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Changes to this edition of 'The Law of Passing-off' include the extension of coverage of injurious falsehood, as well as of aspects of international law relevant to unfair competition.
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
The steady expansion of college enrollment rates over the last generation has been heralded as a major step toward reducing chronic economic disparities. But many of the policies that broadened access to higher education—including affirmative action, open admissions, and need-based financial aid—have come under attack in recent years by critics alleging that schools are admitting unqualified students who are unlikely to benefit from a college education. In Passing the Torch, Paul Attewell, David Lavin, Thurston Domina, and Tania Levey follow students admitted under the City University of New York’s “open admissions” policy, tracking its effects on them and their children, to find out whether widening college access can accelerate social mobility across generations. Unlike previous research into the benefits of higher education, Passing the Torch follows the educational achievements of three generations over thirty years. The book focuses on a cohort of women who entered CUNY between 1970 and 1972, when the university began accepting all graduates of New York City high schools and increasing its representation of poor and minority students. The authors survey these women in order to identify how the opportunity to pursue higher education affected not only their long-term educational attainments and family well-being, but also how it affected their children’s educational achievements. Comparing the record of the CUNY alumnae to peers nationwide, the authors find that when women from underprivileged backgrounds go to college, their children are more likely to succeed in school and earn college degrees themselves. Mothers with a college degree are more likely to expect their children to go to college, to have extensive discussions with their children, and to be involved in their children’s schools. All of these parenting behaviors appear to foster higher test scores and college enrollment rates among their children. In addition, college-educated women are more likely to raise their children in stable two-parent households and to earn higher incomes; both factors have been demonstrated to increase children’s educational success. The evidence marshaled in this important book reaffirms the American ideal of upward mobility through education. As the first study to indicate that increasing access to college among today’s disadvantaged students can reduce educational gaps in the next generation, Passing the Torch makes a powerful argument in favor of college for all.
“There is therefore now no condemnation for those who are in Christ Jesus.” — Romans 8:1 Shame is an assault on the core of who we are. It assassinates our character, minimizes our worth, and dashes our hope. Like Adam and Eve, we often hide shame, but hiding never heals it. Left unattended, shame can develop into a crippling reality that paralyzes us. Like an infectious disease, shame impacts everyone . . . but not all shame is bad. Shame can either be an oppressive and powerful tool of worldly condemnation or a source of conviction that God uses to bring his people back to himself. Having the discernment to know the difference and recognize shame in its many forms can change the course of one’s life. In a transparently honest style, Pass shares of her experience dealing with shame after learning that her former husband was a sexual offender. Having lived through the aftermath, she leads you into God’s Word where you will see for yourself that God is bigger than your pain, shame, mistakes, and limitations. Shame Off You shares how freedom can be found in choosing to break the cycle of shame by learning from the past, developing healthy thinking patterns, silencing lies, and overcoming the traps of vanity and other people's opinions.
In the 21st century intellectual property law continues to be a challenging and immensely varied subject and one of great contemporary relevance. Embracing a wide range of human endeavours from science and new technology to the entertainment industry, it is intimately tied up with the expansion of publishing and commerce over the Internet. At the same time, the courts have continued to show that many older principles of intellectual property law have a contemporary relevance and may be creatively applied to address modern problems and situations.; Questions and Answers on Intellectual Property Law aims to equip students with a grounding in the key concepts in intellectual property law. With a mixture of both problem and essay questions(many based on real situations), it demonstrates how to answer both course work and exam questions effectively. It includes chapters on copyright, design rights, the law of registered and unregistered trade marks, character merchandising and malicious falsehood. Extensively revised and updated since the last edition, it provides both a valuable teaching aid and study guid
Between the eighteenth and mid-twentieth centuries, countless African Americans passed as white, leaving behind families and friends, roots and community. It was, as Allyson Hobbs writes, a chosen exile, a separation from one racial identity and the leap into another. This revelatory history of passing explores the possibilities and challenges that racial indeterminacy presented to men and women living in a country obsessed with racial distinctions. It also tells a tale of loss. As racial relations in America have evolved so has the significance of passing. To pass as white in the antebellum South was to escape the shackles of slavery. After emancipation, many African Americans came to regard passing as a form of betrayal, a selling of one’s birthright. When the initially hopeful period of Reconstruction proved short-lived, passing became an opportunity to defy Jim Crow and strike out on one’s own. Although black Americans who adopted white identities reaped benefits of expanded opportunity and mobility, Hobbs helps us to recognize and understand the grief, loneliness, and isolation that accompanied—and often outweighed—these rewards. By the dawning of the civil rights era, more and more racially mixed Americans felt the loss of kin and community was too much to bear, that it was time to “pass out” and embrace a black identity. Although recent decades have witnessed an increasingly multiracial society and a growing acceptance of hybridity, the problem of race and identity remains at the center of public debate and emotionally fraught personal decisions.
Harlem Renaissance author Nella Larsen (1891 –1964) published just two novels and three short stories in her lifetime, but achieved lasting literary acclaim. Her classic novel Passing first appeared in 1926.
This “important and timely” (Drew Faust, Harvard Magazine) #1 New York Times bestseller examines the legacy of slavery in America—and how both history and memory continue to shape our everyday lives. Beginning in his hometown of New Orleans, Clint Smith leads the reader on an unforgettable tour of monuments and landmarks—those that are honest about the past and those that are not—that offer an intergenerational story of how slavery has been central in shaping our nation's collective history, and ourselves. It is the story of the Monticello Plantation in Virginia, the estate where Thomas Jefferson wrote letters espousing the urgent need for liberty while enslaving more than four hundred people. It is the story of the Whitney Plantation, one of the only former plantations devoted to preserving the experience of the enslaved people whose lives and work sustained it. It is the story of Angola, a former plantation-turned-maximum-security prison in Louisiana that is filled with Black men who work across the 18,000-acre land for virtually no pay. And it is the story of Blandford Cemetery, the final resting place of tens of thousands of Confederate soldiers. A deeply researched and transporting exploration of the legacy of slavery and its imprint on centuries of American history, How the Word Is Passed illustrates how some of our country's most essential stories are hidden in plain view—whether in places we might drive by on our way to work, holidays such as Juneteenth, or entire neighborhoods like downtown Manhattan, where the brutal history of the trade in enslaved men, women, and children has been deeply imprinted. Informed by scholarship and brought to life by the story of people living today, Smith's debut work of nonfiction is a landmark of reflection and insight that offers a new understanding of the hopeful role that memory and history can play in making sense of our country and how it has come to be. Winner of the National Book Critics Circle Award for Nonfiction Winner of the Stowe Prize Winner of 2022 Hillman Prize for Book Journalism A New York Times 10 Best Books of 2021
A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and Passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.