Date: 27.6.2017 / Article Rating: 5 / Votes: 761
Csz.essaytyper.cloudns.cx #Congo white king red rubber black death essay

Recent Posts

Home >> Uncategorized >> Congo white king red rubber black death essay

Congo white king red rubber black death essay

Oct/Sun/2017 | Uncategorized








White King, Red Rubber, Black Death - Essay

Congo white king red rubber black death essay

Custom Academic Paper Writing Services -
White King, Red Rubber, Black Death Essay - 529 Words

bergson + essay This essay comes from the white black essay author's 2002 Broadview Press edition of Alice's Adventures in Wonderland , which contains, in addition to the text and an introduction, Alice's Adventures Under Ground , Lewis Carroll's first version of the story, contemporary reviews, and to start essay, other materials. White Red Rubber Death? (The preceding link contains the full table of contents.) cholars, critics, psychoanalysts, and logicians have all scrutinized Carroll's writings; but few of them have offered an book report, explanation of why or how his creations are funny. The problem with any serious discussion of humor, of course, is that the analysis inevitably destroys the fun. How much more satisfying it is to elucidate Hamlet's melancholy than to congo king black death essay, explain Falstaff's jokes! Nevertheless, humor is at the very heart of Carroll's major works, and no discussion of them could be complete without an examination of some of the principles of that humor, especially as they apply to Alice. Rpi Required? Henri Bergson's essay on laughter, published in 1900, is congo king a classic statement of the editorial cartoons principles of humor. Although his analysis focuses upon the comedy of manners, it is applicable to Carroll's humor as well. Like Carroll, Bergson lived through the technological revolution that made the duality of man and machine a vital concern of philosophers, novelists, poets, and congo death, humorists. Bergson believed that life is a vital impulse, not to be understood by reason alone, and book, sees the comical as something encrusted on red rubber black, the living. Style Statement? Early in his essay Bergson observes that laughter and emotion are incompatible: It seems as though the comic could not produce its disturbing effect unless it fell, so to say, on the surface of a soul that is thoroughly calm and unruffled. Indifference is its natural environment, for white death laughter has no greater foe than emotion.

In both his comic poetry and prose Carroll maintains a fairly consistent detachment from his characters, and his characters likewise usually remain remarkably detached from pyramid, their environment. The Cheshire Cat best illustrates Bergson's point. The obvious symbol of congo king red rubber black death essay, intellectual detachment, it wears the ways fixed grin of an amused observer. It can appear as only a head for it is representative of a disembodied intelligence. Alice maintains a similar detachment from congo white king red rubber black death, her surroundings. She forms no strong or lasting relationships with any of the creatures or persons in Wonderland and Looking-Glass Land. Upon meeting the sorrowful Mock Turtle, Alice pitied him deeply and inquires, What is his sorrow?

Any emotional bond here is quickly undermined by the Gryphon's abrupt answer:It's all his fancy, that: he hasn't got no sorrow, you know. Come on! A sentimentalist might have difficulty in appreciating comedy for, as Bergson notes, to produce the whole of ways to start introductions, its effect . . . the comic demands something like a momentary anesthesia of the heart. White Red Rubber Essay? Its appeal is to intelligence, pure and ways to start introductions, simple (p. 63). Carroll's parodies of the didactic and sentimental verses of Isaac Watts, for example, are funny in so far as the reader is aware of the originals and attentive to the intellectual cleverness involved in reshaping them.

The emotions that the moral sentiments originally invoked are repressed by congo the wit of the parodies. Bergson refines his observation that laughter appeals to intelligence pure and simple by adding, this intelligence, however, must always remain in touch with other intelligences. He continues: The comic will come into being, it appears, whenever a group of men concentrate their attention on one of their number, imposing silence on their emotions and calling into play nothing but their intelligence (p. 65). Alice provides exactly that focus of concentration for the reader. She is the poetics essay instrument of humor as Carroll the essay narrator engages the mind of the reader to share with him the absurdity that arises in rpi required essays, her various encounters with the creatures of Wonderland.

Carroll invites the reader to conspire with him to laugh at their mutual representative battling with foreign intelligences. Basic to Bergson's conception of the comic is the tension that exists between rigidity and suppleness: rigidity is the congo red rubber black essay comic, and laughter is essays its corrective (p. 74). He sees a laughable expression of the face as one that promises nothing more than it gives. It is a unique and permanent grimace. King Black? One would say that the person's whole moral life has crystallised into this particular cast of features (p. 76). He concludes that automatism, inelasticity, habit that has been contracted and maintained are clearly the causes why a face makes us laugh (p. 76). Tenniel's illustrations are significant in this respect, for they help to fix the to start introductions expressions of such characters as the Cheshire Cat with its sinister grin and the Queen of Hearts with her perpetual scowl.

The Queen's favorite expression, Off with his head! or Off with her head! likewise is as fixed and predictable as her expression. The sentiment is obviously not funny, but its repetition is. In more general terms Alice displays a battle between rigidity and suppleness. Alice embodies secure conventions and self-assured regulations, and Wonderland is dedicated to undermining those conventions and regulations. Later, in Through the Looking-Glass the strict rules of king black death, a chess game impose a degree of order upon an unruly set of characters.

In this connection another statement by Bergson is writing thesis statement revealing: The attitudes, gestures and movements of the human body are laughable in exact proportion as that body reminds us of a mere machine (p. 79). In Through the Looking-Glass Alice and the other characters are treated as chess pieces to be manipulated in a very rational game. In short, they have become things and, as Bergson notes, we laugh every time a person gives us the congo white king impression of being a thing (p. Poetics Essay? 97). Similarly, the king death battles between Tweedledee and Tweedledum and between the essays editorial cartoons Lion and the Unicorn are comic because they are repetitive and predictable. Red Rubber Black Essay? Similarly, Wonderland's Red Queen appears robotic in her repeated, though disregarded, commands for beheadings. Discussing the humor of disguise, Bergson argues that any image . . . suggestive of the notion of a society disguising itself, or of a social masquerade, so to speak, will be laughable (p. 89). Both the Caucus-race and the trial of the Knave of Hearts illustrate Bergson's thesis. In the former, all the contestants are awarded prizes, thereby ignoring the substance of the poetics essay race, namely, finding a winner.

In the trial scene, the procedures are of paramount importance, the guilt or innocence of the congo white red rubber black death essay defendant being of little significance. In both cases a kind of dessay montpellier, relentless automatism that converts human beings into comic puppets rules supreme. One final observation by Bergson has relevance to Carroll's humor: Any incident is comic that calls our attention to the physical in a person, when it is the white red rubber death essay moral side that is concerned (p. 93). Rpi Required? The humor resides in one's perceiving the tension in a soul tantalised by the needs of the body: on the one hand, the moral personality with its intelligently varied energy, and, on the other, the stupidly monotonous body, perpetually obstructing everything with its machine-like obstinacy (p. 93). Thus, he argues, we laugh at a public speaker who sneezes just at the most pathetic moment of his speech. Our attention is suddenly recalled from the soul to the body.

Alice's frustrations in regulating her body size are cases in point. She longs to enter into the loveliest garden you ever saw but she could not even get her head through the doorway. There are numerous passages in the Alice books, such as Alice's flood of tears and the Duchess' baby's uncontrollable sneezing, in which the human body baffles, betrays and embarrasses the soul. One of the functions of humor, as Bergson sees it, is to congo king red rubber essay, make us human and natural during an age of mechanization. One of essay introductions, Carroll's early poems, Rules and white king red rubber black essay, Regulations, establishes that at the outset of his career he both prized and mocked rigidity. In his fascination with mechanical gadgets he possessed in microcosm a well-ordered, smoothly running universe. In the essays compulsiveness tidiness of both his personal life and his writings he achieved an order not inherent in nature. Neither the elusive garden in Wonderland nor the cool geometry of Looking-Glass Land, however, offers more than a temporary oasis in a mutable, biological, and mortal wasteland.

Carroll recognized that the machinery of conventions and customs, mathematics and logic, helped to define by contrast and congo king red rubber black, momentarily sustain and comfort the frightened, imperfect, and comic adventurer. Bergson, Henri. The Red Pyramid Book Report? Laughter, in Comedy , introd. by Wylie Sypher. New York: Doubleday, 1956.

Buy Essay Online -
Congo: White King, Red Rubber, Black Death | Film Reviews |…

masterpeice resume SUPREME COURT OF CANADA. Citation: Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 , [2011] 2 S.C.R. 387. Alavida Lifestyles Inc. International Trademark Association. Coram: McLachlin C.J. and 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. Congo White King! Alavida Lifestyles Inc. , 2011 SCC 27, [2011] 2 S.C.R. 387. Masterpiece Inc. Appellant. Alavida Lifestyles Inc. Respondent. International Trademark Association Intervener.

Indexed as: Masterpiece Inc. 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 company’s registration of similar trade?mark — Alberta company applying to expunge Ontario company’s trade?mark registration from register of trade?marks — Whether location where mark used is dessay relevant to confusion analysis — What considerations are applicable in assessment of king death essay 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 to start essay, 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. (“Alavida”) are both involved in the retirement residence industry. Death Essay! Since 2001, Masterpiece Inc., operating in writing thesis statement, Alberta, has used several unregistered trade?marks, including “Masterpiece the Art of Living”.

Alavida, operating in Ontario, entered the market in 2005 and applied to register the death essay 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 Alavida’s application, Masterpiece Inc. also began using “Masterpiece Living” and poetics essay, applied to register it and the word “Masterpiece” as its trade?marks in death essay, 2006. Because of Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications were denied. Masterpiece Inc.’s subsequent application to writing thesis, expunge Alavida’s registration was dismissed by the trial judge who concluded that there was no likelihood of confusion between Alavida’s and Masterpiece Inc.’s marks. That decision was upheld on appeal.

Held : The appeal should be allowed and Alavida’s registration should be expunged. This case concerns the basic approach and criteria applicable to white red rubber black death essay, the confusion analysis and in particular, whether there was a likelihood of confusion between Alavida’s trade?mark and to start essay, 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 white red rubber death essay “casual consumer somewhat in a hurry” who encounters the Alavida trade?mark, with no more than an imperfect recollection of any one of the editorial cartoons Masterpiece Inc. trade?marks or trade?name, would be likely to think that Alavida was the same source of 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 congo white king red rubber black death essay inherent distinctiveness of the trade?marks or trade?names and extent to which they have become known; (b) the essays editorial 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 white black degree of resemblance between the trade?marks or trade?names in dessay, appearance or sound or in the ideas suggested by them. The first issue to be determined is whether the location where a mark is used is relevant when considering the likelihood of confusion between a registered trade?mark and a prior unregistered one. White King Red Rubber Death! Generally, pursuant to poetics essay, s. 19 , the owner of a registered trade?mark is entitled to the exclusive use of that mark throughout Canada. The test for confusion is based upon black the hypothetical assumption that the trade?names and trade?marks are used “in the same area”, irrespective of whether this is actually the to start essay introductions case. In order for the owner of a registered trade?mark to have exclusive use of the trade?mark throughout Canada, there cannot be a likelihood of confusion with another trade?mark anywhere in the country. For this reason, the location where the marks were actually used is not relevant. The second question involves the congo white king essay 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. Rights are granted to the first user of a trade?mark in two ways under the Act. Ways To Start Essay Introductions! First, under s. 16, a party normally gains a priority right to red rubber black death essay, 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. Rpi Required Essays! Section 16(3) of the Act recognizes the right of a prior user against any application for registration based upon subsequent use.

Masterpiece Inc. could apply to congo white red rubber black death, expunge Alavida’s trade?mark pursuant to editorial, s. 16(3) of the Act on the grounds of red rubber black essay likelihood of confusion between Alavida’s trade?mark and any of its trade?marks that had been in use before December 1, 2005. Montpellier! Further, Masterpiece Inc. was entitled to have each of its marks separately compared to Alavida’s “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 Alavida’s actual use of 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 congo red rubber black protected words in any form including a format that closely resembled Masterpiece Inc.’s marks. Here, because Alavida’s proposed trade?mark is only the words “Masterpiece Living”, the 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 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 Art of essays editorial 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 trial judge erred in considering that consumers of expensive goods and death essay, services would generally take considerable time to poetics essay, inform themselves about the source of those goods and congo white king black death, services to suggest a reduced likelihood of confusion.

Confusion must instead be assessed from the perspective of the first impression of the poetics essay consumer approaching a costly purchase when he or she encounters the white king red rubber death essay trade?mark. Pyramid Book! 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 the minds of consumers who did not carry out that research. The trial judge’s consideration should have been limited to how a consumer, upon encountering the congo red rubber Alavida mark in the marketplace, with an the red book imperfect recollection of the Masterpiece Inc. marks, would have reacted. In circumstances where a strong resemblance suggests a likelihood of king red rubber black essay confusion, and the other s. 6(5) factors do not point strongly against a likelihood of confusion, cost is pyramid unlikely to lead to a different conclusion. A final issue is the role of expert evidence in the trade?mark confusion analysis. Generally, an expert should only white black essay be permitted to testify if the testimony is likely to be outside the experience and knowledge of the kaufmann montpellier judge. Where the “casual consumer” is congo king black essay not particularly knowledgeable and there is a resemblance between the essays cartoons marks, expert evidence that simply assesses that resemblance will not usually be necessary. Judges should consider the congo king red rubber death essay 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 determine whether the casual consumer would be likely to be confused when first encountering the trade?mark. In this case, Alavida’s expert engaged in a discussion of morphology and semantics instead of considering the marks as a whole.

He also based his analysis on Alavida’s actual post?registration use, rather than the full scope of to start 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. Congo King Red Rubber Essay! Judges should be careful to question the 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 Alavida’s “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the style statement Art of Living”, Masterpiece Inc. has proven that the use of Alavida’s 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 Alavida’s proposed use, Alavida was not entitled under s. White Red Rubber Black Death Essay! 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, [2006] 1 S.C.R. 772; Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R.

824; Housen v. The Red Book! Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235; Hollis v. Dow Corning Corp. , [1995] 4 S.C.R. White King Red Rubber Essay! 634; considered: R. v. Mohan , [1994] 2 S.C.R. Poetics Essay! 9; Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. White King Red Rubber Death Essay! , [1965] S.C.R. 734; esure Insurance Ltd. v. Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C. 34; General Electric Co. v. The General Electric Co. Ltd. , [1972] All E.R. 507; referred to: Partlo v. Essays Editorial Cartoons! Todd (1888), 17 S.C.R.

196; Benson Hedges (Canada) Ltd. v. Congo Black! St. Regis Tobacco Corp. , [1969] S.C.R. Essays Cartoons! 192; Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . Congo White King! (1986), 12 C.P.R. Poetics Essay! (3d) 511, aff’d (1988), 19 C.P.R. (3d) 331; Mr. Submarine Ltd. v. Amandista Investments Ltd. , [1988] 3 F.C. 91; Conde Nast Publications Inc. v. Union des editions modernes (1979), 46 C.P.R. (2d) 183; General Motors Corp. v. Congo White King Red Rubber Black Death! Bellows , [1949] S.C.R.

678. Statutes and Regulations Cited. Trade-marks Regulations , SOR/96?195 . Gill, Kelly, and R. Scott Jolliffe. Fox on Canadian Law of report Trade?marks and Unfair Competition , 4th ed. Toronto: Carswell, 2002 (loose-leaf updated 2006, release 2). Hughes, Roger T., and Toni Polson Ashton. King Red Rubber Black Death Essay! 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 editorial a judgment of the Federal Court of Appeal ( Sexton, Layden?Stevenson and white red rubber black, Trudel, JJ.A.), 2009 FCA 290, [2010] 4 F.C.R. Essays Cartoons! 243, 397 N.R. 180, 78 C.P.R. (4th) 243, 312 D.L.R. (4th) 532, [2009] F.C.J. No.

1263 (QL), 2009 CarswellNat 3122, affirming a decision of king black essay O’Reilly J., 2008 FC 1412, 338 F.T.R. 168, 72 C.P.R. (4th) 160, [2008] 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. Montpellier! Robbins , for the intervener.

The judgment of the Court was delivered by. [1] Trade-marks in Canada are an important tool to assist consumers and businesses. In the marketplace, a business marks its wares or services as an indication of provenance. 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. White Red Rubber! 3894207 Canada Inc. , 2006 SCC 22, [2006] 1 S.C.R. 772, at para. 21. Poetics Essay! 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 opportunity of reviewing the basic approach and criteria applicable to a confusion analysis between competing trade-marks under the congo white red rubber death Trade-marks Act , R.S.C. 1985, c. T-13 (“Act ”). [2] The question in this case is whether the trade-mark “Masterpiece Living”, proposed and subsequently registered by Alavida Lifestyles Inc. (“Alavida”), a company entering the retirement residence industry in Ontario, was then confusing with the unregistered trade-marks or trade-name previously used by dessay kaufmann montpellier, another company, Masterpiece Inc., in the retirement residence industry in Alberta. [3] Masterpiece Inc. contends that Alavida’s trade-mark, on the date its application for congo red rubber essay, 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 its mark because of its confusing similarity to Masterpiece Inc.’s trade-name and trade-marks, which were used prior to Alavida’s application. To Start Essay! Thus, it argues, the registration is invalid and should be expunged. [4] Masterpiece Inc. was unsuccessful in red rubber death essay, the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and poetics essay, Federal Court of Appeal (2009 FCA 290, [2010] 4 F.C.R. 423) and now appeals to this Court. [5] I am of the respectful opinion that the learned trial judge and the Federal Court of Appeal in this case did not interpret and congo white king death essay, apply the criteria for determining confusion correctly.

Upon a correct interpretation and application, I conclude that Alavida’s proposed trade-mark “Masterpiece Living” was confusing with at least one of Masterpiece Inc.’s trade-marks when the registration application was filed on December 1, 2005. Poetics Essay! 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 Alavida’s mark, it is not necessary to perform a confusion analysis between the congo red rubber black other of Masterpiece Inc.’s trade-marks and its trade-name with Alavida’s mark. I would allow the appeal and order the Registrar of Trade-marks to expunge Alavida’s registration from the register of trade-marks. [6] I should make clear that this decision deals only with the question of expungement of Alavida’s trade-mark registration for “Masterpiece Living”. Ways Introductions! 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. [7] Both Masterpiece Inc. and Alavida operate in the retirement residence industry. Prior to December 2005, Masterpiece Inc. used several trade-marks which included the word “Masterpiece”, as well as its trade-name “Masterpiece Inc.”. Alavida entered the market near the end of 2005 and congo white king red rubber death essay, applied to register the trade-mark “Masterpiece Living” to market its services. [8] Masterpiece Inc. was incorporated in rpi required essays, 2001.

In the years between 2001 and congo red rubber death essay, 2005, it undertook two retirement residence construction and 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. [9] Concurrently, Masterpiece Inc. used several unregistered trade-marks which involved the word “Masterpiece” including “Masterpiece the poetics essay Art of congo black essay Living”, “Masterpiece the Art of Retirement Living”, and a stylized word “Masterpiece” alongside a butterfly logo. It also used other marks, including the dessay kaufmann montpellier trade-mark “Club Sierra”, in its advertisements. [10] Alavida, a subsidiary of 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. [11] Shortly after Alavida’s application, Masterpiece Inc. Congo White! changed its branding slightly, and poetics essay, 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 Alberta, another in Ontario, using the trade-mark “Masterpiece Living” in white king black essay, the retirement residence industry. [12] In January 2006, Masterpiece Inc. Poetics Essay! applied to register “Masterpiece” as a trade-mark, and in June 2006, it applied to register the trade-mark “Masterpiece Living”. Black Death Essay! As a result of Alavida’s 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 Alavida’s trade-mark “Masterpiece Living”. [13] On March 16, 2007, Masterpiece Inc. commenced this application to expunge Alavida’s registration. Poetics Essay! It appears that Masterpiece Inc. did not oppose Alavida’s application. However, it was not argued that its failure to white king essay, do so had any impact on the expungement proceedings. III. Federal Court.

[14] O’Reilly J. dismissed Masterpiece Inc.’s application to expunge the Alavida trade-mark. [15] He found that if Alavida’s 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. Book! 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 application” (para. King Black Essay! 9). [16] The trial judge found that Masterpiece Inc. had shown “ some use” of the trade-name “Masterpiece” and related marks including the rpi required essays word “Masterpiece” prior to Alavida’s application (at para. 19 (emphasis in original)), although he found the congo white king red rubber death use was rather sporadic. Writing Style! He then considered whether there was a likelihood of confusion, under s. 6(5) of the congo white king red rubber black death Act , between Alavida’s trade-mark and these prior marks on the date of filing of Alavida’s application for essays editorial, registration. [17] 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. 41), but that there had been no acquired distinctiveness through use in any of Masterpiece Inc.’s marks on the relevant date (para.

42). On the issue of the resemblance between the marks, the trial judge accepted observations made by one of Alavida’s experts that Alavida’s 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 resemblance” as between the two companies’ marks, these differences in use served to reduce the likelihood of congo confusion (para. 46). He also observed that the choice of 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 essays editorial cartoons confusion. [18] 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 trade-marks and white king red rubber death essay, Alavida’s registered trade-mark. IV.

Federal Court of Appeal. [19] At the Federal Court of Appeal, Sexton and Trudel JJ.A., writing for the court, dismissed Masterpiece Inc.’s appeal. [20] The Court of Appeal upheld the findings of the trial judge that the relevant date for the confusion analysis was the date of poetics essay filing of Alavida’s trade-mark application, December 1, 2005. This finding was then applied to reject evidence presented by Masterpiece Inc. that by December 1, 2005, it had unexecuted plans to expand into the central Canadian market. The court found that the possibility of future confusion was not relevant to the assessment of confusion under the Act , and congo king red rubber black death, therefore Masterpiece Inc.’s intention to expand its operations into montpellier new markets was irrelevant. It stated, at congo white red rubber black death essay para. 22: At the date of filing of the respondent’s trade-mark, the appellant did not sell its product in poetics essay, the same market as the respondent. This Court need not consider the appellant’s plans for expansion after that date. [21] The balance of the Court of Appeal reasons also generally agreed with the trial judge’s approach to the confusion analysis, and white black, found no palpable and overriding errors in his consideration of the evidence. Essays Cartoons! Thus, it held that Alavida’s registration should be maintained and dismissed Masterpiece Inc.’s appeal.

V. Death! Issues on Appeal. [22] 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 applied for or registered trade-mark and a prior unregistered trade-mark or trade-name? 2. Rpi Required Essays! What considerations are applicable in the assessment of the resemblance between a proposed use trade-mark and an existing unregistered trade-mark? 3. When considering the “nature of the trade” under s. Congo White Essay! 6(5) of the Act , what effect does the nature and cost of the wares or services have on the confusion analysis? 4. When should courts take into account expert evidence in trade-mark or trade-name confusion cases?

[23] Sections of the Act relevant to this appeal are reproduced in the Appendix at the conclusion of essays these reasons. A. Black Essay! Is the Location Where a Mark Is Used Relevant When Considering the Likelihood of Confusion Between an Applied for or Registered Trade-Mark and a Prior Unregistered Trade-Mark or Trade-Name? [24] In the Federal Court of 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 the determination of confusion. While those plans have now been executed, and Masterpiece Inc. is operating in the retirement residence industry in essays cartoons, Quebec, on December 1, 2005, they were merely plans. [25] The Federal Court of congo black essay 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 its plans. Some of these authorities suggested that the geographical location where two trade-marks are used or proposed to be used does not affect the likelihood of confusion. [26] Distinguishing these authorities could be seen as an acceptance that the geographical locale in which marks are used or proposed to be used is relevant for determining whether there is style a likelihood of confusion. Indeed, in this Court, there was an intervention by the International Trademark Association which sought to congo white king black, address only this point. 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 dessay kaufmann montpellier, Ontario. [27] While it is not entirely clear that the Federal Court of Appeal’s reasons should be read as suggesting that geography is relevant, I would take this opportunity to dispel any doubt on this point.

[28] The Canadian trade-marks regime is national in congo white king black, scope. The owner of the red book report a registered trade-mark, subject to a finding of congo black death invalidity, is entitled to report, the exclusive use of that mark in association with the wares or services to which it is connected throughout Canada. Section 19 of the Trade-marks Act provides: 19. Subject to red rubber black death, sections 21 , 32 and essays editorial, 67 , the white king red rubber black essay registration of a trade-mark in respect of any wares or services, unless shown to be invalid, gives to the owner of the trade-mark the essays exclusive right to the use throughout Canada of the trade-mark in respect of those wares or services. [29] With respect to congo white death essay, confusion, ss. 6(1) and (2) of the Trade-marks Act provide: 6. (1) For the purposes of to start introductions 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 this section. (2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in white black death essay, the same area would be likely to essays, 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 same formula is used “ if the white essay use of style thesis both . . . in the same area would be likely to lead to the inference”. [30] It is immediately apparent from these words, “if the use of both . . . in the same area”, that the congo king red rubber test for confusion is based upon the hypothetical assumption that both trade-names and trade-marks are used “in the same area”, irrespective of whether this is the red book report actually the case. As a result, geographical separation in the use of otherwise confusingly similar trade-names and trade-marks does not play a role in this hypothetical test. Congo Red Rubber Death Essay! 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. [31] In order for the owner of a registered trade-mark to style statement, have exclusive use of the trade-mark throughout Canada, there cannot be a likelihood of confusion with another trade-mark anywhere in the country. [32] 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 registration of a proposed trade-mark that is registrable is entitled , subject to sections 38 and 40 , to secure its registration in respect of the 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 black essay, Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for essays, 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. [33] Whether in assessing trade-mark infringement under s. Congo Red Rubber Black Death Essay! 19 or entitlement under s. 16, the test for likelihood of writing style thesis confusion is the same.

The application of the black death essay hypothetical test reflects the legislative intent to provide a national scope of protection for registered trade-marks in Canada (see D. Essays Editorial Cartoons! 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? [34] To clarify the proper approach to congo white red rubber black essay, assessing the resemblance between a proposed use trade-mark and 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 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 ways to start essay introductions, assess the unregistered marks according to their actual use; and. (7) the resemblance between the trade-marks in issue.

While these issues are relevant in this case, they are not intended to be an white red rubber death exhaustive list of all considerations that are relevant in assessing resemblance. (1) The Relationship Between Use and Registration. [35] At the ways to start introductions outset, it is important to recall the relationship between use and registration of a trade-mark. Congo King Essay! Registration itself does not confer priority of title to a trade-mark. At common law, it was use of a trade-mark that conferred the exclusive right to the trade-mark. While the Trade-marks Act provides additional rights to 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 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 . . . . [36] That principle established under Canada’s early trade-mark legislation continues under the present Act . Rights arising from use have been incorporated into the Act by granting rights to the first user of a trade-mark in montpellier, two ways. First, under s. 16 , a party normally gains a priority right to register a trade-mark when it first uses that trade-mark. Congo White King Red Rubber! Second, a user is also able to oppose applications or apply to expunge registrations based on its earlier use of a confusing trade-mark. Writing Thesis Statement! This explains why an unregistered trade-mark of Masterpiece Inc. can be the basis of a challenge to red rubber black death essay, Alavida’s subsequent registration application.

Section 16(3) of the 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 no relevance here, where the trade-mark has been registered. [37] It should also be explained why Alavida’s application for a proposed trade-mark on December 1, 2005, would preclude Masterpiece Inc.’s subsequent trade-mark applications based on actual use. As noted above, at thesis statement common law, trade-mark protection only arose from actual use. However, under the current Trade-marks Act , the opportunity was created for an applicant to claim priority as of the congo black death essay date the applicant files for a proposed but yet unused trade-mark. Registration will, however, not occur unless the ways applicant subsequently provides a declaration demonstrating that the proposed trade-mark was actually used within the time specified in congo red rubber, s. 40(2) of the Act . [38] In this case, Alavida did provide such a declaration, with the result that its priority claim as of December 1, 2005, the poetics essay date it filed its registration application, precluded Masterpiece Inc. from obtaining registration of “Masterpiece Living”, the exact same trade-mark as Alavida, by a subsequent application based on congo king death essay use after December 1, 2005. Instead, it would have had to oppose Alavida’s application or would have to essays editorial, apply to congo red rubber death essay, expunge Alavida’s trade-mark registration on the grounds of likelihood of confusion between Alavida’s trade-mark and its trade-marks or trade-name that had been in use before December 1, 2005. The Red Pyramid Report! Because Masterpiece Inc. did not oppose Alavida’s application, which was granted, the only remedy open to Masterpiece Inc. was to apply to congo death essay, have Alavida’s 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.

[39] The question at the centre of this case is to start introductions whether there was confusion between Alavida’s and Masterpiece Inc.’s trade-marks or trade-name in congo king black death essay, terms of s. 6 of the Act . In my respectful opinion, the learned trial judge erred in law when conducting the confusion analysis, and thereby erred in his conclusion that Masterpiece Inc. had not established confusion between its trade-name and trade-marks and Alavida’s now registered trade-mark. [40] At the outset of this confusion analysis, it is useful to bear in ways to start introductions, mind the test for white death, confusion under the Trade-marks Act . In Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. 824, Binnie J. restated the traditional approach, at para. Essay Introductions! 20, in the following words: The test to be applied is congo king red rubber black death essay a matter of first impression in the mind of a casual consumer somewhat in poetics essay, a hurry who sees the [mark], at a time when he or she has no more than an imperfect recollection of the [prior] trade-marks, and black death essay, does not pause to give the writing style statement matter any detailed consideration or scrutiny, nor to examine closely the similarities and differences between the marks. Binnie J. Essay! referred with approval to the words of Pigeon J. in Benson Hedges (Canada) Ltd. v. St. Dessay! Regis Tobacco Corp. , [1969] S.C.R. 192, at p. White Red Rubber Essay! 202, to contrast with what is not to be done — a careful examination of competing marks or a side by side comparison. [41] In this case, the 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 Masterpiece Inc. trade-marks or trade-name, would be likely to be confused; that is, that this consumer would be likely to think that Alavida was the same source of retirement residence services as Masterpiece Inc.

(3) The Necessity to Consider Each Mark Separately. [42] As noted above, the 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. [43] Under s. 16(3), even one confusingly similar trade-mark or trade-name will invalidate Alavida’s registration. In pleading several potentially confusingly similar trade-marks and trade-names, Masterpiece Inc. Writing Style Thesis! presented several distinct bases for an invalidation of Alavida’s registration. [44] Section 6(5) of the Act sets out the black essay 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 kaufmann, 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 white king death 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. [45] Some of the poetics essay s. 6(5) factors that guide the death essay confusion analysis will be the same for each of the trade-marks and trade-name in this case. Montpellier! For example, all of the evidence suggests that Masterpiece Inc. only engaged in congo king death, the retirement residence industry and used all of its marks in relation to that industry.

In others, each mark will have to be considered separately. Essays Cartoons! For example, because the Masterpiece Inc. trade-marks are different in content from one another, and are different from the trade-name, it will be necessary to consider the similarity of Alavida’s proposed trade-mark, “Masterpiece Living”, to each of the trade-marks and congo white king, trade-name for essay introductions, which Masterpiece Inc. has established use. [46] 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 Art of Living”. Alavida’s application for registration was for the trade-mark “Masterpiece Living”. It was therefore necessary to compare Alavida’s “Masterpiece Living” with each of Masterpiece Inc.’s trade-marks and red rubber essay, trade-name separately. [47] However, instead of undertaking a separate resemblance analysis comparing each of Masterpiece Inc.’s marks and trade-name with Alavida’s mark, the trial judge undertook a single composite analysis. He only essays editorial considered the issue of white king red rubber black essay resemblance between “Masterpiece Living” and all of Masterpiece Inc.’s trade-marks and trade-name generally. At para.

46, he stated: There is obviously a degree of resemblance as between Masterpiece Inc.’s trade-name and marks and Alavida’s registered mark for “Masterpiece Living”. However, as part of the overall circumstances, I note that Alavida’s use of “Masterpiece Living” has been in the nature of a slogan accompanying its corporate identity. By contrast, Masterpiece Inc. uses “Masterpiece” to identify the company itself, along with various other words and phrases of far lesser prominence, alongside a distinctive butterfly logo. These differences help reduce the likelihood of confusion. [Emphasis added.] [48] However, under ss.

16(3) ( a ) and ( c ) of the Act , Masterpiece Inc. was entitled to assert, and have considered, any of the pyramid report marks or trade-name that it had used prior to December 1, 2005, as a basis to challenge Alavida’s application for registration. In my opinion, the congo red rubber black essay trial judge erred in not conducting the separate analysis required by 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 this error. (4) The Approach to poetics essay, Testing for Resemblance. [49] In applying the king essay s. 6(5) factors to the question of writing style thesis statement confusion, the trial judge conducted his analysis in king black essay, 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 do so, the degree of resemblance, although the last factor listed in s. 6(5) , is the statutory factor that is often likely to have the greatest effect on essays the confusion analysis (K. Gill and R. S. Jolliffe, Fox on king red rubber black death essay Canadian Law of Trade-marks and Unfair Competition (4th ed. (loose-leaf)), at p. 8-54; R. T. Hughes and T. P. Ashton, Hughes on Trade Marks (2nd ed. Pyramid! (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). As a result, it has been suggested that a consideration of white king red rubber death essay resemblance is where most confusion analyses should start ( ibid. Rpi Required! ). [50] I will therefore first review the trial judge’s consideration of the black death essay 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.

[51] 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 Alavida’s registered mark” (para. 46). [52] It is clear from the trial judge’s reasons that he took into account Alavida’s actual use of its mark in comparing the Alavida and style statement, 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 Alavida’s use of congo white king black death essay “Masterpiece Living” has been in editorial cartoons, the nature of a slogan accompanying its corporate identity. [53] In my opinion, the trial judge’s consideration of Alavida’s actual use of king red rubber black its mark was problematic.

The difficulty is ways 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 Alavida under its registration. As found by Binnie J. in Mattel , at para. White Black Death Essay! 53: The appellant argued that the courts below erred in dessay montpellier, looking at the respondent’s actual operations rather than at white king red rubber black death essay the terms set out in its application for the red pyramid, the proposed trade-mark. It is quite true that the proper focus is the terms of the application, because what is at congo white red rubber essay issue is what the registration would authorize the respondent to rpi required essays, do, not what the congo king red rubber black essay respondent happens to be doing at the moment. [54] Alavida’s registration process began on December 1, 2005, with an poetics essay application based on congo king red rubber essay proposed use. Dessay Montpellier! At s. 30, the Act sets out what must be included in an application for registration. When submitting the white king black essay application, an essays cartoons applicant is required to provide a formulation of its trade-mark in addition to various other pieces of information.

The trade-mark on 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.), aff’d (1988), 19 C.P.R. (3d) 331 (F.C.A.)). The application may identify the mark as being used only congo black essay 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 ways essay scope of trade-mark rights: s. 35 of the Act . [55] In this case, Alavida’s registration (TMA 684,557) identifies the trade-mark that Alavida applied for black, and was subsequently registered — the words “Masterpiece Living”. This trade-mark is identified only in a textual form. It would therefore permit Alavida to use the words “Masterpiece Living” in any size and with any style of lettering, color or design.

As found by essays cartoons, the Federal Court of Appeal in Mr. Submarine Ltd. v. Amandista Investments Ltd. , [1988] 3 F.C. White King Essay! 91: Nothing restricts the appellant from changing the colour of its signs or the style style of lettering of “Mr. Submarine” or from engaging in congo king death essay, a telephone and delivery system such as that followed by the respondent or any other suitable system for the sale of its sandwiches. Were it to make any of these changes its exclusive right to the use of poetics essay “Mr. Submarine” would apply just as it applies to its use in the appellant’s business as presently carried on. Whether the respondent’s trade marks or trade names are confusing with the appellant’s registered trade mark must accordingly be considered not only having regard to the appellant’s present business in the area of the respondent’s 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 association with the sandwiches or services sold or provided in the operation. [Emphasis added; pp. 102-3.] [56] When engaging in a confusion analysis, it is important to keep in mind that the exclusive rights granted by congo red rubber death, the Act refer to a registered trade-mark (ss.

19 , 20 and 21 ). Where a court is called upon to kaufmann, 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 white king red rubber essay registration was ultimately obtained. [57] If the trial judge had recognized that it was open to Alavida to use its trade-mark in any way within the scope of its registration, he would have had to style statement, conclude that the actual use by Alavida did not limit Alavida’s rights. Alavida was entitled to use the words in any form. [58] The problem with an white king black essay analysis which takes into account limited use becomes apparent by observing that the bare words “Masterpiece Living” could be presented in rpi required, many ways under the registration. Nothing would prevent Alavida from altering its advertising to red rubber essay, highlight the word “Masterpiece” and give the word “Living” less prominence, just as Masterpiece Inc. had done, or from changing the font or style of lettering that it had used. [59] For this reason, it was incorrect in law to limit consideration to Alavida’s post-application use of its trade-mark to find a reduced likelihood of confusion. Montpellier! 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. [60] As for Masterpiece Inc., because its trade-marks were unregistered on December 1, 2005, it may only rely on white king death 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 writing statement, that date (see s. 17(1)). There is no suggestion of abandonment in this case (transcript, at p. 17, lines 8-12). (7) The Resemblance Between the Trade-Marks in Issue. [61] In a case such as this, comparison can be approached by considering only those characteristics that define the relevant trade-marks or trade-name.

It is only these elements that will allow consumers to congo king red rubber, distinguish between the two trade-marks or between the dessay kaufmann trade-mark and the trade-name. Here, because Alavida’s 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, Alavida’s “Masterpiece Living” is closest to Masterpiece Inc.’s “Masterpiece the Art of Living”. I think that comparing this Masterpiece Inc. trade-mark with the Alavida trade-mark is decisive. If Alavida’s mark is not likely to cause confusion with this Masterpiece Inc. mark, it is unnecessary to consider the other Masterpiece Inc. marks and trade-name which are less similar to king red rubber, the Alavida trade-mark. Conversely, if Alavida’s trade-mark is to start found to be likely to 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 king red rubber Art of rpi required essays Living” trade-mark is considered. [62] Resemblance is white king red rubber black death essay 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 definition of “resemblance”.

The term “degree of poetics essay 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. [63] The first word in both Alavida’s and Masterpiece Inc.’s trade-marks is the white red rubber black death identical word “Masterpiece”. It has been held that for writing style thesis, 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. Congo King Death Essay! 188, per Cattanach J.). [64] While the first word may, for purposes of distinctiveness, be the most important in 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 Masterpiece Inc. from other sources of retirement residence services. Ways To Start Essay! It is a reasonable conclusion that “Masterpiece” is the dominant word in these trade-marks, and it is obviously identical as between Alavida and white king black essay, Masterpiece Inc.

By the same token, in the context of the poetics essay retirement residence industry, the idea evoked by the word “Masterpiece”, high quality retirement lifestyle, is the same for both Alavida and Masterpiece Inc. Finally, the congo white king red rubber black death word “Living” is identical as between the Alavida and Masterpiece Inc. Writing Thesis Statement! trade-marks. [65] Given these striking similarities, it is, in my respectful view, very difficult not to find a strong resemblance as a whole between the two, Masterpiece Inc.’s trade-marks and congo white red rubber death, Alavida’s trade-mark. C. When Considering the “Nature of the Trade” Under Section 6(5) of the Act , What Effect Does the Nature and rpi required essays, Cost of the congo white king black death essay Wares or Services Have on the Confusion Analysis? [66] A further difficulty is the trial judge’s consideration of the cost associated with a retirement residence. He found that consumers in the market for a retirement residence will take more care and poetics essay, ultimately will be less likely to congo white red rubber death essay, be led astray by confusing trade-marks than if they were in the market for essays editorial cartoons, less expensive wares or services. In taking into account both the nature of the parties’ business under s. 6(5)( c ) and the “nature of the trade” under s. 6(5)( d ), the trial judge wrote: Turning to the nature of the black essay business, both companies operate in the area of expensive retirement residences and services.

People take considerable care in 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 book report first impressions. They will generally take considerable time to inform themselves about the source of expensive goods and services ( General Motors Corp. v. Congo Essay! Bellows , [1949] S.C.R. Writing Style! 678). [Emphasis added; para. 43.] [67] This Court has affirmed that consumers in the market for expensive goods may be less likely to 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 white king death, cost of expensive goods and services to change the montpellier likelihood of confusion test from one of first impression of a trade-mark to congo king, a test of consumers being “unlikely to kaufmann montpellier, make choices based on first impressions”. King Red Rubber Essay! This approach is not consistent with the test for confusion under s. Cartoons! 6(5) which has been consistently endorsed by this Court, most recently in Veuve Clicquot . [68] While the hypothetical test for likelihood of king black 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 . . . . [69] However, as one element of the essay broader hypothetical test, this care or attention must relate to 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. As Rand J. put it in General Motors Corp. v. Congo White King Black Essay! Bellows , [1949] S.C.R. 678, at p. 692:

Do the editorial words then in that situation [refrigerators] lend themselves to the errors of faint impression or recollection of the average person who goes to their market ? [Emphasis added.] [70] The focus of this question is the white king red rubber black essay attitude of a consumer in the marketplace. Properly framed, consideration of the essays editorial cartoons nature of the wares, services or business should take into 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. Congo King Red Rubber Death Essay! The reduced likelihood of confusion is still premised on the first impression of consumers when they encounter the marks in rpi required essays, question. Where they are shopping for 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 its similarity or difference with that of the prior trade-mark. A trade-mark, as Binnie J. observed in Mattel , is death essay a shortcut for consumers. That observation applies whether they are shopping for more or less expensive wares or services. [71] It is not relevant that, as the trial judge found, consumers are “unlikely to ways introductions, make choices based on first impressions” or that they “will generally take considerable time to inform themselves about the source of expensive goods and services” (para. 43).

Both of these — subsequent research or consequent purchase — occur after the congo white king black death consumer encounters a mark in the marketplace. [72] This distinction is important because even with this increased attentiveness, it may still be likely that a consumer shopping for book, 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 expensive goods, through their own caution and wariness, should lose the congo red rubber benefit of trade-mark protection. It is the red 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. [73] 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 congo white black death essay, business the consumer initially thought he or she was encountering in seeing the trade-mark.

Leading consumers astray in ways to start introductions, 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. [74] 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 trial judge should have instead limited his consideration to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the red rubber death Masterpiece Inc. mark, would have reacted. Ways! 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 congo white king red rubber black 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 a likelihood of confusion, then the cost is unlikely to ways to start, lead to white king, a different conclusion. D. When Should Courts Take Into Account Expert Evidence in Trade-Mark Confusion Cases? (1) The Judge’s Role in Controlling the pyramid book Admission of Expert Evidence. [75] Tendering expert evidence in trade-mark cases is congo white king death essay no different than tendering expert evidence in other contexts. This Court in R. v. Mohan , [1994] 2 S.C.R. Poetics Essay! 9, set out four requirements to be met before expert evidence is congo white king black death accepted in a trial: (a) relevance; (b) necessity in assisting the trier of fact; (c) the absence of any exclusionary rule; and (d) a properly qualified expert. In considering the standard for essays editorial cartoons, the second of these requirements, “necessity”, the white red rubber Court explained that an expert should not be permitted to testify if their testimony is not “likely to be outside the experience and knowledge of a judge”: This pre-condition is often expressed in terms as to whether the evidence would be helpful to the trier of fact. The word “helpful” is not quite appropriate and sets too low a standard.

However, I would not judge necessity by too strict a standard. What is the red pyramid report required is that the opinion be necessary in the sense that it provide information “which is white king likely to be outside the experience and knowledge of a judge or jury”: as quoted by Dickson J. in R. v. Abbey , supra . As stated by Dickson J., the evidence must be necessary to enable the trier of fact to appreciate the matters in issue due to their technical nature. [p. 23] [76] In light of the relatively extensive expert evidence in this case, and rpi required, 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 white black essay, potentially distracting expert and survey evidence is ways to start essay introductions not allowed to extend and complicate court proceedings. While this observation applies generally, I focus particularly on trade-mark confusion cases, which is the subject of this appeal. [77] If a trial judge concludes that proposed expert evidence is white black death unnecessary or irrelevant or will distract from the issues to be decided, he or she should disallow such evidence from being introduced. Poetics Essay! I will also suggest that proposed expert and survey evidence be a matter for consideration at the case management stage of 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. [78] A significant part of the trial judgment, and argument in this Court, was dedicated to the expert evidence submitted by the parties. King Black Death Essay! This evidence took two forms: expert testimony adduced by Alavida on how a consumer is likely to the red book report, 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. [79] It is apparent that the expert evidence on either side was not particularly helpful. Significant portions of the evidence were contradictory and acrimonious. Congo White King Red Rubber Black! In the result, these disputes appear to have substantially distracted from the confusion analysis rather than assisting it. [80] The first problem was that much of the expert testimony did not meet the second Mohan requirement of being necessary. In a case such as this, where the “casual consumer” is essays 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. And it will be positively unhelpful if the expert engages in an analysis that distracts from the congo king red rubber death hypothetical question of likelihood of confusion at the centre of the analysis. [81] The evidence of one of Alavida’s experts consisted in part of a discussion of essays editorial cartoons morphology, semantics, rules of grammar and conventions of expression.

This led him to conclude that in congo white king red rubber death, the case of Alavida’s “Masterpiece Living” trade-mark, the essays focus of the mark is on 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 white king death likelihood of confusion. [82] I have considerable difficulty understanding how this expert reached these conclusions on essays the basis of his analysis. If a conclusion is rational, an expert must be able to explain the congo white king reasons for it. This is especially so where the opposite conclusion seems intuitively more likely. No such explanation was provided. The distinctive word is “Masterpiece” in kaufmann, both cases, not “Living”. Congo King Black Death! “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. The Red Pyramid Book Report! As discussed above, in this case, it is apparent that in the retirement residence industry, Alavida’s “Masterpiece Living” closely resembles Masterpiece Inc.’s “Masterpiece the Art of Living”. [83] Neither an expert, nor a court, should tease out and analyze each portion of death essay a mark alone. Rather, it should consider the mark as it is encountered by kaufmann montpellier, the consumer — as a whole, and as a matter of first impression. In Ultravite Laboratories Ltd. Congo Death! v. Whitehall Laboratories Ltd. , [1965] S.C.R. 734, Spence J., in deciding whether the words “DANDRESS” and “RESDAN” for removal of dandruff were confusing, succinctly made the point, at writing thesis statement pp. 737-38: “[T]he test to be applied is with the average person who goes into congo king red rubber death essay the market and not one skilled in semantics.” [84] 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, [2008] R.P.C.

34, at para. 45, per Arden L.J. This is because, while the consumer looks at the mark as a whole, some aspect of the rpi required essays mark may be particularly striking. That will be because that aspect is the most distinctive part of the whole trade-mark. In this case, contrary to congo black essay, the view of the expert, the most distinctive and dominant component of the dessay montpellier marks in issue is in all cases the word “Masterpiece” because it provides the content and white red rubber black death essay, punch of the trade-mark. The word “Living” is bland by comparison. [85] Another difficulty with this expert evidence is that it compared Masterpiece Inc.’s marks with Alavida’s trade-mark in the format and font in which it was used by Alavida subsequent to December 1, 2005. The expert did not, as was necessary in this case, consider any other presentation available to Alavida in accordance with its trade-mark registration. For example, as discussed above, nothing would preclude Alavida from using the same format and font as Masterpiece Inc. and giving prominence to the word “Masterpiece” in editorial cartoons, the same manner as Masterpiece Inc. This may have been what led the trial judge into congo death 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 trade-name that it would reduce the likelihood of confusion.

[86] Another problematic example in the expert evidence relates to the expert’s reference to the cost and importance of the goods or services in dessay, question. Congo White King Red Rubber Essay! The expert expresses the opinion: As decision extend[s] from the shallow to rpi required, the grave end of the decision spectrum, consumers exert a higher degree of consumer care and attention, increase their efforts to acquire information, engage in elaborate product search behaviours, and judge competing offers with elevated levels of scrutiny. Most importantly, as the degree of congo king red rubber essay care exercised increases, the likelihood of confusion decreases. [A.R., vol. II, at p. 75] [87] It is apparent that the style expert was focusing on points in time after the king death essay 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 pyramid book Trade-marks Act that occurred when the consumer first encountered the trade-mark. The expert made assumptions of law that were wrong, and congo white king black essay, his conclusions were therefore wrong. This may have diverted the trial judge from the correct legal test to apply when judging confusion.

[88] In view of these and other difficulties with the expert evidence in 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 ways introductions, the observations of Lord Diplock in General Electric Co. v. The General Electric Co. Ltd. , [1972] 2 All E.R. Red Rubber Death! 507 (H.L.). He distinguished between goods sold in a specialized market of poetics essay sophisticated consumers engaged in a particular trade, e.g., large industrial electrical machinery, on congo king red rubber black death the one hand, and those sold to the general public, on dessay kaufmann the other.

Where the market is specialized, evidence about the 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: . . . the question whether such buyers would be likely to be deceived or confused by the use of the trade mark is a ‘jury question’. By that I mean that if the white king black issue had now, as formerly, to 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. [89] The question is not answered differently when the issue is determined by a judge. Lord Diplock wrote, continuing at p. 515: The judge’s approach to the question should be the same as that of a jury. He, too, would be a potential buyer of the poetics essay goods. He should, of course, be alert to the danger of allowing his own idiosyncratic knowledge or temperament to influence his decision, but the whole of his training in the practice of the law should have accustomed him to this, and congo white king red rubber essay, this should provide the safety which in the case of rpi required essays 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 king red rubber black death essay 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.] [90] In esure , the same concern and caution was expressed about expert evidence of poetics essay confusion. At para. 62, Arden L.J. stated: Firstly, given that the critical issue of confusion of any kind is to be assessed from the viewpoint of the average consumer, it is difficult to see what is gained from the evidence of an expert as to his own opinion where the tribunal is in a position to form its own view. That is not to say that there may not be a role for an expert where the markets in question are ones with which judges are unfamiliar . . White Black Death Essay! . . [91] 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. At p. 738, he stated:

In expressing my view, I am putting myself in the position of the style statement average person going into congo white king red rubber black death the market to purchase a dandruff remover and hair tonic. [92] I would endorse these comments about essays, expert evidence and follow the approach of Spence J. in congo white death essay, Ultravite, the thesis statement House of congo black death essay Lords in style, General Electric and the English Court of Appeal in congo king black essay, esure . In cases of essays 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. [93] Surveys, on the other hand, have the potential to provide empirical evidence which demonstrates consumer reactions in the marketplace — exactly the question that the trial judge is congo white king black addressing in a confusion case. This evidence is not something which would be generally known to a trial judge, and rpi required, 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. [94] The use of white king black essay consumer surveys in trade-mark cases has been recognized as valid evidence to introductions, inform the confusion analysis. As Binnie J. noted in Mattel , often the difficulty with survey evidence is whether it meets the first of the Mohan requirements: relevance. At para. Congo Red Rubber Death Essay! 45, he further divided the question of thesis statement relevance into two sub-issues:

As to the usefulness of the results, assuming they are elicited by a relevant question, courts have more recently been receptive to such evidence, provided the survey is both reliable (in the 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.] [95] In Mattel , the survey at issue was found to congo red rubber black essay, be invalid, as it did not address the poetics essay likelihood of confusion, only congo white king red rubber essay a “mere possibility, rather than a probability, of confusion” (para. 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 “Barbie’s” (para. 1 (emphasis in essays, original)). [96] In this case, the problem is white king essay somewhat different. Unlike Mattel, Masterpiece Inc. had not yet established a presence in the community in 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 the second mark. This is not asking questions “in the right way, in the right circumstances” to elicit evidence of how those with an imperfect recollection of Masterpiece Inc.’s marks would react to Alavida’s proposed mark. For a survey to writing statement, 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 congo black essay, valid.

[97] 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. [98] I do not know the exact circumstances in which the expert evidence was introduced in this case or what was requested of the trial judge, and there is no suggestion that the trial judge erred in admitting it. Poetics Essay! Nonetheless, I think it is congo white red rubber black essay apparent, particularly with respect to the survey, that the evidence was of little assistance to the trial judge and indeed distracted from the required confusion analysis. [99] Where parties propose to rpi required essays, 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. [100] I would further suggest that it would be salutary to congo king red rubber black death, have a case management judge assess the 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. [101] As I have said, I do not know the exact pre-trial procedures in dessay montpellier, this case or whether the Federal Court generally includes the 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 congo king red rubber black survey in this case. I have had regard to her recommendation for rpi required essays, case management direction on proposed surveys in making the recommendation outlined above. Congo King Black Death Essay! As she explained, at para. 64: My object of referring to this developing practice [case management directions] is to give it wider publicity and to encourage practitioners in this field to use this mechanism, so that any waste of rpi required essays costs and court resources is minimised. My object is the same.

VII. The Confusion Analysis. [102] The determination of whether a likelihood of source confusion exists is a fact-finding and inference-drawing exercise, and thus, appellate courts should generally defer to the trial judge’s fact findings and inferences, unless the facts and inferences were based on an error of black law or constituted a palpable or overriding error of fact: Housen v. Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235. [103] In this case, three errors of law have been identified in the interpretation and application of the confusion analysis conducted by the trial judge. Writing Style Statement! It is now necessary to consider whether the matter should be remitted to the trial judge for congo white king red rubber essay, redetermination in accordance with these reasons, or whether this Court should make a fresh assessment of the evidence. In Hollis v. Dow Corning Corp. , [1995] 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 rpi required essays evidence on the record where they deem such an assessment to be in white, the interests of rpi required justice and feasible on a practical level . . . . In Hollis , the “bulk of the critical evidence adduced at trial was documentary, not testimonial” which made the reassessment feasible. King Red Rubber Death Essay! 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 rpi required essays, the issue of confusion. Congo White Red Rubber Essay! 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 matter. [104] 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 essays editorial cartoons, Alavida’s 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 congo king death thinking that the source of the services associated with the Alavida trade-mark was one and rpi required essays, the same as the source of the services associated with the Masterpiece Inc. trade-mark. The question now is whether any of the other circumstances reduce this likelihood of congo king essay confusion to the point that confusion is not likely to occur.

[105] As to the cost and ways essay, importance of retirement residence services, such considerations are relevant. However, in view of the close resemblance between the marks, even a consumer in the market for relatively expensive retirement residence accommodation would not likely recognize that Alavida’s “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 the marks as a whole and the dominant word “Masterpiece” in particular, there is little to dispel the white essay consumer from thinking that the source of the marks was the same. [106] As to the nature of the 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. Writing Style Thesis! Alavida’s 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 king red rubber black death essay, concierge services. [R.R., vol. Editorial Cartoons! I, at congo white red rubber black death p. 210] [107] Nothing in this registration limits Alavida to the “up-market”. Ways To Start Introductions! Its registration would entitle it to use its trade-mark in king red rubber black death essay, the exact same market as that serviced by Masterpiece Inc. For the essay purpose of a confusion analysis, the services provided by white king, the parties are essentially the same — retirement residence services. There is no justification for style thesis statement, subdividing between “up-market” and black death essay, “middle-market”. Consideration of the nature of the services involved, in my view, enhances the likelihood of confusion for the casual consumer. [108] 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 the sense that it is intended to distinguish the retirement residence services provided by its owner from the retirement residence services provided by others. I agree with that finding. [109] As for acquired distinctiveness, the editorial cartoons trial judge found that at the time the application was made, neither Masterpiece Inc. Red Rubber Black! nor any of its trade-marks were particularly well known.

While the evidence presented by Masterpiece Inc. was sufficient to establish that there had been use of its trade-name and trade-marks, including “Masterpiece the Art of Living”, for ways to start introductions, the purposes of the Act , it did not rise to the level of demonstrating any acquired distinctiveness. I agree with the trial judge. [110] Finally, there is another potentially relevant surrounding circumstance. As explained at para. 11 above, not long after Alavida’s application, Masterpiece Inc. applied to register both “Masterpiece” as well as “Masterpiece Living” for retirement residence services. These applications were rejected by the Registrar of congo black Trade-Marks because of Alavida’s existing application. [111] This refusal was founded on the observation that each of these marks submitted by Masterpiece Inc. was confusingly similar to Alavida’s proposed registration. For purposes of the confusion analysis in 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 essays “Masterpiece the Art of Living” trade-mark. [112] 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 Registrar’s decision and was certainly not bound by it. Congo White! However, as a relevant surrounding circumstance under s. 6(5), I am of the opinion that the trial judge should have acknowledged the the red pyramid Registrar’s finding, which was diametrically opposite to his conclusion, in weighing the evidence before him. The Registrar’s decision supports a finding of likelihood of confusion between Alavida’s trade-mark and Masterpiece Inc.’s trade-name, and thus the “Masterpiece the Art of Living” trade-mark. [113] 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 Alavida’s trade-mark “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the Art of Living” are very similar, leads to a finding that Masterpiece Inc. has proven that the use of Alavida’s 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. [114] Because Masterpiece Inc.’s use preceded Alavida’s 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 its trade-mark under s. 18(1) and congo white essay, this ground of invalidity has been made out.

I would therefore allow the the red pyramid book report 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 register of trade-marks. “confusing ”, when applied as an congo king death adjective to essays editorial, 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 relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is used by its owner from the wares or services of others or is adapted so to distinguish them; “proposed trade-mark” means a mark that is 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 white black death essay register kept under section 26; “registered trade-mark” means a trade-mark that is on the register; “Registrar” means the Registrar of Trade-marks appointed under section 63; ( a ) a mark that is used by rpi required, a person for congo white red rubber black death, the purpose of distinguishing or so as to essays, distinguish wares or services manufactured, sold, leased, hired or performed by him from congo white king red rubber black essay those manufactured, sold, leased, hired or performed by poetics essay, 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 white king essay carried on, whether or not it is the name of a corporation, a partnership or an individual; “use”, in relation to dessay kaufmann, 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 congo white black death deemed to be used in association with wares if, at the time of the transfer of the property in or possession of the wares, in the normal course of trade, it is marked on writing 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 congo king red rubber, the person to whom the dessay montpellier property or possession is transferred. (2) A trade-mark is deemed to white king red rubber death essay, be used in association with services if it is used or displayed in the performance or advertising of those services. (3) A trade-mark that is marked in thesis statement, 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 association with those wares. 6. (1) For the 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 congo white red rubber death, the manner and circumstances described in this section.

(2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in thesis, the same area would be likely to congo white king death essay, lead to the red book report, 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 white king black a trade-mark causes confusion with a trade-name if the rpi required use of both the congo king essay trade-mark and trade-name in the red report, 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 the same person, whether or not the wares or services are of the congo black same general class. (4) The use of a trade-name causes confusion with a trade-mark if the use of both the trade-name and trade-mark in the same area would be likely to lead to the inference that the wares or services associated with the business carried on 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 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 the red pyramid, 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 congo black death essay, 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 the red pyramid book, that he or his predecessor in title has used in Canada or made known in Canada in association with wares or services is entitled, subject to section 38, to secure its registration in respect of those wares or services, unless at 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 respect of which an application for registration had been previously filed in king black death essay, Canada by any other person; or. ( c ) a trade-name that had been previously used in poetics essay, 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 entitled, subject to sections 38 and 40 , to secure its registration in respect of the 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 white black essay, registration had been previously filed in writing style statement, Canada by any other person; or. ( c ) a trade-name that had been previously used in congo essay, Canada by 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 poetics essay, 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 applicant’s application. (2) In proceedings commenced after the expiration of five years from the date of 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 congo white king red rubber black previous use or making known referred to 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 writing style thesis the time proceedings bringing the validity of the registration into question are commenced, or. ( c ) the trade-mark has been abandoned, and subject to section 17 , it is invalid if the congo white king death applicant for registration was not the rpi required person entitled to secure the registration. (2) No registration of essay a trade-mark that had been so used in dessay, Canada by the registrant or his predecessor in title as to have become distinctive at the date of white king essay registration shall be held invalid merely on the ground that evidence of the kaufmann distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration. 19. Subject to sections 21 , 32 and congo red rubber black death, 67 , the registration of a trade-mark in ways introductions, respect of any wares or services, unless shown to 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.

20. (1) The right of the owner of a registered trade-mark to congo white death essay, its exclusive use shall be deemed to be infringed by a person not entitled to rpi required essays, 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 king 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 writing style statement business, or. (ii) of any accurate description of the black death essay character or quality of his wares or services, in such a manner as is writing style thesis statement not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark. (2) No registration of a trade-mark prevents a person from making any use of any of the red rubber black death essay indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in the red book, subsection 11.18(4) in congo king death essay, association with a spirit. 21. Statement! (1) Where, in any proceedings respecting a registered trade-mark the congo king black registration of which is poetics essay 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 congo white king black essay 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 thesis application for that registration, and the Court considers that it is not contrary to the public interest that the continued use of the congo king red rubber death essay confusing trade-mark or trade-name should be permitted in a defined territorial area concurrently with the use of the registered trade-mark, the Court may, subject to such terms as it deems just, order that the other party may continue to 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 dessay kaufmann other party makes application to the Registrar to enter it on the register in connection with the registration of the registered trade-mark. 30. An applicant for the registration of a trade-mark shall file with the congo king death Registrar an application containing.

( a ) a statement in ordinary commercial terms of the specific wares or services in essays, association with which the mark has been or is proposed to be used; ( b ) in the case of king red rubber black death 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 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 which the applicant or named predecessors in writing style statement, title have made it known in Canada in association with each of the general classes of wares or services described in the application; ( d ) in black death essay, the case of a trade-mark that is the poetics essay subject in or for another country of the Union of a registration or an application for registration by the applicant or the applicant’s named predecessor in title on which the applicant bases the applicant’s right to white red rubber black death, registration, particulars of the application or registration and, if the trade-mark has neither been used in Canada nor made known in essays cartoons, Canada, the name of black a country in which the trade-mark has been used by the applicant or the applicant’s named predecessor in title, if any, in association with each of the general classes of wares or services described in the application; ( e ) in the case of a proposed trade-mark, a statement that the essay introductions applicant, by itself or through a licensee, or by itself and through a licensee, intends to use the trade-mark in Canada; ( f ) in white black essay, the case of a certification mark, particulars of the defined standard that the use of the mark is intended to indicate and editorial cartoons, 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 congo white red rubber essay, association with which the certification mark is book used; ( g ) the address of the applicant’s principal office or place of congo white king black death essay business in poetics essay, 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 congo king death, 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 to start essay any proceedings in respect of the application or registration may be given or served with the king red rubber 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 poetics essay 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 applicant is satisfied that he is congo white king black essay 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 essays cartoons, registration of congo king essay a trade-mark to poetics essay, disclaim the right to the exclusive use apart from the trade-mark of such portion of the trade-mark as is white red rubber essay not independently registrable, but the disclaimer does not prejudice or affect the applicant’s rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the applicant’s right to kaufmann montpellier, registration on congo white a subsequent application if the disclaimed matter has then become distinctive of the applicant’s wares or services. 40. (1) When an application for introductions, registration of congo king red rubber black essay a trade-mark, other than a proposed trade-mark, is allowed, the Registrar shall register the trade-mark and poetics essay, issue a certificate of its registration. (2) When an application for congo white king death essay, registration of a proposed trade-mark is kaufmann montpellier allowed, the Registrar shall give notice to the applicant accordingly and shall register the trade-mark and issue a certificate of registration on white king black essay receipt of a declaration that the use of the trade-mark in Canada, in association with the rpi required wares or services specified in the application, has been commenced by. ( b ) the applicant’s successor in white king red rubber black death essay, title; or. ( c ) an entity that is licensed by or with the authority of the applicant to use the trade-mark, if the poetics essay applicant has direct or indirect control of the congo king red rubber black character or quality of the wares or services.

57. (1) The Federal Court has exclusive original jurisdiction, on kaufmann the application of the white king red rubber black Registrar or of any person interested, to kaufmann montpellier, order that any entry in king red rubber black death essay, the register be struck out or amended on the ground that at ways to start the date of the application the entry as it appears on the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the mark. Appeal allowed with costs. Solicitors for king red rubber death, 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.

Pay for Exclusive Essay -
White King, Red Rubber, Black Death | ConCen

ANALYSIS of Richard Brautigan’s short story “The Kool-Aid Wino. Benefits You Get. Customer support 24/7 100% satisfaction guaranteed 100% confidentiality On-time help provided Contact directly to helper Unique ideas and congo white king black essay thoughts. Why Use Our Services. MBA and PhD Writers 100% Confidentiality guaranteed Quality Guaranteed 24/7 Support 24/7 Live Chat Direct Contact with an assigned writer ANY Difficulty Level! 521 writers in the database; Write an ANALYSIS of Richard Brautigan’s short story “The Kool-Aid Wino.” Take what you learned about finding a “moral” in the parables, fables, and tales, and apply that to writing style, Brautigan’s story. This essay should be in complete essay form (an introduction with thesis, a body with developed paragraphs, and a conclusion), and it should be well structured and well developed. Black! There SHOULD NOT be any summary of the story, nor should there be any biographical information about writing style statement, Brautigan himself. Use one inch margins and fonts no larger than 12 points. Be sure there is a title (different from the story’s title).

Double space the text. The essay should be at congo white king essay, least 500 words in length (two typed pages). Scroll down to find “The Kool-Aid Wino.” The Kool-Aid Wino. Rpi Required! From “Trout Fishing in America” by Richard Brautigan. When I was a child I had a friend who became a Kool-Aid wino as the result of white king red rubber black a rupture.

He was a member of a very large and poor German family. All the older children in the family had to work in the fields during the summer, picking beans for two-and-one-half cents a pound to keep the family going. Ways To Start Essay! Everyone worked except my friend who couldn’t because he was ruptured. There was no money for an operation. There wasn’t even enough money to buy him a truss.

So he stayed home and became a Kool-Aid wino. One morning in August I went over to his house. He was still in white black death, bed. He looked up at me from underneath a tattered revolution of old blankets. Essays Editorial! He had never slept under a sheet in his life. “Did you bring the nickel you promised?” he asked. “Yeah,” I said. “It’s here in king black essay, my pocket.” He hopped out of the red pyramid book report bed and he was already dressed.

He had told me once that he never took off his clothes when he went to bed. “Why bother?” he had said. “You’re only going to congo king essay, get up, anyway. Be prepared for it. You’re not fooling anyone by taking your clothes off when you go to bed.” He went into the kitchen, stepping around the littlest children, whose wet diapers were in various stages of anarchy. He made his breakfast: a slice of homemade bread covered with Karo syrup and peanut butter. “Let’s go,” he said. We left the house with him still eating the sandwich. The store was three blocks away, on the other side of a field covered with heavy yellow grass. There were many pheasants in style thesis, the field. Fat with summer they barely flew away when we came up to king black essay, them. “Hello, ” said the grocer. He was bald with a red birthmark on his head. The birthmark looked just like an old car parked on his head. He automatically reached for a package of grape Kool-Aid and essays put it on the counter. “He’s got it, ” my friend said.

I reached into my pocket and congo white gave the to start nickel to white king red rubber, the grocer. He nodded and the old red car wobbled back and forth on editorial the road as if the driver were having an epileptic seizure. My friend led the way across the field. One of the pheasants didn’t even bother to fly. He ran across the field in congo king black essay, front of us like a feathered pig. When we got back to my friend’s house the ceremony began.

To him the making of Kool-Aid was a romance and a ceremony. It had to be performed in the red report, an exact manner and with dignity. First he got a gallon jar and we went around to the side of the house where the water spigot thrust itself out of the white red rubber ground like the kaufmann montpellier finger of king red rubber essay a saint, surrounded by a mud puddle. He opened the Kool-Aid and dumped it into the jar. Putting the jar under the to start essay spigot, he turned the water on. The water spit, splashed and red rubber death essay guzzled out of the spigot. He was careful to essays, see that the jar did not overflow and the precious Kool-Aid spill out onto the ground.

When the jar was full he turned the white king death essay water off with a sudden but delicate motion like a famous brain surgeon removing a disordered portion of the imagination. Kaufmann Montpellier! Then he screwed the lid tightly onto the top of the white king death essay jar and gave it a good shake. The first part of the ceremony was over. Like the inspired priest of an exotic cult, he had performed the thesis first part of the ceremony well. His mother came around the side of the house and said in a voice filled with sand and string, “When are you going to do the dishes? … Huh?” “Well, you better, ” she said.

When she left, it was as if she had never been there at all. The second part of the ceremony began with him carrying the jar very carefully to an abandoned chicken house in the back. “The dishes can wait, ” he said to me. Bertrand Russell could not have stated it better. He opened the chicken house door and we went in. The place was littered with half-rotten comic books. They were like fruit under a tree. In the corner was an old mattress and death essay beside the mattress were four quart jars.

He took the gallon jar over to them, and filled them carefully not spilling a drop. Dessay Montpellier! He screwed their caps on congo white king red rubber black essay tightly and was now ready for a day’s drinking. You’re supposed to style thesis, make only two quarts of Kool-Aid from a package, but he always made a gallon, so his Kool-Aid was a mere shadow of its desired potency. And you’re supposed to add a cup of sugar to every package of red rubber black Kool-Aid, but he never put any sugar in his Kool-Aid because there wasn’t any sugar to put in it. He created his own Kool-Aid reality and was able to illuminate himself by it.

Place an order with similar or related instructions NOW.

Buy Essay Online -
Congo: White King, Red Rubber, Black Death

cand merc jur thesis If you are going to use a passage of Lorem Ipsum, you need to be sure there isn't anything embarrassing hidden in king red rubber black death, the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary when looking at its layout fact that a reader will. If you are going to use a passage of Lorem Ipsum, you need to writing thesis statement be sure there isn't anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary when looking at its layout fact that a reader will. Our Specialized Free Dissertation Consultations. Top Quality Academic Experts are available 24/7. The expert of Academic Editing and Proofreading industry has over grown over the years. We are self-assured you will get attracted towards our work which we produce we assure the final high degree of the white king red rubber death work. Unlike others, if your work doesn't meet our exacting standards, you can claim a full refund. Style Statement! We promise you will love it.

Consequently, we employ our editors and proofreaders from many different backgrounds. Some are teachers, examiners and researchers. We are the one who stipulate the congo red rubber black proper provision in ways, the industries of proofreading and editing to offer 24/7 support to congo white black essay our clients. • We provide authentic references relevant to your paper. • Guaranteed original editing and dessay kaufmann proofreading.

• Your satisfaction is on the first step. Top Quality Edit and Proofreading Service for congo king death essay, your Essay and Assignments as per Academic Standards. Our proofreaders stipulate you the proper draft of your essay for the submission. We polish your words, choice of vocabulary, phrases and specially the grammatical errors, to verify your quotation and references agreed with the style guide. HIGHLY EXPERIENCED PROOF READERS ARE HERE TO HELP YOU IN YOUR ESSAYS TO MAKE THEM THE BEST ONES. WE REFLECT ON THE QUALITY. Our professionals are here for your convenience.

We focus on your work quality that would be the huge matter for poetics essay, us. Congo Black Essay! Our editors are here to assist the student work which is based on the essay, thesis and dissertation. WE DELIVER QUALITY AS EVERYONE WANTS QUALITY PAPERS AND WE DON’T COMPROMISE ON QUALITY. EDITOR CREATE PROPER WAY OUT. Everything that editor do is unique for rpi required, you. They ensure you to deliver plagiarism free content. The basic way for their proper attention towards your work is that they are the professionals and they know your work importance as well as your field. IF YOU WANT PROFFESIONAL EDITORS YOU ARE AT THE RIGHT PLACE. WE HAVE THE PROFFESIONAL AND EXPERIENCED EDITORS FOR YOU. LINGUISTIC FEEDBACK AND EDITING. The editor concentrates towards the specific organization, paragraph structure, sentence making, appropriate tone and content evaluation.

Our approach includes Parallel presentation for ideas, Peculiar diction, Argument evaluation, Coherence and logical conclusions. WE GIVE THE MOST PERFECT STYLES TO YOUR PAPERS AND EDIT IT ACCORDING TO YOUR REQUIREMENTS AS WE HAVE THE BEST EDITORS. INTENSIVE FORMATTING AND FEEDBACK. In our services, we provide you the proper documentation, evaluation of sources and timeliness, authenticity and credibility for Parenthetical citation, provide proper work cited pages, Bibliographies and other reference sources. OUR EDITORS ARE HERE TO PROVIDE YOU WITH THE BEST THEY WILL SATISFY YOU AND PROVIDE YOU WITH THE PERFECT FORMATTED PAPER THAT WILL TAKE YOU TOWARDS SUCCESS. PROMINENT CLIENT’S SUPPORT. We support our client from congo white king red rubber death essay every step.

We have an essays editorial cartoons, experience team to work with you to ease your academic tasks, with several ideas. We Ensure perfection, Delivered your work before deadline, Guaranteed plagiarism free references. OUR FIRST PRIORITY IS TO SATISFY OUR CUSTOMER AND FOR THAT WE HAVE 24/7 ONLINE CUSTOMER CARE REPRESENTATIVE TO HELP OUR CUSTOMERS. UK Study Help have created a fully transparent refund policy as we believe that honesty is the best policy. Customers are entitled to claim a full or partial refund if they are not satisfied with the work provided by our expert editors. Customers can request a refund within 7 days after the white red rubber black death order delivery under following situations only: If the customer requested the poetics essay first revision on the paper which came to be not satisfactory than he is entitled to request a 50% refund of the amount paid for congo red rubber black, the order. If the style customer requested Second revision on the paper and congo white black death he is still not satisfied with the delivered product than he is entitled to request a 30% of the amount paid for the order.

If the customer requested Third revision on poetics essay, the paper and still find’s the king red rubber delivered product to be not satisfactory than he is entitled to request a 15% of the amount paid for the order. Customer would be required to provide valid reason and explanation for requesting a refund and also proof of dessay kaufmann montpellier dissatisfaction. UK Study Help will provide 100% refund incase delivered order by king red rubber black death, editor was plagiarized. (Proof of ways to start plagiarism will be required) UK Study Helpevaluate each refund requests carefully as there are usually unique reasons as to why a refund request is made by the customers. Please note that if you request a refund, we may request documented proof that the quality of your order is low (e.g., scan copy of your instructor’s feedback, plagiarism report, etc.). White Red Rubber Black Death Essay! After an evaluation done by our Quality Assurance team by comparing their findings with the reasons for essays, dissatisfaction, the necessary corrective actions will be taken. Any refund request must be made within the Refund Period. A refund request will only be entertained if it is made within seven days of delivery. King Red Rubber Black Essay! Once the Refund Period elapses, UK Study Help will not refund any amounts paid.

After the Quality Assurance Department has assessed the refund claim, the refund shall be made within 20 days. All refunds are made at ways introductions, the discretion of congo white black essay UK Study Help. ‘Agreement’ refers to these Terms of Service. Editorial Cartoons! ‘Company’ means the entity that provides independent research and writing services to white king essay Customers according to the defined terms laid out in this Agreement. ‘Advisor’, is the person, who has agreed to work with the Company (UK Study Help) on essays, set out their limitations by the corporation to stipulate advisory services not above than the Company’s Regulations. King Red Rubber Black! ‘Editor/Expert’ is the person, who has agreed to work with the Company on a freelance basis to provide research and writing services under the Company’s terms. ‘Customer’ is the person who places an Order with the ways to start introductions Company to obtain the Product according to his or her requirements and governed by the defined terms and conditions laid out in this Agreement. ‘Product’ is a document in an electronic format that is the final result of Order completion. ‘Quality’ Assurance Department’ signifies the part of the congo king red rubber death essay Company’s organizational structure with the mission to guard and dessay kaufmann evaluate the quality of Product and service provided. Agreement to Act as UK Study Help Agent for king black death essay, You. UK Study Help acts as an dessay montpellier, agent for king red rubber black death, qualified Assignment Editing Experts to sell original work to their customers The Customer appoints UK Study Help to locate an Assignment Editing Expert to carry out research and/or assessment services to the Customer during the term of the agreement in accordance with these provisions The UK Study Help is entitled to refuse any order at their discretion and in such cases, will refund any payment made by the Customer in respect of that order. The prices and dessay montpellier delivery times quoted on the UK Study Help’s website are illustrative. If an alternative price and/or delivery time offered to black the Customer is unacceptable, the UK Study Help will refund any payment made by the Customer in respect of that order. Poetics Essay! In the event that the Customer is king red rubber black death, not satisfied that the writing style statement Work meets the quality standard they have ordered, the Customer will have the remedies available to them as set out in congo black death, this agreement The Customer is not permitted to make direct contact with the the red pyramid Assignment Editing Expert — the UK Study Help will act as an intermediary between the Customer and the Assignment Editing Expert. The agreement between the Customer and the UK Study Help shall commence once the UK Study Help have both confirmed that a suitable Assignment Editing Expert is available to undertake the Customer’s order and have obtained payment from the Customer The Agreement will continue between the Parties until the time period allowed for amendments has expired, notwithstanding the subsisting clauses stated below, unless terminated sooner by either party in white black, accordance with these provisions. In order to provide research and/or assessment services to essays fulfil the Customer’s Order, the UK Study Help will allocate a suitably qualified Assignment Editing Expert which it deems to hold appropriate levels of qualification and experience to undertake the Customer’s Order The UK Study Help undertakes to white king essay exercise all reasonable skill and judgment in allocating a suitable Assignment Editing Expert, having regard to the available Assignment Editing Experts’ qualifications, experience and quality record with us, and to editorial any available information the UK Study Help has about the Customer’s degree or course Once the UK Study Help has located a suitable Assignment Editing Expert and congo white king red rubber black death obtained payment from the ways essay introductions Customer, the Customer acknowledges that the Order is binding and no refund will be issued. The Customer will give the congo white black death UK Study Help clear briefings and ensure that all the facts given about the Order are accurate The UK Study Help will co-operate fully with the Customer and use reasonable care and skill to make the Order provided as successful as is to be expected from a competent UK Study Help.

The Customer will help the UK Study Help do this by making available to the UK Study Help all relevant information at the beginning of the transaction and co-operating with the UK Study Help throughout the transaction should the Assignment Editing Expert require any further information or guidance The Customer acknowledges that failure to provide such information or guidance during the course of the transaction may delay the cartoons delivery of congo red rubber death essay their Work, and that the UK Study Help will not be held responsible for essays, any loss or damage caused as a result of such delay. In such cases the ‘Completion on Time Guarantee’ will not apply. Where the Assignment Editing Expert or the congo white king death UK Study Help requires confirmation of poetics essay any detail they will contact the Customer using the email address or telephone number provided by the Customer The Customer acknowledges that the congo white essay UK Study Help may accept instructions received using these modes of contact and may reasonably assume that those instructions are generated from the Customer. Delivery – “Completion on Time Guarantee” The UK Study Help agrees to facilitate delivery of all Work before midnight on the due date, unless the essays due date falls on a Sunday, Bank Holiday, Christmas Day, or New Year’s Day (“a Non-Working Day”), in which case the congo red rubber black death essay Work will be delivered the following day before midnight The UK Study Help undertakes that all Work will be completed by the Assignment Editing Expert on time or they will refund the poetics essay Customer’s money in congo red rubber black essay, full and deliver their Work for free The relevant due date for the purposes of cartoons this guarantee is the congo white king red rubber black essay due date that is set when the essays order is allocated to an Assignment Editing Expert . Where a variation to congo the relevant due date is agreed between the UK Study Help and the Customer, a refund is not due The UK Study Help will not be held liable under this guarantee for report, any lateness due to technical problems that may arise due to third parties or otherwise, including, but not limited to red rubber death essay issues caused by Internet Service Providers, Mail Account Providers, Database Software, Incompatible Formats and Hosting Providers. The UK Study Help undertakes that if such technical problems occur with a system that they are directly responsible for kaufmann, or that third party contractors provide them with, that they will on request provide reasonable proof of these technical problems, so far as such proof is available, or will otherwise honor its Completion On Time Guarantee in full. Congo King Black Death! The UK Study Help will have no obligations whatsoever in relation to the Completion on style thesis statement, Time Guarantee if the congo white king death essay delay in the delivery of the Work is as a result of the Customer’s actions – including but not limited to where the Customer has failed to the red pay an outstanding balance due in relation to red rubber death the Order, sent in extra information after the order has started or changed any elements of the order instructions. Delays on rpi required essays, the part of the white king red rubber black death Customer may result in the relevant due date being changed according to the extent of the delay without activating the to start Completion On Time Guarantee.

Where the white king black death Customer has agreed for cartoons, ‘staggered delivery’ with the Assignment Editing Expert , the Completion on Time Guarantee relates to the final delivery date of the Work and not to the delivery of individual components of the Work. The Customer agrees that the details provided at the time of white placing their Order and making payment may be stored on style thesis, the UK Study Help’s secure database, on the understanding that these details will not be shared with any third party The UK Study Help agrees that they will not disclose any personal information provided by congo king black, the Customer other than as required to do so by any lawful authority, and/or to pursue any fraudulent transactions The UK Study Help operates a privacy policy which complies fully with the essays cartoons requirements of the Data Protection Act. King! The UK Study Help’s privacy policy is available on the UK Study Help’s websites and a copy can be provided on request. The Customer may not request amendments to their Order specification after payment has been made or a deposit has been taken and the Order has been assigned to editorial cartoons an Assignment Editing Expert The Customer may provide the congo white king essay Assignment Editing Expert with additional supporting information shortly after full payment or a deposit has been taken, provided that this does not add to or conflict with the editorial cartoons details contained in their original Order specification If the king essay Customer provides additional information after full payment or a deposit has been taken and this does substantially conflict with the details contained in the original Order specification, the UK Study Help may at their discretion either obtain a quote for the changed specification or reallocate the Order, as soon as is reasonable, to a different Assignment Editing Expert without consulting the Customer. The Customer understands that this may result in a delay in the delivery of their Work for which the writing style statement UK Study Help will not be held responsible. Under these circumstances, the ‘Completion on congo king red rubber black death essay, Time’ Guarantee will not be payable. The UK Study Help agrees that if the Customer believes that their completed Work does not follow their exact instructions and/or the ways essay introductions guarantees of the Assignment Editing Expert as set out on the UK Study Help website, the Customer may request amendments to the Work within 7 days of the delivery date, or longer if they have specifically paid to extend the amendments period. Such amendments will be made free of charge to the Customer The Customer is white red rubber, permitted to make one request, containing all details of the required amendments. This will be sent to the Assignment Editing Expert for comment.

If the request is reasonable, the Assignment Editing Expert will amend the Work and return it to the Customer within twenty-four hours. The Assignment Editing Expert may request additional time to complete the amendments and this may be granted at the discretion of the Customer. If the UK Study Help agrees to refund the Customer in full or part, this refund will be made using the credit or debit card that the Customer used to thesis make their payment initially. If no such card was used (for example, where the Customer deposited the fee directly into the UK Study Help’s bank account) the UK Study Help will offer the congo white red rubber Customer a choice of refund via bank transfer or credit towards a future order. All refunds are made at the discretion of the rpi required UK Study Help. Unless payment is taken at the time of placing an white king essay, order, once the UK Study Help has found a suitably qualified and experienced Assignment Editing Expert to undertake the Customer’s order, they will contact the Customer by email to take payment.

If, at their discretion, the poetics essay UK Study Help accepts a deposit rather than the king red rubber full value of the Order, the Customer acknowledges that the full balance will remain outstanding at all times and will be paid to the UK Study Help before the delivery date for the Work. The Customer agrees that once an style thesis statement, Order is paid for then the congo Assignment Editing Expert allocated by introductions, the UK Study Help begins work on that Order, and that the Order may not be cancelled or refunded. Until payment or a deposit has been made and congo white king red rubber black essay the Order has been allocated to an Assignment Editing Expert , the ways Customer may choose to continue with the Order or to cancel the congo king black Order at any time The Customer agrees to writing style thesis statement be bound by king red rubber death essay, the UK Study Help’s refund policies and acknowledges that due to the highly specialized and individual nature of the rpi required essays services that full refunds will only be given in congo king red rubber black death essay, the circumstances outlined in these terms, or other circumstances that occur, in which event any refund or discount is given at the discretion of the UK Study Help. UK Study Help provides well written, customer Assignment and Essay papers to the students. Poetics Essay! Papers provided are only for white king red rubber black, the reference purposes to assist the ways to start essay buyer by providing a guideline and the product provided is intended to be used for congo white death, research or study purposes. The Customer acknowledges that it does not obtain the poetics essay copyright to the Work supplied through the UK Study Help’s services The Customer acknowledges that the UK Study Help, its employees and the Assignment Editing Expert s on its books do not support or condone plagiarism, and that the UK Study Help reserves the right to refuse supply of services to congo king red rubber essay those suspected of such behavior. The Customer accepts that the UK Study Help offers a service that locates suitably qualified Assignment Editing Expert s for the provision of independent personalized research services in pyramid book, order to help students learn and advance educational standards, and that no Work supplied through the UK Study Help may be passed off as the Customer’s own or as anyone else’s, nor be handed in as the Customer’s own work, either in whole or in part. In addition, the Customer undertakes not to carry out any unauthorized distribution, display, or resale of the white king death essay Work and the Customer agrees to handle the Work in a way that fully respects the fact that the book Customer does not hold the copyright to the Work.

The Customer acknowledges that if the UK Study Help suspects that any essays or materials are being used in violation of the above rules that the UK Study Help has the white king black death right to refuse to carry out any further work for the person or organization involved and that the UK Study Help bears no liability for any such undetected and/or unauthorized use The UK Study Help agrees that all Work supplied through its service will not be resold, or distributed, for to start introductions, remuneration or otherwise after its completion. The UK Study Help also undertakes that Work will not be placed on any website or essay bank after it has been completed. Simon Evans ( Student ) The manner UK study help has removed grammatical, spelling and different mistakes from white king death my research paper, it modified into poetics essay amazing. Robert Perry ( Student ) It's far absolutely a difficult mission for me to finish my assignments until the professional consultants of UK study help. Jessica Rowe( Student ) I really impressed by the work quality provided by you in such economical price.

We stipulate editing and congo white king red rubber death proofreading for correction in style, citation, structure, grammatical issues, argument issues and context etc. The reference content which we deliver to the client is always authentic and proofread by relevant reference sources. Best Grade Guaranteed. We are here for you to essays fulfill your needs with your spelling, grammar, punctuation and as well as your work layout. We do not provide with any form of written papers to students. This site is primarily built towards guiding the students in ways where they will be able to grasp the ideas and implement them in their own work.

You can contact us for further details. Copyrights 2016 All Rights Reserved. We Value your inquiry and consider it our Top Priority to Get Back to you soon as possible with the white king black essay most relevant answer.