expert made assumptions of sports techniques, law that were wrong, and his conclusions were therefore wrong. This may have diverted the trial judge from the correct legal test to apply when judging confusion.
 In view of these and other difficulties with the expert evidence in case study this case, I think it may be useful to comment generally on the use of expert evidence in a confusion case. In doing so, I have found guidance in the observations of Lord Diplock in General Electric Co. v. The General Electric Co. Ltd. ,  2 All E.R. 507 (H.L.). He distinguished between goods sold in a specialized market of sophisticated consumers engaged in in lord a particular trade, e.g., large industrial electrical machinery, on the one hand, and those sold to the general public, on case study, the other.
Where the market is specialized, evidence about the roast speech special knowledge or sophistication of the targeted consumers may be essential to determining when confusion would be likely to arise. However, where goods are sold to the general public for ordinary use, he explained, at p. 515: . . Case Study. . the question whether such buyers would be likely to be deceived or confused by the use of the trade mark is a jury question. Sports. By that I mean that if the issue had now, as formerly, to case study be tried by a jury, who as members of the general public would themselves be potential buyers of the goods, they would be required not only to consider any evidence of other members of the public which had been adduced but also to use their own common sense and to consider whether they would themselves be likely to be deceived or confused.  The question is not answered differently when the issue is determined by a judge. Lord Diplock wrote, continuing at Four p. 515: The judges approach to the question should be the same as that of a jury. He, too, would be a potential buyer of the goods. He should, of course, be alert to the danger of easyjet study, allowing his own idiosyncratic knowledge or temperament to influence his decision, but the sports psychology whole of his training in the practice of the law should have accustomed him to this, and this should provide the safety which in the case of a jury is provided by their number.
That in issues of this kind judges are entitled to give effect to their own opinions as to the likelihood of deception or confusion and, in doing so, are not confined to the evidence of witnesses called at the trial is well established by decisions of this House itself. [Emphasis added.]  In esure , the same concern and caution was expressed about easyjet study expert evidence of confusion. At para. 62, Arden L.J. stated: Firstly, given that the critical issue of roast speech, confusion of any kind is to be assessed from the easyjet case viewpoint of the average consumer, it is difficult to see what is gained from the is mercantilism evidence of an expert as to his own opinion where the tribunal is in a position to form its own view. Easyjet Case Study. That is not to devices say that there may not be a role for an expert where the easyjet case markets in question are ones with which judges are unfamiliar . Roast Speech. . . .  In Ultravite , Spence J. was quite satisfied to express and apply his own view of the first impression of a trade-mark on the average consumer. Easyjet Case Study. At p. 738, he stated:
In expressing my view, I am putting myself in the position of the average person going into the market to purchase a dandruff remover and hair tonic.  I would endorse these comments about expert evidence and follow the approach of Spence J. in Ultravite, the House of Lords in good vs evil of the flies General Electric and the English Court of Appeal in esure . In cases of wares or services being marketed to the general public, such as retirement residences, judges should consider the marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade-mark. They should use their own common sense, excluding influences of their own idiosyncratic knowledge or temperament to determine whether the casual consumer would be likely to be confused.  Surveys, on the other hand, have the case study potential to provide empirical evidence which demonstrates consumer reactions in roast speech the marketplace exactly the question that the trial judge is addressing in a confusion case. This evidence is not something which would be generally known to a trial judge, and easyjet study, thus unlike some other expert evidence, it would not run afoul of the second Mohan requirement that the evidence be necessary. However, the use of survey evidence should still be applied with caution.  The use of consumer surveys in trade-mark cases has been recognized as valid evidence to inform the confusion analysis. As Binnie J. What In History. noted in Mattel , often the difficulty with survey evidence is whether it meets the easyjet first of the Mohan requirements: relevance. At para. 45, he further divided the question of relevance into two sub-issues:
As to The Greesboro Four the usefulness of the results, assuming they are elicited by study, a relevant question, courts have more recently been receptive to such evidence, provided the survey is both reliable (in the Four Essays sense that if the survey were repeated it would likely produce the same results) and valid (in the sense that the right questions have been put to the right pool of respondents in the right way, in the right circumstances to provide the information sought). [Emphasis added.]  In Mattel , the easyjet study survey at issue was found to be invalid, as it did not address the likelihood of confusion, only a mere possibility, rather than a probability, of confusion (para. On Gay Marrage And Its. 49). This was because the survey asked consumers whether they thought that the company that makes Barbie dolls might have anything to do with a restaurant that used the trade-mark Barbies (para. 1 (emphasis in original)).  In this case, the problem is somewhat different. Unlike Mattel, Masterpiece Inc. Case Study. had not yet established a presence in the community in roast speech which it operated. Thus, there were no casual or average consumers with imperfect recollection of Masterpiece Inc.s marks to test. As a result, the survey was based on a series of questions that attempted to establish a proxy for imperfect recollection, and only thereafter test how such customers would react when exposed to easyjet study the second mark. Four. This is not asking questions in the right way, in the right circumstances to elicit evidence of how those with an imperfect recollection of easyjet case study, Masterpiece Inc.s marks would react to Alavidas proposed mark. For a survey to be valid, it seems elementary that there must be some consumers who could have an imperfect recollection of the first mark. Simulating an imperfect recollection through a series of lead-up questions to consumers will rarely be seen as reliable and valid.
 While I would not absolutely foreclose the possibility that a party may devise a valid survey in a case where a trade-mark user has not established a sufficient presence in the marketplace for consumers to have formed an imperfect recollection of its trade-mark, I would venture that it is highly unlikely that such a survey would meet the requirements of reliability and validity.  I do not know the exact circumstances in which the expert evidence was introduced in this case or what was requested of the roast speech trial judge, and there is no suggestion that the trial judge erred in admitting it. Nonetheless, I think it is apparent, particularly with respect to the survey, that the evidence was of little assistance to the trial judge and study, indeed distracted from the required confusion analysis.  Where parties propose to introduce expert evidence, a trial judge should question the necessity and relevance of the evidence having regard to the Mohan criteria before admitting it. As I have already pointed out, if a trial judge concludes that the expert evidence is unnecessary or will distract from the issues to be decided, he or she should disallow such evidence from being introduced.  I would further suggest that it would be salutary to good vs evil in lord flies have a case management judge assess the easyjet admissibility and usefulness of proposed expert and survey evidence at an early stage so as to avoid large expenditures of resources on evidence of little utility.  As I have said, I do not know the exact pre-trial procedures in this case or whether the Federal Court generally includes the Essays scope and methodology of proposed surveys within the case management process in trade-mark confusion cases.
However, in making this recommendation I have had regard to a similar recommendation made by Arden L.J., at para. 63 of esure , where she observed that surveys can be costly and sometimes based on wrong questions and produce irrelevant or unhelpful responses, precisely the difficulty with the survey in this case. I have had regard to easyjet study her recommendation for case management direction on proposed surveys in making the recommendation outlined above. As she explained, at para. 64: My object of referring to this developing practice [case management directions] is to roast speech give it wider publicity and to encourage practitioners in this field to use this mechanism, so that any waste of costs and court resources is minimised. My object is the easyjet case study same.
VII. The Confusion Analysis.  The determination of whether a likelihood of Essay Marrage And Its, source confusion exists is easyjet case study, a fact-finding and inference-drawing exercise, and roast speech, thus, appellate courts should generally defer to the trial judges fact findings and inferences, unless the facts and inferences were based on an error of law or constituted a palpable or overriding error of fact: Housen v. Nikolaisen , 2002 SCC 33,  2 S.C.R. 235.  In this case, three errors of easyjet, law have been identified in in history the interpretation and application of the confusion analysis conducted by easyjet, the trial judge. It is Essays, now necessary to easyjet consider whether the matter should be remitted to the trial judge for redetermination in accordance with these reasons, or whether this Court should make a fresh assessment of the evidence. In Hollis v. Dow Corning Corp. ,  4 S.C.R. 634, at para. 33, this Court found:
It is well established that appellate courts have the jurisdiction to make a fresh assessment of the evidence on the record where they deem such an assessment to be in the interests of justice and feasible on a practical level . . . . In Hollis , the Marrage Constitutionality bulk of the critical evidence adduced at trial was documentary, not testimonial which made the reassessment feasible. Easyjet. Here, this Court has a similarly complete record on which to make a redetermination, having concluded that the expert evidence was of little or no use to the issue of the things they carried, confusion. In order to avoid further protracting the proceedings between these parties, I believe that the interests of justice would be served by this Court finally deciding the easyjet case study matter.  Without repeating the findings above, there is no doubt that there is a strong resemblance between Masterpiece Inc.s trade-mark, Masterpiece the Art of Living and Alavidas trade-mark, Masterpiece Living. In my opinion, a casual consumer observing the Alavida trade-mark and having no more than an imperfect recollection of Masterpiece Inc.s trade-mark would likely be confused into thinking that the source of the services associated with the Alavida trade-mark was one and the same as the carried rhetorical devices source of the services associated with the Masterpiece Inc. trade-mark. The question now is study, whether any of the other circumstances reduce this likelihood of confusion to the point that confusion is not likely to the things they carried occur.
 As to the cost and importance of retirement residence services, such considerations are relevant. However, in view of the study close resemblance between the marks, even a consumer in what is mercantilism in history the market for relatively expensive retirement residence accommodation would not likely recognize that Alavidas Masterpiece Living signified a different source than Masterpiece Inc.s Masterpiece the Art of Living. The ideas conveyed by both companies marks are the same. Looking at easyjet case the marks as a whole and in history, the dominant word Masterpiece in particular, there is little to dispel the consumer from thinking that the source of the marks was the same.  As to the nature of the easyjet case wares, services or businesses, Alavida has argued that the services it sought to provide were up-market while Masterpiece Inc. only provided middle-market services.
This parsing of the services is too narrow. Alavidas registration provides: Real estate development services, real estate management services, residential building construction services, dining services namely a dining room restaurant, housekeeping services, medical services namely medical clinic services, spa services, fitness services namely a fitness centre and concierge services. [R.R., vol. I, at p. 210]  Nothing in this registration limits Alavida to the up-market. Its registration would entitle it to use its trade-mark in the exact same market as that serviced by Masterpiece Inc. For the purpose of a confusion analysis, the services provided by the parties are essentially the same retirement residence services. There is no justification for subdividing between up-market and middle-market. Roast Speech. Consideration of the nature of the easyjet study services involved, in my view, enhances the likelihood of confusion for the casual consumer.  The trial judge found that while the term Masterpiece is a common word with wide use in describing goods and services, its use in the retirement residence industry is somewhat distinctive in sports techniques the sense that it is intended to distinguish the retirement residence services provided by study, its owner from the retirement residence services provided by others. I agree with that finding.  As for acquired distinctiveness, the trial judge found that at the time the application was made, neither Masterpiece Inc. nor any of its trade-marks were particularly well known.
While the sports techniques evidence presented by Masterpiece Inc. Study. was sufficient to establish that there had been use of its trade-name and trade-marks, including Masterpiece the Art of Living, for the purposes of the Act , it did not rise to the level of demonstrating any acquired distinctiveness. I agree with the trial judge.  Finally, there is another potentially relevant surrounding circumstance. As explained at para. 11 above, not long after Alavidas application, Masterpiece Inc. applied to register both Masterpiece as well as Masterpiece Living for retirement residence services. These applications were rejected by the things carried rhetorical devices, the Registrar of Trade-Marks because of Alavidas existing application.  This refusal was founded on the observation that each of these marks submitted by Masterpiece Inc. was confusingly similar to Alavidas proposed registration. For purposes of the confusion analysis in easyjet case this case, Masterpiece Inc.s application to register the mark Masterpiece Living is irrelevant since it had not used that precise word formula prior to December 1, 2005, when Alavida filed its application.
However, the word Masterpiece had been the trade-name under which Masterpiece Inc. had carried on business prior to that date, and it was the dominant part of the The Greesboro Four Essays Masterpiece the Art of Living trade-mark.  Despite the fact that the trial judge noted the rejection of Masterpiece Inc.s applications at the outset of his reasons, there is no indication that this evidence was taken into account in his confusion analysis. It is true that the trial judge was not conducting an appeal or judicial review of the reasonableness of the decision of the Registrar, owed no deference to the Registrars decision and was certainly not bound by it. However, as a relevant surrounding circumstance under s. 6(5), I am of the opinion that the trial judge should have acknowledged the easyjet case Registrars finding, which was diametrically opposite to they rhetorical his conclusion, in weighing the evidence before him. The Registrars decision supports a finding of case study, likelihood of confusion between Alavidas trade-mark and Masterpiece Inc.s trade-name, and thus the is mercantilism in history Masterpiece the Art of Living trade-mark.  Consideration of all the circumstances of the case, including the factors set out in s. 6(5) of the Trade-marks Act and particularly that Alavidas trade-mark Masterpiece Living and Masterpiece Inc.s Masterpiece the study Art of Living are very similar, leads to a finding that Masterpiece Inc. has proven that the use of roast speech, Alavidas trade-mark in the same area as those of Masterpiece Inc.s would be likely to lead to the inference that the services associated with Masterpiece Inc.s trade-marks were being performed by Alavida.  Because Masterpiece Inc.s use preceded Alavidas proposed use, Alavida was not entitled under s. 16(3) to registration of its trade-mark. As a result, Alavida was not the person entitled to secure the registration of study, its trade-mark under s. 18(1) and this ground of what in history, invalidity has been made out.
I would therefore allow the appeal with costs here and below and, pursuant to s. 57(1) of the Trade-marks Act , I would order the Registrar to expunge this registration from the easyjet case study register of trade-marks. confusing , when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6 ; distinctive, in roast speech relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is case study, used by its owner from the wares or services of others or is adapted so to Essay on Gay And Its distinguish them; proposed trade-mark means a mark that is study, proposed to be used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others; register means the register kept under section 26; registered trade-mark means a trade-mark that is on the register; Registrar means the carried Registrar of Trade-marks appointed under section 63; ( a ) a mark that is used by a person for easyjet the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others, ( b ) a certification mark, ( c ) a distinguishing guise, or. ( d ) a proposed trade-mark; trade-name means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; use, in The Greesboro Four relation to a trade-mark, means any use that by section 4 is deemed to be a use in association with wares or services; 4. (1) A trade-mark is deemed to easyjet study be used in association with wares if, at the time of the Essays transfer of the property in or possession of the case wares, in the normal course of trade, it is marked on the wares themselves or on the packages in which they are distributed or it is in any other manner so associated with the wares that notice of the association is then given to the person to what is mercantilism whom the property or possession is transferred. (2) A trade-mark is deemed to be used in association with services if it is used or displayed in study the performance or advertising of those services. (3) A trade-mark that is marked in Canada on wares or on the packages in which they are contained is, when the wares are exported from Canada, deemed to be used in Canada in they association with those wares. 6. (1) For the purposes of case study, this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the use of the first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and circumstances described in psychology techniques this section.
(2) The use of a trade-mark causes confusion with another trade-mark if the use of easyjet case, both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (3) The use of vs evil in lord, a trade-mark causes confusion with a trade-name if the use of both the trade-mark and trade-name in the same area would be likely to lead to the inference that the wares or services associated with the trade-mark and those associated with the business carried on under the trade-name are manufactured, sold, leased, hired or performed by easyjet, the same person, whether or not the The Greesboro Essays wares or services are of the same general class. (4) The use of a trade-name causes confusion with a trade-mark if the use of both the easyjet trade-name and trade-mark in the same area would be likely to lead to what is mercantilism the inference that the wares or services associated with the business carried on easyjet case study, under the trade-name and those associated with the trade-mark are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the in lord same general class. (5) In determining whether trade-marks or trade-names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including. ( a ) the inherent distinctiveness of the trade-marks or trade-names and the extent to which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the nature of the wares, services or business; ( d ) the nature of the trade; and. ( e ) the degree of easyjet case study, resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by them. 16. (1) Any applicant who has filed an application in accordance with section 30 for registration of a trade-mark that is registrable and that he or his predecessor in rhetorical devices title has used in Canada or made known in easyjet case study Canada in association with wares or services is of the, entitled, subject to section 38, to secure its registration in respect of those wares or services, unless at case study the date on which he or his predecessor in title first so used it or made it known it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in what is mercantilism respect of which an application for case study registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person.
(3) Any applicant who has filed an application in accordance with section 30 for registration of a proposed trade-mark that is registrable is the things they rhetorical, entitled, subject to sections 38 and 40 , to secure its registration in respect of the case study wares or services specified in roast speech the application, unless at the date of filing of the application it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of case, which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by The Greesboro Essays, any other person. 17. (1) No application for registration of a trade-mark that has been advertised in accordance with section 37 shall be refused and no registration of a trade-mark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trade-mark or trade-name by a person other than the applicant for that registration or his predecessor in title, except at the instance of that other person or his successor in title, and the burden lies on that other person or his successor to establish that he had not abandoned the confusing trade-mark or trade-name at the date of advertisement of the applicants application. (2) In proceedings commenced after the expiration of five years from the easyjet case study date of roast speech, registration of a trade-mark or from July 1, 1954, whichever is the later, no registration shall be expunged or amended or held invalid on the ground of the previous use or making known referred to easyjet case study in subsection (1), unless it is established that the person who adopted the registered trade-mark in Canada did so with knowledge of that previous use or making known. 18. (1) The registration of a trade-mark is invalid if. ( a ) the trade-mark was not registerable at the date of registration, ( b ) the trade-mark is not distinctive at the time proceedings bringing the validity of the registration into Essay on Gay Marrage And Its Constitutionality, question are commenced, or. ( c ) the study trade-mark has been abandoned, and subject to section 17 , it is invalid if the Essays applicant for case study registration was not the person entitled to secure the registration. (2) No registration of a trade-mark that had been so used in Canada by carried rhetorical devices, the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on the ground that evidence of the distinctiveness was not submitted to study the competent authority or tribunal before the The Greesboro grant of the registration. 19. Subject to sections 21 , 32 and 67 , the registration of easyjet case study, a trade-mark in respect of any wares or services, unless shown to be invalid, gives to the owner of the trade-mark the techniques exclusive right to the use throughout Canada of the trade-mark in respect of easyjet case study, those wares or services.
20. (1) The right of the owner of a registered trade-mark to its exclusive use shall be deemed to they carried rhetorical be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making. ( a ) any bona fide use of his personal name as a trade-name, or. ( b ) any bona fide use, other than as a trade-mark, (i) of the geographical name of his place of business, or. (ii) of easyjet case, any accurate description of the character or quality of his wares or services, in such a manner as is not likely to psychology have the effect of easyjet, depreciating the value of the And Its goodwill attaching to the trade-mark. (2) No registration of a trade-mark prevents a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in subsection 11.18(4) in study association with a spirit. 21. (1) Where, in any proceedings respecting a registered trade-mark the registration of the things they carried devices, which is entitled to the protection of subsection 17(2), it is made to appear to the Federal Court that one of the parties to the proceedings, other than the registered owner of the trade-mark, had in good faith used a confusing trade-mark or trade-name in Canada before the date of filing of the application for that registration, and easyjet, the Court considers that it is not contrary to the public interest that the in history continued use of the confusing trade-mark or trade-name should be permitted in a defined territorial area concurrently with the use of the registered trade-mark, the easyjet case study Court may, subject to such terms as it deems just, order that the other party may continue to Essay on Gay And Its Constitutionality use the confusing trade-mark or trade-name within that area with an adequate specified distinction from the registered trade-mark. (2) The rights conferred by an order made under subsection (1) take effect only if, within three months from its date, the other party makes application to the Registrar to enter it on the register in connection with the registration of the registered trade-mark. 30. Easyjet Case Study. An applicant for the registration of a trade-mark shall file with the Registrar an application containing.
( a ) a statement in ordinary commercial terms of the specific wares or services in association with which the mark has been or is proposed to be used; ( b ) in the things carried rhetorical devices the case of a trade-mark that has been used in Canada, the date from which the applicant or his named predecessors in title, if any, have so used the trade-mark in association with each of the general classes of wares or services described in the application; ( c ) in the case of easyjet study, a trade-mark that has not been used in Canada but is made known in Canada, the name of a country of the Union in which it has been used by the applicant or his named predecessors in title, if any, and the date from and the manner in on Gay And Its which the applicant or named predecessors in title have made it known in Canada in association with each of the general classes of easyjet case study, wares or services described in the application; ( d ) in the case of good vs evil in lord of the flies, a trade-mark that is the subject in or for another country of the Union of a registration or an application for registration by the applicant or the applicants named predecessor in title on which the applicant bases the applicants right to registration, particulars of the application or registration and, if the trade-mark has neither been used in Canada nor made known in case study Canada, the name of a country in which the trade-mark has been used by the applicant or the applicants named predecessor in title, if any, in Essay And Its association with each of the general classes of wares or services described in easyjet study the application; ( e ) in the case of a proposed trade-mark, a statement that the applicant, by itself or through a licensee, or by itself and through a licensee, intends to use the trade-mark in Canada; ( f ) in the case of a certification mark, particulars of the the things devices defined standard that the easyjet use of the mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of wares or the performance of services such as those in association with which the certification mark is used; ( g ) the address of the applicants principal office or place of business in Canada, if any, and if the applicant has no office or place of business in Canada, the address of his principal office or place of business abroad and the name and address in Canada of a person or firm to whom any notice in respect of the application or registration may be sent, and on whom service of any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to or served on the applicant or registrant himself; ( h ) unless the application is for the registration only of a word or words not depicted in a special form, a drawing of the trade-mark and such number of accurate representations of the trade-mark as may be prescribed; and. ( i ) a statement that the The Greesboro applicant is satisfied that he is entitled to use the trade-mark in Canada in association with the wares or services described in the application. 35. The Registrar may require an applicant for registration of a trade-mark to disclaim the right to the exclusive use apart from the trade-mark of such portion of the trade-mark as is not independently registrable, but the disclaimer does not prejudice or affect the applicants rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the applicants right to registration on a subsequent application if the disclaimed matter has then become distinctive of the easyjet case study applicants wares or services. 40. (1) When an application for registration of a trade-mark, other than a proposed trade-mark, is allowed, the Four Essays Registrar shall register the trade-mark and issue a certificate of its registration. (2) When an application for registration of a proposed trade-mark is allowed, the Registrar shall give notice to the applicant accordingly and shall register the easyjet case study trade-mark and issue a certificate of registration on receipt of a declaration that the use of the vs evil of the flies trade-mark in Canada, in association with the wares or services specified in the application, has been commenced by. ( b ) the applicants successor in case study title; or. ( c ) an entity that is Essay Constitutionality, licensed by or with the authority of the applicant to use the trade-mark, if the applicant has direct or indirect control of the character or quality of the wares or services.
57. (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to order that any entry in the register be struck out or amended on the ground that at the date of the application the entry as it appears on the register does not accurately express or define the case existing rights of the person appearing to be the registered owner of the mark. Appeal allowed with costs. Solicitors for the appellant: MacLeod Dixon, Calgary; Gowling Lafleur Henderson, Toronto. Solicitors for the respondent: MBM Intellectual Property Law, Ottawa. Solicitors for the intervener: Bereskin Parr, Toronto.
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22 Resume Mistakes That Are Way Too Common. You have very little time to impress a recruiter with your resume. Easyjet. So the last thing you want to The Greesboro Four do is to make an easily avoidable mistake. To find out the easyjet study, worst resume mistakes that are way too common beyond grammatical errors and typos we reached out to Amanda Augustine, career expert at TheLadders. The Greesboro Essays. These common blunders would almost immediately send your resume to the trash bin. Augustine tells Business Insider that recruiters are only going to easyjet case spend six seconds looking at your resume. So the longer your resume is, the And Its Constitutionality, more difficult it will be for recruiters to scan it. An appropriate length is one to two pages.
2. Using an easyjet case study inappropriate email address. Email is the preferred form of communication in today's workplace, so there's no excuse for you not to have an good flies appropriate email address. Don't use email addresses (perhaps remnants of your grade-school days) beyond a standard variation of case, your name, such as diva@. or babygirl@. Roast Speech. says Augustine.. Unless you're in a profession where your looks affect the work you get, such as acting or modeling, you should never include a photo with your resume. Including a photo greatly increases the chance you'll be discriminated against, and the recruiter will spend too much time looking at your picture instead of considering whether your skills fit the open position. An eye-tracking heatmap created by TheLadders found that when recruiters check out your professional online profile, they spend 19% of the total time eyeing your picture, which means that not so much time is spent on case study your skills, specialties, or past work experiences. Since recruiters only spend six seconds reviewing a resume, it's not a good idea to have them spend too much time scanning irrelevant information, says Augustine. 4. Leaving out a URL to your professional online profile. Instead of sending a headshot along with your resume, you should send a link to your professional online profiles, says Augustine. This will enable hiring managers to see what you look like after they've already spent an appropriate amount of time examining your resume. Furthermore, whether you include a URL or not, recruiters will likely look you up.
In fact, 86% of what in history, recruiters admit to reviewing candidates' online profiles, says Augustine, so why not include your URL along with your contact information? This will prevent recruiters from having to guess or mistaking you for case, someone else. 5. Embedding tables, images, or charts. Avoid adding any embedded tables, pictures, or other images in your resume, as this can confuse the applicant-tracking software and jumble your resume in the system, says Augustine. 6. Not aligning your resume with your online profiles. Whatever you're going to put out there, make sure your resume and roast speech online profiles are telling the same story, Augustine tells us. If you have a common name, consider including your middle initial on case study your resume and online professional profiles to differentiate yourself from the competition, she says. Devices. For example, decide if you're Mike Johnson, Michael Johnson, or Mike E. Johnson. Study. Then use this name consistently, be it on the things carried devices LinkedIn, Google+, Twitter, or Facebook.
Many companies use some kind of screening process to identify the right candidates, and if you don't have the right keywords on your resume, you won't even get through to a hiring manager. Identify the common keywords, terminology, and easyjet case key phrases that routinely pop up in the job descriptions of what is mercantilism in history, your target role and incorporate them into your resume (assuming you have those skills), advises Augustine. This will help you make it past the initial screenings and on to the recruiter or hiring manager. 8. Using an objective instead of an executive summary. Objectives are unhelpful and distracting, according to Augustine, so it's a waste of space to include them on easyjet your resume. In Lord Of The Flies. Instead, replace this fluffy statement with an executive summary, which should be like a 30-second elevator pitch where you explain who you are and what you're looking for. In approximately three to case study five sentences, explain what youre great at, most interested in, and how you can provide value to Essays a prospective employer, Augustine says. 9. Not addressing potential concerns.
Do you require a work visa sponsorship or are you willing to relocate for easyjet study, a job? If so, you should include a short blurb revealing this information at roast speech the end of case study, your executive summary, says Augustine. It doesn't have to be long because you can go into more detail in the cover letter. If you're trying to relocate to another city, remove your current city and state from your resume. It may look neat and sports psychology techniques concise to display your contact information in the header, but for the same reason with embedded tables and easyjet charts, it often gets scrambled in an applicant tracking system, says Augustine. Even if they were interested in your resume, you'll get eliminated immediately because the recruiter won't know how to good vs evil of the contact you. The format is case, just as important as anything else on the resume, she tells us. The key is to Essay Marrage And Its format the information in a way that makes it easy to scan and recognize your job goals and relevant qualifications. Easyjet Case. Make your resume easy to read by roast speech, sticking to specific formatting rules throughout your resume. For example, if you decide to include the month and easyjet study year on your resume, you should adhere to this format throughout.
If you decide to only use the good vs evil, year, that's acceptable as well, but don't switch back and forth between the two. You should also be consistent with locations and indentations. Stick to black and white color, says Augustine. As for case study, font, it's best to stick with the basics, such as Arial, Tahoma, or Calibri. White space draws the reader's eyes to important points.
When you start really messing with the margins on your resume, chances are you're cramming as much as you can in there, and you won't have enough white space, she tells us.. 14. Not using reverse chronological order. This is the most helpful for recruiters because they're able to see what you've been doing in recent years immediately, says Augustine. The only what is mercantilism, time you shouldn't do this is easyjet study, if you're trying to transition to another career altogether, but then again, in this situation, you'll probably be relying more on roast speech networks, than your resume, she says. Study. 15. Not including a company description.
While it's helpful for recruiters to know the size of the company you used to work for, including a brief description about the company will also let the hiring manager quickly understand the industries you've worked in. For example, an accountant in the tech industry may be considered very differently than an accountant in the hospitality industry. Psychology. You can go to the company's website, and rewrite one or two lines of the description in the About Us section . Easyjet Case. This should be included right underneath the name of the company. Dense blocks of text are too difficult to read, says Augustine. Instead, you should list your achievements in roast speech, two to five bullet points per job. Under each job or experience you've had, explain how you contributed to or supported your teams projects and initiatives.
As you build up your experience, save the case study, bullets for your bragging points, says Augustine. For example, I generated $50,000 in annual savings by doing. 17. The Greesboro. Including more than 15 years of easyjet study, experience. You should always tailor your resume based on the job you're applying for, and chances are that when you include experience that's older than 15 years, it won't be of good vs evil of the flies, interest to a hiring manager, says Augustine. Furthermore, never include dates on education and certifications older than 15 years.
18. Including irrelevant information. Easyjet. If you work at roast speech a small company and you do a little bit of everything, you really need to think about the responsibilities and accomplishments you've had that are relevant to case study the job you're applying for, advises Augustine. In other words, don't include everything you've done in your current position, especially if you work for a startup and are accustomed to a multitude of responsibilities. 19. What Is Mercantilism In History. Not including relevant hobbies. Recruiters have a positive reaction if you include charitable volunteer work, says Augustine. Just because you aren't getting paid, doesn't mean that you shouldn't include it on your resume. Again, do make sure to tailor the skills you acquired while participating in easyjet, the hobby to the job position you're applying for. 20. Including skills that most jobseekers will have.
Should you ever say that you're proficient in standard programs? This depends on Essays what is case study, deemed sought-after in Marrage And Its, your industry. If you're in finance, it's not good enough that you're capable of using Excel, says Augustine. If you know how to manipulate or use Excel in a way that most don't know how to, that's the skill you should highlight. Additionally, you should never use more than two or three lines to include your skills. 21. Writing in the third person or using pronouns in first person. Augustine says you should never write your resume in third person because everyone knows you're the one writing it.
Instead, you should write it in easyjet case study, first person, and do not include pronouns. Four. It's weird [to include pronouns], and it's an extra word you don't need, she says. Easyjet Case Study. You need to streamline your resume because you have limited real estate. 22. Roast Speech. Including references upon easyjet case study, request. Every recruiter knows you're going to provide references if they request it, so there's no reason for you to include this line. Good Of The Flies. Remember that space on your resume is crucial. Don't waste it on a meaningless line, Augustine tells us.
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China One Child Policy Essays (Examples) Several factors should be considered before the restrictions are lessened. The relaxation of the policy will only be considered if there is an ample amount of evidence showing that low fertility rates will be sustained. Current studies show that China is transitioning into a small family culture. In 30 pilot counties the policy has been lifted, allowing couples to choose their family size (Poston, 2002, p333-47).
China's One-Child Policy. China's One Child Policy. Child Policy in China. Deng's one child policy, moreover, had been one of the most important insurance plans put in place to insure the speed and power of Chinese capitalist development. Advanced technology played a big role in infanticide as it allowed couples to check the gender of the case child before it was born. What Is Mercantilism. Ultrasounds helped couples check the easyjet case sex of their child and in lord allow them to make a decision on easyjet case study, abortion easier. In Lord. Infanticide managed to unbalance the easyjet case sex ratio in china as there were far too many males and not so many females. Women do not have a big role to play in determining the gender of their children as the husbands are the ones who make the The Greesboro Four decisions. Easyjet Case. There have been cases where a husband has beaten his wife to abort her child.
Then are cases where the wife has to go into hiding so that people won't be able to roast speech, know if she is pregnant. This helps a lot if they are expecting a girl and they need to abort it. There have been a lot of families [Read More] Parents are aware that the competitive economy combined with the pressure to easyjet, succeed means they must push their children. Schools and techniques teachers are also under tremendous pressure to perform. Some schools link teacher pay to student test performance, and easyjet case study the pressure on teachers is intense (Chang 2008:5).
S. intelligence and military analysts expected, prompting fears that Beijing will attack Taiwan in psychology, the next two years, according to Pentagon officials. However, the Taiwanese spokesman, Chang Jung-kung, says this report is inaccurate, noting that the Pentagon does not take into account the easyjet case latest development between Taiwan and China, who have entered a new phase since Chairman Lien Chan's journey of peace to China in 2005. China also responded by Four Essays, reporting that the Pentagon viciously exaggerated Chinese military outlay, spreading a 'China threat theory.' This is called reproduction worship. Easyjet Case Study. According to this belief the world originated from Yin and Yang life force. This has had a great impact on the things carried, Chinese culture and its view of reproduction.
Yin is easyjet considered a male life force with many powerful positive attributes while Yang is what in history assigned mainly weaker attributes. Reproduction is given much importance because of its power to move the universe ahead and to expand the same. The forces of Yin and Yang are both needed for case actions to have impact. There are other beliefs that seem to have an impact on sports psychology, reproductive behavior among Chinese couples. (Tang, 1995) Infanticide in easyjet case study, China. China India: Rapid Economic Growth -- Additional pages. AFRICA'S PETROLEUM AND CHINA'S ECONOMIC GROWTH AND DEVELOPMENT. Business Environemnt of what is mercantilism China.
political economy of easyjet case China explores the following issues and questions: Nail Houses and Ghost Cities of good in lord China. 9.8% in urban areas; substantial unemployment and underemployment in rural areas; an official Chinese journal estimated overall unemployment (including rural areas) for 2003 at 20% (2004 est.) (CIA World Factbook China) the occupation breakdown for the nation is also rather simplistic, with a large protion of the population still being engaged in agricultural industries: agriculture 49%, industry 22%, services 29% (2003 est.) (CIA World Factbook China) When inquired to share their views whether it is going to be encouraging or damaging in case China assumed to easyjet study, be considerably having more potential on the economic front compared to today, in sixteen nations nearly the majority of on Gay Constitutionality 11 nations or a multitude of 5 nations witness it as encouraging. Prominently, this upbeat notion is seen in several nations, like Mexico of easyjet 54%, whose production sectors face a major competition with China. Taking an average estimate, 49% see it as encouraging and 33% view it as downbeat. In just four nations does a multitude view it as downbeat - Italy which is 47%, Spain -- 47%, Turkey -- 42%, and Argentina -- 41%. There is roast speech also a divided opinion in two nations - the easyjet case U.S.
And Germany. (22-Nation Poll Shows China Viewed Positively by Most Countries Including Its Asian Neighbors) 12). Six weeks after that public relations disaster for RC2 Toys, other toy company, Fisher-Price, was obliged to recall nearly 1 million of its most popular character toys, also because of good in lord of the flies lead paint, Field continues. Not long after those embarrassing recalls, Mattel and Fisher-Price announced three more recalls from China (Field, 12). China and Globalization. Foreign Policy of China (Beijing consensus)
The State has also established a string of both general and specific policies for improving and developing special education and set aside special funds for this purpose. Consequently, just like regular education, special education has also developed rapidly. Easyjet Study. Although local governments are encouraged to provide compulsory education to children with and in history without disabilities, the enacted policies do not necessitate that education be provided to all students. The 1980s (the period when Ronald Reagan was the U.S. Study. President) witnessed a series of government measures targeting environmental regulations. This resulted in public outrage against what is mercantilism in history, the anti-environmental policies of the government leading to a renewed interest in nature clubs and groups and the formation of radical groups who led strong movements to protect the environment. (vii) the post- Reagan resurgence (1990s onwards) - President Bush and President Clinton did not take the easyjet case radical stance of their predecessor. However, President George W. Bush has taken many measures which have weakened the environmental movement instead of strengthening it. Roast Speech. This includes opposing curbs on study, greenhouse emissions via the Kyoto Protocol, supporting oil drilling in the ANWR or Arctic National Wildlife Range, weakening clean air standards and lifting the ban on And Its Constitutionality, logging in forests. Heckscher-Ohlin explain China's Trade?
The fact that communism still dominates affairs in the country can limit or discourage foreign investors. This is probably one of the main reasons for which large corporations are hesitant about case, investing large amounts of money in China (Weatherbee Emmers 42). Angelo Epifani drove his car into the things they carried, my daughter, killing her instantly. Case Study. The driver left the scene of the accident, likely fearing the repercussions and unable to face the consequences. What Is Mercantilism In History. My daughter was left lying on the street in the middle of the easyjet night, alone, to die. Her name was Jiao Shiqi. Roast Speech. She was only 20 years old when she died, a delightful, kind, intelligent, and sweet girl.
Lastly, the gender gap has meant that males need to engage in more intense competition for females. As a result, money has become a more important means of easyjet attracting females (Wei, 2009). These different factors combined to The Greesboro Four Essays, push more rural Chinese into easyjet study, the cities in search of better work. This in turn kept the cost of labor down, fueling intense economic growth that kept the unemployment rate in urban areas down. Even with the recent economic downturn, official unemployment rates for urban China were at Essay on Gay Constitutionality, just 4.2% for the fourth quarter of 2008, up from 4.0% in the previous quarter (Xinhua, 2009). These official figures have never fluctuated too much, although they were significantly higher in the late 1970s when economic modernization began, between 5-6% (Giles et al., 2004). It should be noted that the official unemployment rates belie the reality of China's economy, which features tens of millions of [Read More] This population of aging, having had just one child, will rely upon easyjet case society as a whole to carried rhetorical, care for them, instead of an extended family as was once traditionally and culturally the case. 138).
Despite the contribution these SEZs have made to the Chinese state, Becker cautions that such meteoric growth is probably not sustainable over the long-term. For instance, Becker points out that, Technology is changing assumptions about the future of industrial labor needs. Easyjet Case. Recent studies suggest that the link between high growth and job creation may not continue forever. In the Essay And Its Constitutionality 1980s it took a 3% increase in economic growth to produce a 1% increase in employment. Easyjet. By the 1990s, it took more than twice as much growth -- a 7.8% increase -- to achieve the the things same result. (2006, p. 154). establishment of the People's Democratic Republic in China in the late 1940's, the Chinese Communist Party actively re-engineered society to easyjet case study, curb birthrates and bring the country's population down to manageable levels. Part of this idea was a process that would re-imagine the family, a concept first found in vs evil flies, the work of Plato. However, this invention of an 'ideal family' as being a paradigmatic national goal of social reformers that has its origins in British Malthusianism and gave birth to the practice of eugenics in the United States.
It complemented a long tradition of case periodic moral reforms and religious revivals that have existed in the United States since the Great Awakening. gender selection ETHICS. Women Status Contemporary India. In J. Smith (Ed.), Understanding families into roast speech, the new millennium: A decade in review (p. 357-381). Easyjet. Minneapolis, MN: National Council on vs evil of the, Family Relations. , plots a strategy of growth. It is noteworthy that most recently the government started soliciting opinions from legal academies, interested groups and the general public when drafting a major piece of legislation, to achieve democratic lawmaking and advance further compliance with the easyjet case law (Lo, V.I., 2007). Native populations never had such concepts. That many nations are artificial creations incapable of food self-sufficiency undercuts the self-sufficiency argument.
Nations around the world may need, at the very least, to organization into larger, more diverse blocs the way Europe has in order to have any hope of attaining food self-sufficiency. Lead: Chinese students who study abroad used to be among the most sough-after workers in China. Now, they are increasingly facing barriers to vs evil flies, employment. Negative stereotypes and easyjet study the rising quality of domestic education have Chinese employers turning their backs on the once-venerated sea turtles.' In many ways, their story encapsulates the cultural conflicts internal to China as the nation continues its rapid pace of sports psychology globalisation. Families, Delinquency Crime. Theory -- Approach Linkage. Psychological studies have confirmed 'altruistic behavior' can be elicited in people. Easyjet Case. 'Peer Pressure' could also be utilized as an effective psychological tool in reducing resource consumption and in promoting other healthy environmental practices. [Center for Naturalism] A case in point is the Chinese governments 'Grain to Green' Program that offered cash incentives to carried, farmers to convert marginal farmlands to easyjet study, forests. As Alan Tessier, program director in the National Science Foundation (NSF) says, Much of the marginal cropland in rural communities has been converted from agriculture to forests through the Grain-to-Green Program, one of the sports largest 'payment for ecosystem services' programs in the world, Results of easyjet case this study show that a community's social norms have substantial impacts on the sustainability of the things they rhetorical devices these conservation investments. [ScienceDaily] Building this collective self-control at the community, national and international level holds the key to the success of an environmentally sustainable future. Motivated and environmentally conscious [Read More] Such relationships in childhood begin with the study parents, and for Asher, these early relationships are also significant later, as might be expected.
Americas Coalition Puts Marijuana Legalization Up for Discussion. Retrieved from the New York Times: http://www.nytimes.com/2013/05/18/world/americas/nations-in-americas-urged-to-consider-legalizing-pot.html?_r=0. Live vs. China's Past. American Foreign Policy from three articles from Annual Edition's American Foreign Policy: Article 33, Musclebound: The Limits of U.S. Roast Speech. Power by Stephen M. Walt; Article 12, A Small Peace for the Middle East by Arthur Hertzberg; and Article 11, To Be An Enlightened Power by Wu Xinbo. It answers the following questions: 1) What is the overall foreign policy issue/theme/problem that links the study articles together.
2) What are the central arguments of each article? Discuss these noting if they agree, complement, or conflict. Essay On Gay And Its Constitutionality. 3) Which articles or authors do you tend to support and why? What persuaded you? 4) What should be the final foreign policy responses and solutions to study, the problem(s)? 5) If you like, you can conclude with any personal reactions to The Greesboro, the articles. The new powerful leader who emerged from study, that struggle starting in what is mercantilism, 618 was Li Shimin.
Some of the more notable accomplishments of Li Shimin involved restoring stable government, developing technological advances, and by easyjet case, utilizing the free labor and military service of millions of peasants he helped bring in enormous tax revenues to the things carried, the point that the government was more affluent than it had ever been. Jesus in Beijing: How Christianity Transforming China Changing Global Balance Power. We must not forget, however, that, like most countries, China's economic leaps are tied to her political security. China's new model shows the world that economic security is as important as military security. Presently, though, based on the economic and political model of the world, China is focused on domestic economic issues and a slow but steady rise to socio-political power and easyjet role as a strategic player in global issues (Zakaria 2008 86-94). China has even begun to realize, possibly after the unfortunate events in psychology, Tianamen Square, that human rights are often tied to global economic issues. They can perhaps not understand why the West would act so emotionally on easyjet case, issues that occurred, say, during the in history Olympic Events China hosted, but they are aware that the world's public opinion is worth dollars -- both imported and exported. China still remains authoritarian, however, cracking down on Internet access, access to certain [Read More] that one administration official observed, I can assure you a young generation of terrorists is being created (Zaharna 2003). honored one, I offer this comment with grave regret that it shall even be received, for in his Excellency's well intentioned attempt to seek the easyjet case advice of the more sagacious residents of Kyoto and the things Edo, he is playing into the hands of the barbarians whose own societies are marked with the spilled blood of noble rulers, instigated when words of case study dissent were expressed in good of the, writing. The Americans, whose black ships now dot the horizon in the Bay of Uraga, are presently ruled by the descendents of that generation that penned a doctrine of disloyalty and dissent in their effort to justify the chaos that gave them advantage in their homeland.
' (Adams, 1982) Local agencies helped the magistrate, remedied public mores, and easyjet study also inspected the conduct of the Hyangni and served as power base for the local yangbans. Yangbans were dispatched to the province from the capital. Vs Evil In Lord Flies. Yangbans -- constituted of the class of advantaged / privileged civil and military servicemen. Case Study. Yangins constituted of middle-level bureaucrats, peasants and merchants, whose children were allowed to sit the exam for governance service. On Gay Marrage Constitutionality. Chungins -- were technical personnel and professional specialists composed of the side children of 'Yangbans Called bang-jiao, it works to rehabilitate juveniles with a community group of parents, friends, relatives and study representatives from the neighborhood committee and the police station. Formal rehabilitation is pursued in either a work-study school for juveniles or a juvenile reformatory. The emphasis for both is education and light or labor work (Ibid., 155-156). Indeed, obesity among children and adolescents is even associated with an increase in economic costs.
It is estimated that the hospital costs for obesity-related disease among children and adolescents increased from $35 million in 1979-1981 to $127 million in 1997-1999, which represents more than three times the costs of 20 years ago (Wang Dietz, 2002). At which point, workers are either fired or arrested by the police. The subcontractor will then, hire other people to work in the place of employees that are creating problems. Over the course of time, this can cause feelings of animosity inside the community. Moreover, there are no social responsibility practices for these regions. This means that no one is focusing on understanding the social, economic and environmental impact of the company's activities on And Its, different areas. Once this occurs, is when there is the possibility that there will be some kind of backlash from these issues. This information is showing how Apple and easyjet case study its third party suppliers are walking a thin line when it comes to their practices in regions such as China. Therefore, this source is supporting the hypothesis that was presented earlier. (Stonebreaker, 2009, pp. 161 -- 177) Right Food Company.
Therefore the international agencies have recommended certain laws and regulations which try to bridge both the parties, and avoid any tussle or clash of interest. According to the proposed laws, the countries and vs evil in lord of the ruling authority should seek quarterly reports from the multinational companies for explaining their production activities, secondly the companies should be encouraged to invest funds towards the social and economic prosperity of the local population, and in exchange the ruling authority should offer the easyjet study company with possible concession in terms of taxation or import duty. In different countries, including China, the hub of foreign investment, the country seek periodic reports from its investors about The Greesboro Four, their operations, and offers maximum concession to those companies that have promised and provided economic prosperity to the local citizens. (Larry Kahaner (2003). Values, Prosperity, and the Talmud: Business Lessons from the Ancient Rabbis. Longman Publishers). [Read More]
The rule of law is essential to case, commerce, and commerce is essential to Essays, wealth. To longer shall local chieftains and would-be kings rule over the Empire - they are all subject to me, no different from anybody else. .. carved out caves for Buddhist monk worship, lavishly subsidized the order's work, and even arrogated to himself the chore of preventing schisms in Buddhism (67). His examples include charity and erecting hospitals for men and animals. (Albinski 68-9) Chodorow maintains that Asoka's example enhanced the prestige of Buddhism (Chodorow 146). It should be noted that Asoka was a pragmatist (147). He did not abolish capital punishment. His official policy was one of religious tolerance as appropriate for case study a far-flung empire inhabited by many different communities(147). His was a different plan of conquest, as it involved religion and general good will toward others.
According to Israel Selvanayagam, Asoka's dharma is twofold. On Gay And Its. One aspect is practical, concerning interpersonal relationships and emphasizing the duties of each individual at home and in security; the other is doctrinal in a general sense and includes a special concern for sanctity of animals, toleration of easyjet study other [Read More] Cannabis in the UK: De-Penalisation, Decriminalisation, or Legalisation? Among these Scribble designs is the drop earrings design. The reason for their success is the overall smooth and elegant look of what is mercantilism these earrings. Made with sterling silver, the piece creates a contrasting color tone against study, darker skin tones. The scribble shape of the design creates a free-flowing feel that makes the piece feel both delicate and prominent at the same time.
Although the Scribble appears relatively small, with most signature lines no more than two inches in The Greesboro Four Essays, length, the easyjet case study color and smooth texture of the earrings, magnifies its overall charm. The Things They Rhetorical Devices. The Scribble series reasonably priced, this is because Paloma steers away from expensive jewelry for this signature series, intending to keep it elegant and simple. Easyjet Study. The line starts from as low as 75 dollars to over 3000, with most of the pieces costing around 200 dollars.
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Free Essays on Virus And Bacteria Essay. researching Ebola virus , and I will investigate in easyjet case, depth on this virus . As we saw in the CellsAlive Interactive the Ebola virus is a 100,000 times zoom for the human eye to see it. To start I will go in Essays, depth of exactly what a virus is and how it spreads. A virus is study a tiny particle, virus particles are about. Biology Virus Essay A virus is a microorganism that cannot reproduce without a host. As a result of this, there has been a lot of Four, controversy on study whether or not a virus is a living or non-living organism. The dictionary.com definition for life is, the condition that distinguishes organisms from.
Virus and Bacteria Virus - A virus is The Greesboro a capsule of easyjet study, protein that contains genetic material. A virus cannot reproduce on its own; it must infect a living cell to grow. Bacteria - Bacteria are one-celled organisms that live on roast speech their own. They can multiply and reproduce by easyjet case study subdivision Bacteria and. In this essay , I will talk about one of the good oldest and most widespread microorganisms in our planet, bacteria . Bacteria lives everywhere, in air, hot springs, and in our bodies.
Some bacteria are harmful and some of them are helpful. Biologists use helpful bacteria in several ways. In my essay , I will. Good Essay none Bacteria The smallest living things on earth are the prokaryotic cells. Bacteria fall into the Monera Kingdom. They have a single DNA molecule in case, the cytoplasm. Almost all monerans have a cell wall that protects the cell and gives it its shape. Some monerans have a layer outside the. Natural immunity for roast speech HIV 4 What is HIV/AIDS and how does it work?
HIV is a chronic, potentially fatal disease, caused by the Human Immunodeficiency Virus (HIV). HIV is easyjet case a sexually transmitted infection. It can also be spread by breastfeeding, blood on blood contact with someone who is already infected and. killed bacteria . Many studies in many countries confirm that garlic has antibiotic properties that are definitely effective against roast speech different types of bacteria . An antibiotic, such as penicillin, is study a chemotherapeutic agent* that can destroy the growth of other microorganisms such as bacteria and fungi. ?The difference between bacteria , viruses, fungi and parasites are: Bacteria are single celled organisms that can rapidly multiple themselves every 10 minutes up to 10 times each bacterial cell, but they do not live or reproduce in carried, a human cell. When threatened they will make a copy of easyjet case, their DNA to enable. 07018693 Up to Essay And Its the present, to define whether virus is organism or not are one of the most difficult problems. Even scientists can not give an explicit answer about easyjet case study what they are. For the several decades, many scientists try to deny virus is organism. However, their endeavor is still progressing. HIV and AIDS Introduction AIDS is a life threatening disease caused by the Human Immunodeficiency Virus , or HIV.
HIV makes it difficult for the body to fight off infections. There is no cure for AIDS. However, there are new treatments that can slow down its progression. There are about 33 million. Yellow fever is a hemorrhagic fever meaning it is caused by several distinct families of viruses.
Most people who contract the sports psychology virus have no symptoms, however the few that do experience these symptoms, feel them 3 days after infected. Easyjet. The symptoms include: headaches, muscle and body pains. living cells. Researchers pursued different theories to the origin of cancer, subjecting their hypotheses to systematic research and they experimentation. A virus causing cancer in easyjet, chickens was identified in 1911. Good Vs Evil Of The Flies. Existence of many chemical and physical carcinogens were conclusively identified during later part. SCI 115 Week 11 Discussion SCI115 Week 11 Discussion. 115 Week 2 Discussion Molecules and Cell Structures Note: Online students, please respond to one (1) of the four (4) bulleted options. In an case study, essay of the roast speech universal nature of biochemistry, located at http://www.pnas.org/content/98/3/805.full), Norman Pace argues that carbon is the only chemical. Viruses and Bacteria There are many things people dont know about viruses and easyjet study bacteria that they should. Some things about viruses are that they are nonliving intracellular parasites, they need host cells to replicate their genetic material, they have no life functions, antibiotics are ineffective.
The function of Essay on Gay Marrage Constitutionality, a capsid, in virus biology, is to serve as a protective outer layer that protects the genetic material of the study virus from the hosts defensive cells. The capsid is made up of proteins. The nucleic acid is what is contained within the capsid, which is a group of long, linear macromolecules. Cody Trezise 06 october 2011 Chain of infection how bacteria grow. The Things They. Reference: http://faculty.ccc.edu/tr-infectioncontrol/chain.htm In this essay I am going to be describing and explaining n about how pathogenic organisms grow and spread, by study explaining each stage of the chain of infection. Camille Vinogradov Biology, 2? Cells Midterm Study Guide Bacteria Virus Prion Pathogenic means disease causing. Prokaryotes have been around for as long as we have. The average prokaryote cell is 1,000 times smaller than the average eukaryotic cell. Prokaryotes reproduce. INFLUENZA VIRUS What is influenza Influenza, known as the Flu is a an respiratory infectious disease of mammals and birds caused by RNA viruses of the family Orthomyxoviridae, the influenza viruses.
Influenza is Essay on Gay Marrage often confused with similar illnesses such as the common cold but influenza is a more. Meningococcal is a severe bacterial infection which is fatal and can kill you within hours if not treated. Case Study. Meningitidis or meningococcus is the Essay on Gay Marrage And Its bacteria that causes meningococcal. Case Study. The majority of victims infected will recover fully if treated correctly but around 10% of those infected will die and. The Ebola Virus History of, Occurrences, and techniques Effects of Ebola, a virus which acquires its name from the easyjet Ebola River (located in Zaire, Africa), first emerged in on Gay, September 1976, when it erupted simultaneously in 55 villages near the headwaters of the river. It seemed to come out of nowhere, and resulted. in an animal, to replicate the viruses they find are dangerous and make an anti- virus to it, and easyjet much more.
Well what do virologists cover in coursework? Well some virologists may specialize in a specific type of virus say being plant viruses, veterinary viruses or human viruses. There tasks and primary. pressure affects the spread and resistance of HIV because they try many different medicine, and antibiotics to try and stop, but it just makes the virus more resistant to strong antibiotics. Another example of human pressure and technology affecting evolution is the fish in the ocean. Because of the. The Long Term Dangers of Genetic Engineering. of genetic engineering Did you know that the very vehicle currently used to The Greesboro transfer genetic material for the purpose of genetic engineering is a virus ? Genetic engineering, simply put is taking genetic material from one organism and easyjet case transferring it to another to produce desired results. Is Mercantilism. This can encompass.
?Unit 20 1.1 Identify the differences between bacteria , viruses, fungi and easyjet case study parasites 1.2 Identify common illnesses and infections caused by bacteria , viruses, Fungi and parasites 1.3 Describe what is meant by infection and is mercantilism in history colonisation 1.4 Explain what is easyjet case study meant by systemic infection and. Essay 6 Article PBS Band 5 (B5 DT1 E1) You are a resident of Taman Berjaya. Lately, there have been several cases of dengue in Marrage And Its Constitutionality, your area. Write an easyjet, article for a local bulletin on the preventative measures that can be taken/enforced to the things rhetorical devices curb the spread of the disease. Article. ?A piece of writing.
? Viruses Bacteria Title: Kirby-Bauer Method of Antibiotic Effectiveness Purpose: The purpose of this lab was to determine the effectiveness of certain antibiotics and determine their zone of case study, inhibition Data: Name of Antibiotic Zone of vs evil in lord of the flies, inhibition (mm) Effectiveness Streptomycin . Re-emerging What is an emerging virus ? Based on medterms.com, an emerging infectious disease is study one that has newly appeared in a population, or one that has been known for some time, but is vs evil flies rapidly increasing in incidence or geographic range. Therefore, an emerging virus would one example of easyjet, what might. Epstein-Barr virus . In Lord Of The. EBV is so common, that many people have exposed to case study it during sometime during their youth. Although they have been exposed and roast speech possibly even infected by the virus , does not necessarily mean they will become sick. People who have been infected by EBV will be carriers for the virus for the. including plant, animal, protozoa, fungi, and bacteria . Virus composition is unique and does not resemble a living cell because they only contain the necessary parts to enter and leave an infected cell. A virus is a minute parasite (10 to 100 times smaller than bacteria ) that is unable to reproduce by itself;.
nucleus. What are vectors commonly used in GE? Plasmid (of bacteria ) Viruses Shotgun technique (blindly shoots tiny particles coated with the gene into case the host cells) What is a plasmid? Natural role of a plasmid in bacteria ? Plasmids usually contain one or two gene that confer a selective. BIODIVERSITY ESSAY CASE STUDY In this world, there are over 12,000 diseases caused by on Gay Marrage And Its Constitutionality either bacteria or viruses, and most of them are yet to be discovered. One of the dreadful diseases revealed is polio (which is shortened for poliomyelitis) (Ballard). The polio virus enters the body through the. 4 (b) Restriction enzymes; Cut DNA; at specific base sequences; Same (restriction) enzyme also cuts DNA; into which gene is easyjet study inserted/plasmid/ virus /Agrobacterium; (DNA) ligase; Joins two pieces of DNA together/forms recombinant DNA; Vector needed to what insert DNA into easyjet case host/plasmid enters host/second . by unsafe water thats almost 2,000 children in is mercantilism, one day?
All this and easyjet case study more is what this essay will inform you in. This essay is about water borne illnesses and how they can be prevented. They Carried. I chose to easyjet case study write my essay on they rhetorical water borne illnesses because to me, right now the world is at war for water and sooner. A horrific virus that spread throughout the easyjet universe causing ecological catastrophes that could take the lives of almost the whole human population. What. Discovered in the life-eating disease called Kyrptonic Syndrome, Cyclopica Stimulus- abbreviated CS for short- is a nanovirus that is on the verge of case, wiping. disease that ravages the immune system, undermining the roast speech bodys ability to defend itself from infection and disease.
Caused by the human immunodeficiency virus (HIV), AIDS leaves an study, infected person vulnerable to The Greesboro Essays opportunistic infections. Such infections are harmless in healthy people, but in those whose immune. Disease Vaccines can be defined today as a medical wonder. They allow our body to fight against diseases and give us certain immunity against bacteria and viruses. Easyjet Case. They have virtually wiped out some diseases from the earth and have taught our body how to cope with most infections. However are they. There are a lot of Essays, diseases that can be deadly if not treated right. Dieases or virus like the easyjet case flu, pneumonia, scarlet fever, stomach virus etc. can be treated and cured with nutrients and vaccines. There are few parts of the world mostly third world countries were people still die from diseases that. ?Is a Virus a Living thing? Chris Tarpey Biology 1/25/15 1st Period In my opinion, I think a virus is not a living because it does not reproduce without invading other cells, have no metabolism, and they do not grow.
Viruses cause diseases inside humans. those at highest risk include health-care workers, long-term hospital patients, prison inmates and guards and the things they devices people with HIV, the virus that causes AIDS. The bacteria generally remain dormant after entering the easyjet case body, and only about roast speech 10 percent of infected individuals actually come down with overt TB. Global Warming - First Warmer, Then Sicker. then sicker, there are some examples of the results of global warming. Easyjet Study. Incremental temperature changes have begun to redraw the Four Essays distribution of bacteria , insects and plants, exposing new populations to diseases that they have never seen before. In Sweden, global warming has increased the cases of.
Bacteria and Fungi Research Paper. What are bacteria ? Bacteria are very different from viruses. First of study, all, bacteria are much larger in size. The largest virus is only as big as the very smallest bacterium (singular for bacteria ). But bacteria are still microscopic and cannot be seen with the naked eye. They are so small that the. spread from one person to another. Infectious agent or pathogens such as bacterium, virus , protozoa, or parasite. A bacterium is a one called microorganism that can replicate it self by is mercantilism simple cell division. Case Study. A virus is a microscopic, noncellular infectious agent.
Its DNA or RNA contains instruction. to farm crops. When malathion reaches the soil it does not stick and deteriorates quickly by bacteria in soil which does not enter into groundwater. Malathion in water is diminished by the movement and bacteria . The sun light breaks down the malathion in the air. The risk characterization assessment. Computer virus From Wikipedia, the roast speech free encyclopedia Jump to: navigation, search Not to be confused with Malware. A computer virus is a computer program that can replicate itself and spread from one computer to another.
The term virus is easyjet case also commonly, but erroneously, used. The role of bacteria in the soil Bacteria in techniques, the soil play key role in recycling matter in to useful nutrients which can be used by easyjet growing plants. This process of recycling matter in the soil by living organisms is called biogeochemical cycle. Bacteria are improving plants growth in other. modification method.
Firstly, the two organisms whose genes are to be inter-placed need not to be sexually complementary as there is roast speech a use of vectors such as bacteria for the transference of easyjet study, genes. Moreover, the establishment of is mercantilism, genetic modified methods has led to much efficient, varied and time-saving yield comparing. in world health in easyjet, next century Summary: As the title suggests the following essay discusses the what in history impact that biotechnological advances will have on the world health in future. To begin with the essay consists of a brief introduction discussing the present world healthcare scenario and easyjet study mentioning. that are capable of infecting cells Own target cells (specific cells) - Viruses contain either DNA or RNA enclosed in The Greesboro Essays, a protein coat (capsid) naked virus Double or single stranded nucleic acid Some contain additional lipoprotein envelope - Viruses must make use of the hosts cellular machinery to reproduce.
P1: you must explain how infections are caused by, bacteria, viruses, fungi and parasites. ?P1: you must explain how infections are caused by, bacteria , viruses, fungi and parasites. Case Study. P2: you must explain how pathogenic microorganisms grow and they rhetorical spread. In this assignment I am going to explain how infections are caused by, bacteria , viruses, fungi and parasites. I will then explain how pathogenic. SCI 162 UOP Course Tutorial / Uoptutorial. Norwalk virus ) Hepatitis A Giardia or amoeba parasites Write a 125- to 150-word response to each of the following questions: What is the infectious agent (pathogen) that causes this infectious disease?
For example, the name of the bacteria , virus , or parasite. Virus Multiple Choice Identify the choice that best completes the easyjet study statement or answers the question. Techniques. ____ 1. Which of the following statements is INCORRECT? a. Viruses are not able to move by themselves. b. Viruses are not able to easyjet case study reproduce by themselves. c. Viruses are not structurally organized. cells and tissues. Some bacteria , rickettsias, fungi, protozoans, certain types of worms, and all viruses are pathogens. Diseases caused by the direct or indirect spread of pathogens from one person to another are called communicable diseases. BACTERIA I read that BACTERIA are one-celled microscopic. ?What Are The Origins of the The Greesboro Four Ebola Virus ? A review of the literature Abstract As of December 2013  ,Western Africa has been involved in a long and seemingly endless battle with the Ebola Virus Disease, first infecting the country of Guinea, where the disease still resides to easyjet case study this day. This. Anatomy Physiology Short Answer Essays. ? ANATOMY AND PHYSIOLOGY SHORT ANSWER ESSAY Answers of Chapter 2 Basic Chemistry 1.Because your entire body is good in lord made up of chemicals and chemical reactions underlie all body processes. Easyjet Case. A person needs this background to understand body functions.
2.Matter is anything that occupies space. from a disease is pneumonia. In 2002, 64,954 people died of pneumonia (Pneumonia Facts Sheet). Sports Psychology. This is an infection of the easyjet case study lung that is either from bacteria , funguses, viral, or parasites. This is vs evil flies a very deadly infection if it goes untreated will kill you.
Many people in the world die from this every. cause of infection. 1.1 Identify the differences between bacteria , viruses, fungi and parasites. Answer to 1.1 The difference between bacteria , viruses, fungi and parasites are: Bacteria Bacteria is a single celled organism, bacteria have evolved to be in any environment and can be found in any. Bacterial vaginosis (BV): A disruption in the balance of easyjet case, healthy bacteria in the vagina, often causing odor and discharge. Good. Douching, or sex with a new partner can cause BV. BV is treated with antibiotics. Herpes simplex virus (HSV): The herpes virus can infect the vulva, vagina, and cervix, causing small, painful.
? Research essay rough draft and thesis Thesis We should pursue advancements in technology in some areas more than others, in other areas we need to be more careful as we move forward. We should pursue advancements in technology in some areas more than others, transportation and the medical field. Louis Pasteur and His Voyage in Saving Man. (American). From studying this organism, Pasteur concludes that organisms, such as bacteria , live in our surroundings and are the causes of easyjet case study, diseases. In many cases, bacteria can kill other organisms and other bacteria can cure organisms by The Greesboro Essays destroying the pathogens that are already present within the. SCI 162 UOP Tutorial course/ Uoptutorial. Norwalk virus ) Hepatitis A Giardia or amoeba parasites Write a 125- to 150-word response to each of the following questions: What is the infectious agent (pathogen) that causes this infectious disease?
For example, the name of the bacteria , virus , or parasite.