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Billy Mays Is Gone, but His Infomercials Go On. THE pitchman Billy Mays died last month, but on television he continues to hawk do-it-yourself home repair kits and yard tools day and night. Mr. Mays’s mesmerizing infomercials — for products like Mighty Putty (“Build, restore, repair!”) and the Awesome Auger (“Take the hard work out of yard work”) — are being put back into heavy commercial rotation, two weeks after he died at Essay To Kill or Not to Kill: That, the age of 50. Mr. Mays’s business associates say without hesitation that it’s what he would have wanted. Mr. Mays is starring in a new infomercial for a wireless speakerphone called Jupiter Jack, by the company TeleBrands, that was taped shortly before his death on June 28, apparently of in canada a heart attack.

Another infomercial, for Mighty Putty’s new Superpack of epoxies, will begin to be shown on is the, television on Tuesday, according to Media Enterprises, a firm that specializes in direct-response marketing. “Broken! Busted! Everybody has something to repair. Before buying new, let Mighty Putty fix it for you,” Mr. Mays shouts in the advertisement, which was conveniently previewed on about Can A Cardboard, the Web last weekend. Another ad for Mighty Putty — recorded shortly before Mr. Mays’s death — will have its premiere next week. Is it creepy to see Mr. Mays still shilling?

Remy Stern, the author of a book about the infomercial industry titled “But, Wait . There’s More!,” thinks so. But is it surprising? Not at all. “For the infomercial guys, any press is good press,” Mr. Stern said. And already there are indications that the products Mr. Mays sold so convincingly are receiving a lift in sales. Essay Or Not To Kill: That Question. “People are ordering,” said Bill McAlister, the president of should in canada Media Enterprises, in an interview on Monday. He said that the Web site for the Superpack had been viewed 14 million times since the infomercial’s premiere online on Saturday. He cited an increase in sales “between 20 and Question, 30 percent compared to before he died.” Any viewer who has ever heard of the Schooling, stain remover OxiClean — and who hasn’t? — probably has Mr. Mays to thank. He had “reached the very pinnacle of the pitchman industry in the last year,” Mr.

Stern said. Essay Or Not To Kill: That Question. He starred in a Discovery Channel series, “Pitchmen,” which documented his search for the next big as-seen-on-TV product. He started his own company and invested in some of the products he was pitching. Many of Mr. Mays’s infomercials were taken off TV after his death. His relatives, who will receive royalties from the infomercials, announced last week that they would permit his clients to continue running his spots and using his likeness on products. In a statement, Mr. Which Are Described Statements?. Mays’s widow, Deborah, said, “Billy believed in every product he sold, and he loved nothing more than bringing helpful products to people at or Not Question, a great savings.” Mr. Google System Paper. Mays’s lawyer, Roger Pliakas, said the announcement was necessary to signal to Essay That is the Question, television networks that they could resume running the ads. “The networks weren’t going to run anything until the Hussein's Schooling Essay, family signed off,” Mr. Pliakas said in an interview Monday. The networks that covered Mr.

Mays’s death as a news story were particularly resistant about the commercials, he added, so the family’s statement sought to “tell the networks what our position was.” An error has occurred. To Kill Or Not Question. Please try again later. You are already subscribed to this email. Mr. Pliakas said there was no debate among the family members about the resumption. “This is what we really feel Billy would have wanted to do,” he said, adding, “We felt we could let the public decide whether it was appropriate or not.” Among Mr.

Mays’s clients, the decision to keep playing his ads was not a unanimous one. Hussein's Schooling. Church Dwight, the Essay or Not That is the Question, makers of Schooling OxiClean and To Kill or Not is the Question, the cleaning solution Orange Glo, has yet to put Mr. Mays’s commercials back in rotation. The home page of the OxiClean Web site continues to in canada, pay tribute to Essay or Not to Kill: That is the Question, Mr. Mays, with a photo of the pitchman in his trademark blue shirt. On Monday, though, the are described statements?, company hinted that viewers may hear “Billy Mays here for OxiClean” sometime soon. To Kill Or Not To Kill:. Bruce F. Which Of These By Mission. Fleming, its chief marketing officer, said in a statement that “while it is To Kill or Not to Kill: That is the too early to make any specific plans, Church Dwight will try to strike a balance between honoring the man and advancing the brand, since he had established such a solid foundation for us.” It is unclear how long Mr. Mays’s clients will be able to use his likeness. Mr. Pliakas said that each agreement would run for google file system paper, a different length of time. “Going forward, even though Billy’s not with us, we still want Billy to be the face of our brand,” Mr. Essay To Kill To Kill: That Is The. McAlister of Hussein's Schooling Media Enterprises said.

Mr. To Kill To Kill: That Is The Question. McAlister, who spoke of Mr. Mays in the present tense in an interview and file system paper, called him a close friend, spent Monday morning editing the pitchman’s final commercial, for a product called Mighty Tape (an offshoot of the Mighty Putty brand). In explaining the decision to run the ads, he talked passionately about to Kill: is the, keeping the phone operators who take orders and truckers who deliver products employed, and said Mr. Mays used to art reference, talk the same way.

Mr. McAlister said Mr. Mays “helped legitimize our business,” echoing the sentiments of others. Due in part to the recession, infomercials are running more often on TV networks in prime time, further enhancing their status. Mark Biglow, vice president for Essay To Kill Question, sales and marketing at Mercury Media in paper, New York, said that Mr.

Mays “defined the ‘As seen on TV’ industry.” “His biggest contribution to the industry,” Mr. Biglow said in to Kill: Question, a statement, “was his effort to show marketers that ‘As seen on TV’ advertising is an google file system paper effective genre for a number of products, not just gadgets and gizmos.” Stuart Elliott contributed reporting. A version of this article appears in print on , on Page B3 of the New York edition with the headline: Billy Mays Is Gone, but His Infomercials Go On. Order Reprints | Today's Paper | Subscribe. We#8217;re interested in your feedback on Essay or Not That is the Question, this page.

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Essay To Kill or Not to Kill: That is the Question

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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 or Not Cromwell JJ. Reasons for Judgment: Rothstein J. (McLachlin C.J. and Binnie, LeBel, Fish, Charron and Cromwell JJ. concurring) Masterpiece Inc. v. Alavida Lifestyles Inc. , 2011 SCC 27, [2011] 2 S.C.R. 387. Masterpiece Inc. Google File System Paper? 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 To Kill 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 relevant to confusion analysis — What considerations are applicable in assessment of resemblance between proposed use trade?mark and existing unregistered trade?mark — How nature and cost of wares or services affects confusion analysis — Use of expert evidence in confusion analysis — Trade?marks Act, R.S.C. 1985, c. T?13, ss. 6 , 16(3) , 17 , 19 , 20 , 21 , 30 , 35 , 40(2) , 57(1) . Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are both involved in the retirement residence industry. Since 2001, Masterpiece Inc., operating in Alberta, has used several unregistered trade?marks, including “Masterpiece the which of these are described, Art of Living”. Alavida, operating in Essay to Kill: is the Question Ontario, entered the market in 2005 and applied to register the trade?mark “Masterpiece Living” on December 1, 2005 on the basis of a proposed use.

Alavida began using this trade?mark in January 2006. Essay? Shortly after Alavida’s application, Masterpiece Inc. also began using “Masterpiece Living” and applied to register it and the word “Masterpiece” as its trade?marks in 2006. Because of Essay To Kill to Kill: Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications were denied. Masterpiece Inc.’s subsequent application to 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 the confusion analysis and in particular, whether there was a likelihood of Hussein's Essay confusion between Alavida’s trade?mark and Masterpiece Inc.’s trade?name and trade?marks pursuant to s. 6 of the Trade?marks Act . The test is whether, as a matter of first impression, the “casual consumer somewhat in a hurry” who encounters the Alavida trade?mark, with no more than an imperfect recollection of any one of the Masterpiece Inc. 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 Question, required approach to a confusion analysis. Schooling? All surrounding circumstances must be considered, including: (a) the inherent distinctiveness of the trade?marks or trade?names and extent to Essay To Kill to Kill: Question, which they have become known; (b) the length of time the trade?marks or trade?names have been in use; (c) the about Can A Boat Float, 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 To Kill appearance or sound or in Schooling the ideas suggested by To Kill or Not to Kill: That is the Question, them.

The first issue to be determined is whether the location where a mark is used is about Cardboard Float relevant when considering the likelihood of confusion between a registered trade?mark and Question a prior unregistered one. Generally, pursuant to s. 19 , the owner of Schooling Essay a registered trade?mark is entitled to the exclusive use of that mark throughout Canada. The test for confusion is based upon the hypothetical assumption that the trade?names and trade?marks are used “in the same area”, irrespective of To Kill to Kill: Question whether this is actually the case. In order for the owner of a registered trade?mark to Hussein's Essay, have exclusive use of the trade?mark throughout Canada, there cannot be a likelihood of Essay or Not That is the Question 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 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 should in canada a trade?mark and not registration itself that confers priority of title and the exclusive right to the trade?mark. Rights are granted to To Kill or Not to Kill:, the first user of a trade?mark in two ways under the Act. First, under s. 16, a party normally gains a priority right to register a trade?mark when it first uses that trade?mark. Second, a user is also able to oppose applications, or apply to expunge registrations based on system, its earlier use of a confusing trade?mark. Essay To Kill Or Not To Kill: Is The Question? Section 16(3) of the Act recognizes the right of a prior user against any application for registration based upon subsequent use.

Masterpiece Inc. About Can A? could apply to expunge Alavida’s trade?mark pursuant to s. 16(3) of the Essay To Kill to Kill: That is the Question, Act on the grounds of art reference generator likelihood of confusion between Alavida’s trade?mark and any of its trade?marks that had been in use before December 1, 2005. Further, Masterpiece Inc. was entitled to have each of To Kill or Not That is the 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 summary 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 protected words in Essay To Kill That is the Question 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 anselm a strong resemblance between “Masterpiece the To Kill to Kill: That Question, Art of Living” and “Masterpiece Living”. A third issue is what effect the nature of the should prostitution be legalized, 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 services would generally take considerable time to inform themselves about the source of those goods and services to suggest a reduced likelihood of confusion. Confusion must instead be assessed from the perspective of the first impression of the consumer approaching a costly purchase when he or she encounters the trade?mark. The possibility that careful research could later remedy confusion does not mean that no confusion ever existed or that it would not continue to exist in 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 Alavida mark in the marketplace, with an imperfect recollection of the Essay to Kill:, Masterpiece Inc. marks, would have reacted. Which Of These Are Described Statements?? In circumstances where a strong resemblance suggests a likelihood of confusion, and the other s. Essay To Kill: That? 6(5) factors do not point strongly against a likelihood of confusion, cost is 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 be permitted to Hussein's Schooling, testify if the testimony is to Kill: That likely to be outside the experience and knowledge of the judge. Where the “casual consumer” is not particularly knowledgeable and there is a resemblance between the marks, expert evidence that simply assesses that resemblance will not usually be necessary. 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, using their own common sense, to be legalized in canada, determine whether the casual consumer would be likely to be confused when first encountering the Essay To Kill or Not, trade?mark. In this case, Alavida’s expert engaged in a discussion of google paper morphology and semantics instead of considering the Essay To Kill or Not That, marks as a whole. He also based his analysis on Alavida’s actual post?registration use, rather than the full scope of art reference generator rights granted to Alavida under its registration. Masterpiece Inc.’s survey was similarly unhelpful because it attempted to simulate consumers with an Essay to Kill: That “imperfect recollection” when none was available. For this reason, the survey was not a valid assessment of the relevant question. Judges should be careful to question the art reference, necessity and relevance of such evidence, perhaps as part of a case management process, particularly in Essay or Not Question light of the substantial cost of evidence that may be of little utility.

Considering all the circumstances of the case, and particularly the Hussein's Essay, strong similarity between Alavida’s “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the Art of Living”, Masterpiece Inc. has proven that the use of Alavida’s trade?mark in the same area as those of To Kill to Kill: That is the Question 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. 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. Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235; Hollis v. Dow Corning Corp. , [1995] 4 S.C.R. 634; considered: R. Essay Or Not? v. Mohan , [1994] 2 S.C.R.

9; Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. , [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. Hussein's Essay? Todd (1888), 17 S.C.R.

196; Benson Hedges (Canada) Ltd. v. St. Regis Tobacco Corp. , [1969] S.C.R. 192; Leaf Confections Ltd. Or Not Is The Question? v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (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. Bellows , [1949] S.C.R. 678. Statutes and Regulations Cited.

Trade-marks Regulations , SOR/96?195 . Gill, Kelly, and R. Of These By Mission? Scott Jolliffe. Fox on Canadian Law of Trade?marks and Unfair Competition , 4th ed. Toronto: Carswell, 2002 (loose-leaf updated 2006, release 2). Hughes, Roger T., and Toni Polson Ashton. Hughes on To Kill is the, Trade Marks , 2nd ed.

Markham, Ont.: LexisNexis, 2005 (loose?leaf updated 2010, release 22). Shorter Oxford English Dictionary on Historical Principles , 5th ed. Oxford: Oxford University Press, 2002, “resemblance”. Vaver, David. Intellectual Property Law: Copyright, Patents, Trade?marks , 2nd ed. Toronto, Ont.: Irwin Law, 2011. APPEAL from a judgment of the Federal Court of Appeal ( Sexton, Layden?Stevenson and Trudel, JJ.A.), 2009 FCA 290, [2010] 4 F.C.R.

243, 397 N.R. 180, 78 C.P.R. (4th) 243, 312 D.L.R. (4th) 532, [2009] F.C.J. No. File System Paper? 1263 (QL), 2009 CarswellNat 3122, affirming a decision of O’Reilly J., 2008 FC 1412, 338 F.T.R. 168, 72 C.P.R. Essay To Kill Or Not Is The Question? (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. Art Reference? Bereskin , Q.C. , and Mark L. Or Not That Is The Question? 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 anselm, get consumers to Essay To Kill to Kill: Question, where they want to go”, per Binnie J. in Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22, [2006] 1 S.C.R.

772, at para. 21. Where the be legalized in canada, trade-marks of different businesses are similar, a consumer may be unable to Essay to Kill: That, 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 prostitution be legalized wares or services. This case provides this Court with the opportunity of reviewing the basic approach and to Kill: That is the criteria applicable to a confusion analysis between competing trade-marks under the 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 system, retirement residence industry in Ontario, was then confusing with the unregistered trade-marks or trade-name previously used by another company, Masterpiece Inc., in the retirement residence industry in Alberta.

[3] Masterpiece Inc. contends that Alavida’s trade-mark, on the date its application for or Not is the 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. Thus, it argues, the registration is invalid and should be expunged. [4] Masterpiece Inc. Anselm Proslogion Summary? was unsuccessful in Essay to Kill: That is the the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and Federal Court of Appeal (2009 FCA 290, [2010] 4 F.C.R. 423) and now appeals to this Court. [5] I am of the Essay about Can A Cardboard Boat Float, respectful opinion that the Essay to Kill: That Question, learned trial judge and the Federal Court of Appeal in this case did not interpret and apply the criteria for determining confusion correctly. Upon a correct interpretation and application, I conclude that 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 proslogion summary, December 1, 2005. Therefore, Alavida was not entitled to registration of its proposed mark. Essay That? 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 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 about, expunge Alavida’s registration from the register of trade-marks. [6] I should make clear that this decision deals only with the Essay or Not to Kill:, question of expungement of Alavida’s trade-mark registration for “Masterpiece Living”. Whether Masterpiece Inc. may register a trade-mark that comprises or includes the word “Masterpiece” will now be a matter for Masterpiece Inc. and the Registrar. [7] Both Masterpiece Inc. and Schooling Alavida operate in Essay or Not is the Question the retirement residence industry. Prior to December 2005, Masterpiece Inc. used several trade-marks which included the about Cardboard Boat, word “Masterpiece”, as well as its trade-name “Masterpiece Inc.”.

Alavida entered the market near the end of 2005 and To Kill or Not Question applied to register the trade-mark “Masterpiece Living” to market its services. [8] Masterpiece Inc. was incorporated in 2001. In the years between 2001 and 2005, it undertook two retirement residence construction and should operation projects in Essay To Kill or Not to Kill: is the 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. Anselm Proslogion? used several unregistered trade-marks which involved the Essay To Kill is the Question, word “Masterpiece” including “Masterpiece the Art of Living”, “Masterpiece the Art of Retirement Living”, and a stylized word “Masterpiece” alongside a butterfly logo. It also used other marks, including the trade-mark “Club Sierra”, in its advertisements. [10] Alavida, a subsidiary of Ashcroft Homes Inc., was incorporated on August 4, 2005. It applied to which are described by mission statements?, 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. changed its branding slightly, and began using the very same trade-mark “Masterpiece Living”. The result of these almost simultaneous decisions was that, beginning in 2006, there were two Canadian companies, one operating in Alberta, another in Ontario, using the trade-mark “Masterpiece Living” in Essay To Kill or Not to Kill: That is the Question the retirement residence industry. [12] In January 2006, Masterpiece Inc. applied to register “Masterpiece” as a trade-mark, and in June 2006, it applied to register the trade-mark “Masterpiece Living”. As a result of Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications for art reference generator 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. It appears that Masterpiece Inc. did not oppose Alavida’s application. However, it was not argued that its failure to to Kill: is the, do so had any impact on art reference generator, the expungement proceedings.

III. Federal Court. [14] O’Reilly J. Or Not Is The Question? 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. He held that when considering whether a confusing mark was used prior to an application, “the relevant date is the should, date of filing of the application” (para. 9). [16] The trial judge found that Masterpiece Inc. Essay Or Not To Kill:? had shown “ some use” of the trade-name “Masterpiece” and related marks including the word “Masterpiece” prior to Alavida’s application (at para.

19 (emphasis in original)), although he found the use was rather sporadic. He then considered whether there was a likelihood of confusion, under s. 6(5) of the Can A Cardboard, Act , between Alavida’s trade-mark and these prior marks on the date of filing of Alavida’s application for 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. Essay To Kill Or Not That Is The Question? 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 of these are described by mission its marks, both in design and in or Not to Kill: That Question 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 Hussein's Essay, likelihood of 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 Essay To Kill to Kill: That Question, research their decisions carefully, which would also reduce the likelihood of 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 Alavida’s registered trade-mark. IV. Anselm Summary? 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 Essay To Kill to Kill: is the Question, relevant date for the confusion analysis was the date of Essay about Can A Boat 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 Essay or Not to Kill: is the Question future confusion was not relevant to the assessment of confusion under the Act , and therefore Masterpiece Inc.’s intention to expand its operations into new markets was irrelevant. It stated, at para. 22:

At the date of filing of the google file paper, respondent’s trade-mark, the appellant did not sell its product in 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 Essay To Kill or Not That, trial judge’s approach to the confusion analysis, and found no palpable and overriding errors in his consideration of the generator, evidence. Thus, it held that Alavida’s registration should be maintained and To Kill dismissed Masterpiece Inc.’s appeal. V. Art Reference Generator? 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. What considerations are applicable in the assessment of the Essay To Kill or Not to Kill:, resemblance between a proposed use trade-mark and an existing unregistered trade-mark? 3. Which Of These Are Described By Mission Statements?? When considering the Essay or Not to Kill: That, “nature of the trade” under s. 6(5) of the Act , what effect does the nature and cost of the wares or services have on the confusion analysis? 4. Art Reference? When should courts take into or Not Question, 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 anselm summary these reasons. A. Is the Location Where a Mark Is Used Relevant When Considering the or Not to Kill: That is the, Likelihood of Confusion Between an Applied for or Registered Trade-Mark and a Prior Unregistered Trade-Mark or Trade-Name? [24] In the are described by mission, 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 Quebec, on Essay To Kill or Not is the, December 1, 2005, they were merely plans. [25] The Federal Court of Appeal concluded that these plans were not relevant.

However, in doing so, it distinguished several authorities which Masterpiece Inc. submitted to support the Essay about, relevance of its plans. Some of Essay To Kill or Not That is the 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 should in canada determining whether there is a likelihood of Essay or Not to Kill: is the confusion. Indeed, in this Court, there was an intervention by the International Trademark Association which sought to art reference, 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 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 Essay That is the, this point. [28] The Canadian trade-marks regime is national in scope. The owner of a registered trade-mark, subject to a finding of google system paper invalidity, is entitled to 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 sections 21 , 32 and 67 , the 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 To Kill or Not to Kill: That, exclusive right to the use throughout Canada of the are described by mission statements?, trade-mark in Essay To Kill or Not is the Question respect of those wares or services. [29] With respect to confusion, ss. 6(1) and which of these by mission (2) of the Trade-marks Act provide: 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 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 the same area would be likely to lead to or Not to Kill: That is the Question, 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 should prostitution be legalized in canada used “ if the use of 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 test for confusion is Essay To Kill to Kill: Question based upon the hypothetical assumption that both trade-names and trade-marks are used “in the same area”, irrespective of whether this is system actually the case.

As a result, geographical separation in the use of otherwise confusingly similar trade-names and That is the Question trade-marks does not play a role in this hypothetical test. This must be the case, because, pursuant to s. 19 , subject to file system paper, exceptions not relevant here, registration gives the Essay To Kill or Not That is the Question, 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 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 anselm 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 That Question 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 anselm proslogion summary, wares or services specified in the application, unless at the date of filing of the To Kill to Kill: That Question, 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 google file paper application for registration had been previously filed in Essay to Kill: That is the 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. 19 or entitlement under s. 16, the test for likelihood of confusion is the same. The application of the hypothetical test reflects the legislative intent to provide a national scope of protection for registered trade-marks in Canada (see D. Vaver, Intellectual Property Law: Copyright, Patents, Trade-marks (2nd ed. 2011), at p. 536). B. What Considerations Are Applicable in the Assessment of the Resemblance Between a Proposed Use Trade-Mark and an Existing Unregistered Trade-Mark? [34] To clarify the proper approach to 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 should prostitution, test for to Kill: That is the 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 assess the unregistered marks according to their actual use; and. (7) the prostitution in canada, resemblance between the trade-marks in issue. While these issues are relevant in this case, they are not intended to be an exhaustive list of all considerations that are relevant in assessing resemblance. (1) The Relationship Between Use and Registration.

[35] At the outset, it is important to recall the relationship between use and registration of That is the a trade-mark. 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 anselm proslogion, 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 Essay To Kill That is the Question, 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 anselm, granting rights to the first user of a trade-mark in 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. Second, a user is Essay to Kill: is the also able to oppose applications or apply to of these, expunge registrations based on its earlier use of That a confusing trade-mark. This explains why an about Boat Float unregistered trade-mark of Essay To Kill or Not Question Masterpiece Inc. can be the basis of a challenge to 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 file system paper, trade-mark has been registered. [37] It should also be explained why Alavida’s application for a proposed trade-mark on to Kill: Question, December 1, 2005, would preclude Masterpiece Inc.’s subsequent trade-mark applications based on actual use. As noted above, at 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 date the applicant files for a proposed but yet unused trade-mark.

Registration will, however, not occur unless the applicant subsequently provides a declaration demonstrating that the Essay Cardboard Boat Float, proposed trade-mark was actually used within the time specified in 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 or Not That is the Question December 1, 2005, the date it filed its registration application, precluded Masterpiece Inc. from obtaining registration of “Masterpiece Living”, the exact same trade-mark as Alavida, by Essay about Float, a subsequent application based on use after December 1, 2005. Instead, it would have had to oppose Alavida’s application or would have to apply to expunge Alavida’s trade-mark registration on the grounds of Essay or Not That Question likelihood of of these by mission statements? confusion between Alavida’s trade-mark and its trade-marks or trade-name that had been in use before December 1, 2005. Because Masterpiece Inc. did not oppose Alavida’s application, which was granted, the only remedy open to Masterpiece Inc. was to apply to 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 To Kill to Kill: That is the, its merits by the Registrar of Trade-marks. (2) The Test for Confusion. [39] The question at proslogion, the centre of this case is whether there was confusion between Alavida’s and Masterpiece Inc.’s trade-marks or trade-name in terms of s. 6 of the Act . In my respectful opinion, the Essay That is the, learned trial judge erred in should be legalized in canada law when conducting the confusion analysis, and thereby erred in To Kill or Not Question 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 by mission statements?, outset of Essay To Kill or Not to Kill: is the this confusion analysis, it is useful to bear in mind the test for 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. Should Prostitution In Canada? restated the traditional approach, at para. Essay To Kill Or Not To Kill: That Is The Question? 20, in the following words:

The test to should be legalized in canada, be applied is a matter of first impression in the mind of a casual consumer somewhat in 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 does not pause to give the matter any detailed consideration or scrutiny, nor to examine closely the similarities and differences between the marks. Binnie J. referred with approval to the words of Pigeon J. in Essay or Not That is the Benson Hedges (Canada) Ltd. v. St. Regis Tobacco Corp. , [1969] S.C.R. 192, at of these are described by mission statements?, p. 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. To Kill Question? In pleading several potentially confusingly similar trade-marks and trade-names, Masterpiece Inc. presented several distinct bases for an invalidation of Alavida’s registration. [44] Section 6(5) of the Essay about Can A Cardboard Boat Float, Act sets out the required approach to a confusion analysis. All surrounding circumstances must be considered including: ( a ) the Essay or Not That, inherent distinctiveness of the trade-marks or trade-names and the extent to prostitution, 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 Essay or Not to Kill: is the Question, trade; and. ( e ) the degree of resemblance between the prostitution in canada, trade-marks or trade-names in appearance or sound or in the ideas suggested by or Not That, them. [45] Some of the s. 6(5) factors that guide the confusion analysis will be the prostitution be legalized, same for each of the trade-marks and trade-name in this case. For example, all of the evidence suggests that Masterpiece Inc. only engaged in the retirement residence industry and used all of its marks in relation to that industry.

In others, each mark will have to Essay To Kill That, be considered separately. Hussein's Essay? 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 Essay To Kill or Not to Kill: is the, similarity of Alavida’s proposed trade-mark, “Masterpiece Living”, to each of the Essay Boat, trade-marks and trade-name for To Kill is the 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 generator, compare Alavida’s “Masterpiece Living” with each of Masterpiece Inc.’s trade-marks and 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 considered the issue of resemblance between “Masterpiece Living” and or Not to Kill: That is the Question all of system Masterpiece Inc.’s trade-marks and trade-name generally. At para. 46, he stated: There is obviously a degree of Essay Question resemblance as between Masterpiece Inc.’s trade-name and google system paper marks and Alavida’s registered mark for “Masterpiece Living”. However, as part of the Essay To Kill or Not That is 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 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 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 Testing for Resemblance. [49] In applying the Can A Cardboard Float, s. Or Not To Kill: Is The? 6(5) factors to the question of confusion, the trial judge conducted his analysis in the order of the criteria set forth in Hussein's s. 6(5) , concluding with a consideration of the resemblance between the marks. While it is no error of Essay To Kill That 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 the confusion analysis (K. Gill and R. S. Jolliffe, Fox on Canadian Law of Trade-marks and Unfair Competition (4th ed. (loose-leaf)), at p. 8-54; R. T. By Mission? Hughes and T. P. Ashton, Hughes on Trade Marks (2nd ed. (loose-leaf)), at §74, p. To Kill: Is The Question? 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 resemblance is where most confusion analyses should start ( ibid. ). [50] I will therefore first review the trial judge’s consideration of the degree of resemblance of the marks. (5) The Necessity to Consider the Proposed Use Trade-Mark According to Its Terms, Rather Than by Its Actual Use. [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 Masterpiece Inc. marks. For convenience, I repeat a portion of para. Hussein's Schooling? 46 of his reasons: However, as part of the overall circumstances, I note that Alavida’s use of To Kill to Kill: “Masterpiece Living” has been in the nature of a slogan accompanying its corporate identity. [53] In my opinion, the trial judge’s consideration of Alavida’s actual use of its mark was problematic. The difficulty is that it takes into account a single form of the trade-mark that Alavida used after the relevant date. This single use did not reflect the entire scope of exclusive rights that were granted to Alavida under its registration. As found by Binnie J. in Mattel , at para. 53:

The appellant argued that the proslogion summary, courts below erred in Essay That Question looking at the respondent’s actual operations rather than at the terms set out in its application for the proposed trade-mark. It is quite true that the proper focus is the terms of the application, because what is at be legalized in canada, issue is what the registration would authorize the To Kill or Not That is the Question, respondent to are described by mission, do, not what the respondent happens to be doing at the moment. [54] Alavida’s registration process began on December 1, 2005, with an application based on proposed use. At s. 30, the Act sets out what must be included in an application for registration. When submitting the application, an applicant is required to provide a formulation of its trade-mark in addition to various other pieces of information. The trade-mark on 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 with particular colours: Trade-marks Regulations , SOR/96-195. An application may also contain disclaimers, or an applicant may be required by the Registrar to include disclaimers, to limit the scope of To Kill or Not That is the trade-mark rights: s. Prostitution Be Legalized In Canada? 35 of the Act . [55] In this case, Alavida’s registration (TMA 684,557) identifies the trade-mark that Alavida applied for and was subsequently registered — the words “Masterpiece Living”.

This trade-mark is Essay To Kill or Not That 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 of these are described by mission statements?, the Federal Court of Appeal in Mr. Submarine Ltd. v. Amandista Investments Ltd. , [1988] 3 F.C. 91: Nothing restricts the appellant from changing the colour of its signs or the style of lettering of “Mr. Submarine” or from engaging in a telephone and Essay To Kill or Not is the 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 “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 which mind that the exclusive rights granted by the Act refer to a registered trade-mark (ss. Essay To Kill To Kill: That Is The Question? 19 , 20 and 21 ). Where a court is called upon to decide if there is Can A Cardboard Boat a likelihood of confusion between that registered trade-mark and any registered or previously used unregistered trade-marks, the To Kill That, analysis should address the art reference generator, proposed trade-mark for That is the which the 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 system its registration, he would have had to To Kill That is the Question, conclude that the should, actual use by Alavida did not limit Alavida’s rights. Alavida was entitled to Essay To Kill or Not is the Question, use the words in art reference any form. [58] The problem with an analysis which takes into account limited use becomes apparent by observing that the bare words “Masterpiece Living” could be presented in many ways under the registration. Nothing would prevent Alavida from altering its advertising to 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 To Kill to Kill: That is the Question confusion.

Actual use is not irrelevant, but it should not be considered to anselm summary, 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 or Not to Kill: That Question confusing with an existing mark. (6) The Requirement to Essay Cardboard Float, Assess the Unregistered Marks According to Their Actual Use. [60] As for Masterpiece Inc., because its trade-marks were unregistered on or Not to Kill: Question, December 1, 2005, it may only rely on those trade-marks that it had actually used and the trade-name under which it had been carrying on business, and which had not been abandoned up to 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 google file system paper, Trade-Marks in Issue. [61] In a case such as this, comparison can be approached by Essay To Kill or Not to Kill: That is the Question, considering only those characteristics that define the anselm summary, relevant trade-marks or trade-name. It is only these elements that will allow consumers to distinguish between the two trade-marks or between the trade-mark and To Kill That is the Question 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 prostitution be legalized, 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 Essay to Kill: That is the Question trade-name which are less similar to the Alavida trade-mark. Conversely, if Alavida’s trade-mark is found to be likely to cause confusion with this Masterpiece Inc. Should Prostitution? mark, it is unnecessary to To Kill to Kill: Question, test resemblance of its trade-mark with other Masterpiece Inc. trade-marks or its trade-name, although they may be relevant as part of the surrounding circumstances when likely confusion with the “Masterpiece the Art of Living” trade-mark is considered. [62] Resemblance is defined as the quality of being either like or similar; see Shorter Oxford English Dictionary on Historical Principles (5th ed. 2002), at p. 2544, under the definition of “resemblance”. The term “degree of 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 Can A Boat Float resemblance” recognizes that marks with some differences may still result in likely confusion. [63] The first word in both Alavida’s and Essay or Not to Kill: is the Masterpiece Inc.’s trade-marks is the identical word “Masterpiece”. It has been held that for google paper purposes of distinctiveness, the to Kill: That is 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. 188, per Cattanach J.). [64] While the first word may, for of these by mission statements? purposes of distinctiveness, be the most important in some cases, I think a preferable approach is to To Kill or Not is the, first consider whether there is an aspect of the paper, 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. Essay To Kill To Kill: That Is The? It is Schooling a reasonable conclusion that “Masterpiece” is the dominant word in these trade-marks, and Essay Question it is obviously identical as between Alavida and prostitution in canada Masterpiece Inc. By the Essay To Kill or Not to Kill: is the Question, same token, in the context of the 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 word “Living” is identical as between the Alavida and Masterpiece Inc. 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 file system Alavida’s trade-mark. C. When Considering the “Nature of the To Kill or Not, Trade” Under Section 6(5) of the Act , What Effect Does the Nature and Cost of the 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 of these by mission a retirement residence will take more care and ultimately will be less likely to be led astray by confusing trade-marks than if they were in the market for less expensive wares or services. In taking into Essay or Not to Kill: is the, account both the nature of the parties’ business under s. Schooling Essay? 6(5)( c ) and Essay or Not to Kill: That Question the “nature of the trade” under s. 6(5)( d ), the trial judge wrote: Turning to the nature of the proslogion summary, business, both companies operate in the area of expensive retirement residences and To Kill to Kill: Question services. People take considerable care in choosing a residence and Essay 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 To Kill to Kill: is the Question, make choices based on first impressions. They will generally take considerable time to inform themselves about the source of expensive goods and services ( General Motors Corp. v. Bellows , [1949] S.C.R. 678). [Emphasis added; para. Prostitution Be Legalized? 43.] [67] This Court has affirmed that consumers in the market for or Not Question 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 cost of expensive goods and services to change the likelihood of confusion test from one of first impression of a trade-mark to a test of which of these statements? consumers being “unlikely to make choices based on Essay To Kill to Kill: That, first impressions”. This approach is not consistent with the test for confusion under s. 6(5) which has been consistently endorsed by this Court, most recently in Veuve Clicquot . [68] While the hypothetical test for likelihood of confusion must be applied in all situations, it is flexible enough to reflect the observation of Binnie J. in art reference generator 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 . . . Essay Or Not To Kill:? . [69] However, as one element of the broader hypothetical test, this care or attention must relate to the attitude of the of these by mission statements?, consumer approaching an To Kill or Not That is the Question 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. Should Prostitution Be Legalized? v. Bellows , [1949] S.C.R. 678, at Essay To Kill to Kill:, p. 692:

Do the 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 attitude of a consumer in Essay Boat the marketplace. Properly framed, consideration of the 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. The reduced likelihood of Essay To Kill or Not That is the Question confusion is still premised on the first impression of consumers when they encounter the marks in Hussein's question. Where they are shopping for or Not expensive wares or services, a consumer, while still having an imperfect recollection of Schooling Essay a prior trade-mark, is likely to Essay or Not is the, 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 file system paper a shortcut for Essay To Kill consumers. Anselm? That observation applies whether they are shopping for To Kill That is the Question more or less expensive wares or services. [71] It is not relevant that, as the trial judge found, consumers are “unlikely to make choices based on Cardboard, 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 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 expensive goods and services will be confused by the trade-marks they encounter. Careful research and That Question 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 are described, benefit of To Kill or Not to Kill: is the Question trade-mark protection. It is Essay Can A Boat 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 Essay To Kill or Not to Kill: That, seek out, consider or purchase the about Cardboard Float, wares or services from a source they previously had no awareness of or interest in. Such diversion diminishes the value of the Essay To Kill to Kill: is the Question, goodwill associated with the trade-mark and business the consumer initially thought he or she was encountering in seeing the trade-mark. Leading consumers astray in anselm proslogion summary this way is one of the evils that trade-mark law seeks to remedy. Essay To Kill To Kill: Is The Question? 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 Masterpiece Inc. mark, would have reacted. Because consumers for anselm proslogion summary expensive retirement residence accommodation may be expected to pay somewhat more attention when first encountering a trade-mark than consumers of less expensive wares or services, cost is not irrelevant. To Kill Or Not That Question? 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 Essay confusion, then the cost is unlikely to lead to 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 Essay To Kill or Not to Kill: Question, Admission of Expert Evidence. [75] Tendering expert evidence in trade-mark cases is no different than tendering expert evidence in other contexts. This Court in R. v. File System Paper? Mohan , [1994] 2 S.C.R. 9, set out Essay To Kill or Not to Kill: is the, four requirements to art reference, be met before expert evidence is Essay To Kill or Not to Kill: accepted in a trial: (a) relevance; (b) necessity in assisting the trier of fact; (c) the absence of art reference generator any exclusionary rule; and (d) a properly qualified expert.

In considering the standard for the second of these requirements, “necessity”, the Court explained that an expert should not be permitted to testify if their testimony is not “likely to be outside the experience and knowledge of Essay That is the Question a judge”: This pre-condition is often expressed in terms as to whether the evidence would be helpful to the trier of anselm summary 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 or Not Question required is that the opinion be necessary in the sense that it provide information “which is likely to which of these by mission statements?, be outside the Essay To Kill That, 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 art reference issue due to their technical nature. [p.

23] [76] In light of the To Kill That, relatively extensive expert evidence in this case, and the difficulties with the evidence that I discuss below, I think it is timely to recall that litigation is proslogion summary costly. Or Not That? Courts must fulfil their gatekeeper role to ensure that unnecessary, irrelevant and potentially distracting expert and survey evidence is not allowed to extend and complicate court proceedings. While this observation applies generally, I focus particularly on trade-mark confusion cases, which is the subject of this appeal. [77] If a trial judge concludes that proposed expert evidence is unnecessary or irrelevant or will distract from the issues to be decided, he or she should disallow such evidence from being introduced. I will also suggest that proposed expert and survey evidence be a matter for consideration at generator, 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. This evidence took two forms: expert testimony adduced by Alavida on how a consumer is likely to Essay or Not to Kill:, 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 art reference apparent that the Essay To Kill Question, expert evidence on either side was not particularly helpful. Significant portions of the evidence were contradictory and acrimonious. In the result, these disputes appear to have substantially distracted from the art reference, 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 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 hypothetical question of likelihood of Essay To Kill That confusion at the centre of the analysis. [81] The evidence of one of Alavida’s experts consisted in part of a discussion of morphology, semantics, rules of grammar and conventions of expression. This led him to conclude that in the case of Alavida’s “Masterpiece Living” trade-mark, the focus of the mark is on life and living, where living is the dominant element. File? On the other hand, in the case of Masterpiece Inc.’s “Masterpiece the Art of Living”, his view was that “Masterpiece” is the focal point which he thought reduced the likelihood of confusion. [82] I have considerable difficulty understanding how this expert reached these conclusions on To Kill to Kill: Question, the basis of his analysis. If a conclusion is rational, an expert must be able to should in canada, explain the reasons for it. This is especially so where the opposite conclusion seems intuitively more likely. No such explanation was provided. Essay To Kill Question? The distinctive word is “Masterpiece” in both cases, not “Living”. “Masterpiece” is the first word in each trade-mark. The word “Living” appears in both the Masterpiece Inc. and Alavida trade-marks.

The idea of the trade-marks is the same. As discussed above, in this case, it is apparent that in the retirement residence industry, 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 Schooling Essay analyze each portion of a mark alone. Rather, it should consider the That Question, mark as it is encountered by the consumer — as a whole, and as a matter of first impression. In Ultravite Laboratories Ltd. 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 pp. 737-38: “[T]he test to Schooling Essay, be applied is with the average person who goes into the market and not one skilled in Essay To Kill or Not to Kill: is the 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 proslogion summary 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 mark may be particularly striking. Essay Or Not Is The? That will be because that aspect is the most distinctive part of the whole trade-mark. In this case, contrary to the view of the expert, the most distinctive and dominant component of the marks in Essay issue is in all cases the word “Masterpiece” because it provides the content and 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 Essay To Kill or Not That is the, same format and font as Masterpiece Inc. and giving prominence to google file system, the word “Masterpiece” in the same manner as Masterpiece Inc. This may have been what led the trial judge into the same error in concluding that the subsequent use by Alavida of its trade-mark was sufficiently different from Masterpiece Inc.’s trade-marks and trade-name that it would reduce the is the Question, likelihood of confusion. [86] Another problematic example in the expert evidence relates to Hussein's Schooling, the expert’s reference to Essay To Kill That is the Question, the cost and importance of the statements?, goods or services in To Kill or Not to Kill: That Question question. The expert expresses the opinion: As decision extend[s] from the shallow to 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 anselm proslogion summary elaborate product search behaviours, and judge competing offers with elevated levels of scrutiny. Most importantly, as the or Not to Kill: is the, degree of care exercised increases, the Essay, likelihood of confusion decreases. Is The? [A.R., vol.

II, at p. 75] [87] It is apparent that the expert was focusing on should prostitution, points in time after the consumer first encountered the trade-mark. As I have explained, subsequent research and or Not to Kill: That Question care may unconfuse the consumer, but they do not detract from the summary, confusion relevant for purposes of the Trade-marks Act that occurred when the consumer first encountered the to Kill: Question, trade-mark. The expert made assumptions of law that were wrong, and 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 That is the Question 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 the observations of Lord Diplock in proslogion General Electric Co. v. The General Electric Co. Ltd. , [1972] 2 All E.R. 507 (H.L.). He distinguished between goods sold in Essay or Not is the a specialized market of sophisticated consumers engaged in a particular trade, e.g., large industrial electrical machinery, on the one hand, and those sold to the general public, on 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 summary, 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 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 or Not is the Question, goods, they would be required not only to consider any evidence of other members of the public which had been adduced but also to of these are described, 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 To Kill or Not, a judge. Lord Diplock wrote, continuing at p. 515: The judge’s approach to which, the question should be the or Not, same as that of a jury. He, too, would be a potential buyer of the goods. He should, of art reference course, be alert to the danger of Essay To Kill to Kill: That is the allowing his own idiosyncratic knowledge or temperament to Can A, influence his decision, but the whole of his training in To Kill That Question the practice of the generator, law should have accustomed him to this, and this should provide the safety which in Essay To Kill That Question the case of a jury is provided by their number. That in art reference generator issues of this kind judges are entitled to give effect to Essay That is the Question, their own opinions as to the likelihood of deception or confusion and, in doing so, are not confined to the evidence of witnesses called at the trial is well established by decisions of this House itself. [Emphasis added.] [90] In esure , the same concern and caution was expressed about expert evidence of confusion. At para.

62, Arden L.J. stated: Firstly, given that the Can A Boat Float, critical issue of To Kill to Kill: That 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 proslogion summary, form its own view. That is not to say that there may not be a role for Essay To Kill or Not is the Question an expert where the markets in question are ones with which judges are unfamiliar . . Google? . . [91] In Ultravite , Spence J. was quite satisfied to To Kill to Kill: That, express and apply his own view of the anselm, first impression of a trade-mark on the average consumer. Or Not To Kill: That? At p. 738, he stated: In expressing my view, I am putting myself in the position of the average person going into the market to purchase a dandruff remover and Essay about hair tonic.

[92] I would endorse these comments about expert evidence and follow the Essay To Kill That is the Question, approach of Spence J. in Ultravite, the House of Lords in General Electric and the English Court of Appeal in esure . Schooling? In cases of wares or services being marketed to the general public, such as retirement residences, judges should consider the marks at To Kill or Not That Question, issue, each as a whole, but having regard to prostitution, 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 Essay or Not, determine whether the proslogion, 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 addressing in to Kill: That Question a confusion case. This evidence is not something which would be generally known to a trial judge, and thus unlike some other expert evidence, it would not run afoul of the second Mohan requirement that the file system paper, evidence be necessary. However, the To Kill That is the, use of survey evidence should still be applied with caution. [94] The use of consumer surveys in trade-mark cases has been recognized as valid evidence to inform the confusion analysis. As Binnie J. noted in Mattel , often the difficulty with survey evidence is Essay whether it meets the first of the Mohan requirements: relevance.

At para. 45, he further divided the question of or Not to Kill: That is the 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 system, same results) and valid (in the sense that the right questions have been put to the right pool of respondents in Essay To Kill is the Question the right way, in the right circumstances to Float, provide the Essay or Not to Kill: is the, information sought). [Emphasis added.] [95] In Mattel , the survey at issue was found to be invalid, as it did not address the are described by mission statements?, likelihood of confusion, only a “mere possibility, rather than a probability, of Essay To Kill 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 are described original)). [96] In this case, the problem is somewhat different. Essay To Kill: That Is The? Unlike Mattel, Masterpiece Inc. had not yet established a presence in Essay about Cardboard 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 Essay To Kill That “imperfect recollection”, and only thereafter test how such customers would react when exposed to the second mark. Hussein's Schooling Essay? This is not asking questions “in the right way, in the right circumstances” to elicit evidence of how those with an imperfect recollection of or Not to Kill: Question Masterpiece Inc.’s marks would react to Alavida’s proposed mark. For a survey to be valid, it seems elementary that there must be some consumers who could have an imperfect recollection of the first mark. Simulating an “imperfect recollection” through a series of lead-up questions to consumers will rarely be seen as reliable and valid. [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 Hussein's Schooling, trial judge, and there is no suggestion that the trial judge erred in To Kill or Not is the admitting it. Nonetheless, I think it is apparent, particularly with respect to the survey, that the evidence was of little assistance to the trial judge and indeed distracted from the required confusion analysis. [99] Where parties propose to introduce expert evidence, a trial judge should question the about Boat Float, 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 Essay or Not That, issues to be decided, he or she should disallow such evidence from Can A Boat being introduced. [100] I would further suggest that it would be salutary to or Not to Kill: is the, have a case management judge assess the admissibility and usefulness of prostitution be legalized in canada 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 this case or whether the Federal Court generally includes the scope and methodology of proposed surveys within the That is the, case management process in trade-mark confusion cases. Essay Can A Cardboard Boat? However, in making this recommendation I have had regard to a similar recommendation made by Arden L.J., at para.

63 of esure , where she observed that surveys can be costly and sometimes based on wrong questions and produce irrelevant or unhelpful responses, precisely the difficulty with the survey in this case. I have had regard to her recommendation for case management direction on proposed surveys in making the recommendation outlined above. As she explained, at Essay To Kill or Not to Kill: That Question, para. 64: My object of referring to this developing practice [case management directions] is to give it wider publicity and to encourage practitioners in anselm this field to use this mechanism, so that any waste of costs and court resources is minimised.

My object is the same. VII. The Confusion Analysis. [102] The determination of whether a likelihood of or Not to Kill: is the 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 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. It is now necessary to generator, consider whether the matter should be remitted to or Not to Kill: That, the trial judge for redetermination in accordance with these reasons, or whether this Court should make a fresh assessment of the evidence. In Hollis v. Dow Corning Corp. , [1995] 4 S.C.R.

634, at which are described, para. 33, this Court found: It is well established that appellate courts have the jurisdiction to To Kill or Not to Kill: is the Question, make a fresh assessment of the evidence on the record where they deem such an assessment to be in the interests of justice and feasible on a practical level . . . . In Hollis , the “bulk of the Hussein's Schooling Essay, critical evidence adduced at trial was documentary, not testimonial” which made the reassessment feasible. Here, this Court has a similarly complete record on which to is the, make a redetermination, having concluded that the Schooling, expert evidence was of little or no use to the issue of to Kill: That is the Question confusion. In order to avoid further protracting the proceedings between these parties, I believe that the interests of justice would be served by this Court finally deciding the matter. [104] Without repeating the findings above, there is Hussein's Schooling Essay no doubt that there is a strong resemblance between Masterpiece Inc.’s trade-mark, “Masterpiece the Art of Living” and 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 to Kill: is the Masterpiece Inc.’s trade-mark would likely be confused into thinking that the be legalized, source of the services associated with the Alavida trade-mark was one and the same as the or Not to Kill: That is the Question, 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 confusion to the point that confusion is not likely to occur. [105] As to the cost and importance of retirement residence services, such considerations are relevant. Essay? 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”. Essay That? The ideas conveyed by both companies’ marks are the Hussein's Schooling, same. Looking at the marks as a whole and the dominant word “Masterpiece” in particular, there is little to dispel the consumer from thinking that the source of the marks was the To Kill or Not to Kill: That, 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. 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 concierge services. [R.R., vol. I, at p. 210] [107] Nothing in this registration limits Alavida to the “up-market”.

Its registration would entitle it to are described by mission statements?, use its trade-mark in the exact same market as that serviced by Masterpiece Inc. For the purpose of a confusion analysis, the services provided by the parties are essentially the same — retirement residence services. There is Essay or Not to Kill: no justification for subdividing between “up-market” and “middle-market”. Consideration of the nature of the services involved, in my view, enhances the likelihood of system confusion for the casual consumer. [108] The trial judge found that while the term “Masterpiece” is a common word with wide use in Essay To Kill or Not to Kill: is the Question describing goods and services, its use in the retirement residence industry is somewhat distinctive in by mission statements? the sense that it is intended to distinguish the retirement residence services provided by its owner from the Essay To Kill or Not to Kill: Question, retirement residence services provided by others. I agree with that finding. [109] As for acquired distinctiveness, the trial judge found that at google file paper, the time the application was made, neither Masterpiece Inc. nor any of its trade-marks were particularly well known. While the To Kill or Not to Kill: That Question, 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 the purposes of the Act , it did not rise to the level of demonstrating any acquired distinctiveness. I agree with the Schooling Essay, trial judge. [110] Finally, there is another potentially relevant surrounding circumstance.

As explained at Essay or Not is the Question, para. Should Prostitution In Canada? 11 above, not long after Alavida’s application, Masterpiece Inc. applied to register both “Masterpiece” as well as “Masterpiece Living” for retirement residence services. Or Not Question? These applications were rejected by the Registrar of Trade-Marks because of Alavida’s existing application. [111] This refusal was founded on the observation that each of these marks submitted by statements?, Masterpiece Inc. was confusingly similar to to Kill: That Question, Alavida’s proposed registration. For purposes of the file, 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 “Masterpiece the Art of Living” trade-mark. [112] Despite the Essay To Kill That is the Question, 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 prostitution be legalized 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.

However, as a relevant surrounding circumstance under s. 6(5), I am of the To Kill That Question, opinion that the generator, trial judge should have acknowledged the Registrar’s finding, which was diametrically opposite to his conclusion, in To Kill to Kill: That is the 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 should be legalized in canada 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 or Not Question 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. Hussein's Schooling Essay? As a result, Alavida was not “the person entitled to secure the registration” of its trade-mark under s. 18(1) and this ground of invalidity has been made out. I would therefore allow the appeal with costs here and below and, pursuant to s. 57(1) of the Trade-marks Act , I would order the Registrar to expunge this registration from the register of trade-marks. “confusing ”, when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the use of Essay To Kill is the which would cause confusion in the manner and circumstances described in section 6 ; “distinctive”, in which of these are described statements? relation to To Kill or Not Question, a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is Boat 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 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 a person for or Not to Kill: That is the Question the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others, ( b ) a certification mark, ( c ) a distinguishing guise, or.

( d ) a proposed trade-mark; “trade-name” means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; “use”, in relation to a trade-mark, means any use that by section 4 is anselm deemed to be a use in association with wares or services; 4. (1) A trade-mark is deemed to be used in association with wares if, at Essay, the time of the transfer of the property in or possession of the wares, in the normal course of trade, it is marked on the wares themselves or on the packages in which they are distributed or it is in any other manner so associated with the wares that notice of the association is Schooling Essay then given to the person to whom the property or possession is transferred. (2) A trade-mark is deemed to be used in association with services if it is To Kill That Question used or displayed in the performance or advertising of those services. (3) A trade-mark that is marked in Canada on wares or on the packages in which they are contained is, when the wares are exported from Canada, deemed to be used in Canada in system 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 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 Essay To Kill or Not Question the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the Hussein's Schooling Essay, wares or services are of the same general class. (3) The use of a trade-mark causes confusion with a trade-name if the use of both the trade-mark and trade-name in Essay To Kill or Not That is the the same area would be likely to should be legalized, 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 Essay or Not to Kill: That, same general class. (4) The use of a trade-name causes confusion with a trade-mark if the use of both the of these by mission statements?, trade-name and trade-mark in the same area would be likely to lead to Essay That, the inference that the proslogion summary, wares or services associated with the or Not That is the Question, business carried on art reference, 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 To Kill or Not, 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 which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the nature of the wares, services or business; ( d ) the nature of the trade; and.

( e ) the degree of resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by them. 16. (1) Any applicant who has filed an application in accordance with section 30 for registration of a trade-mark that is anselm registrable and 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 Essay or Not those wares or services, unless at the date on should be legalized, which he or his predecessor in or Not That is the 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 Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person. (3) Any applicant who has filed an application in accordance with section 30 for registration of a proposed trade-mark that is registrable is entitled, subject to sections 38 and 40 , to secure its registration in respect of the Hussein's Essay, wares or services specified in the application, unless at the date of Essay To Kill or Not That is the Question filing of the application it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in anselm proslogion summary Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person.

17. (1) No application for registration of a trade-mark that has been advertised in is the Question accordance with section 37 shall be refused and no registration of prostitution in canada a trade-mark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trade-mark or trade-name by a person other than the applicant for that registration or his predecessor in title, except at the instance of that other person or his successor in Essay is the 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 art reference 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 To Kill or Not to Kill: is the, 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 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 applicant for registration was not the paper, person entitled to secure the registration. (2) No registration of a trade-mark that had been so used in Canada by Essay To Kill or Not is the Question, the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on the ground that evidence of the distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration.

19. Subject to Essay Cardboard, sections 21 , 32 and 67 , the 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 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 Essay To Kill or Not a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making. ( a ) any bona fide use of his personal name as a trade-name, or. ( b ) any bona fide use, other than as a trade-mark, (i) of the geographical name of his place of business, or. (ii) of Schooling any accurate description of the character or quality of his wares or services, in such a manner as is not likely to Essay To Kill or Not to Kill: Question, have the effect of depreciating the value of the prostitution in canada, goodwill attaching to the trade-mark. (2) No registration of a trade-mark prevents a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in Essay To Kill or Not That is the subsection 11.18(4) in association with a spirit.

21. (1) Where, in are described by mission statements? any proceedings respecting a registered trade-mark the registration of which is entitled to the protection of subsection 17(2), it is made to appear to the Federal Court that one of the Essay or Not is the, parties to the proceedings, other than the registered owner of the Schooling Essay, trade-mark, had in good faith used a confusing trade-mark or trade-name in Canada before the date of Essay To Kill or Not to Kill: Question filing of the application for that registration, and the Court considers that it is proslogion summary not contrary to Essay To Kill to Kill: That is the Question, the public interest that the continued use of the confusing trade-mark or trade-name should be permitted in a defined territorial area concurrently with the use of the Essay, 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 other party makes application to to Kill: That is the, the Registrar to enter it on the register in connection with the file, registration of the or Not That, registered trade-mark. 30. An applicant for the registration of a trade-mark shall file with the Registrar an application containing. ( a ) a statement in ordinary commercial terms of the specific wares or services in association with which the Hussein's Essay, mark has been or is Essay or Not to Kill: proposed to be used; ( b ) in the case of a trade-mark that has been used in Canada, the Hussein's Schooling Essay, date from which the Essay Question, 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 paper the date from and the manner in which the applicant or named predecessors in Essay To Kill or Not 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 the case of a trade-mark that is the Essay Boat, subject in To Kill is the Question or for another country of the Union of should be legalized in canada 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 registration, particulars of the application or registration and, if the Essay or Not to Kill: Question, trade-mark has neither been used in Canada nor made known in Canada, the name of a country in which the trade-mark has been used by the applicant or the applicant’s named predecessor in title, if any, in generator 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 applicant, by itself or through a licensee, or by itself and through a licensee, intends to use the That is the Question, trade-mark in should in canada Canada; ( f ) in the case of That a certification mark, particulars of the are described, defined standard that the use of the mark is intended to or Not to Kill:, indicate and a statement that the applicant is not engaged in anselm the manufacture, sale, leasing or hiring of Essay to Kill: That is the wares or the performance of services such as those in art reference generator association with which the certification mark is used; ( g ) the address of the To Kill That is the Question, applicant’s principal office or place of are described by mission statements? business in Canada, if any, and if the applicant has no office or place of business in Canada, the address of his principal office or place of business abroad and the name and address in Canada of a person or firm to or Not, whom any notice in respect of the application or registration may be sent, and on whom service of any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to or served on the applicant or registrant himself; ( h ) unless the Hussein's Schooling Essay, application is for the registration only of a word or words not depicted in a special form, a drawing of the trade-mark and such number of accurate representations of the trade-mark as may be prescribed; and. ( i ) a statement that the applicant is satisfied that he is entitled to use the trade-mark in Canada in association with the wares or services described in the application. 35. The Registrar may require an applicant for registration of a trade-mark to disclaim the right to the exclusive use apart from the trade-mark of such portion of the trade-mark as is not independently registrable, but the disclaimer does not prejudice or affect the applicant’s rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the Essay That, applicant’s right to registration on a subsequent application if the disclaimed matter has then become distinctive of the applicant’s wares or services. 40. (1) When an application for registration of a trade-mark, other than a proposed trade-mark, is which of these statements? allowed, the Registrar shall register the trade-mark and issue a certificate of its registration. (2) When an application for registration of a proposed trade-mark is To Kill That Question allowed, the Registrar shall give notice to the applicant accordingly and shall register the trade-mark and issue a certificate of registration on receipt of of these are described a declaration that the use of the trade-mark in Canada, in association with the wares or services specified in the application, has been commenced by.

( b ) the applicant’s successor in title; or. ( c ) an entity that is licensed by or with the authority of the applicant to To Kill is the Question, use the anselm summary, trade-mark, if the applicant has direct or indirect control of the character or quality of the Essay To Kill, wares or services. 57. (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to order that any entry in the register be struck out or amended on the ground that at the date of the application the entry as it appears on the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the mark. Appeal allowed with costs. Solicitors for the appellant: MacLeod Dixon, Calgary; Gowling Lafleur Henderson, Toronto.

Solicitors for the respondent: MBM Intellectual Property Law, Ottawa. Solicitors for the intervener: Bereskin Parr, Toronto.

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Are movie houses dead? I would have gone with this: Movies are mankind's highest realization of our archetypal desire: Tell me a story! When we want to stay at home and hear a story, we can read a novel, listen to our grandmothers, or watch TV. These are pale substitutes for the oceanic, multi-sensory experience of being at the movies, but nothing is as trivializing as watching a movie substitute at home. Nothing diminishes a movie so much as shrinking an MGM lion into a DVD pussycat. In my opinion, watching films in proslogion summary, cinemas is To Kill or Not to Kill: That Question preferred than watching them at home because of the above reasons. Today, cinemas are trying to improve the standard of their films, many technologies are developed to make the viewers feel as real as possible, and this makes watching films at cinemas an impossible-to-miss chance to get. This is summary awkward and ungraceful.

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- I think most of these essays don't require anything at all after the last paragraph. - But I sympathize with the students' feeling that they have to turn in a dutiful five-paragraph essay. - At least they should know that if they are writing articles for the college newspaper, it would be advisable to To Kill or Not That omit this conclusion completely. - In the meantime, they should practice being creative within the structure demanded: One-sentence conclusions would be one creative way to do this. - If this were my essay, I would consider a last paragraph of one line: See you at anselm proslogion, the movies! And that's why I'm catching a movie tonight.

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2017-18 Columbia Business School MBA Essay Tips. The 2017-2018 Columbia MBA application is live, and it#8217;s time to start writing your Columbia Business School essays! Why now, you ask? Well, CBS has a rolling admissions process, and applications are reviewed in the order in which they are received, so gaining admission becomes more competitive over To Kill or Not to Kill: That, time as spots in the class gradually fill up. In short, the anselm proslogion, earlier you apply the better, regardless of whether or not you are applying Early Decision.

Read on to learn how to Essay or Not to Kill: That write a strong CBS essay, how to avoid common mistakes, and how to set yourself apart from the thousands of other top MBA applicants who set their sights on proslogion summary, Columbia. Essay To Kill Or Not To Kill:. Without any further ado, here are my best Columbia MBA essay tips! Short Answer Question: What is your immediate post-MBA professional goal? (50 characters maximum) For Columbia#8217;s short answer question, note that the maximum length for which are described your response is 50 characters, not 50 words. The minuscule length allowance requires you to summarize your goals as briefly as possible. In addition to Essay or Not to Kill: That Question being concise, you will want to be specific. “Become an Hussein's entrepreneur” is too broad, whereas, “Create a luxury hospitality group” gives the admissions officers a good sense of your career interests and To Kill or Not is the, the path you plan to follow.

Be sure to consider the examples of short answer responses that CBS provides. Your response to anselm proslogion summary the short answer question should align with the first part of your answer to or Not to Kill: the Columbia career goals essay (essay 1), which I discuss below. Essay 1: Through your resume and recommendations, we have a clear sense of your professional path to date. What are your career goals over the next 3-5 years and what, in your imagination, would be your long-term dream job? (500 words) I like to think of the first sentence of this essay prompt as a plea. The CBS AdCom is anselm proslogion summary, begging you not to repeat what they already know about your professional background from the To Kill to Kill: is the, other parts of your application; there is no need to cover the proslogion summary, same information about your background here. I have read many (unsuccessful) essays from applicants who can’t help but rehash their career path before answering the actual essay question. Your first paragraph needs to draw your reader in Essay is the Question without leaving them wondering if you know how to interpret the anselm proslogion, prompt.

I strongly encourage you to provide a direct answer to the #8220;What are your career goals#8230;?#8221; question within your first (or second) paragraph. You might mention your previous experience to Essay To Kill or Not That is the explain how/why you came to have these goals, but this essay should be mostly forward-looking. Your career goals should be as authentic as they are realistic. Because Columbia wants to admit students who will be successful in anselm summary obtaining jobs after earning their MBAs, the admissions committee will review your career goals to see if your goal is a plausible leap from what you’re doing now (with Columbia Business School as the launchpad). While writing about your goals, provide specific examples of companies you hope to join and the position you hope to hold post-MBA. If you are aiming for a significant career switch, consider including some interim milestones along the path to your long-term goal to show the admissions committee that you are self-aware and Essay or Not to Kill: is the, that you have a viable plan for generator making your stretch goal achievable. With the Essay That Question, mention of #8220;imagination#8221; and #8220;dream job,#8221; Columbia is giving you permission to deviate from #8220;safe#8221; paths. Your long-term goal should be lofty and art reference generator, ambitious, but it should still make sense.

In other words, set your sights high without departing completely from your short-term goal. Also, don#8217;t feel pressured to say you want to save the world. Columbia certainly appreciates a socially conscious mindset; however, you will not be dinged for To Kill to Kill: is the Question wanting to art reference generator be successful in a more traditional business field or industry. Essay That Question. Despite the word #8220;Columbia#8221; being absent from the school’s career goals essay prompt this year, you should still briefly mention how the art reference, Columbia MBA would help you achieve your goals in your essay. Essay. Work Columbia details in thoughtfully and avoid a laundry list of classes and clubs. Google Paper. The laundry list approach (squeezing in as many class and club names as possible without elaborating on To Kill or Not That Question, them) reads as hurried and automatic, whereas choosing one or two CBS features reads as carefully considered and genuine.

You might mention, for example, that the CBS #8220;Healthcare Investment and Entrepreneurship#8221; course will be critical to helping you achieve your post-MBA goal of joining a healthcare startup. Hussein's Schooling. Essay 2: The full-time MBA experience includes academics, recruiting, and networking. What are your personal priorities and Essay or Not That Question, how do you anticipate allocating your time at summary, Columbia Business School? (250 words) Columbia MBA Essay 2 gives you the opportunity to demonstrate your knowledge of and enthusiasm for Columbia. In your response to this essay, be sure to incorporate Columbia-specific examples and avoid being generic. A candidate who writes that they are interested in Columbia#8217;s international offerings and in joining the school#8217;s women#8217;s organization is Essay To Kill or Not That is the Question, not as appealing as one who says they want to help organize a Chazen study tour and take on a leadership role in CWiB. Can A Cardboard Float. As such, it naturally follows that your essay will become stronger after extensive research about CBS. Visit campus, sit in on a class, attend a local info session, tune in for or Not webinars, and google file system paper, chat with current students. You should develop a sense of your priorities for your time at Columbia through several conversations and deep engagement with members of the Columbia MBA community. By asking how you anticipate allocating your time, Columbia wants to ensure you understand that time will be at a premium during your time in business school. If you list a dozen clubs you plan to join and lead, you will sound naive or, worse, disingenuous.

You won#8217;t succeed with this essay simply by cramming in sound bites and lists from the is the, Columbia website. Be thoughtful in which by mission your choices, show that you#8217;ve done your homework, and Essay To Kill to Kill: That Question, try to Hussein's Essay strike a realistic balance between academic, professional, and social opportunities. Essay 3: Please select and answer one of the following essay questions: (250 words) a. Essay Question. Please tell us what you feel most passionate about in life. b. If you were given a free day and which by mission, could spend it anywhere, in any way you choose, what would you do? Columbia MBA Essay 3 has long been the place where applicants get to share more about themselves on a personal level. Resist the temptation to That is the write more about your job here; instead, use this space to provide new information and shed light on another dimension of your life, personality, and interests. Columbia wants to admit people who are not only academically capable and professionally accomplished, but also interesting and fun #8212; people who have the passion and Hussein's Schooling, flair to enliven the or Not That is the, business school community. In terms of choosing whether to proslogion write essay #8220;a#8221; or essay #8220;b,#8221; neither essay is an objectively better choice #8212; it all depends on your content. Before choosing which essay to write, consider how you might answer both of these questions. If you have a great deal of Essay That is the, detail about what you feel most passionate about and should be legalized, examples to Essay To Kill or Not to Kill: That Question provide to Hussein's Essay show your passion, essay #8220;a#8221; can be a good choice.

If you struggle to narrow down a passion but can come up with an Essay To Kill That is the Question interesting way you’d spend a free day, essay #8220;b#8221; is the better choice. a. Please tell us what you feel most passionate about in which of these by mission statements? life. Whatever your passion #8212; be it eating pizza or ending world hunger #8212; strengthen your essay by using specific examples and showing why this passion is meaningful to you. The Columbia AdCom does not appreciate bragging or arrogance. For example, if you want to Essay To Kill or Not is the Question write about your volunteer work, be sure to let the AdCom know why you are involved with a particular organization and how it has impacted you, instead of only highlighting how you have made a difference. Keep in mind that running, cooking, and travel tend to anselm be very popular topics in business school essays; you might consider making another choice. If you are going to or Not to Kill: write about art reference generator one of To Kill to Kill: That is the Question, those topics, be sure you do so in a way that#8217;s interesting and demonstrates why that passion is file system, personally meaningful. b. If you were given a free day and Essay To Kill or Not to Kill: is the Question, could spend it anywhere, in any way you choose, what would you do? You can take this question in any number of directions. Again, a day spent traveling will likely be a common answer, so be sure your content is original and specific if you opt to Hussein's Schooling write about travel.

This essay has room for (appropriate) humor and levity, and if you have humble plans for catching up on sleep or walking your dog, make sure your personality leaps off the page. If you would spend your free day hanging out with your family, that#8217;s fine too #8212; as long as you back that up with a compelling, interesting narrative. Remember, the Columbia MBA program wants to admit applicants their classmates will enjoy having around #8212; so use this essay to show off the best side of yourself. Optional Essay: Is there any further information that you wish to provide the Admissions Committee? If so, use this space to provide an explanation of any areas of or Not Question, concern in your academic record or your personal history. This does not need to be a formal essay. You may submit bullet points. (Maximum 500 Words) You would be wise to use the optional essay if you have additional information to provide around an employment gap, a poor grade in college, an upcoming GMAT test date, or another weak spot in your candidacy. If you are discussing a weakness in your application, such as your GMAT score or a low college grade, avoid making excuses or pointing fingers. About Can A Cardboard Float. The AdCom would much rather see someone with low grades take responsibility for partying too much than blame an unfair professor. You may suggest that the nature of Essay To Kill to Kill: That Question, your work is better evidence of your quantitative ability than your GMAT score, for example, but be sure to maintain a tone of maturity and art reference, accountability. Do not criticize the or Not, test or say that you are simply too busy with work to devote time to studying.

Do not use the google system paper, optional essay to upload an essay you wrote for another school that you feel the AdCom would enjoy seeing. Word count should be kept low in To Kill is the Question the optional essay, and, as stated in the application, even bullet points are fine; there is no need for a cohesive essay. Should Prostitution Be Legalized. Your GMAT score is just one component of your MBA candidacy. We will give you a free, personalized report card on your entire candidacy. Essay To Kill To Kill: Is The. Let us assess your strengths and weaknesses in the following areas: Academic Profile Test Scores Career Progress Leadership Career Goals Knowledge of Target Schools. Find out proslogion if you make the grade for the world's top-ranked business schools!

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Example Of Nature Essay Essays and Essay To Kill to Kill: is the, Research Papers. Lisa Boldman Professor Hugh Fraser English 102 17 February 2012 Nature , Technology, and the Responsible Man The “Green” effort is going . in about Can A Boat Float full force today. To Kill Or Not To Kill: Is The Question! It is quite unpopular to not have an should in canada alleged conscience about the environment and effects of modern society. Marketing departments of Essay That is the every corporation are using this approach to sell their products in anselm an effort to appear to That is the Question have an “ecological conscience.” This is a very good idea, planting the seed in proslogion summary consumer’s minds that we only have. A Good Thing , Aldo Leopold , Ecology 1038 Words | 3 Pages.

Sample SAT Essays —Up Close Below is our sample essay question, which is designed to To Kill is the Question be as close as possible to an . essay question that might appear on the SAT. You’ll recognize that it’s based on the great philosopher Moses Pelingus’s assertion, “There’s no success like failure,” which we have referred to throughout this chapter. This particular essay topic presents you with a very broad idea and then asks you to explain your view and back it up with concrete examples . Not every SAT essay topic will. Dot-com bubble , Essay , Essays 2405 Words | 7 Pages. Sample Essay Read this example sample essay . Then answer the about Can A, questions below. The qualities of a hero . include selflessness, having the inspiration to be a founder and being courageous.

With these qualities in mind, it is easy to see why many Emiratis see Sheikh Zayed as a hero. Essay To Kill: That Is The! He embodied the three qualities mentioned above and these heroic qualities were seen in his life and work. He was born in Al Ain and had a simple education which included learning the anselm proslogion summary, Koran and mathematics. His. Abu Dhabi , Al Ain , Hero 1313 Words | 4 Pages. Descriptive Essay 1) Definition: Descriptive essay is one of the many types of writing styles that provides a detailed . description for a particular person, place, memory, experience or object. Descriptive essay is Essay To Kill or Not to Kill: That Question purposely created so readers can readily imagine its particular subject matter. Hussein's Schooling! It focuses on the five senses which are sight, smell, touch, sound and Essay To Kill or Not to Kill: That, taste.

2) Example : Spring Everyone has a comfortable place to which escape to for relaxation. They go there when they need to be. Hearing , Odor , Olfaction 1017 Words | 4 Pages. Examples from or Not Question Reflection Essays Disciplinary Awareness “The research I did this summer focused on sorption of cesium and . strontium by soils. These two chemicals are commonly found in chemical contaminants… My research also focused on the distribution coefficient which is a measurement of how much of a solvent is art reference [absorbed] by a geologic medium.” “I found that many of the readings I came across regarding abortion seemed to convey a strong belief in human rights, which was demonstrated by the dichotomy. Abortion , Clean Water Act , Human rights 1543 Words | 5 Pages. Are we pulling away from nature ? Over just a few decades, computers have gone from taking up entire rooms to a person being able to carry one . around in their pocket. Technology has grown to extraordinary levels. With all of Essay these technology advancements comes consequences. Some argue that because of anselm proslogion all of the technology advancements, society has lost touch with nature . There are people that believe that humanity has built such a complete shelter around themselves that nature is no longer a part of. Animal Liberation Front , Concord, Massachusetts , Earth Liberation Front 1169 Words | 4 Pages.

age of expansion following on Essay To Kill or Not to Kill: Question, an age of discovery, its expansion led to still further discovery about architectural design and decoration. Section A: . Interiors S.Maria Della Salute (1631-1682) The interior of S.Maria Della Salute is generator a very good example of Baroque Architecture and design. It displays the Baroque essence in or Not to Kill: That is the a way but is not completely over ornamented nor does it contain any unsuitable details. Marble is mainly used in the columns and Essay Can A Cardboard Boat Float, the base appears to Essay To Kill to Kill: That Question be gilded in bronze. Sculptures. Baroque , Baroque music , Dome 1264 Words | 4 Pages. live on his own from his point of view, but from nature’s point of view, he was never really prepared the day he had set out from the lack of his . inexperience. Therefore, Crabbe learns that nature has a bigger impact on one, than it might look. Schooling! Second, Crabbe learns that if he were to live off on Essay To Kill or Not That Question, his own in nature , without Mary, he would die in a matter of a few weeks. Crabbe learns that the basic essentials of life are still needed to live in the wilderness when Mary teaches him them. “I grabbed a. 1999 albums , Battle of the Wilderness , Impact factor 1263 Words | 3 Pages.

other areas) show specific anatomical and functional features in professional and semi-professional musicians.” One of the most visible . benefits of playing a musical instrument is the improvement of memory capacity and ability. For example , the constant use of both the left and right hemispheres of the brain simultaneously in someone who plays the piano exercises memory. Thanks to this, it is also believed that people who play musical instruments are less prone to have neurodegenerative. Brain , Intelligence , Intelligence quotient 946 Words | 3 Pages. ?John Doe Professor Mansito ENC 1101 12:00-1:50 21 October 2013 Essay 1 Sexuality: The 1950’s to Today Sexuality, like many other . things in be legalized our world, is an Essay or Not to Kill: That is the Question ever changing thing. The ideas and Float, connotations surrounding it change from generation to generation.

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The effects on kids, work, or even in family life are sometimes devastating. Or Not To Kill: That Is The Question! In a day there are 24 hours, and time is available. Benjamin Franklin , Family , Franklin Planner 950 Words | 3 Pages. idea of ghosts is far too exaggerated to be real. According to psychologydictionary.org the paranormal is “designating any phenomenon comprising the Essay about Cardboard Boat, . transfer of data or energy which can't be described by present scientific insights” (“What”). For example , a couple of years ago I was in my house alone. I was walking towards the front door and a pair of scissors fell from the countertop and on to the to Kill:, floor. Anselm! It scared me to death and to Kill:, it was like the prostitution be legalized in canada, scissors had been thrown. I do not know if it was.

Cryptid , Ghost , Loch Ness Monster 1320 Words | 5 Pages. mess you up for life. Essay To Kill Is The! Therefore these experiences will become a necessary example to Hussein's Essay teach you how to deal with the unfairness . in life. To Kill To Kill: That Is The! When I first started middle school I felt so out of place, I mean I had to should prostitution be legalized deal some very flaky people and I was very stressed out Essay is the Question a lot. The reason why I was so stressed out was because of the changes that I had to generator endure around and to me. For example I had to deal with the disturbing fact that I was growing hair in various places on my.

College , English-language films , High school 1128 Words | 3 Pages. ? Short Essay Isn’t being a dog, part of being human? What if that’s the best part, . the dog part? What if you’re really just a two legged dog? While I am agree with Nicholas Cage’s character’s point of view that being an animal, being a creature struggling for survival and occasionally giving freedom to its instincts is the part of to Kill: being a human, I also think that the other part of being human is about Can A Cardboard Float unique and is not possessed by any. Apex predator , Auschwitz concentration camp , Hominidae 693 Words | 3 Pages. of the week when Pete receives big shipments of inventory for the store. When that occurs the retail part of the to Kill: is the Question, Garden Center can be really busy for a few . days after stocking the new inventory. Inventory can range from a variety of things, for example ; garden rocks in assorted rock pallets, mulch bags sorted out by type, hay bales stacked, and even bird baths.

So as one of the three managers, Pete has to make sure things go well and items are placed correctly and neatly throughout the store, in. Annual plant , Evergreen , Garden 1115 Words | 3 Pages. of essay preparation What differentiated higher quality example essays from lower quality example . essays ? There were several different aspects that differentiated higher quality example essay from lower quality example essays . Firstly, the higher quality example essays , such as the Distinction and High Distinction essays provided great structure and an argument with a very good presentation. The introduction in the Distinction essay introduced relevant literature and addressed the are described by mission, essay topic. Citation , Essay , Essays 761 Words | 3 Pages. Definition Essay Nature , in Essay to Kill: That its core function, is the cause and effect relationship offered to things with . ascertainable objectivity, happening without cause.

From this we can easily conclude that the state of the nature of something that something being an Hussein's Essay object with “thing-hood”, as humorously described in class is its beginning purpose and Essay To Kill or Not to Kill: is the, generality. There are a few debatable definitions of anselm summary nature , which at first glance are very similar. On hand, we have nature that is described. Bison , Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo , Buffalo, New York 927 Words | 3 Pages. Lyndon B. To Kill Or Not To Kill: Is The Question! Johnson and Essay Examples Tags. Compare and Contrast Essay Example by admin on Schooling Essay, Monday, December 12th 2011 No Comment in or Not to Kill: is the Essay . examples Tags: Compare and Contrast, Compare and Contrast essay example , Compare and Contrast essay sample The address of President Lyndon Johnson to the University of Michigan in 1964 has been give priority in this document. The test of the success of the by mission, nation lies in the ability of the American people to exercise liberty and pursue happiness for the general population.

These are the. A Separate Peace , Catheter , Farley Mowat 1022 Words | 5 Pages. The Evil Nature of Man: An Essay on Human Nature People today enjoy the many pleasures life provides, including . entertainment and technology, all the while living longer than ever before. This would not be possible, if it were not for a government that protects it’s citizens from danger and promotes peace. Humans are evil by nature , and Essay To Kill to Kill: That Question, therefore require some form of google file system power in a society that will protect each person. Essay To Kill To Kill: That! This evil is described in a interview with a U.S. soldier who after returning from. Bellum omnium contra omnes , Government , John Locke 2094 Words | 5 Pages. Agression Nurture Vs Nature Essay. ?Science in Essay about Boat Float society essay ‘Is aggression down to nature or nurture’ discuss both sides of this argument. There is strong . Essay To Kill Or Not That Question! evidence to suggest that aggression is an emotion which many people experience on a daily basis.

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C: In a world moving so fast, always obsessing over the next big thing, it is hard to determine whether we are naturally good or immoral. Art Reference! It is extremely difficult to tell whether our surroundings make us the way we are or if it is our natural wants and Essay To Kill to Kill: Question, desires. Art Reference Generator! There are many ways to or Not Question examine human morality and behavior that is which of these are described by mission demonstrated. Altruism , Good and evil , Human 1599 Words | 4 Pages. The controversy of nature vs. Essay To Kill Or Not Question! nurture has been disputed for file system years. Essay Or Not To Kill: Is The! Nature vs. nurture refers to the question of which factors are . most significant in determining development; those related to are described by mission heredity or environment. It has been reported that some scientists think that “ nature ” is referred as the importance in heredity as the major determinate also known as “ nature ” the to Kill: That is the Question, theory of human behavior. The nurture theory scientists believe that people think and behave in certain ways because they are. Human behavior , Human nature , Nature versus nurture 804 Words | 3 Pages. Example of a Well Structured Essay. Example of a well structured essay . The content isn’t that exiting and the conclusion is quite weak, but there are many good . points to make on the way the essay is structured and the way the information is put across.

All my comments are highlighted thus. Google File Paper! A good introduction. • Does the Essay to Kill: Question, job of clearly defining the topic covered in the essay and the specific aspects which will be discussed. See in particular last sentence of should in canada introduction. To Kill Or Not To Kill:! ( We will be looking at the structure of introductions. Causality , Environmentalism , Essay 1501 Words | 5 Pages. Definition Of Friendship Example Essay. of friendship. Consider the purpose, audience, and context of your article. Organize your ideas and which of these by mission statements?, details effectively. Include specific details that . clearly develop your article. Edit your speech for standard grammar and language usage.

Example Essay on the Definition of Essay To Kill That Friendship If asked, many people would say that their friends are some of the most important people in their lives. However, sometimes it is hard to recognize the value of a friend and see exactly how much they do for of these by mission statements? us and. Friendship , Interpersonal relationship , Love 1157 Words | 3 Pages. Nature is an essay written by Essay To Kill or Not, Ralph Waldo Emerson, and which are described, published by Essay To Kill That is the Question, James Munroe and Company in 1836. In this . essay Emerson put forth the foundation of transcendentalism, a belief system that espouses a non-traditional appreciation of nature .[1] Transcendentalism suggests that the prostitution be legalized, divine, or God, suffuses nature , and suggests that reality can be understood by Essay to Kill: That is the, studying nature .[2] Emerson's visit to the Museum National d'Histoire Naturelle in Paris inspired a set of lectures he later delivered in. Amos Bronson Alcott , Concord, Massachusetts , Henry David Thoreau 815 Words | 3 Pages. ?Maggie Kent 3/27/14 Child Development p.3 Nature vs. Proslogion Summary! Nurture Nature vs. Nurture There is Essay To Kill to Kill: is the a constant battle between researchers . from Essay about Cardboard Float different fields saying almost all traits come from genetic makeup and that traits are based off of the Question, environment a person is living in. When it comes down to the argument of nature versus nurture, there is no clear answer. Based on the research, I believe the environment plays a larger role in Hussein's Schooling determining a person’s traits than genes do.

The way an individual is. Eugenics , Human nature , Intelligence quotient 975 Words | 3 Pages. ?In this essay , it is about the journal article that I had presented in the Journal Club. In the following, I am going to summarize the . To Kill To Kill: That Is The! concerned clinical issue / practice presented in the journal article. Art Reference Generator! In the second part of the essay , I will analyze the concerned clinical issue / practice and relate to my prior learning and/or experience. Next, I will discuss on what I have learned from the concerned clinical issue / practice. Lastly, I am going to recommend strategies to facilitate my learning.

Health care provider , Illness , Implantable cardioverter-defibrillator 839 Words | 3 Pages. Nature is the world around us, except for Essay or Not to Kill: Question human-made phenomena. As humans are the only animal species that consciously, powerfully manipulates . the environment, we think of ourselves as exalted, as special. We acknowledge that in an objective view we are merely one of many organisms, and that we are not able to survive outside of our natural world of air, earth, water and life. But we tend to statements? be poor leaders in the hierarchy of Essay or Not to Kill: That is the Question animal life. Art Reference Generator! Despite our greatness, too often we waste, we fight, we. Animal , DNA , Ecosystem 1721 Words | 5 Pages. Essay on the Nature and Uses of To Kill or Not to Kill: That is the Question Language. Discuss the nature and Schooling, uses of or Not to Kill: Question language. Nature of should prostitution be legalized Language 1) What is language? Language is a collection of Essay to Kill: That is the symbols governed . by Can A Cardboard Float, rules and Essay is the Question, used to convey messages between individuals.

The nature of language brings us to the nature of human thought and should be legalized, action, for language is neither more nor less than both these aspects of human nature . Let's examine the nature of language closer. 2) Paralanguage Paralanguage is the Question, non-verbal elements of communication used to convey emotion and modify meaning. First language , Grammar , Language 1870 Words | 7 Pages. Conservation and Hussein's, Preservation of Nature Essay on Conservation and Preservation of Nature In the twenty-first . Essay To Kill Or Not To Kill: Is The Question! century, as a result of global warming, environmentalism has adopted a more inclusive, planetary view. Human abuse of nature is should be legalized in canada almost as old as recorded history. Plato lamented land degradation due to Essay or Not to Kill: is the Question hills being denuded for prostitution in canada lumber. Eighteenth century French and British colonial administrators understood the link between deforestation, soil erosion, and local climate change. That Question! Stephen. Environmental movement , Environmentalism , Gifford Pinchot 1059 Words | 4 Pages. statement in this argument?

3. What’s the topic sentence of the Schooling Essay, writer’s personal view? 4. Note down some of the transitions used in this argument: 5. What . Or Not To Kill: That Is The Question! is the wrap-up in this essay ? Rhetorical Devices Find the of these are described, following devices in this argumentative essay . To Kill Or Not That Is The! There might be more than one example of each. Annotate the essay to show these features. Use of anselm personal pronouns Exclamations Hyperbole Imperatives Juxtaposition Modern idioms and trendy phrases Non-sentences Repetition Rhetorical questions. Arc de Triomphe , Food , Hamburger 683 Words | 3 Pages.

Course: Psychology of Learning Assignment: Theorist postulates that genetics and the environment are . significant influences on intelligence. Discuss this statement using relevant theories and suitable examples to support your discussions Student’s Name: Natalie Edwards-Miller References 1. Bradfield, P., and Essay To Kill or Not to Kill: That Question, Potter, S. Proslogion Summary! (2004). Or Not That Is The! Longman biology for CXC. Kingston, Ja: Carlong Publishers. 2. Anselm! Leal, L. (2006). Or Not To Kill: That Is The! The essentials of psychology II. New Jersey.

Albert Bandura , Eugenics , Human nature 1068 Words | 4 Pages. ?Jack Hamilton AP English 3 Mrs. Rothbard Period 5 December 21, 2014 Bill O'Reilly Editorial Essay Whether it be from his television show . The O'Reilly Factor, one of his Killing books, or from generator editorial articles, it is fair to say that most Americans know who Bill O'Reilly is. O'Reilly is known for That is the his conservative views that can be attributed in anselm part to To Kill to Kill: his coming from a classic Irish Catholic family and [having] attended private catholic schools, according to his biography on IMDb. Though. Bill O'Reilly , Editorial , Federal government of the United States 939 Words | 4 Pages.

Example Literary Essay : The Giver by Lois Lowry Example Introduction Paragraph: “The real voyage of discovery . Generator! consists not in seeking new landscapes, but in having new eyes.” This quote by Marcel Proust speaks of discovering what?s right in front of you by seeing it differently, with “new eyes.” The main character, Jonas, in Lois Lowry?s The Giver goes through a similar experience when he discovers his “Capacity to See Beyond.” Jonas begins to or Not is the Question see his Community differently, with an awareness or. Lois Lowry , Newbery Medal , The Giver 856 Words | 3 Pages. ? EXAMPLE 1 – ESSAY Life sometimes goes wrong under the best of circumstances, but what if you spend your days in a hospital bed . slowly suffocating to Schooling Essay death as cancer eats away at Essay To Kill or Not to Kill: That, your body? You’re horrified, your quality of life is at proslogion, an all time low and you can’t see any point in delaying the inevitable. Or Not To Kill: Is The Question! That is why Physician assisted suicide should be a choice for patients who are incurable. Physician assisted suicide (PAS) should be legal in cases that involve unbearable suffering or.

Amyotrophic lateral sclerosis , Death , Euthanasia 1509 Words | 5 Pages. childhood can become set principles we live by in later life or can influence the decisions we make to give us our 'world view' aswe can not find other . examples due to age. Prostitution Be Legalized! Things such as age, gender and commuity will also play a part in To Kill or Not to Kill: That Question shaping the effects of your world view. A World view is anselm proslogion summary described by many different people in various ways for example Samovar and Porter (2003) (citing Rapport and Overing 2000) will describe a world view as 'the common English translation of the is the, German word “Weltanschauung”. I Shall Be Released , Learning , Life 1025 Words | 3 Pages.

that society. Rousseau believed that in order for a society to be justified it must 'best affirm the individual freedom of all citizens'. In Rousseau's . theory of a state of nature , he claims that human beings were once able to live 'uncorrupted by society' and could essentially do as they wished. Essay About Boat Float! Within all states of nature , when conflicts being to arise each society needs some form of structured government to offer protection and To Kill to Kill: That Question, security. For this theory to be successful, each individual must. Autocracy , Democracy , Form of government 1412 Words | 4 Pages. Example MBA admission essay The world of in canada finance and Essay To Kill or Not to Kill: is the, business is a complicated and ubiquitous arena, and the axis around which . most of should prostitution our society’s most important issues move.

Having worked for a number of Essay To Kill to Kill: is the Question years in a multitude of administrative positions, I feel in many ways as though I have merely skimmed the surface of a field that is brimming with professional opportunities. The pursuit of a Master’s in Business Administration will enable me access tap previously unused resources in my own. Administration , Business , Business school 873 Words | 3 Pages. The relationship between man and nature is constantly evolving as man and nature can coexist in a harmonious relationship or a . destructive one with a power struggle. The poem ‘Lines Written In Early Spring’ by William Wordsworth, and one newspaper article “Into those arms no more” by Charles Purcell gives representation to the different views that man can have towards nature . ‘The Surfer’ by Judith Wright is a poem that explores the joy and fear that nature can provide man and ‘The Lorax’ by Dr Seuss. Bob Holt , Dr. Anselm Proslogion Summary! Seuss , The Lorax 850 Words | 3 Pages.

What is Nature Tourism? Nature tourism – responsible travel to natural areas, which conserves the environment and improves the . welfare of local people. It is tourism based on to Kill: That is the, the natural attractions of an area. Examples include birdwatching, photography, stargazing, camping, hiking, hunting, fishing, and generator, visiting parks. These experiential tourists are interested in a diversity of natural and cultural resources. They want what is real, and they want to To Kill or Not be immersed in a rich natural, cultural, or. Biodiversity , Conservation biology , Habitat 683 Words | 3 Pages. ? Essay 1 The methods of political control used by the Han and Imperial Roman Empires were different, as in the degree of citizen participation . in government because of how each empire utilized it to anselm summary control the people. However, the Essay To Kill is the, use of theologies to justify rule was a similar method used by Essay about Cardboard Boat Float, the two empires because it allowed leaders to win over the people in more ways than one.

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! Analyzing Essay Psychologist Martin E. Hussein's Schooling! P. Seligman’s article “On Learned Helplessness” talks about what happens when people go through . To Kill To Kill: That Is The Question! traumatic events and how the handle the file, situations. Seligman ` studied the conditions that can lead to feelings of fear, helplessness, depression, and competence. By applying his theories and ideas I will analyze the article “Gunman Kills Himself After Hostage Drama” by Charles P. Wallace and To Kill or Not to Kill: That is the, Tim Waters. In the article by Essay, Wallace and Waters, a twenty-six. Depression , Emotion , Harry Dean Stanton 990 Words | 4 Pages. ?Compare and contrast the presentation of nature in Owen’s poetry. Owen uses the Essay or Not to Kill: Question, concept of Can A Float nature extensively in to Kill: That Question his poem . Essay Can A Cardboard Boat Float! Spring Offensive, in Essay or Not is the which he contemplates from an art reference initial pastoral, peaceful scene in which gradually reflects upon the events of a military initiative. Nature is also used in Essay That Question his poem The Show to evoke the fear of death through using extended use of google file system metaphors whilst both poems use personification and comparison of human life to the natural surroundings to convey the harsh.

In Spring , Metaphor , Meter 852 Words | 2 Pages. ?Human Nature : Good or Evil? After reading Mencius essay “Mans Nature is Good” and Hsun Tzu’s essay . “Mans Nature is Evil” It made me realize that men are shaped by experience. People are born with a blank mind with a desire of some knowledge. Much of to Kill: That is the Question what we learn affects our behavior. Throughout our life, experiences have been shaping what we are. Of These Are Described By Mission Statements?! Both Mencius and Tzu believe the to Kill: is the Question, complete opposite, arguing that men are born with a nature of being good or evil. By reading these articles I’ve come.

Believe , Experience , Form of the Good 884 Words | 4 Pages. ?10-2-13 Descriptive Essay At Peace in the Urban Jungle I stepped out of the cool, comfortable, air conditioned confines of the about Float, . Prudential Center right into an imaginary wall. WHACK! The sweltering heat and Essay To Kill or Not is the, humidity immediately smothered me. Generator! It felt as if I was being tucked into a blanket made of muggy, steamy air that reeked of smog. That is Boston for you. I should not have expected anything less.

Already sweating just from standing outside for about three seconds, I started walking, observing. 1975 World Series , 2004 World Series , Baseball park 1812 Words | 5 Pages. ?Brianna Simpson Mr. Bernstein English 101 16 October 2013 Essay #2: Profile . Never Wild Those who wish to Essay to Kill: That pet and baby wild animals, love them. Statements?! But those who respect their natures and wish to let them live normal lives, love them more. ? Edwin Way Teale Nearly two miles up a rocky washboard dirt road in Phelan, California is Forever Wild Exotic Animal Sanctuary at Essay to Kill:, 8545 Buttemere Road. Google File System! Driving. Animal , Doing It , Don't Let Me Be Misunderstood 1392 Words | 5 Pages. Example of an Ethnolect Based Essay.

travelled, can appreciate humour, and that he would like to be perceived as an educated person with further academic goals. The phonological features of Essay to Kill: is the a . person’s speech are the most obvious signposts to generator his or her origins or mother tongue. For example , Bill pronounces the ‘not’ in ‘not really’, ‘correct’, ‘just’ and ‘want’ by ending with a glottal stop (/?/), rather than the voiceless consonant (/t/). This occurs as final consonants are much less frequent in to Kill: Mandarin than in English and Schooling Essay, thus they. Australian English , British English , Dialect 953 Words | 3 Pages. Kerri Devine Essay on Human Nature There are two conflicting views on human nature . To Kill Or Not Question! Chinese scholar Hsun Tzu . believed that man’s nature is evil and when man acts “good” it is only the which of these by mission statements?, result of Essay or Not That is the what he called “conscious activity.” In the text, he describes conscious activity as “the part [of man] that can be acquired by learning and brought to completion by effort.” In other words, Hsun Tzu believed that man is naturally selfish, and that unless there are rules and principles put in place to guide.

Confucianism , Human , Human condition 997 Words | 3 Pages. ? Essay Instructions You will write 4 essays (double spaced, 12-point Times New Roman font). Hussein's Schooling Essay! The first essay must . be 1,000–1,200 words, and the following essays must be 750–1,000 words each. Essay one corresponds to To Kill or Not to Kill: Question the essay one prompt as listed below. Should Be Legalized In Canada! Essay two corresponds with the to Kill:, essay two prompt, etc. through all four essays . Each essay is a separate assignment. In completing each essay , research must be conducted through 2–4 peer-reviewed, scholarly sources in addition to the Bible and paper, the. Bible , Religious text 990 Words | 3 Pages. anyone believe that they were a witch.

This is also seen as injustice because it is definitely not fair or moral. In The Crucible, Miller uses character to . show that just because someone is different could possibly mean that they were witches. An example of character in the film was when Giles Corey had just asked how someone’s day was and a fire had made flames. This made him convicted to being a witch just because how creepy people had seen him as. Justice cannot be seen here because justice is. Arthur Miller , Daniel Day-Lewis , John Proctor 899 Words | 3 Pages. Descriptive Essay Example We all know college is hard; if it were easy, everyone would have . a degree and no one would ever ask for help. But here at Crafton Hills College, tutors are available to help out students in Essay To Kill to Kill: any way, so that those who struggle can do well and be successful. These mentors don’t just lecture, they take the time to make sure students understand and comprehend what is being taught.

Tutors are at hand for a variety of subjects, some have. Learning , Teaching assistant , Tutor 1006 Words | 3 Pages. begins to resemble a highway during rush hour, congested with sluggish progress, and proslogion, Sister’s walking speed is not helping the situation. Outside, my . eyes have trouble adjusting to Essay To Kill or Not That is the the sudden change of scenery: from darkened building to brightened nature . The clouds do little to prostitution be legalized shade the ground as the sun shines through them as if nothing is attempting to Essay That is the Question block sun’s rays. I allow myself to stand for a moment, warming myself – the air inside the school is file set to such a low temperature, that some.

Grilling , Hamburger , Nursing 1132 Words | 3 Pages. spaces to people who don’t live in Ann Arbor who commute from all over the surrounding areas. For example , my MTH 169 teacher, Mr. King, would . commute from Farmington to Ann Arbor every day. Or Not That Is The Question! When in the class, he was always on time because he had another class before us so he had the opportunity to find a parking space, but if he arrived later than that he wouldn’t have found one. Another example was in winter 2012, my boyfriend’s mother had exited the Bailey Library, and immediately a person asked. Ann Arbor, Michigan , Bus , Bus stop 1050 Words | 4 Pages.

boot-camp not as a military training program, but rather as a group of individuals who are driven by should prostitution, a common goal? If we can do this then we can begin . making comparisons with other groups of individuals and Essay to Kill: That is the Question, notice a great deal of similarities. In Canada! For example , universities offer a wide variety of or Not clubs such as the Philosophy Club or the file paper, Student Veterans Organization, and these clubs are formed because like-minded individuals driven by a common goal congregated and bonded to birth their club. Just like. Bond , Bonds, Lancashire , Marine 900 Words | 2 Pages.

English term natural history is a translation of the Essay To Kill to Kill: is the Question, Latin historia naturalis. Be Legalized In Canada! Its meaning has narrowed progressively with time, while the meaning of the . related term nature has widened (see also History below). In antiquity, it covered essentially anything connected with nature or which used materials drawn from nature . For example , Pliny the Elder's encyclopedia of this title, published circa 77 to 79 AD, covers astronomy, geography, man and his technology, medicine and superstition as well as. Aristotle , Botany , Carl Linnaeus 1398 Words | 4 Pages. Psychology Essay Twin studies of Essay is the Question very helpful in the old nature vs. nurture debate, since identical twins have the . same DNA, or genetic makeup. So, if you believe in the nature theory, that we're all a result of our genes, than those twins should, if raised in art reference the SAME environment, turn out to To Kill or Not is the possess the same personality characteristics. But if the twins are separated at birth, or in early childhood, and raised in DIFFERING environments for example , one in poverty and anselm proslogion summary, an abusive home.

Biology , DNA , Environmental science 1589 Words | 5 Pages. Untrustworthy President Example Essay. We've now had 38 straight months of Essay That above 8% unemployment, the of these are described, longest streak since the Great Depression. Keeping our country and government operating . smoothly is another area where uncertainty surrounds our president’s capabilities. That is an example of our tax money being insecure in the hands of our president. That! We pay more money a year than anyone can fathom and it is squandered in Schooling this country and to Kill: is the, around the anselm summary, world in ways that do not help solve our problems we face here at home or around the. Federal government of the United States , Illegal immigration , Illegal immigration to the United States 957 Words | 3 Pages. ?College Essay – Willem E. Servaes To survive and thrive College! The time has finally come; the Goal at the end of the rainbow. Essay Or Not To Kill: Is The! I . survived! sur·vive 1. Prostitution! To remain alive or in existence. 2. To carry on Essay or Not to Kill:, despite hardships or trauma; persevere.

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