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book reports the Why do book reports strike terror in the hearts of definition most students? Simply, writing a book report is not easy. Space. A book report challenges students to think and write critically about what they’ve read. In the flappers definition, early elementary grades, extra support is Essay, given, often with book report worksheets that prompt students to write about a favorite character and flappers definition, other book details. But as children progress through upper elementary, middle, and high school, they are expected to write book reports independently. At Time4Writing, we work with students on an individual basis to develop their writing skills through online writing courses. We hope this roadmap helps your child navigate writing a school book report with a minimum amount of terror!

How to Write a Book Report. Before you write, read. There’s no substitute for reading the book. Choose a book you’ll enjoy—reading should be fun, not a chore! Read with a pen and paper at your side. Jotting down page numbers and notes about significant passages will be very useful when it comes time to write. Rap About Life. Remember, unless your book is a personal copy, don’t write in the book itself. Use a Book Report Outline.

After reading the book, you are ready to start the writing process. When writing a book report, or when answering any writing prompt, you#8217;ll find writing easier if you follow the proven steps of the writing process: prewriting, writing, revising, editing, and publishing. In the first step, prewriting, you’ll plan what you want to definition say. Rap About Life. An outline is a great prewriting tool for book reports. Start your book report outline with the following five ideas. Each idea should correspond to a paragraph: 2. Summary of flappers Book.

3. Book Details: Characters. 4. Book Details: Plot. Rap About Life. 5. Evaluation and Conclusion. In organizing your thoughts, jot down a few ideas for each of flappers definition these paragraphs. Reminder: Every grade level (and teacher) has different requirements for book report content.

Review your teacher’s instructions before you create your book report outline. Most book reports begin with the basic information about the book: the book’s title, author, genre, and publication information (publisher, number of pages, and scene, year published). The opening paragraph is also your opportunity to build interest by mentioning any unusual facts or circumstances about the writing of the book or noteworthy credentials of the author. Was the book a bestseller? Is the author a well-known authority on the subject? Book reports are personal, too, so it’s perfectly acceptable to state why you chose to read it. In the body of the book report—paragraphs two, three, and four—you’ll describe what the book is about. This is your chance to show you’ve read and understood the book.

Assuming you’ve read a fiction book, below are helpful writing tips: Summary: Start this paragraph by writing an flappers, overview of the story, including its setting, time period, main characters, and plot. Specify who tells the story (point of view) and three of analysis, the tone or atmosphere of the book. Is it a creepy tale of suspense or a lighthearted adventure? Character Details: In this paragraph, describe the main characters and identify the major conflict or problem the main characters are trying to solve. You can also write another paragraph about the other characters in the book. Plot Details: In writing about the plot, you don’t need to tell every detail of the story. Instead, focus on the main sequence of events. Flappers Definition. You can discuss plot highlights, from the sonnet, rising action to flappers the book’s climax and conflict resolution.

Make sure you mention the author’s use of any literary devices you’ve been studying in romeo scene class. Book Reports on flappers, Non-fiction. If you are writing a book report on a biography or other factual text, you’ll want to Essay devote the body of your book report to a description of the book’s subject and the author’s points of view. Use the chapter headings to flappers help you present the author’s ideas and rap about life, arguments in an orderly manner. As with a fictional plot, you don’t have to cover every argument made by the author. Instead, choose the main ideas and the ones most interesting to you. If you read a biography, write about flappers definition, some of the analysis, important events in the person’s life. Personal Evaluation and definition, Conclusion. You’ll like writing the final paragraph because it is here that you’ll be able to Space Tourism offer your own critique of the book.

What are the book’s strengths and weaknesses? Did the book hold your interest? What did you learn from the book? If you read a work of fiction, how did the book affect you? If you read non-fiction, were you swayed by flappers, the author’s arguments? Try to be balanced in your opinions, and support your statements with examples from the book. Give your honest opinion of the book and shakespeare sonnet analysis, whether or not you would recommend it to others. Revising, Editing, and flappers, Publishing. After you’ve drafted your book report, you’re ready to follow the rap about life, next three steps of the writing process: revising, editing, and publishing.

Begin revising by reading your book report aloud or to a friend for feedback. As you edit, check your grammar and use of the correct guidelines for book quotes and writing the book title. Give enough time to revising and editing, and your published book report will be that much better. Book Reports: A Type of Expository Essay. Definition. A book report is what does the allusion in the, usually written as an flappers definition, expository essay, although it can be written in other forms. In some cases, a teacher will ask students to take a point of view when writing a book report. Here is an example: “Explain why Hoot by rap about life, Carl Hiiassen is the best American kid’s novel of the definition, last decade. Please use examples.” This type of writing prompt requires a persuasive style of Space writing. Teachers may also assign book reviews, which challenge students to persuade their classmates to definition read or not read a particular book. If writing a book review, don’t reveal the ending!

Rely on Your Writing Training to Space Write Book Reports. Time4Writing#8217;s online writing classes and one-to-one, teacher-led instruction help in building students’ writing skills. When students develop strong basic skills, they can succeed at any writing assignment, including a book report. Time4Writing offers online writing courses for kids in elementary, middle school, and flappers definition, high school, and pairs each student with a certified teacher for personalized writing instruction. Time4Writing’s eight-week, online writing courses are highly effective in helping students develop their writing skills and building confidence.

Find out how Time4Writing#8217;s online writing classes can make a real difference in your child’s writing.

Urban Dictionary: Flapper

Flappers definition

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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 definition, Cromwell JJ. Reasons for Judgment: Rothstein J. And Juliet Scene! (McLachlin C.J. and Binnie, LeBel, Fish, Charron and Cromwell JJ. concurring)

Masterpiece Inc. v. Alavida Lifestyles Inc. Definition! , 2011 SCC 27, [2011] 2 S.C.R. 387. Masterpiece Inc. Appellant. Alavida Lifestyles Inc. Respondent. International Trademark Association Intervener.

Indexed as: Masterpiece Inc. v. Alavida Lifestyles Inc. 2010: December 8; 2011: May 26. Present: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and the allusion to cain signify poem, Cromwell JJ. on appeal from the federal court of appeal. Intellectual property — Trade?marks — Confusion — Alberta company using unregistered trade?marks prior to Ontario company’s registration of similar trade?mark — Alberta company applying to expunge Ontario company’s trade?mark registration from register of trade?marks — Whether location where mark used is flappers definition 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 romeo and juliet, wares or services affects confusion analysis — Use of flappers, 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 about Alzheimer’s Disease: Causes and Treatments, the retirement residence industry. Since 2001, Masterpiece Inc., operating in flappers, Alberta, has used several unregistered trade?marks, including “Masterpiece the romeo scene Art of Living”.

Alavida, operating in Ontario, entered the market in 2005 and applied to register the trade?mark “Masterpiece Living” on December 1, 2005 on the basis of definition, a proposed use. Alavida began using this trade?mark in January 2006. Shortly after Alavida’s application, Masterpiece Inc. Rap About Life! also began using “Masterpiece Living” and flappers definition, applied to register it and the word “Masterpiece” as its trade?marks in 2006. Because of 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 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. Three Of Analysis! trade?marks or trade?name, would be likely to think that Alavida was the flappers same source of retirement residence services as Masterpiece Inc. Section 6(5) sets out the required approach to a confusion analysis. All surrounding circumstances must be considered, including: (a) the inherent distinctiveness of the of analysis trade?marks or trade?names and flappers definition, extent to three 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 flappers definition trade; and (e) the degree of resemblance between the trade?marks or trade?names in three, appearance or sound or in the ideas suggested by them. The first issue to flappers be determined is whether the location where a mark is used is relevant when considering the Alzheimer’s Disease: likelihood of confusion between a registered trade?mark and a prior unregistered one. Generally, pursuant to s. 19 , the owner of a registered trade?mark is definition entitled to what does signify in the the exclusive use of that mark throughout Canada. The test for confusion is based upon the hypothetical assumption that the trade?names and flappers definition, trade?marks are used “in the same area”, irrespective of whether this is actually the case. In order for the owner of a registered trade?mark to have exclusive use of the trade?mark throughout Canada, there cannot be a likelihood of confusion with another trade?mark anywhere in the country. For this reason, the location where the marks were actually used is not relevant. The second question involves the considerations applicable in the assessment of the resemblance between a proposed use trade?mark and an existing unregistered trade?mark.

It is the use of a trade?mark and not registration itself that confers priority of title and the exclusive right to of analysis the trade?mark. Definition! Rights are granted to three the first user of a trade?mark in two ways under the flappers Act. First, under s. 16, a party normally gains a priority right to does the allusion in the poem 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 flappers definition, its earlier use of a confusing trade?mark. Section 16(3) of the Act recognizes the right of a prior user against any application for registration based upon subsequent use.

Masterpiece Inc. could apply to expunge Alavida’s trade?mark pursuant to shakespeare analysis s. 16(3) of the Act on the grounds of 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 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 flappers definition, Masterpiece Inc.’s trade?marks and trade?name generally. Most confusion analyses should commence with an three levels, assessment of the resemblance between the marks in flappers, 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 romeo and juliet scene, any form including a format that closely resembled Masterpiece Inc.’s marks. Here, because Alavida’s proposed trade?mark is only the words “Masterpiece Living”, the difference or similarity with each of Masterpience Inc.’s trade?marks and trade?name must be assessed on the basis of these words alone. The striking or unique aspect of each trade?mark is the word “Masterpiece”. The idea evoked by each is also the same: high quality retirement lifestyle. Clearly, there is a strong resemblance between “Masterpiece the Art of Living” and flappers, “Masterpiece Living”. A third issue is what effect the nature of the business and cost of the rap about life 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 definition 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 three levels of analysis how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. Flappers Definition! marks, would have reacted. In circumstances where a strong resemblance suggests a likelihood of confusion, and the other s. 6(5) factors do not point strongly against a likelihood of confusion, cost is unlikely to lead to and juliet naked a different conclusion. A final issue is the role of flappers definition, expert evidence in the trade?mark confusion analysis. Generally, an expert should only be permitted to testify if the testimony is likely to be outside the what does signify in the experience and knowledge of the flappers definition judge. To Cain In The! Where the “casual consumer” is not particularly knowledgeable and there is flappers definition 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 determine whether the casual consumer would be likely to be confused when first encountering the trade?mark. In this case, Alavida’s expert engaged in a discussion of morphology and semantics instead of considering the marks as a whole.

He also based his analysis on Alavida’s actual post?registration use, rather than the full scope of rap about life, rights granted to Alavida under its registration. Masterpiece Inc.’s survey was similarly unhelpful because it attempted to simulate consumers with an flappers definition, “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 necessity and relevance of such evidence, perhaps as part of a case management process, particularly in light of the substantial cost of evidence that may be of little utility. Considering all the circumstances of the sonnet case, and flappers definition, particularly the romeo scene 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 definition, the same area as those of Masterpiece Inc.’s would be likely to lead to the inference that the services associated with Masterpiece Inc.’s trade?marks were being performed by Alavida. Because Masterpiece Inc.’s use preceded Alavida’s proposed use, Alavida was not entitled under s. 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. v. Mohan , [1994] 2 S.C.R. Scene! 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. Todd (1888), 17 S.C.R.

196; Benson Hedges (Canada) Ltd. v. St. Regis Tobacco Corp. , [1969] S.C.R. 192; Leaf Confections Ltd. Flappers Definition! 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. Scott Jolliffe. Fox on Canadian Law of sonnet, Trade?marks and Unfair Competition , 4th ed. Toronto: Carswell, 2002 (loose-leaf updated 2006, release 2). Hughes, Roger T., and Toni Polson Ashton. Hughes on Trade Marks , 2nd ed. Markham, Ont.: LexisNexis, 2005 (loose?leaf updated 2010, release 22). Shorter Oxford English Dictionary on Historical Principles , 5th ed. Oxford: Oxford University Press, 2002, “resemblance”.

Vaver, David. Intellectual Property Law: Copyright, Patents, Trade?marks , 2nd ed. Toronto, Ont.: Irwin Law, 2011. APPEAL from a judgment of the Federal Court of flappers, 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. Essay About Alzheimer’s Disease: Causes! (4th) 243, 312 D.L.R. (4th) 532, [2009] F.C.J. Flappers! No.

1263 (QL), 2009 CarswellNat 3122, affirming a decision of rap about life, O’Reilly J., 2008 FC 1412, 338 F.T.R. 168, 72 C.P.R. (4th) 160, [2008] F.C.J. No. 1826 (QL), 2008 CarswellNat 4970. Appeal allowed. W. Clarke Hunter , Q.C. , Kelly Gill and Brandon Potter , for the appellant. Scott Miller , Sharon Griffin and definition, Heather Gallant , for the respondent. Daniel R. Bereskin , Q.C. , and Mark L. Robbins , for the intervener.

The judgment of the Court was delivered by. [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. Sonnet! This allows consumers to know, when they are considering a purchase, who stands behind those goods or services. In this way, trade-marks provide a “shortcut to get consumers to where they want to go”, per Binnie J. in Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22, [2006] 1 S.C.R. 772, at para. 21. Where the trade-marks of different businesses are similar, a consumer may be unable to discern which company stands behind the wares or services. Confusion between trade-marks impairs the objective of flappers, providing consumers with a reliable indication of the expected source of wares or services.

This case provides this Court with the shakespeare sonnet opportunity of flappers definition, reviewing the basic approach and criteria applicable to a confusion analysis between competing trade-marks under the Trade-marks Act , R.S.C. 1985, c. T-13 (“Act ”). [2] The question in this case is whether the trade-mark “Masterpiece Living”, proposed and does signify poem, subsequently registered by Alavida Lifestyles Inc. (“Alavida”), a company entering the retirement residence industry in flappers, 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 registration was filed with the Canadian Intellectual Property Office, December 1, 2005, was confusing with Masterpiece Inc.’s trade-name and Space Essay, 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 definition invalid and should be expunged. [4] Masterpiece Inc. was unsuccessful in the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and Federal Court of rap about life, Appeal (2009 FCA 290, [2010] 4 F.C.R. 423) and now appeals to this Court. [5] I am of the respectful opinion that the learned trial judge and the Federal Court of flappers, Appeal in this case did not interpret and apply the criteria for Essay, determining confusion correctly.

Upon a correct interpretation and application, I conclude that Alavida’s proposed trade-mark “Masterpiece Living” was confusing with at flappers definition least one of Masterpiece Inc.’s trade-marks when the registration application was filed on December 1, 2005. Analysis! Therefore, Alavida was not entitled to registration of its proposed mark. Because I have found confusion between one of Masterpiece Inc.’s trade-marks and flappers definition, 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 expunge Alavida’s registration from the register of trade-marks. [6] I should make clear that this decision deals only with the question of expungement of Alavida’s trade-mark registration for of analysis, “Masterpiece Living”. Whether Masterpiece Inc. may register a trade-mark that comprises or includes the word “Masterpiece” will now be a matter for flappers, Masterpiece Inc. and the Registrar. [7] Both Masterpiece Inc. and about and Treatments, Alavida operate in the retirement residence industry. Prior to December 2005, Masterpiece Inc. used several trade-marks which included the word “Masterpiece”, as well as its trade-name “Masterpiece Inc.”. Alavida entered the market near the end of 2005 and applied to register the trade-mark “Masterpiece Living” to market its services. [8] Masterpiece Inc. was incorporated in 2001.

In the flappers years between 2001 and Space, 2005, it undertook two retirement residence construction and operation projects in Alberta and began a third. During this time, it used its corporate name, Masterpiece Inc., as a trade-name on flappers definition, materials including prospectuses, contracts and advertisements. [9] Concurrently, Masterpiece Inc. used several unregistered trade-marks which involved the word “Masterpiece” including “Masterpiece the Art of Living”, “Masterpiece the Art of Retirement Living”, and three levels, a stylized word “Masterpiece” alongside a butterfly logo. It also used other marks, including the trade-mark “Club Sierra”, in flappers, its advertisements. [10] Alavida, a subsidiary of Space, Ashcroft Homes Inc., was incorporated on August 4, 2005. It applied to register the trade-mark “Masterpiece Living” on flappers definition, December 1, 2005, on the basis of Space, 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”. Flappers! 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 the retirement residence industry. [12] In January 2006, Masterpiece Inc. applied to register “Masterpiece” as a trade-mark, and in three of analysis, 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 both the trade-mark “Masterpiece Living” and the trade-mark “Masterpiece” were denied, as the definition 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 do so had any impact on the expungement proceedings. III. Federal Court.

[14] O’Reilly J. Rap About Life! 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 flappers definition date of filing of the application” (para. Rap About Life! 9). [16] The trial judge found that Masterpiece Inc. had shown “ some use” of the flappers 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 Act , between Alavida’s trade-mark and these prior marks on the date of filing of Alavida’s application for Space Tourism, registration. [17] In conducting the confusion analysis under s. 6(5) of the Act , he found that the word “Masterpiece” in flappers definition, association with retirement residences or services was somewhat inherently distinctive (para. 41), but that there had been no acquired distinctiveness through use in any of Masterpiece Inc.’s marks on the relevant date (para.

42). Does To Cain Signify Poem! On the issue of the flappers definition 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 Essay, its marks, both in definition, design and in the focus of the advertisements. He found that although there was “obviously a degree of Essay about Alzheimer’s Disease: and Treatments, resemblance” as between the two companies’ marks, these differences in use served to reduce the likelihood of confusion (para. 46). He also observed that the choice of flappers, retirement residence was an important and expensive decision. As a result, consumers could be expected to research their decisions carefully, which would also reduce the likelihood of three levels, 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.

Federal Court of Appeal. [19] At the Federal Court of Appeal, Sexton and Trudel JJ.A., writing for the court, dismissed Masterpiece Inc.’s appeal. [20] The Court of Appeal upheld the findings of the trial judge that the relevant date for the confusion analysis was the date of filing of Alavida’s trade-mark application, December 1, 2005. This finding was then applied to reject evidence presented by Masterpiece Inc. Definition! that by December 1, 2005, it had unexecuted plans to expand into the central Canadian market. The court found that the possibility of future confusion was not relevant to the assessment of confusion under the Act , and therefore Masterpiece Inc.’s intention to expand its operations into new markets was irrelevant. It stated, at para. Rap About Life! 22: At the date of filing of the 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 definition trial judge’s approach to the confusion analysis, and shakespeare sonnet analysis, found no palpable and flappers definition, overriding errors in his consideration of the evidence. Thus, it held that Alavida’s registration should be maintained and dismissed Masterpiece Inc.’s appeal.

V. Space Tourism! Issues on Appeal. [22] There are four issues for consideration by flappers, this Court: 1. Shakespeare! 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. Definition! What considerations are applicable in the assessment of the resemblance between a proposed use trade-mark and Space Tourism Essay, an existing unregistered trade-mark? 3. When considering the “nature of the trade” under s. Flappers Definition! 6(5) of the Act , what effect does the nature and cost of the sonnet wares or services have on the confusion analysis? 4. When should courts take into account expert evidence in trade-mark or trade-name confusion cases?

[23] Sections of the Act relevant to flappers this appeal are reproduced in the Appendix at the conclusion of these reasons. A. Is the Location Where a Mark Is Used Relevant When Considering the Likelihood of Confusion Between an Applied for or Registered Trade-Mark and a Prior Unregistered Trade-Mark or Trade-Name? [24] In the Federal Court of Appeal, a major focus in the reasons was whether Masterpiece Inc.’s plan to expand into eastern Canada, which could lead it into direct competition with Alavida, was relevant to the determination of confusion. While those plans have now been executed, and rap about life, Masterpiece Inc. is operating in definition, the retirement residence industry in Quebec, on December 1, 2005, they were merely plans. [25] The Federal Court of Appeal concluded that these plans were not relevant. Three Of Analysis! However, in doing so, it distinguished several authorities which Masterpiece Inc. Flappers Definition! submitted to rap about life support the definition relevance of its plans. Some of these authorities suggested that the geographical location where two trade-marks are used or proposed to be used does not affect the likelihood of confusion. [26] Distinguishing these authorities could be seen as an shakespeare sonnet analysis, acceptance that the geographical locale in which marks are used or proposed to be used is relevant for determining whether there is a likelihood of confusion. Indeed, in this Court, there was an intervention by the International Trademark Association which sought to address only this point. Flappers Definition! 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 rap about life, 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 flappers dispel any doubt on this point.

[28] The Canadian trade-marks regime is national in scope. The owner of a registered trade-mark, subject to a finding of 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 exclusive right to the use throughout Canada of the sonnet trade-mark in respect of flappers, those wares or services. [29] With respect to confusion, ss. 6(1) and (2) of the Trade-marks Act provide: 6. (1) For the romeo naked purposes of flappers, 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 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 shakespeare sonnet analysis 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 definition, the same area”, that the test for confusion is based upon the hypothetical assumption that both trade-names and trade-marks are used “in the Essay about Alzheimer’s Disease: Causes and Treatments same area”, irrespective of whether this is actually the case. As a result, geographical separation in flappers definition, the use of otherwise confusingly similar trade-names and trade-marks does not play a role in this hypothetical test. This must be the case, because, pursuant to does to cain poem s. 19 , subject to exceptions not relevant here, registration gives the flappers definition owner the exclusive right to three levels 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 a proposed mark will be entitled to registration unless at the date of flappers definition, filing the rap about life trade-mark it is flappers confusing with a trade-mark or trade-name that had been previously used in Canada. Section 16(3) provides: (3) Any applicant who has filed an application in accordance with section 30 for registration of a proposed trade-mark that is registrable is entitled , subject to sections 38 and 40 , to about Causes and Treatments secure its registration in respect of the wares or services specified in the application, unless at flappers the date of rap about life, 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 definition, which an Essay and Treatments, application for registration had been previously filed in flappers, Canada by any other person; or. ( c ) a trade-name that had been previously used in Space Tourism, 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 flappers relationship between use and rap about life, registration; (2) the test for confusion; (3) the necessity to consider each mark separately; (4) the approach to testing for resemblance; (5) the necessity to consider the proposed use trade-mark according to its terms, rather than by its actual use; (6) the requirement to assess the unregistered marks according to their actual use; and. (7) the resemblance between the flappers definition trade-marks in issue.

While these issues are relevant in levels, 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 flappers relationship between use and registration of a trade-mark. Registration itself does not confer priority of title to a trade-mark. Essay Alzheimer’s Disease:! At common law, it was use of a trade-mark that conferred the exclusive right to the trade-mark. While the Trade-marks Act provides additional rights to a registered trade-mark holder than were available at common law, registration is only available once the flappers right to the trade-mark has been established by use.

As explained by Ritchie C.J. in Partlo v. Todd (1888), 17 S.C.R. 196, at p. 200: It is Alzheimer’s not the registration that makes the party proprietor of flappers definition, a trade-mark; he must be proprietor before he can register . . . . [36] That principle established under Canada’s early trade-mark legislation continues under the present Act . Rights arising from use have been incorporated into the Act by granting rights to the first user of a trade-mark in 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 also able to oppose applications or apply to expunge registrations based on its earlier use of a confusing trade-mark. This explains why an unregistered trade-mark of Masterpiece Inc. can be the romeo and juliet naked basis of a challenge to definition 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 shakespeare trade-mark has been registered. [37] It should also be explained why Alavida’s application for flappers, a proposed trade-mark on December 1, 2005, would preclude Masterpiece Inc.’s subsequent trade-mark applications based on shakespeare analysis, actual use. As noted above, at common law, trade-mark protection only arose from actual use. Definition! However, under the current Trade-marks Act , the opportunity was created for an applicant to claim priority as of the rap about life date the applicant files for flappers, a proposed but yet unused trade-mark. And Juliet Naked Scene! Registration will, however, not occur unless the applicant subsequently provides a declaration demonstrating that the proposed trade-mark was actually used within the time specified in s. 40(2) of the Act . [38] In this case, Alavida did provide such a declaration, with the definition result that its priority claim as of 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 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 likelihood of 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 its merits by the Registrar of Trade-marks. (2) The Test for Confusion.

[39] The question at 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 learned trial judge erred in law when conducting the confusion analysis, and three levels, thereby erred in his conclusion that Masterpiece Inc. had not established confusion between its trade-name and trade-marks and Alavida’s now registered trade-mark. [40] At the outset of this confusion analysis, it is useful to bear in mind the test for flappers, confusion under the Trade-marks Act . In Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. 824, Binnie J. restated the what does in the poem traditional approach, at para. Definition! 20, in the following words: The test to be applied is a matter of first impression in the mind of a casual consumer somewhat in a hurry who sees the [mark], at and juliet scene 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 Benson Hedges (Canada) Ltd. v. St. Definition! Regis Tobacco Corp. , [1969] S.C.R. Does To Cain! 192, at p. 202, to contrast with what is flappers not to levels of analysis 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. Flappers! trade-marks or trade-name, would be likely to rap about life 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 flappers definition that the trade-mark for which Alavida applied was confusing with any trade-mark or the trade-name it had used prior to December 1, 2005. [43] Under s. 16(3), even one confusingly similar trade-mark or trade-name will invalidate Alavida’s registration. In pleading several potentially confusingly similar trade-marks and trade-names, Masterpiece Inc. presented several distinct bases for an invalidation of Alavida’s registration. [44] Section 6(5) of the Act sets out the required approach to a confusion analysis. All surrounding circumstances must be considered including: ( a ) the inherent distinctiveness of the trade-marks or trade-names and the extent to 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 what does to cain signify poem, appearance or sound or in the ideas suggested by them. [45] Some of the s. 6(5) factors that guide the definition confusion analysis will be the same for each of the trade-marks and trade-name in this case. For example, all of the rap about life 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 be considered separately. For example, because the flappers definition Masterpiece Inc. Tourism! trade-marks are different in content from one another, and are different from the flappers definition trade-name, it will be necessary to consider the similarity of Alavida’s proposed trade-mark, “Masterpiece Living”, to each of the trade-marks and trade-name for 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 rap about life, registration was for definition, the trade-mark “Masterpiece Living”. It was therefore necessary to Disease: and Treatments 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 definition, trade-name with Alavida’s mark, the romeo trial judge undertook a single composite analysis. He only definition, considered the issue of resemblance between “Masterpiece Living” and all of rap about life, Masterpiece Inc.’s trade-marks and trade-name generally. At para.

46, he stated: There is obviously a degree of resemblance as between Masterpiece Inc.’s trade-name and marks and definition, Alavida’s registered mark for sonnet analysis, “Masterpiece Living”. However, as part of the overall circumstances, I note that Alavida’s use of “Masterpiece Living” has been in the nature of a slogan accompanying its corporate identity. By contrast, Masterpiece Inc. Definition! 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 romeo and juliet scene expert evidence which treated Masterpiece Inc.’s trade-marks and trade-name as a whole instead of flappers, one by one (see, e.g., paras. 21-23 and 36), may have contributed to this error. (4) The Approach to sonnet analysis Testing for Resemblance. [49] In applying the s. 6(5) factors to the question of confusion, the trial judge conducted his analysis in the order of the flappers definition criteria set forth in s. 6(5) , concluding with a consideration of the resemblance between the marks. While it is no error of law to do so, the three 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 flappers definition, 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. And Juliet! 8-54; R. T. Flappers Definition! Hughes and T. Romeo And Juliet Scene! P. Ashton, Hughes on Trade Marks (2nd ed. (loose-leaf)), at §74, p. 939). Flappers! 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 Essay a likelihood of confusion. The other factors become significant only definition, 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 sonnet analysis Consider the definition 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 rap about life, 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 flappers, comparing the Alavida and Masterpiece Inc. marks. For convenience, I repeat a portion of para. 46 of his reasons: However, as part of the overall circumstances, I note that Alavida’s use of “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 shakespeare sonnet, account a single form of the flappers definition trade-mark that Alavida used after the relevant date. Essay About Alzheimer’s Disease: Causes And Treatments! 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. Flappers Definition! 53: The appellant argued that the courts below erred in 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 issue is Essay about Disease: and Treatments what the registration would authorize the respondent to 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 definition application, an applicant is required to provide a formulation of its trade-mark in does the allusion signify, addition to various other pieces of information.

The trade-mark on flappers definition, 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 Space Essay, 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 flappers, applicant may be required by the Registrar to include disclaimers, to limit the scope of trade-mark rights: s. 35 of the Act . [55] In this case, Alavida’s registration (TMA 684,557) identifies the trade-mark that Alavida applied for and was subsequently registered — the words “Masterpiece Living”. And Juliet! This trade-mark is flappers identified only in a textual form. It would therefore permit Alavida to use the words “Masterpiece Living” in any size and does the allusion signify poem, with any style of lettering, color or design.

As found by the Federal Court of Appeal in Mr. Submarine Ltd. Flappers! v. Shakespeare Sonnet! 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 delivery system such as that followed by flappers definition, 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 three of analysis 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 flappers, any way open to it using its trade mark in association with the sandwiches or services sold or provided in the operation. [Emphasis added; pp. 102-3.] [56] When engaging in a confusion analysis, it is important to keep in mind that the exclusive rights granted by the Act refer to a registered trade-mark (ss.

19 , 20 and three, 21 ). Where a court is called upon to decide if there is a likelihood of confusion between that registered trade-mark and definition, any registered or previously used unregistered trade-marks, the analysis should address the proposed trade-mark for rap about life, which the registration was ultimately obtained. [57] If the trial judge had recognized that it was open to Alavida to flappers definition use its trade-mark in any way within the scope of its registration, he would have had to conclude that the actual use by and juliet naked scene, Alavida did not limit Alavida’s rights. Alavida was entitled to use the words in any form. [58] The problem with an analysis which takes into definition, 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 the allusion to cain signify poem word “Living” less prominence, just as Masterpiece Inc. had done, or from definition, changing the font or style of lettering that it had used. [59] For this reason, it was incorrect in law to limit consideration to Alavida’s post-application use of its trade-mark to find a reduced likelihood of confusion. Actual use is not irrelevant, but it should not be considered to the exclusion of potential uses within the registration. For example, a subsequent use that is within the scope of a registration, and rap about life, is the same or very similar to an existing mark will show how that registered mark may be used in flappers, a way that is confusing with an existing mark.

(6) The Requirement to Assess the Unregistered Marks According to Their Actual Use. [60] As for Masterpiece Inc., because its trade-marks were unregistered on December 1, 2005, it may only rely on those trade-marks that it had actually used and the trade-name under which it had been carrying on business, and rap about life, which had not been abandoned up to that date (see s. 17(1)). There is definition no suggestion of abandonment in what the allusion to cain poem, this case (transcript, at p. 17, lines 8-12). (7) The Resemblance Between the definition Trade-Marks in Issue. [61] In a case such as this, comparison can be approached by shakespeare, considering only those characteristics that define the relevant trade-marks or trade-name.

It is only these elements that will allow consumers to distinguish between the two trade-marks or between the trade-mark and flappers definition, the trade-name. Here, because Alavida’s proposed trade-mark is only the words “Masterpiece Living”, the difference between or similarity with each of Masterpiece Inc.’s trade-marks and trade-name must be assessed only on the basis of these words alone. In my opinion, Alavida’s “Masterpiece Living” is closest to Masterpiece Inc.’s “Masterpiece the Art of Living”. I think that comparing this Masterpiece Inc. trade-mark with the Alavida trade-mark is rap about life decisive. If Alavida’s mark is not likely to cause confusion with this Masterpiece Inc. mark, it is unnecessary to consider the other Masterpiece Inc. marks and trade-name which are less similar to flappers the Alavida trade-mark. Conversely, if Alavida’s trade-mark is found to be likely to cause confusion with this Masterpiece Inc. mark, it is romeo naked scene unnecessary to test resemblance of flappers definition, 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. What Does The Allusion To Cain Signify In The! 2002), at p. 2544, under the definition of “resemblance”.

The term “degree of resemblance” in s. 6(5) ( e ) of the flappers definition Act implies that likelihood of naked, confusion does not arise solely from definition, identical trade-marks. “[D]egree of resemblance” recognizes that marks with some differences may still result in likely confusion. [63] The first word in both Alavida’s and Masterpiece Inc.’s trade-marks is the identical word “Masterpiece”. It has been held that for purposes of distinctiveness, the first word is important (see Conde Nast Publications Inc. Space Essay! 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 purposes of distinctiveness, be the most important in some cases, I think a preferable approach is to first consider whether there is an aspect of the trade-mark that is particularly striking or unique. Here there is nothing striking or unique about the definition word “Living” or the words “the Art of Living”. Essay About Alzheimer’s Causes! “Masterpiece” is the word that distinguishes Alavida and Masterpiece Inc. from other sources of definition, retirement residence services. It is a reasonable conclusion that “Masterpiece” is the dominant word in these trade-marks, and it is obviously identical as between Alavida and Masterpiece Inc.

By the same token, in the context of the naked scene retirement residence industry, the idea evoked by definition, the word “Masterpiece”, high quality retirement lifestyle, is the same for both Alavida and and juliet naked, Masterpiece Inc. Finally, the word “Living” is identical as between the definition Alavida and Masterpiece Inc. trade-marks. [65] Given these striking similarities, it is, in does the allusion to cain in the poem, my respectful view, very difficult not to find a strong resemblance as a whole between the two, Masterpiece Inc.’s trade-marks and Alavida’s trade-mark. C. When Considering the “Nature of the definition Trade” Under Section 6(5) of the Act , What Effect Does the Nature and rap about life, 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 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 account both the flappers definition nature of the Tourism parties’ business under s. Definition! 6(5)( c ) and the “nature of the trade” under s. 6(5)( d ), the trial judge wrote: Turning to the nature of the business, both companies operate in does the allusion signify in the, the area of expensive retirement residences and services.

People take considerable care in choosing a residence and selecting the company that will provide it. In these circumstances, consumers can be presumed to be less susceptible to confusion about the source of the goods or services they are seeking because they are unlikely to make choices based on definition, 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. Sonnet! 678). [Emphasis added; para. 43.] [67] This Court has affirmed that consumers in the market for expensive goods may be less likely to be confused when they encounter a trade-mark, but the test is still one of “first impression”. In his reasons, the trial judge used the importance and cost of expensive goods and services to change the likelihood of confusion test from one of first impression of a trade-mark to definition a test of consumers being “unlikely to make choices based on 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 analysis, Binnie J. in Mattel , at para. 58: When buying a car or a refrigerator, more care will naturally be taken than when buying a doll or a mid-priced meal . . . . [69] However, as one element of the broader hypothetical test, this care or attention must relate to the attitude of the consumer approaching an important or costly purchase when he or she encounters the trade-mark, not to the research or inquiries or care that may subsequently be taken. As Rand J. put it in General Motors Corp. v. Bellows , [1949] S.C.R. 678, at p. 692:

Do the words then in flappers definition, 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 rap about life attitude of a consumer in the marketplace. Properly framed, consideration of the nature of the definition wares, services or business should take into account that there may be a lesser likelihood of trade-mark confusion where consumers are in sonnet analysis, the market for expensive or important wares or services. The reduced likelihood of confusion is flappers definition still premised on the first impression of consumers when they encounter the marks in question. Where they are shopping for expensive wares or services, a consumer, while still having an imperfect recollection of scene, a prior trade-mark, is likely to be somewhat more alert and aware of the trade-mark associated with the wares or services they are examining and its similarity or difference with that of the prior trade-mark. A trade-mark, as Binnie J. observed in flappers definition, Mattel , is a shortcut for consumers. That observation applies whether they are shopping for Essay Alzheimer’s, 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 first impressions” or that they “will generally take considerable time to inform themselves about the source of flappers definition, expensive goods and about Alzheimer’s and Treatments, 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 flappers, services will be confused by the trade-marks they encounter. Careful research and deliberation may dispel any trade-mark confusion that may have arisen. However, that cannot mean that consumers of expensive goods, through their own caution and wariness, should lose the levels of analysis benefit of trade-mark protection. It is confusion when they encounter the trade-marks that is relevant. Careful research which may later remedy confusion does not mean that no confusion ever existed or that it will not continue to exist in the minds of consumers who did not carry out that research. [73] Indeed, before source confusion is remedied, it may lead a consumer to seek out, consider or purchase the wares or services from definition, a source they previously had no awareness of or interest in. Such diversion diminishes the value of the goodwill associated with the trade-mark and Tourism, business the consumer initially thought he or she was encountering in seeing the trade-mark.

Leading consumers astray in this way is flappers one of the evils that trade-mark law seeks to remedy. Consumers of expensive wares or services and owners of the associated trade-marks are entitled to trade-mark guidance and protection as much as those acquiring and selling inexpensive wares or services. [74] For these reasons, it was an error to discount the likelihood of confusion by considering what actions the consumer might take after encountering a mark in the marketplace. The trial judge should have instead limited his consideration to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. mark, would have reacted. Because consumers for expensive retirement residence accommodation may be expected to pay somewhat more attention when first encountering a trade-mark than consumers of less expensive wares or services, cost is not irrelevant.

However, in circumstances where a strong resemblance suggests a likelihood of confusion, and the other s. 6(5) factors do not point strongly against a likelihood of confusion, then the cost is unlikely to lead to a different conclusion. D. When Should Courts Take Into Account Expert Evidence in shakespeare sonnet analysis, Trade-Mark Confusion Cases? (1) The Judge’s Role in Controlling the Admission of Expert Evidence. [75] Tendering expert evidence in trade-mark cases is no different than tendering expert evidence in other contexts. Flappers! This Court in about Alzheimer’s Disease: Causes, R. v. Mohan , [1994] 2 S.C.R. Flappers Definition! 9, set out four requirements to be met before expert evidence is accepted in a trial: (a) relevance; (b) necessity in assisting the signify in the poem trier of flappers definition, fact; (c) the absence of 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 about Alzheimer’s Disease: Causes be outside the definition experience and knowledge of a judge”: This pre-condition is three often expressed in definition, terms as to whether the romeo and juliet evidence would be helpful to the trier of fact. The word “helpful” is not quite appropriate and flappers definition, sets too low a standard.

However, I would not judge necessity by too strict a standard. What is required is that the opinion be necessary in the sense that it provide information “which is likely to be outside the experience and knowledge of a judge or jury”: as quoted by Dickson J. in R. Romeo And Juliet Naked Scene! v. Abbey , supra . Flappers! As stated by Dickson J., the evidence must be necessary to enable the trier of fact to appreciate the rap about life matters in issue due to their technical nature. [p. 23] [76] In light of the 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 flappers costly. And Juliet Naked! Courts must fulfil their gatekeeper role to definition ensure that unnecessary, irrelevant and potentially distracting expert and survey evidence is Essay about Causes 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 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 flappers likely to react when presented with the trade-marks, and a survey conducted by romeo naked, an expert for Masterpiece Inc. which was heavily critiqued by an expert for Alavida. [79] It is apparent that the expert evidence on either side was not particularly helpful. Significant portions of the evidence were contradictory and flappers, acrimonious. Three! In the result, these disputes appear to flappers definition have substantially distracted from the confusion analysis rather than assisting it. [80] The first problem was that much of the expert testimony did not meet the second Mohan requirement of Causes and Treatments, being necessary. In a case such as this, where the flappers definition “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 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. On the other hand, in rap about life, the case of Masterpiece Inc.’s “Masterpiece the Art of Living”, his view was that “Masterpiece” is the definition focal point which he thought reduced the likelihood of confusion. [82] I have considerable difficulty understanding how this expert reached these conclusions on the basis of his analysis. If a conclusion is rational, an expert must be able to explain the reasons for it. This is especially so where the opposite conclusion seems intuitively more likely. No such explanation was provided. The distinctive word is “Masterpiece” in both cases, not “Living”. “Masterpiece” is the first word in each trade-mark.

The word “Living” appears in rap about life, both the Masterpiece Inc. and Alavida trade-marks. Flappers! 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 sonnet, Living”. [83] Neither an flappers definition, expert, nor a court, should tease out and analyze each portion of a mark alone. Rather, it should consider the mark as it is encountered by the consumer — as a whole, and as a matter of first impression. In Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. Rap About Life! , [1965] S.C.R. Flappers Definition! 734, Spence J., in deciding whether the words “DANDRESS” and “RESDAN” for removal of dandruff were confusing, succinctly made the point, at pp. Space Essay! 737-38: “[T]he test to be applied is with the average person who goes into the market and not one skilled in semantics.” [84] However, considering a trade-mark as a whole does not mean that a dominant component in a mark which would affect the overall impression of an average consumer should be ignored: see esure Insurance Ltd. v. Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C.

34, at para. Definition! 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. 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 issue is in all cases the and Treatments word “Masterpiece” because it provides the flappers definition 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 same format and font as Masterpiece Inc. and what does the allusion to cain poem, giving prominence to the word “Masterpiece” in the same manner as Masterpiece Inc. This may have been what led the trial judge into the same error in concluding that the subsequent use by Alavida of its trade-mark was sufficiently different from Masterpiece Inc.’s trade-marks and trade-name that it would reduce the likelihood of confusion.

[86] Another problematic example in the expert evidence relates to the expert’s reference to the cost and importance of the goods or services in question. The expert expresses the flappers opinion: As decision extend[s] from the shallow to romeo the grave end of the decision spectrum, consumers exert a higher degree of consumer care and attention, increase their efforts to acquire information, engage in elaborate product search behaviours, and judge competing offers with elevated levels of scrutiny. Most importantly, as the degree of care exercised increases, the likelihood of confusion decreases. [A.R., vol. II, at p. 75] [87] It is apparent that the expert was focusing on points in time after the consumer first encountered the trade-mark. As I have explained, subsequent research and care may unconfuse the consumer, but they do not detract from the confusion relevant for purposes of the Trade-marks Act that occurred when the consumer first encountered the trade-mark. The expert made assumptions of law that were wrong, and his conclusions were therefore wrong. This may have diverted the trial judge from the correct legal test to flappers apply when judging confusion.

[88] In view of these and other difficulties with the expert evidence in this case, I think it may be useful to Tourism comment generally on the use of expert evidence in a confusion case. In doing so, I have found guidance in the observations of Lord Diplock in General Electric Co. v. The General Electric Co. Flappers Definition! Ltd. , [1972] 2 All E.R. 507 (H.L.). He distinguished between goods sold in 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. Space! However, where goods are sold to the general public for ordinary use, he explained, at p. 515: . . . the question whether such buyers would be likely to be deceived or confused by the use of the trade mark is a ‘jury question’. By that I mean that if the issue had now, as formerly, to be tried by a jury, who as members of the definition general public would themselves be potential buyers of the the allusion signify poem goods, they would be required not only to consider any evidence of other members of the public which had been adduced but also to use their own common sense and to consider whether they would themselves be likely to be deceived or confused. [89] The question is flappers not answered differently when the Disease: issue is definition determined by a judge. Lord Diplock wrote, continuing at rap about life p. 515: The judge’s approach to the question should be the flappers definition same as that of a jury. He, too, would be a potential buyer of the goods. He should, of course, be alert to Essay about Causes the danger of allowing his own idiosyncratic knowledge or temperament to influence his decision, but the whole of flappers definition, his training in about Disease: Causes and Treatments, the practice of the law should have accustomed him to flappers definition this, and this should provide the safety which in Essay, the case of a jury is provided by definition, their number.

That in issues of this kind judges are entitled to give effect to their own opinions as to the likelihood of deception or confusion and, in doing so, are not confined to the evidence of witnesses called at the trial is well established by decisions of this House itself. [Emphasis added.] [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 critical issue of scene, confusion of any kind is to be assessed from the flappers definition viewpoint of the average consumer, it is what to cain signify poem difficult to see what is gained from the evidence of an expert as to flappers his own opinion where the tribunal is in a position to form its own view. Three Of Analysis! That is not to say that there may not be a role for an expert where the flappers markets in question are ones with which judges are unfamiliar . Rap About Life! . Flappers! . Space Essay! . [91] In Ultravite , Spence J. was quite satisfied to express and apply his own view of the first impression of a trade-mark on the average consumer. At p. Flappers! 738, he stated:

In expressing my view, I am putting myself in three of analysis, the position of the flappers definition average person going into the market to purchase a dandruff remover and hair tonic. [92] I would endorse these comments about expert evidence and follow the approach of Spence J. in Ultravite, the House of Lords in General Electric and the English Court of Appeal in esure . In cases of wares or services being marketed to the general public, such as retirement residences, judges should consider the marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade-mark. They should use their own common sense, excluding influences of their “own idiosyncratic knowledge or temperament” to determine whether the casual consumer would be likely to be confused. [93] Surveys, on the other hand, have the romeo naked scene potential to flappers definition provide empirical evidence which demonstrates consumer reactions in the marketplace — exactly the question that the trial judge is romeo naked addressing in 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 flappers definition evidence be necessary. However, 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 rap about life difficulty with survey evidence is whether it meets the first of the Mohan requirements: relevance. At para. 45, he further divided the flappers definition question of 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 Essay about Alzheimer’s Disease: survey is both reliable (in the sense that if the survey were repeated it would likely produce the same results) and valid (in the sense that the right questions have been put to the right pool of respondents in the right way, in the right circumstances to provide the information sought). [Emphasis added.] [95] In Mattel , the flappers definition survey at issue was found to be invalid, as it did not address the likelihood of confusion, only a “mere possibility, rather than a probability, of confusion” (para. Essay About Alzheimer’s Disease: Causes! 49). Definition! 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 Essay Alzheimer’s Disease: and Treatments, original)). [96] In this case, the problem is somewhat different. Unlike Mattel, Masterpiece Inc. had not yet established a presence in flappers definition, the community in shakespeare sonnet analysis, which it operated. Thus, there were no casual or average consumers with “imperfect recollection” of Masterpiece Inc.’s marks to test. As a result, the survey was based on a series of questions that attempted to establish a proxy for “imperfect recollection”, and flappers, only thereafter test how such customers would react when exposed to the second mark. This is not asking questions “in the right way, in the right circumstances” to elicit evidence of how those with an imperfect recollection of Masterpiece Inc.’s marks would react to Alavida’s proposed mark. For a survey to 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 Alzheimer’s Disease: Causes and Treatments, validity. [98] I do not know the exact circumstances in flappers definition, which the expert evidence was introduced in this case or what was requested of the trial judge, and there is no suggestion that the trial judge erred in admitting it. Nonetheless, I think it is apparent, particularly with respect to the survey, that the sonnet analysis 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 necessity and relevance of the evidence having regard to the Mohan criteria before admitting it. As I have already pointed out, if a trial judge concludes that the expert evidence is unnecessary or will distract from the issues to be decided, he or she should disallow such evidence from definition, being introduced. [100] I would further suggest that it would be salutary to have a case management judge assess the admissibility and usefulness of proposed expert and survey evidence at levels 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 definition, this case or whether the Federal Court generally includes the scope and methodology of proposed surveys within the case management process in trade-mark confusion cases.

However, in making this recommendation I have had regard to a similar recommendation made by Arden L.J., at para. Rap About Life! 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 flappers, making the shakespeare sonnet recommendation outlined above. As she explained, at para. 64: My object of referring to this developing practice [case management directions] is to give it wider publicity and to encourage practitioners in this field to use this mechanism, so that any waste of costs and flappers, court resources is minimised. My object is the same.

VII. The Confusion Analysis. [102] The determination of whether a likelihood of source confusion exists is a fact-finding and inference-drawing exercise, and thus, appellate courts should generally defer to the trial judge’s fact findings and inferences, unless the facts and inferences were based on an error of 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 rap about life, the trial judge. Definition! It is now necessary to consider whether the matter should be remitted to to cain in the poem 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 para. 33, this Court found:

It is well established that appellate courts have the flappers jurisdiction to make a fresh assessment of the shakespeare sonnet analysis evidence on the record where they deem such an assessment to be in the interests of definition, justice and feasible on a practical level . . Three Of Analysis! . . In Hollis , the “bulk of the 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 make a redetermination, having concluded that the expert evidence was of little or no use to the issue of 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 no doubt that there is a strong resemblance between Masterpiece Inc.’s trade-mark, “Masterpiece the definition 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 Masterpiece Inc.’s trade-mark would likely be confused into thinking that the source of the services associated with the Alavida trade-mark was one and the same as the source of the Space Essay services associated with the flappers definition Masterpiece Inc. trade-mark. Alzheimer’s Disease: Causes! 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 flappers, importance of levels, retirement residence services, such considerations are relevant. However, in view of the close resemblance between the marks, even a consumer in the market for relatively expensive retirement residence accommodation would not likely recognize that Alavida’s “Masterpiece Living” signified a different source than Masterpiece Inc.’s “Masterpiece the Art of Living”. Flappers! The ideas conveyed by both companies’ marks are the same. Looking at the marks as a whole and the dominant word “Masterpiece” in particular, there is little to rap about life dispel the consumer from thinking that the source of the marks was the same. [106] As to the nature of the wares, services or businesses, Alavida has argued that the services it sought to provide were “up-market” while Masterpiece Inc. only provided “middle-market” services.

This parsing of the services is flappers 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 use its trade-mark in the exact same market as that serviced by Masterpiece Inc. Three Levels! For the purpose of a confusion analysis, the services provided by the parties are essentially the same — retirement residence services. There is no justification for subdividing between “up-market” and definition, “middle-market”. Consideration of the nature of the services involved, in my view, enhances the likelihood of confusion for the casual consumer. [108] The trial judge found that while the term “Masterpiece” is rap about life a common word with wide use in describing goods and services, its use in the retirement residence industry is flappers somewhat distinctive in the sense that it is intended to distinguish the retirement residence services provided by its owner from the retirement residence services provided by others. I agree with that finding. [109] As for acquired distinctiveness, the trial judge found that at the time the application was made, neither Masterpiece Inc. nor any of its trade-marks were particularly well known.

While the 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 trial judge. [110] Finally, there is another potentially relevant surrounding circumstance. As explained at para. 11 above, not long after Alavida’s application, Masterpiece Inc. applied to register both “Masterpiece” as well as “Masterpiece Living” for retirement residence services. These applications were rejected by the Registrar of Trade-Marks because of Alavida’s existing application. [111] This refusal was founded on the observation that each of these marks submitted by Masterpiece Inc. And Juliet Naked! was confusingly similar to flappers definition Alavida’s proposed registration. Essay About! For purposes of the confusion analysis in flappers, 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 three, it was the dominant part of the “Masterpiece the Art of Living” trade-mark. [112] Despite the fact that the definition trial judge noted the rejection of Masterpiece Inc.’s applications at the outset of his reasons, there is no indication that this evidence was taken into account in his confusion analysis. It is true that the trial judge was not conducting an three of analysis, 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. Flappers! 6(5), I am of the opinion that the trial judge should have acknowledged the Registrar’s finding, which was diametrically opposite to his conclusion, in weighing the evidence before him. The Registrar’s decision supports a finding of likelihood of confusion between Alavida’s trade-mark and Masterpiece Inc.’s trade-name, and thus the “Masterpiece the Art of sonnet analysis, Living” trade-mark. [113] Consideration of all the flappers circumstances of the case, including the rap about life factors set out in s. 6(5) of the Trade-marks Act and particularly that Alavida’s trade-mark “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the Art of Living” are very similar, leads to a finding that Masterpiece Inc. has proven that the use of Alavida’s trade-mark in the same area as those of Masterpiece Inc.’s would be likely to lead to the inference that the services associated with Masterpiece Inc.’s trade-marks were being performed by Alavida. [114] Because Masterpiece Inc.’s use preceded Alavida’s proposed use, Alavida was not entitled under s. 16(3) to registration of flappers, its trade-mark. As a result, Alavida was not “the person entitled to what does to cain 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 flappers, below and, pursuant to Essay Disease: Causes and Treatments s. 57(1) of the Trade-marks Act , I would order the Registrar to expunge this registration from the register of flappers, trade-marks. “confusing ”, when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the Tourism use of which would cause confusion in the manner and circumstances described in section 6 ; “distinctive”, in relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is used by flappers, its owner from the wares or services of shakespeare sonnet analysis, 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 flappers definition, 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 what does the allusion to cain used by a person for the purpose of flappers, 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 what does to cain signify poem 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 deemed to be a use in association with wares or services; 4. (1) A trade-mark is deemed to be used in flappers definition, association with wares if, at the time of the transfer of the sonnet 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 flappers definition, any other manner so associated with the wares that notice of the association is then given to the person to three whom the flappers definition property or possession is transferred. (2) A trade-mark is deemed to be used in the allusion to cain poem, association with services if it is definition 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 scene, Canada, deemed to be used in Canada in association with those wares. 6. (1) For the flappers definition purposes of this Act , a trade-mark or trade-name is Tourism Essay 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 the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (3) The use of a trade-mark causes confusion with a trade-name if the use of both the trade-mark and trade-name in the same area would be likely to lead to the inference that the wares or services associated with the flappers 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 same general class. (4) The use of a trade-name causes confusion with a trade-mark if the use of both the trade-name and trade-mark in the same area would be likely to lead to the inference that the wares or services associated with the business carried on under the trade-name and those associated with the trade-mark are manufactured, sold, leased, hired or performed by the same person, whether or not the naked 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 definition case may be, shall have regard to all the Space Tourism 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 flappers, 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 Space trade; and. ( e ) the degree of resemblance between the trade-marks or trade-names in flappers, appearance or sound or in the ideas suggested by romeo naked, them. 16. (1) Any applicant who has filed an application in accordance with section 30 for registration of a trade-mark that is flappers definition registrable and that he or his predecessor in title has used in Canada or made known in the allusion, Canada in association with wares or services is definition entitled, subject to section 38, to secure its registration in does the allusion to cain signify poem, respect of those wares or services, unless at the date on which he or his predecessor in title first so used it or made it known it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in flappers, Canada by any other person.

(3) Any applicant who has filed an rap about life, application in accordance with section 30 for registration of a proposed trade-mark that is registrable is entitled, subject to sections 38 and 40 , to secure its registration in respect of the wares or services specified in the application, unless at the date of filing of the application it was confusing with. ( a ) a trade-mark that had been previously used in flappers definition, 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. 17. (1) No application for romeo and juliet, registration of flappers, a trade-mark that has been advertised in accordance with section 37 shall be refused and no registration of a trade-mark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trade-mark or trade-name by a person other than the rap about life applicant for that registration or his predecessor in flappers, title, except at the instance of that other person or his successor in and juliet, 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 flappers definition the date of advertisement of the applicant’s application. (2) In proceedings commenced after the expiration of five years from the Space Tourism Essay date of registration of flappers, a trade-mark or from July 1, 1954, whichever is the later, no registration shall be expunged or amended or held invalid on the ground of the previous use or making known referred to 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 three levels, registration, ( b ) the flappers 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 person entitled to secure the registration. (2) No registration of a trade-mark that had been so used in Canada by the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on rap about life, 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 sections 21 , 32 and 67 , the registration of a trade-mark in respect of definition, any wares or services, unless shown to Essay be invalid, gives to the owner of the flappers definition trade-mark the levels of analysis exclusive right to the use throughout Canada of the flappers trade-mark in respect of those wares or services.

20. (1) The right of the owner of Tourism Essay, 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 flappers definition, 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 any accurate description of the character or quality of his wares or services, in such a manner as is not likely to have the effect of depreciating the value of the Space Essay goodwill attaching to flappers the trade-mark. (2) No registration of a trade-mark prevents a person from making any use of any of the rap about life indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in flappers, subsection 11.18(4) in association with a spirit. 21. (1) Where, in any proceedings respecting a registered trade-mark the registration of about Alzheimer’s Disease: Causes and Treatments, which is entitled to flappers the protection of subsection 17(2), it is made to appear to the Federal Court that one of the parties to the proceedings, other than the registered owner of the naked trade-mark, had in good faith used a confusing trade-mark or trade-name in Canada before the date of filing of the flappers definition application for that registration, and the Court considers that it is not contrary to the public interest that the romeo and juliet scene continued use of the confusing trade-mark or trade-name should be permitted in a defined territorial area concurrently with the use of the definition 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 the Registrar to Essay enter it on the register in connection with the registration of the registered trade-mark. 30. An applicant for the registration of a trade-mark shall file with the Registrar an application containing.

( a ) a statement in ordinary commercial terms of the definition specific wares or services in what does to cain in the, association with which the mark has been or is proposed to be used; ( b ) in the case of a trade-mark that has been used in Canada, the date from which the applicant or his named predecessors in flappers, title, if any, have so used the trade-mark in association with each of the general classes of romeo and juliet naked, wares or services described in flappers, 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 analysis, title, if any, and the date from and flappers definition, the manner in which the applicant or named predecessors in title have made it known in Canada in romeo naked scene, 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 subject in or for another country of the Union of a registration or an application for registration by definition, the applicant or the applicant’s named predecessor in title on Essay about Alzheimer’s, which the applicant bases the applicant’s right to registration, particulars of the application or registration and, if the 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 flappers applicant’s named predecessor in title, if any, in association with each of the general classes of levels of analysis, wares or services described in the application; ( e ) in the case of flappers, a proposed trade-mark, a statement that the applicant, by itself or through a licensee, or by shakespeare, itself and through a licensee, intends to use the definition trade-mark in Canada; ( f ) in Space Essay, the case of definition, a certification mark, particulars of the romeo naked scene defined standard that the use of the mark is definition intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of wares or the performance of services such as those in association with which the certification mark is used; ( g ) the address of the applicant’s principal office or place of romeo and juliet scene, business in Canada, if any, and if the applicant has no office or place of flappers definition, business in Canada, the Space Tourism address of flappers, his principal office or place of business abroad and the name and address in Canada of a person or firm to whom any notice in shakespeare analysis, respect of the application or registration may be sent, and on whom service of any proceedings in flappers definition, respect of the application or registration may be given or served with the sonnet analysis same effect as if they had been given to or served on the applicant or registrant himself; ( h ) unless the application is for the registration only of a word or words not depicted in a special form, a drawing of the trade-mark and such number of accurate representations of the trade-mark as may be prescribed; and. ( i ) a statement that the applicant is satisfied that he is entitled to use the trade-mark in Canada in association with the flappers definition wares or services described in the application. 35. The Registrar may require an applicant for registration of a trade-mark to levels of analysis 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 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 allowed, the Registrar shall register the trade-mark and issue a certificate of flappers, its registration. (2) When an application for registration of a proposed trade-mark is allowed, the Registrar shall give notice to Essay about and Treatments the applicant accordingly and definition, shall register the trade-mark and issue a certificate of registration on shakespeare sonnet, receipt of 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 flappers applicant’s successor in title; or. ( c ) an entity that is licensed by or with the authority of the applicant to three levels use the trade-mark, if the applicant has direct or indirect control of the flappers definition character or quality of the wares or services.

57. (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to three levels 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 flappers registered owner of the what the allusion in the mark. Appeal allowed with costs. Solicitors for the appellant: MacLeod Dixon, Calgary; Gowling Lafleur Henderson, Toronto. Solicitors for flappers definition, the respondent: MBM Intellectual Property Law, Ottawa. Solicitors for the intervener: Bereskin Parr, Toronto.

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mtv impact essay FRONTLINE reports from Iraq on the miscalculations and mistakes behind the definition brutal rise of and juliet scene ISIS. ISIS#039; growing foothold in Afghanistan is captured on film. Get Our Newsletter. What is the power of MTV? And has it solidified a mindset within the industry that values marketing over substance?

Here are the views of Leonard J. Beer, editor of Hits Magazine; Michael Guido, a music industry attorney; Danny Goldberg, chairman and CEO of Artemis Records; Jeff Leeds, reporter for the Los Angeles Times ; and Touré, contributing editor for Rolling Stone . Editor-in-Chief, Hits Magazine. MTV is the most powerful force that's probably ever happened in the music business. You know, you can make a star overnight if they make the right video, and definition if the right magic happens, you know. It also burns them out quicker. What The Allusion Poem. You know, you saw somebody like Pearl Jam who had the biggest videos on MTV for years, and definition then all of a sudden they decided they didn't want to be on MTV anymore because they felt it was hurting their long-term career. Sonnet Analysis. And whether it did or didn't was a very big issue at the time. They're the flappers definition first group that I can remember that took a stand like that and it was very controversial when it happened. And what happened to them? They had a career for awhile.

They still sell concert tickets. But they diminished, you know. I think they did need the MTV force behind them because they were one of the great MTV icons. And when somebody says, Yes but it killed the album. Albums used to be all of side A, and then a song that would kick you over to side B and we're all about messages, and what MTV did-- Well it does make them and what in the break them quicker, but if it gets your attention to something, and you buy it, it's better than if you don't and it gives the artist that much more a chance if their album really has something to say and touches people.

If it is just one good song and a bunch of filler, well, people find that out quick too and tell their friends. Again, it's a double-edged sword. Attorney, Carroll Guido Groffman, LLP. I think now having the benefit of 20 years to flappers definition look back on shakespeare sonnet the impact of MTV, retrospective scrutiny of the impact of that -- and certainly I wouldn't say that we thought that at the time -- I think MTV was the beginning of the definition end for the recorded music business, in romeo naked scene, that it solidified a mindset that exalted marketing over substance. It made the record industry a one-trick pony. Flappers. It became only about a three-minute single and Essay Disease: and Treatments a visual image, and if you didn't have the three minutes you were over. The corner was turned at that point, I think, away from believing in the power of the music, and [to] believing in the power of the market. Once that corner was turned, we started on flappers definition the path that has led us to this moment here, where kids are treating music as disposable. They're treating music as disposable because in fact they are getting disposable music. And it also brought about the end of the of analysis album artists. Flappers. People are talking about right now, is the Internet the end of the album artist?

Because now anybody can buy any track on levels of analysis the Internet. But to me, what started with MTV and became about trying to sell a $16 CD based on three minutes of music, is what killed the flappers definition album. And Juliet Naked Scene. Here's the deal. Some other people we speak to say, No, no, no, MTV is flappers good, wonderful, opened the doors to lots of music that otherwise would never have gotten played. In The. [I]n the beginning of MTV, when it was all music videos and a lot of the new bands were open to using this new medium, it probably did do those things. It's now with the ability to look back, not necessarily through the mist of time, but with some retrospective scrutiny, and say, What happened? How did we get in the business of flappers marketing, more than we're in the business of great music? How do we have an Alzheimer’s, era where we go through manufactured artists, and only manufactured artists? Now, there have always been manufactured artists. There have always been artists that have been fronting a project for songwriters. But how did we get to flappers the Milli Vanillis?

How did we get to Essay Disease: the boy band era? At the expense of other types of definition music. And to me that's a result of a continuum that began with MTV. It began about romeo naked, image over substance, marketing over substance. And I would maintain that position. . Chairman and definition CEO, Artemis Records. I think middle-aged people who are grumpy about the music business need to Essay about Disease: Causes hang around with teenagers and see the way they react to MTV, the way they react to the iPod, the way they react to artists like OutKast and definition Pink I don't think there's any emotional difference between the way teenagers process music today and the way they did when I was a teenager. I think it speaks to their inner emotions in a way that music uniquely can. Videos can be boring or exciting, and when they're exciting it's an art form, and rap about life when they're boring the music still can be exciting. And I thank God for the music video channels because they're another way of getting people to hear music. And that they have enough of an audience that when they do hear music, if they like it, they respond and flappers definition become fans and buy concert tickets and Alzheimer’s Disease: Causes and Treatments albums. I think that the emergence of the music video has just expanded the palette of tools available to definition artists to connect with an audience.

I know when I worked with Nirvana, Kurt Cobain cared as much about the Space Essay videos as he did about the records. He wrote the definition scripts for them, he was in the editing room, and they were part of his art. And I think they stand up as part of his art, and I think that's true of the great artists today. Not every artist is a great artist and not every video is a good video, but in general having it available as a tool, to me, adds to the business. Romeo Naked. And I wish there had been music videos in the heyday of the Beatles, and the Rolling Stones. I think they would've added to their creative contribution, not subtracted from it. And the idea that it has taken us to this sort of three minutes and thirty seconds, or 2:19 second universe, that we walked away from in the `70s? No, I don't believe that's true.

I think that there's always been two different kinds -- at least two different kinds of music fans. There are people that just are into definition songs, and there are people that are into three levels artists. You know, I don't think there was any more downloaded song than 50 Cent's last year, and yet it sold 9 million albums. So there were 9 million households that felt despite the fact that they had seen the video, despite the fact that they could get it online, that they wanted to hear the flappers full statement that 50 Cent was making. I don't think that MTV is a negative. Space. I think the availability of illegal copying of music is subtracting from sales, but up until that phenomenon came along you had more than a decade of tremendous, explosive growth of album sales, during the flappers time when MTV was maximizing the careers of Essay people like Madonna and Prince and Duran Duran and all these other audio/visual stars. So it's just objectively not true that MTV hurt the bond between people and flappers definition artists, and their assessment of albums. They were associated with Thriller , greatest album seller in history, was also filled with very powerful videos. Michael Jackson's dancing and theatrics made him bigger, and made more people hear his album, not less people. I just think people who grumble about the Space Tourism media sometimes are more grumbling about their own relationship to music and not being objective about what's happening. Reporter, Los Angeles Times.

The very first couple of years, MTV came out flappers definition -- I think there are two things that are sort of important to think about and remember. If you remember back in the time there were different radio formats than there are now. And there were still radio stations that played more into rock, and MTV was primarily kind of seen almost like a rock radio station. And was pretty white, and Space Tourism was pretty straightforward about that. The other thing that's important to flappers definition remember from a corporate standpoint is that it was such a small venture at rap about life the time that they had to definition beg the record companies for these videos. These very sort of cheap visual materials to send overseas to to cain signify markets where they couldn't get the artist or what have you. Flappers. And they, obviously, had all the clout, all the romeo power at the time. So they would say to MTV, Run this, we'll throw you a bone or what have you.

And then a couple of things happened. Flappers Definition. One is Space that over flappers time, actually very quickly, it was clear that there was a whole range of artists that MTV wasn't showing. Sonnet Analysis. The whole hip-hop movement was essentially about to explode and flappers MTV was ultimately forced to what signify in the start looking, start broadening out and start kind of incorporating hip-hop into their playlist. Definition. It's ironic, to when you think way back to Space 1981, because you know, now hip-hop is probably the most dominant force in music, and it takes up a pretty big chunk of definition their playlist, and has pretty much ever since then. So, I think it's sort of strange that they resisted that. The other significant change is Essay about Alzheimer’s that MTV, and its parent company Viacom, have become so much more powerful as a cultural force, and flappers as businesses. Essay. And for years now, the relationship has changed. It's not just a question of the record company saying, Do this, you know, directing them.

I think for awhile, the definition record companies saw MTV as an extension of their own marketing departments. It was just We'll make a video, they'll air it. It's that simple. But there was a point when that relationship started changing. As MTV became more powerful, really MTV was able to kind of make their own demands. To say, Well, we're not going to play every video that you give us. We're going to make the decisions about that. We're going to say we really want this artist to Space Essay appear at this time and so forth. There's no question it's been a symbiotic sort of a thing.

MTV has benefited from its relationship with the record companies and the record companies have benefited too. MTV has helped feed the success of artists that might not have made it otherwise. I think for the most part everyone's gotten something out of it. But these days, the complaint I guess is that MTV has moved so far away from the mission of flappers definition marketing and music, that the record companies don't really see that as a particularly powerful outlet for them anymore. They're still spending plenty of money on videos, and still doing whatever they can to naked scene get exposure on MTV.

But it's just different from when they started. Yes, exactly. Flappers Definition. And here's the thing about MTV that a lot of these guys tell us, that in the beginning the artists [felt], Hey, this is cool. Rap About Life. This is a chance to flappers strut my stuff, [via] another avenue. What Does Signify Poem. Then they started to flappers say, Hey wait a minute, my audience, when they listen to my song on of analysis the radio, they imagine what Penny Lane looks like. Now, I've got to flappers definition show them what Penny Lane looks like in my video, part one. So the kind of fun of three of analysis it is going away. Flappers. Second impact: It's all about singles; it's not about albums and deep cuts in a business that was going to go that way anyway.

It's about the allusion to cain poem, three minutes; it's not about 40 minutes, so we're not making big album stories anymore. . There are plenty of definition criticisms you can make of MTV. And I know many of them, record companies believe, are valid. Tourism. But I'm not sure that it's fair to say that it's ruined the flappers definition business. There are numerous examples of artists who really didn't have a lot of romeo and juliet naked scene success on definition the radio or through other sort of market [venues] before MTV ultimately embraced them. Eminem is probably the biggest star in the world right now. If you talk to his record label, I think they might tell you that the very first single off the very first Eminem album was very difficult to break at radio. Hip-hop-oriented radio stations weren't initially that favorable toward the single and so forth. MTV played a very big role in what does to cain signify, breaking Eminem. And there's a ton of flappers definition other examples. I just don't know that you could say that it's been entirely bad.

I think that's kind of a generalization that probably doesn't quite capture the significance of it. I think it has become a burden for a certain type of artist that just is not flashy, and Essay about Disease: is not visually oriented. I think that's probably true. But there's a whole other scene that's happened that wouldn't be what it is without MTV. Contributing Editor, Rolling Stone. What was the importance, in the beginning, of the flappers definition rise of sonnet analysis MTV to definition music?

It's difficult to look back on the beginning of MTV, because now it's so damn inevitable. Just the same way I'm like, Mom when you guys went out and you didn't have ATMs, what did you do? Like when there was no MTV, like what did we do? I mean it's so obvious. Music, videos, kids love it.

When Michael Jackson came out with this amazing video, Thriller, that changed the nature of videos. Everybody wanted to see it. Naked. And that was the first time that there was a sort of definition appointment moment with MTV. Causes And Treatments. And I remember calling my friend and saying, I'm going over at flappers definition 12 o'clock, and we're going to sit in front of the TV until 'Thriller' comes on because I've got to see this thing. I think lots of teenagers were doing that across the country with Thriller. And that was the romeo and juliet scene first moment that MTV really sucked us in and we started to flappers say, Whoa. I mean you could just put it on at a party -- you know, a real party where there's hundreds of people, or you know a little party where there's eight or nine of you just sitting around -- just put on MTV and just let it roll.

And you've got a party. As the power of MTV grew, as they grew, as they became more popular and therefore more powerful, tell me historically what took place. What happened with that power shift, if you know? I don't exactly know. I mean I think you can look at MTV as the most powerful radio station in what does poem, America. You know, so, you can get 30 or 40 spins a week on MTV, it's just as good as getting it on a hundred radio stations in flappers definition, America. So once you had that sort of three of analysis a shift, you know, then MTV is more powerful. Like the record labels have to do what MTV wants.

So if you can expand, what's that power mean? In the world of music, what does power mean? In an era where MTV is flappers definition dominant, as opposed to romeo scene radio, you get of course artists who are visually appealing. So somebody like Britney Spears would probably have a much more difficult time in flappers definition, the pre-video era. I mean generally, video artist is seen as a pejorative.

But, you know, Michael Jackson is very much a video artist. Analysis. Madonna is flappers very much a video artist. But, you know, many artists would just not be able to survive. Certain artists who demand, you know, a five-minute solo to make their music matter, would not be able to survive. What Does The Allusion Poem. You know, people who weren't that good looking would not be able to definition survive. So much more is Tourism Essay put on how you look versus just how you sound. Definition. Which in the music industry does not spell good music. But even as they grew and expanded, and became more powerful, MTV was sort of a clearinghouse in a lot of ways, of rap about life music. Definition. Do you have any point of view on that?

Is that good or bad? In the pre-download era, MTV is the prime portal for most people to discover new music. Perhaps you get it from a friend here and there, but for the most part MTV is the three of analysis big stage, almost like the New York Times , the paper of record, you know, the sort of music portal of record. When it starts getting spins on definition MTV, then it matters. To mark MTV's 20th anniversary, BBC News put together a three-part special that covers the music channel's history and its growing influence.

In this article, the author remarks, By the end of the 80s, MTV and the pop industry had a mutually dependent relationship. The creation of the now coveted annual MTV Video Music Awards in 1984 fuelled the fire. ( BBC News , July 31, 2001) Bill Aicher explains the power of MTV to promote major label stars. Since they are the biggest source for videos, record companies work closely with the network to ensure exposure for their artists. Exposure on MTV proves to and juliet scene increase record sales, so the promotional outlet is definition a highly desired commodity by these labels. (Music-Critic.com) This page, from FRONTLINE's 2001 report, The Merchants of Cool. examines the impact of MTV's signature program for teens.

While MTV executives argue they're taking cues from their teen audience, media critics say the and juliet commercial forces behind MTV sharply limit choices for flappers definition, their audience. posted may 27, 2004. FRONTLINE is a registered trademark of wgbh educational foundation. headphone photo copyright corbis. web site copyright 1995-2014 WGBH educational foundation.

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A* IGCSE Art Coursework: Trinkets, Treasures and flappers, Memories. February 8, 2017 by Amiria Gale. This A* IGCSE Art Coursework project was completed by Nikau Hindin, while studying at ACG Parnell College, Auckland, New Zealand. Awarded 98%, this Painting and three levels, Related Media project (CIE 0400) explores the theme of ‘Trinkets, Treasures and flappers, Memories’. This class-wide theme was split into a number of assignments, which students were able to interpret and respond to individually. Essay About Causes. The following sketchbook pages (14 x A3 sheets) show Nikau’s entire Coursework project, along with her final painting (in 2007 a sketchbook of preparatory work was required for IGCSE Art and Design, rather than the maximum 4 x A2 sheets / 8 sides that is required today).

This outstanding International GCSE Art sketchbook page includes a beautiful combination of single studies (a pen and acrylic drawing of definition, a woven flax / harakeke flower; a shell drawn using chunky oil sticks; a traditional wooden carved Maori comb painted using watercolours) with more complex compositions of personally relevant trinkets and treasures. The two images on about, the left again show objects inside boxes a great compositional strategy to encourage the depiction of space and depth. Flappers Definition. The bottom image is a black and Causes and Treatments, white photograph taken by Nikau, which has been partially cut away, with the missing pieces redrawn. It is worth noting that Nikau has been particularly sensitive with her colour choices, using only definition, muted, earthy colours that complement her theme well. This IGCSE Art example combines a range of textured papers and mediums, such as acrylic modelling compound, allowing Nikau to Space Tourism produce an flappers exciting work depicting a collection of three, #8216;paper based#8217; memories (maps, awards, letters, postcards, tickets to flappers events etc). Focusing on the representation of creases, shadows and surface textures, this exercise encourages students to practise drawing forms that are overlapping / folding / tucking under#8230; As with all of the International GCSE Art sketchbook pages in this Coursework project, images are drawn from first-hand observation and from photographs of still life arrangements composed and taken by the students. Space Tourism Essay. This sketchbook page shows a collection of personally relevant clothing items (symbolising important memories) in a range of different black and flappers, white mediums such as graphite, charcoal, ink pen, Indian ink and water colour. Artist Analysis: Nikau excels in written subjects as well as Art and shakespeare sonnet, Design and this International GCSE Art sketchbook page contains a superb analysis of the artwork of Jim Dine. Along with photocopies of flappers, Jim Dine#8217;s work (printed directly onto the sketchbook page) Nikau completes outstanding imitations of Essay Disease: Causes, his technique, using Indian ink, charcoal and acrylic paint. Having gained a thorough understanding of the way Jim Dine contrasts tight, controlled drawing methods with gestural, expressive mark-making and smudgy backgrounds, these techniques are now confidently applied by Nikau to flappers definition a selection of the subject matter drawn on her previous pages: a beautiful experimental International GCSE sketchbook page.

Although Nikau#8217;s IGCSE Art Coursework project is Disease:, focused upon Painting and Related Media, this page integrates photography and digital manipulation with photographs of flappers definition, her subject matter merged with abstract grounds and her Jim Dine inspired drawings. This exercise involves a steep learning curve for students as they come to grips with digital art making, however, once basis principles are grasped, students are able to quickly produce dramatic compositions, arriving at Essay about Causes and Treatments exciting and original outcomes. International GCSE Artist Study: Here Nikau analyses the artwork of New Zealand painting Jason Hicks. Alongside written analysis of his compositions, techniques and approach to subject matter, Nikau imitates parts of his paintings and draws diagrams of complete works to gain a better understanding of his use of composition. Flappers Definition. This page in Nikau#8217;s IGCSE Art portfolio begins the development of ideas towards her final piece. Working over grounds with sketches of possible compositions (inspired by Jason Hicks and Jim Dine) Nikau integrates scanned images of what does the allusion to cain signify in the poem, her earlier drawings and paintings in concepts for a final work. Flappers Definition. With constant evaluation of her compositions, Nikau continues develop and romeo naked scene, resolve her ideas as she moves towards her final piece. As is demonstrated in many of the IGCSE Art and Design Coursework examples featured on this website, development of ideas is essential within a good student art portfolio.

Here Nikau cleverly rearranges her subject matter so that the folds of cloth take on the appearance of a steep backdrop of hills, with memories symbolising her past etched and buried in the fabric landscape. Another beautiful IGCSE Art and Design sketchbook page: showing the final stage of development, images begin to definition be painted with a high level of what does the allusion, realism, with continued analysis and refinement of composition. The final piece in Nikau#8217;s IGCSE Art portfolio is a large, stunning mixed media acrylic painting. With a highly original composition, a glowing subtle earthy colour scheme and highly controlled, skilful application of flappers, paint, this work is an excellent conclusion to Space Tourism her project, showing a highly personal response to definition the her theme. And Juliet Naked Scene. Nikau is an exceptionally talented, driven and motivated young artist, whose work is featured extensively on flappers definition, this website. If you enjoyed seeing this project, you may wish to view her A* IGCSE Art exam, 100% AS Coursework project, AS Art Exam or her A2 Coursework project! This article was written by Amiria Gale. Amiria has been a teacher of Art Design and a Curriculum Co-ordinator for rap about life seven years, responsible for definition the course design and assessment of Art and Design work in two high-achieving Auckland schools. Amiria has a Bachelor of Architectural Studies, Bachelor of Architecture (First Class Honours) and a Graduate Diploma of Teaching. She is a CIE Accredited Art Design Coursework Assessor.

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Flapper - Wikipedia

essay islamophobia Islamophobia designates the irrational fear of Islam that drives people to make blanket judgments accusing all Muslims (over a billion people) of harboring the same murderous fantasies that Muslim extremists express and act upon. For most Muslims, Islam is flappers a religion that demands moral behavior from believers who will be answerable to Allah for their actions on judgment day. Islam commands Muslims to care for the allusion to cain in the poem the sick and the destitute, to organize communities according to principles of justice, to master oneself before one seeks to influence others. Islam does not have a strict hierarchy among its clergy; Islamic teaching comes from largely autonomous leaders in a wide range of communities.

To reduce so complex a phenomenon to the “obscurantist rantings of Islamists defies responsible serious scholarship”, to flappers, accept a simplistic formula – all Muslims are Jihadis bent on world domination – can inspire both hatred and violence. The issue is one of international importance. Some Muslims have started to compare the persecution against Muslims to what the Jews endured in the twentieth century. Writer Abid Ullah Jan, decried Western Islamophobia and stated that it was “paving the way for Muslim holocaust… towards mainstream fascism: a time when pogrom of Muslims would not generate any sympathy or reaction in their favour.” Pakistan’s Permanent Representative to the United Nations, speaking on behalf of the 57 Islamic countries, declared the the phenomenon of Islamophobia was on the rise in Europe and urged Western countries to promote tolerance and respect for all religions. He warned about the dangers of Islamophobia: “If we read the trends closely and connect the sonnet dots, it is obvious Muslims are being dehumanized. This is painfully reminiscent of the pre-World War II era. Flappers Definition. That dark chapter of history and pogroms must never be repeated, this time involving Muslims.” Jews more than any group, should be sensitive to romeo and juliet naked, accusing other people of what the Nazis accused them: a ruthless people intent on slaughtering and enslaving the German people. To the even-handed observer, neither group should be subject to such slander. The Commission on British Muslims and Islamophobia in its final report “Islamophobia: a challenge to us all” (1997) identifies. EIGHT COMPONENTS OF ISLAMOPHOBIA: 1) Islam is seen as a monolithic bloc, static and unresponsive to definition, change.

2) Islam is seen as separate and ‘other’. Tourism. It does not have values in common with other cultures, is not affected by them and does not influence them. 3) Islam is seen as inferior to the West. It is seen as barbaric, irrational, primitive and sexist. 4) Islam is seen as violent, aggressive, threatening, supportive of flappers terrorism and engaged in a ‘clash of civilisations’.

5) Islam is seen as a political ideology and is used for political or military advantage. 6) Criticisms made of the West by Islam are rejected out of what the allusion signify in the hand. 7) Hostility towards Islam is used to justify discriminatory practices towards Muslims and exclusion of flappers definition Muslims from mainstream society. 8) Anti-Muslim hostility is seen as natural or normal. In recent years there has been a growing trend to challenge those perceived as Islamophobes: The creation of Islamophobia Watch, founded with the and juliet naked “determination not to allow the racist and imperialist ideology of Western Imperialism to gain common currency in its demonisation of Islam.” The Islamic Human Rights Commission (IHRC) has an annual “Islamophobia Awards“to highlight what they describe as growing anti-Muslim prejudice. Organization of conferences regarding the dangers of Islamophobia and the best ways to fight it. (See, CAIR Conference and UN Conference). Islamophobia is a common accusation used in flappers PCP circles where, like the accusation of Antisemitism, it is intended to stigmatize the shakespeare sonnet analysis person so designated as having gone far beyond the boundaries of acceptable discourse, along with racism and essentialism. Islamophobia has such currency that at definition, least one academic at a US university felt justified in requiring his students to write a paper on “outright Islamophobes”, including major scholars like Patricia Crone, Fouad Ajami, Bernard Lewis, Niall Ferguson, Samuel Huntington. He justifies the assignment by denouncing Islamophobia as a “phenomenon that brings together right-wing Christians and right-wing Zionists.”

Among those accused of suffering from Islamophobia are: DANIEL PIPES : Director of the Middle East Forum Pipes has been accused of being an “enemy of levels of analysis Islam,” a racist, contributing to the dehumanization of Muslims. His opponents consider his views dangerous because they open the gate to persecution of Muslims. (see here, here, and here). Islamophobia Watch finds him hard to please, to say the least. STEPHEN SCHWARTZ : A Sufi writer, director of the Center for Islamic Pluralism he blames the rise of Islamic fundamentalism on Wahabism, a puritan Islamic sect that has enormous influence in Saudi Arabia, and through them, throughout the world, The Two Faces of Islam : Saudi Fundamentalism and Its Role in Terrorism . Schwartz replies to accusations of Islamophobia. THE DANGER OF EQUATING CRITICISM WITH ISLAMOPHOBIA. As some feel justified in flappers definition denouncing Jewish use of the accusation of “anti-Semitism” to romeo naked scene, deflect legitimate criticism, however, so can Muslims use Islamophobia to flappers, deflect serious discussion about dangerous tendencies within Islam. Indeed, some define Islamophobia simply in terms of public image: One who contributes to a negative public presentation of Islam and/or Muslims; whose political views and/or scholarship shape how Islam is presented today. When any criticism or negative presentation of naked Islam becomes identified with Islamophobia, when any scholar who does not play the role of definition apologist can be so dismissed no matter how substantial his or her research, then the label has shifted from an important designation (and legitimate accusation) to shakespeare analysis, a weapon of propaganda designed to smear opponents. In such cases, Islamophobia becomes a particularly powerful form of definition demopathic discourse, insisting that any criticism of Islam is a form of rap about life demonizing hate language.

The problem arises when we look more closely at the data. The two cases, however they may share this similarity in being both the objects of vilification, differ in most ways. The Jews were a minority in flappers definition German (and other European) countries, with an understandably passive public discourse, and an extraordinary commitment to public law, as witnessed by their own passive obedience in assembling for Space Tourism Essay deportation. Definition. Despite this public profile of Jews in rap about life their culture, Germans were taken over by a ruthless ruler who had plans for world conquest and genocide, and appealed to them by flappers definition accusing the Jews of everything he planned to do. In other words, Hitler’s image of the Jew was the fevered projection of his own mad desires. Muslims today represent over a billion people – possibly the most numerous religion on earth. They largely do not have societies, and certainly not polities, ruled by law. By the what does the allusion poem standards of civil society, male violence has few restraints (honor-killings, vendetta, assassination). Muslims of many ethnic and denominational groups have, shouting “Allah is great!” blown themselves up in the midst of tens, hundreds and thousands of civilians, hoping to flappers, kill as many as possible. Muslims openly make calls for world conquest, violent attacks on civilians – Muslim and non-Muslim – glorified as holy martyrdom; and Space Essay a virulent discourse of world conquest and slaughter; and consider any Muslim who denies that terrorism in flappers definition a part of Essay Islam as a Kafir (unbeliever). Muslim and Arabic public discourse – media, circles of power – abound in conspiratorial thinking and action in which the “other” – especially the “Jew” – is, by definition, demonized.

Insofar as Islam is genuinely a religion of peace and tolerance for non-observant Muslims and non-Muslim neighbors, then sweeping generalizations about its ruthless imperial tendencies is indeed a form of Islamophobia. To the degree that Islam has yet to grapple with its own theocratic and imperialist elements (dar al Harb, which accounts for Islam’s bloody borders), to the degree that it has not yet developed a formal and powerful theological challenge to the Jihadi ideologies that drove an earlier, warrior culture to make war with the infidel, then fear and criticism of Islam by both non-Muslims and Muslims represents not paranoia but realistic concern. Flappers Definition. Nor need one express such concerns by shakespeare sonnet analysis demonizing. In order to explore where legitimate criticism crosses the boundary into demonizing hate speech, we must establish a fair approach that applies the same rules to everyone and enables us to register evidence soberly. Thus we cannot merely say, “even-handedly,” that any criticism of definition Islam or Judaism is hate speech and constitutes either Islamophobia or Judeophobia, regardless of how Muslims and Jews behave. Otherwise, demopaths can demand that no one criticize them, even as they engage in shakespeare sonnet analysis the worst kind of hate-speech and violence. THE PROBLEM WITH ISLAM. According to the PCP, Islam is a religion of peace. Flappers Definition. Violent Muslims, especially suicide terrorists, represent a “hi-jacking” of the religion, a deviation and distortion of the “true message” of Islam. Proponents of this perspective, including scholars like John Esposito and popularizers like Karen Armstrong, have dominated progressive public discourse for several decades. Even the President’s remarks in Essay about Alzheimer’s the aftermath of 9-11 reflected this public consensus.

The situation seems more than ironic. The US President, a man who had not even read the Quran in translation, tells the Muslims and the rest of the flappers definition world what their religion is really about? In the meantime, radical Muslims, fully conversant with the contents of the Quran openly disagree and romeo and juliet naked declare Islam a religion of war and flappers definition conquest, and romeo naked scene moderate Muslims noting Islamist use of definition violence in silencing criticism, bewail the role of Western intellectuals, who, alone, continue to insist that Islam is a religion of romeo scene peace. It is one thing to call oneself a religion of definition peace, another to act on those principles. The most disturbing aspect of Islam at the moment, is the reluctance of Islamic leaders has to denounce Islamic terrorism.

In July of rap about life 2005, international representatives from Muslim nations opposed a UN attempt to condemn violence in the name of flappers religion. And Juliet Scene. These appointed, and supposedly qualified Muslim representative’s, then, saw the international condemnation of all religious violence as a specific and unacceptable attack on flappers, Islam. Since the London bombings, a distinct shift to a more accommodating Islamic position at rap about life, least in flappers public declarations has occurred, but it is not clear how much that shift is a response to a fear of Essay retaliation. Perhaps the best way to illustrate this fundamental problem with Islam and civil society right now is the Muslim attitude towards those they label apostates (Muslims who leave the religion). Islamic law holds that apostates deserve death. Right now, the people who qualify as apostates, and are therefore deserving of death, are Muslims who criticize Islam or call attention to problems and the need to reform. Flappers. The standard response from the Islamic world to the voice of moderate Muslim dissent is outrage and what does the allusion to cain signify death threats which effectively silence those voices. Flappers. On the other hand, Muslims who engage in about Alzheimer’s Disease: and Treatments suicide terrorism, those people who according to definition, the PCP are ‘high-jacking’ and ‘perverting’ Islam, do not qualify as apostates according to three, prominent and flappers vocal Muslim theologians. Again, since the London bombings, there has been some movement towards condemning terrorism, although critics have questioned the Essay Alzheimer’s Causes and Treatments value and sincerity of the fatwa. The situation has a recipe for mafia-style protection rackets and a culture of homerta (silence) where violence and flappers its threat control public discourse. Muslims themselves represent the first and shakespeare most common target of flappers this violence, from the silenced reformers to the terrorism of Jihadis who consider the Space Tourism vast majority of Muslims as infidels who have regressed to the period of ignorance preceding the Prophet’s revelations (Jahaliyya).

The terrible tales of Iraq, Darfur, Algeria, etc. in which Muslim terrorists kill Muslim civilians, support the JP’s perception of flappers this violence as that of Essay about Disease: a fanatic religious war, the most daunting of enemies. One of the terrible truths with which those who will only swallow the PCP blue pill refuse to grapple, is that the first and worst victim of Jihadi Islamism is Muslims who do not join the movement, perhaps that very Islam which really is a religion of peace. In that sense, these forces represent enemies of all those people, Muslims, monotheists, polytheists, agnostics and atheists, who want to live in fruitful and peaceful relations with their neighbors. We are dupes when we wrongly identify demopaths as “moderates” and ignore genuine moderates. Tariq Ramadan presents himself as a moderate, and has been compared with Niebuhr and Tillich by enthusiastic scholars of religion, as a high-level advisor to the English government may please the PCP desire to silence “knee-jerk elements in the right-wing press and their prejudices,” but if Tariq Ramadan is flappers not a moderate, if his discourse, more closely examined, represents a “modern” reframing of the ideology of the Muslim Brotherhood, then the consequences of rap about life such trust may prove most dangerous. Were Ramadan a demopath aiming at a Muslim takeover of Europe, he would use his position to flappers definition, eliminate the hot-heads who give away the analysis game, and empower a whole generation of Muslim communities prepared to wait for a more opportune time, when the demographics improve. How to tell a demopath in this crowded field of noisy claimants to definition, tell us about rap about life, Islam? In this case, where Islam stands out right now for the intensity of its demonizing public discourse, the Geiger counter for detecting demopaths is quite simple: What do they say and flappers definition do about the hate speech that comes out of Islam, especially its Judeophobia? If they deny it, minimize it, make excuses, denounce it with empty formulas… if they engage in it when speaking to the choir… if, when pressed, they resort to accusations of Islamophobia and partisan bias against their critics… then the odds are, you’re either dealing with a demopath or an aggressive dupe.

For those committed to civil society’s values, to let such demopaths slide is to hold Muslims in moral contempt by what the allusion signify in the poem failing to flappers definition, apply the simplest of the rules of rap about life fairness. Why? For fear that they will not meet even those expectations? In any case, it condemns Muslims to a continued existence as the victims of flappers systematic cultural and religious violence. Nothing illustrates these dynamics better than the Danish cartoon incident — Islamic hyper-sensitivity to criticism, demopathic comparisons of these cartoons with Holocaust denial, the “Muslim street” rioting, Western fears and intimidation, and the effective extension of Sharia law to non-Muslim areas. The solution lies not in war, nor in demonizing, but in honest discourse, in sonnet supporting friends and challenging enemies; in making true friends and definition having the right enemies. So far, Islamophobia — the irrational fear of of analysis Islam — seems far more a term for demopaths to manipulate than a genuine identifier of a paranoid position.

29 Responses to Islamophobia and definition Criticism of Islam. […] Game Theory and Social Emotions Judeophobia: Anti-Judaism, Anti-Semitism, Anti-Zionism Islamo […] […] Game Theory and Social Emotions Judeophobia: Anti-Judaism, Anti-Semitism, Anti-Zionism Islamo […] […] Game Theory and Social Emotions Judeophobia: Anti-Judaism, Anti-Semitism, Anti-Zionism Islamo […] […] Game Theory and Social Emotions Judeophobia: Anti-Judaism, Anti-Semitism, Anti-Zionism Islamo […] […] Game Theory and Social Emotions Judeophobia: Anti-Judaism, Anti-Semitism, Anti-Zionism Islamo […] […] her to fear radical Islam and its easy spread within Muslim circles. The use of the accusation “Islamophobe” to shut down rational discussion has become one of the most irrational dimensions of current public […] […] Islamophobia and Criticism of Islam […] […] Criticism of Islam, then, by romeo and juliet scene both non-Muslims and Muslims, represents not paranoia but realistic concern, and definition therefore, in the words of Anders Gravers, – ( a dubious character, whith whom I do not symphazie ), – I repeat: […] here’s my 2 cents about rap about life, islam it’s supporters. thanks for definition reading. islam is a horrible ideology for human rights. 5 key things about rap about life, islam. 1. mythical beliefs – all religions have these (faith) because its part of being a religion: having beliefs without proof until after the believer dies. the problem is people will believe almost anything. 2. totalitarianism – islam has no seperation of flappers church and state: sharia law governs all. there is no free will in three levels islam: only submission to flappers, the will of allah as conveniently determined by the imams who spew vapors to feather their own nests. there are no moderate muslims: they all support sharia law.

3. violence – islam leads the pack of all religions in violent tenets for their ideology history: having eternal canonical imperatives for supremacy at all costs and calling for violence intimidation as basic tools to romeo and juliet, achieve these goals. 4. Flappers. dishonesty – only islam has dishonesty as a fundamental tenet: this stems from allah speaking to mohamhead abrogation in the koran which is used to explain how mo’s peaceful early life was superseded by his warlord role later. 5. misogyny – present day islam is levels of analysis still rooted in 8th century social ethics: treating females as property of men good only for children, severely limiting their activities, dressing them in shower curtains and worse. there really are NO redeeming qualities for this muddled pile of propaganda. islam is definition just another fascist totalitarian ideology used by power hungry fanatics on yet another quest for worldwide domination and includes all the usual human rights abuses suppression of freedoms. 1 page pdf version – do file/download 6kb viewer doesn’t show fonts well, has better fonts header footer links, great for emailing printing etc. Firstly the meaning of the word “Islamophobia” is prejudice against, hatred towards, or fear of Muslims or of about Alzheimer’s and Treatments ethnic groups perceived to be Muslim. While the term is widely recognized and used, both the term and the underlying concept have been criticized as a form of racism and discrimination. Do you not agree that it is flappers definition wrong to discriminate against naked scene someone because of their ethnic origin or the flappers definition colour of their skin? Then why do some people see it to be acceptable to discriminate against someone because of a harsh and biased generalization of their religion, and freedom of speech!

Recent events have generated a lot of debate about Islam, Muslims and rap about life freedom of speech. Unfortunately, much of that debate has fallen back upon tired arguments about flappers definition, not only what “Muslims are like” but also how those who oppose Islamophobia are somehow defending oppression or defending the unforgivable acts of extremists, for example 9.11. These overused arguments are evident in your response to this speech. Secondly isn’t Christianity just another “muddled pile of propaganda?” Furthermore, your argument about Islam being a violent religion is absolutely preposterous because if you weren’t so dim-witted you would have had the scene intellect to look up the meaning of the flappers definition word “Islam” before you wrote that pile of “muddled propaganda”. The word Islam comes from the rap about life word “Salam” meaning peace.

Thirdly, how can you generalize a whole religion based on a minority of extremists. If this was the flappers case then Christianity is rap about life just as “backward” and “barbaric” as you say Islam is, are you not forgetting the atrocities of the “KKK” who are still an flappers, organisation that exists today. So before you point your grubby un-educated finger at the East calling it “barbaric” just remember all the atrocities that we (The west) have committed. Thank you for reading, I would like to and juliet naked, hear your response. And sorry about the “grubby un-educated finger” thing, it just adds effec and flappers helps the response to flow. :) Mark – ‘if you weren’t so dim-witted you would have had the intellect to look up the meaning of the word “Islam” before you wrote that pile of “muddled propaganda”.

The word Islam comes from the word “Salam” meaning peace’ you have demonstrated here that you are able to sonnet, look up the flappers word ‘islam’ in a dictionary. If you looked in an encycopaedia, you would find the history of islam is does the allusion to cain in the one of violence and war and oppression. Flappers Definition. The crusades started 400 years after the muslims had invaded and conquered christian lands. The remarkable lack of about Alzheimer’s Disease: Causes diversity in religion in the middle east is because islamic states and societies put non believers to the sword. Flappers. convert or die. Furthermore, you also demonstrate that you are good at mindless acceptance of what you are told, that you do not have a critical thinking mind. Islam is rap about life a supremecist ideology which preaches love within the brotherhood, hate and death for all outside it. If you doubt it, read the koran. Engage your mind. Let me tell u something, Islam is not this oppressing, violence inducing religion. Thank you for listening, please get a life and adieu!

really. i’m so glad you think so. then please tell me why so many Muslims around the world, invoking their religion and their god are killing and oppressing people? it might be a small fraction, but even that means millions, and flappers definition they explicitly invoke their religion as their inspiration. […] Islamophobia and Criticism of Islam […] […] Islamophobia and Criticism of Islam […] […] Western value; Islam, like all other religions or philosophical ideas, will have to live with criticism in rap about life the West. Flappers Definition. Period. Sometimes that criticism will take an annoying or deliberately provocative […] […] Western value; Islam, like all other religions or philosophical ideas, will have to Alzheimer’s Disease: and Treatments, live with criticism in the West. Flappers. Period. Sometimes that criticism will take an levels of analysis, annoying or deliberately provocative […] […] Western value; Islam, like all other religions or philosophical ideas, will have to live with criticism in definition the West. Period. Space. Sometimes that criticism will take an definition, annoying or deliberately […]

WHY ISLAMIST PEOPLE ARE TRYING TO DESTROY THE WORLD, WHY SO MANY CRIMES IN ISLAMIST COUNTRIES, WHY ISLAMIST ARE SO IMMORAL, WHY SO MANY DRUGS ADDICTS IN ISLAMIST PERSON, WHY SO MANY PROSTITUTES IN THEIR LADIES, WHY SO MANY GAY AMONG THEM, WHY SO MANY ADULTING. do you have any evidence for these claims? […] to criticize it. But if that religion is Islam? Just the opposite. Liberals jump to defend the what the allusion to cain in the poem Islamic religious establishment with a seemingly contradictory fervor, often going to outrageously hyperbolic lengths in order to […]

Read: Critique of Islam by Obadiah at Kamuh.com. He is enlightened. So can you urge Muslim countries to allow Christians to flappers, worship without state persecution ? Islam has no place in Essay about Disease: Causes today’s world. Neither do most other religions. Religion is up to the person.

Why does it matter to you whether it exists or not? btw, I bet that’s what most of the worlds notorious racists say, so should I be worried abt the fact that we have the next hitler in our midst? religion should be up to the person, as far as i’m concerned. Flappers Definition. i’m trying to deal with people for whom it should not be up to the person, on the contrary, your religion should be up to rap about life, them. What is the accepted punishment for apostasy in Islam?