A Comparison of Shelleys Frankenstein and Rifkins Biotech Century Ess

Shelleys Frankenstein and Rifkins Biotech Century Human beings are created by God, who intends that they reproduce and flourish amongst themselves. However, with the accomplishments of science, ideas that were thought to be impossible are becoming possible inside prove labs for example, scientists have found a way of creating lifetime without requiring sexual reproduction. Further more, scientists are now experimenting with cloning other living things. Jeremy Rifkin explains in Biotech Century . . . that science offers a door to a new era of history where the genetic blueprints of evolution itself become subject to human authorship (245). One may entreat that scientists are now assuming the role of God by manipulating science and leading humankind to a biotech century. While this may seem to be a success to most scientists, they must be aware of the harm they can cause human life and be prepared to take responsibility contrasted Victor Frankenstein, in bloody shame Shelleys Frankenstein, who uses his knowledge to assemble a grotesque manlike creature . . . horrified by what he has done, abandons it the moment he brings it to life (Ruszkiewicz 231). Because he sees his creation as a failure and refuses to accept responsibility for his actions, the monster turns destructive, killing people close to Frankenstein. Although both Rifkin and Shelleys writings stress interchangeable concerns, they differ in certain aspects. One difference between Rifkin and Shelley, is that Rifkin looks at science as being partly a positive contribution to society, involving wide amounts of money (246). He also believes that scientists can continue to use science for a more positive way, if and when... ... Dolly. CNN.com. 9 Dec. CNN Health. <http//www.cnn.com/NATURE/9905/26/dolly.clone.02/index.html> . Frankenstein by Mary Shelley. A play by Nick DiMartino, Direct. Moses Goldberg. Narr. Professor McNamer. Global Stage Production. WLIW21 Presen tation. Class Movie. ZRB 1201. Fall Semester, November 25, 2002. Kahn, Jeffrey P. Choosing Our Childrens Future or Choosing Our Future Children? CNN.com. 25 Nov. CNN Health. <http//www.cnn.com/2002/HEALTH/03/04/ethics.matters/index.html> . Rifkin, Jeremy. Biotech Century. The comportment of Others. 3rd ed. Ed. Andrea A. Lunsford and John J. Ruszkiewicz. New York St. Martins, 2000. 244-245 Shelley, Mary. Frankenstein. The Presence of Others. 3rd ed. Ed. Andrea A. Lunsford and John J. Ruszkiewicz. New York St. Martins, 2000. 231-232

Corruption of the American Dream in the Great Gatsby by F. Scott Fitzge

Broken romances and Fallen Themes In The Great Gatsby, Fitzgerald employs the use of characters, tooth roots, and symbolism to convey the idea of the American Dream and its corruption through the aspects of wealth, family, and status. In regards to wealth and success, Fitzgerald makes clear the growing corruption of the American Dream by using Gatsby himself as a symbol for the spoil dream throughout the text. In addition, when portraying the family the characters in Great Gatsby are used to expose the corruption growing in the family system present in the novel. Finally, the American longing for status as a citizen is gravely overshot when Gatsby surrounds his life with walls of lies in order to fulfill his desires for an impure dream. F. Scot. Fitzgerald, through his use of symbols, characters, and theme, displays for the ratifier a tale that provides a commentary on the American dream and more importantly on its corruption. Though success lies at the heart of the American dr eam, Fitzgerald deftly portrays the ease with which this sacred idea can become tainted by commenting on the corruption of wealth. Gatsby exemplifies the American dream in his ideals, in this movement the desire for success and self-substantiation however, this dream become corrupted because he is not able to distinguish the acquisition of wealth from the pursuit of his dream, embodied by Daisy, and is tainted by the illicit foundations of his wealth as well as his desires for an unsuitable married woman. Fitzgerald uses the symbol of the common land light at the beginning of the novel to bring Gatsbys dream and even uses the light to introduce him for the first time. He Gatsby stretched his arms out towards the dark water in a curious way, and as far as I was from him, I could have sworn he was trembling. Involuntarily I glanced seaward- and distinguished nothing but a single green light, minute and far away(Fitzgerald 26). The author uses the light to represent the American dre am initially the color green represented fertility, which plays a prominent eccentric in the dream, but as the story progresses the green light grows to symbolize coin. In his essay Money, Love, and Aspiration, Roger Lewis discusses the means by which Gatsby amasses his wealth and poisons his dream.Gatsbys money does not smell right- however explicitly tacitly condoned by the denizens of Gatsbys world illegal... ...n dream can poison the family. In addition, at one plosive speech sound in the book, Gatsby works with Nick to bring her over so that he can see her again and show her his house. The moment when they appear truly felicitous together occurs when they are together in Gatsbys gardens. Fitzgerald plays upon the classic garden image to show that the two are only happy in their naturally state, but they are not they live in the world tainted by the actions and more specifically the failings of mankind. Furthermore, Roger Lewis implies the importance of the valley of ashes in the portrayal of the theme of Gatsby.In brief, the world of The Great Gatsby can seem as sordid, loveless, commercial, and dead as the ash heaps presided over by the eyes of dr. T.J. Eckleburg. Indeed, this atmosphere is so essential that one of the alternate titles Fitzgerald considered was Among the Ash-Heaps and Millionaires. Fitzgerald using the valley of ashes, illustrates an environment where love has lost its place, which destroys hope for a family the eyes of T.J. Eckleburg, clearly intended to represent those of god, emphasizes that this omit of love and filial piety in a sin against themselves as well as society and God

The Progression of the Medium Change between the Painting with the Digi

The Progression of the Medium Change between the Painting with the digital ImageAlbert Borgmann, in his Technology and the Character of Contemporary Life, devises the device paradigm as an illustration of the pattern into which the stuff that defines technological existence falls. Even though Borgmann writes his book in 1984, it is of value to examine the paradigm in context of current developments of technological society. It becomes a question of whether the device paradigm is still applicable to the current technological setting, or if it is truer now than even before. It is thus taken into consideration in light of the specific instance of the thing, as Borgmann uses it, that is a word- moving picture prior to the modern period. The specific thing of a painting is contrasted to the technological device of a digital image. The progression of the medium change between the painting to the digital image will be examined as well as the skill it takes to produce them. Availabili ty of these is observed, along with the consequence of such a metabolic process in the essence of the thing and device.First, however, Borgmann states the thing as a pretechnological object in the Heideggerian sense. The thing gathers the fourfold, being earth, sky, mortals, and divinity. Thus it is something which reveals the world in all its aspects. In this case, a painting of the medieval times is one which is created by a master. The master has undergone a lifetime of training under another master, and the business of the humanistic discipline is under the guild system. A single painting would take many weeks to complete, and all instruments in its creation are known instinctively to the master. The pigments are contact ground and prepared, as are the brushes and th... ...into a commodity of affluence, and that is what produces disengagement. Affluent commodities disengage in their diversion from focal things, which result in legal separation from reality and detachm ent from the world. As the world is revealed through technological devices, it is no longer a world of humanity, but a world of technology and its devices. Such an existence deteriorates into privacy and depression, both of which are detrimental to the being of humanity. In truth, it can be said, by line of the preceding argument, that technological existence may well stupefy about the extinction of the human race, unless it is counteracted. This counteraction, may, as Borgmann claims, lie in a counterbalance of focal things and practices.Works CitedBorgmann, Albert. Technology and the Character of Contemporary Life. wampum University of Chicago Press. 1984.

Motivation, Communication and Leadership Theory Essay -- Business and

Motivation, Communication and Leadership TheoryIn this essay I ordain discuss the mixed disparate theories onmotivation such as scientific management e.g. Taylor as well thehumans relation approach such as Maslow and Herzberg and how they subsume to organisations improving their overall effiencentcy. Anotheraspect that I will discuss in the following essay will also be howcommunication posterior affect the productivity of a alliance, I will alsorelate this to motivational scheme. The final aspect of my essay thatI will include is discussing how different leadership styles canaffect the overall productivity of a given company.One motivation theory that some companies used to use was thescientific approach, this was perplex forward by Taylor. It was mainlyused in the late 1800s and early 1900s. Taylor developed his theorywhile he was consummationing his way up from labourer to works manager in anUS steel mill. His theory states that man is a rational economicalanimal concerned with maximising his economic gain. He also statedthat people respond as individuals not groups and he believed peoplecould be treated in a standardised agency like machines.The basic principle that is underlying this approach is if you studywhat happens when you the change different variables in a situation,this will tell you how best to organise the work force. This theory asmenti whizd before relies on the fact that human beings will actrationally and respond to the available incentives. The whole ofTaylors theory is establish on the fact that he believes human argon solelymotivated by money.I believe that this motivational theory is flawed to a authentic degreebecause people do not just work for money they also work to socialiseand many other factors like earning respect from baby buster employees.Taylors theory is based on the fact that your pay should be linked toyour output. This prospect does not appeal to all people as we aredifferent in many ways, it may also lead to emp loyees cutting cornersto make it appear they have done more than they have. This is counterproductive to increase productivity because then the product is justof sub standard quality and most of the time quality is more importantthan quantity in business. Taylors theory was mainly used in the late1800s and early 1900s this shows that his theory is out of date and... ...utcome will be the positive oneyou want.I think that if this theory was used in conjunction with the previoustwo theories it could benefit some companies very well if they appliedif correctly. It would lead to an increase in productivity even thoughthis may only be in the short term, but with regular training coursesand interactions with the people at the top of the company thisincreased train of productivity could be kept at the increased levelwith benefit to employer and employee.There are three main types of leadership one is an autocratic leader.This type of leader will take important decisions without consultin gcolleagues who are lower overthrow the hierarchy. This may in general hang the productivity of employees lower than the leader and thisin turn will lower the productivity on the company overall. The mainreason for this is the fact that the employees lower down thehierarchy will not feel valued because there input is not required indecision making even though they will undoubtedly have valid points toput forward. This will lead to decreased productivity because theyfeel less valued because they are not at the level in the hierarchy.

Euthanasia Essay -- Mercy Killing Papers

Euthanasia The term Euthanasia comes from the Greek word for easy death. It is the one of the almost public policy issues being debated about today. Formally called mercy killing, euthanasia is the act of purposely making or helping both(prenominal)one die, instead of allowing nature to dispense its course. Basically euthanasia means killing in the name of compassion. Euthanasia, can be either voluntary, passive, or positive, Voluntary involves a request by the destruction patient or their legal representative. Passive involves, doing nothing to prevent death - allowing someone to die. Positive involves taking deliberate action to cause a death. Euthanasia, at the moment is illegal throughout the world apart from in the State of Oregon, where there is a law specifically allowing doctors to prescribe lethal drugs for the purpose of euthanasia. In the Netherlands it is practised widely, although, in fact, it remains illegal. I believe that everyone has the right to choose how they live and die. Everyone deserves respect, freedom and the power to control their own destiny. Not everybody allow for bedevil an easy death. Some terminal pain cannot be controlled, even with the best of care and the strongest of drugs. Other distressing symptoms, which come with diseases, such as sickness, no mobility, incontinence, dickhead and fever cannot al managements be relieved. Pain is not always the issue - quality of life is too. Most people want to die with dignity, but some people may spend the last moments of their life, in a way which to them, is undignified. Having the right to control over their own life and death helps people adjudge human dignity in the face ... ...nimal is put to sleep. The owner is upset over the loss but they feel that they have done the right thing, by putting the pet out its misery. I do not think we can look at human life in the same way however, as humans are treated better than animals and have more respect. But what is better, letting someone suffer a prolonged and very painful life, or allowing him or her to die with dignity, in peace and without pain? This issue needs a lot of thought. Many people agree with voluntary euthanasia, many disagree but there is also a large amount of people undecided on the matter. The time will come when the Government and medical serve will have to open their eyes to euthanasia, and there will be a lot of debate on the subject. Until then the euthanasia debate will continue to linger, like a terminal disease.

Euthanasia Essay -- Mercy Killing Papers

Euthanasia The term Euthanasia comes from the Greek word for easy death. It is the one of the most public policy issues being debated about today. officially called mercy killing, euthanasia is the act of purposely making or helping someone die, instead of allowing nature to take its course. Basically euthanasia means killing in the name of compassion. Euthanasia, can be either voluntary, passive, or positive, Voluntary involves a request by the dying patient or their legal representative. Passive involves, doing postal code to prevent death - allowing someone to die. Positive involves taking deliberate action to cause a death. Euthanasia, at the moment is illegal throughout the world by from in the State of Oregon, where in that respect is a law specifically allowing doctors to prescribe lethal drugs for the purpose of euthanasia. In the Netherlands it is practised widely, although, in fact, it remains illegal. I accept that everyone has the right to choose how they live and die. Everyone deserves respect, freedom and the power to control their own destiny. Not everybody will defend an easy death. Some terminal upset can non be controlled, even with the best of care and the strongest of drugs. Other distressing symptoms, which come with diseases, such as sickness, no mobility, incontinence, breathlessness and fever cannot always be relieved. Pain is not always the issue - quality of life is too. Most people want to die with dignity, but some people may spend the last moments of their life, in a way which to them, is undignified. Having the right to control over their own life and death helps people keep human dignity in the face ... ...nimal is fix to sleep. The owner is upset over the loss but they feel that they have done the right thing, by putting the pet out its misery. I do not think we can look at human life in the same way however, as humans are treated better than animals and have more respect. But what is better, letting someone suffer a prolonged and very painful life, or allowing him or her to die with dignity, in peace and without pain? This issue needs a lot of thought. Many people agree with voluntary euthanasia, many disagree but there is also a rangy amount of people undecided on the matter. The time will come when the Government and medical services will have to open their eyes to euthanasia, and there will be a lot of debate on the subject. Until then the euthanasia debate will continue to linger, like a terminal disease.

Domestic Violence Research Critique Essay

IntroductionDomestic do by is a problem in the USA, and the search article that I am critiquing is studying the intensity level of screening for interior(prenominal) abuse in health care pre-screening settings. Domestic abuse is a hard situation for the woman going through it and oft magazines its a hard subject to discuss. In order to help women with this process its important that as health care providers we make the complexities of domestic abuse and become educated on how to approach the situation with patients. Throughout this critique we provide discuss how this protects the patient, how data was obtained, how the data was managed/analyzed, and how it was interpreted.Protection of tender ParticipantsThis study is ultimately helping promote awareness/protection to patients in a health care setting by addressing the possibility of domestic abuse in each situation. The study consisted of measuring the rate of domestic abuse in the presence and absence of screenings. The st udy also compared the outcomes of interventions with women with k todayn abuse from a male with women not receiving interventions who gift been abused. at that place is a need for women to be able to get to a safer place such as a mendeleviums office and discuss private matters so they dont feel threatened. Most women have a hard time discussing any issues regarding domestic abuse they have had because they fear losing something they loved so deeply.DataThe data that was pul take was from multiple sources sources included research articles combined with survey results from different medical professionals. The research articles were used to formulate the questions presented in the survey handed out the medical professionals. The three questions presented were Do women patients and health professionals square upscreening for domestic violence bankable? Do screening programs increase the identification of women who are experiencing domestic violence?Do interventions with women ide ntified in healthcare settings improve outcomes? (Ramsay, Richardson, Carter, Davidson, Feder 2002). According to the study virtually physicians and emergency care workers were not in favor of the screening. Women who were surveyed as to whether they think it would be helpful to be screened at their physicians office were generally in favor by 75%. An separate study that researched an emergency departments response to nurses screening for a history of abuse and 53% were in favor.ProblemsThe lack of solid information and research articles led to more extraneous variables. The research articles in play had lack of information and timbre information. There was no monitoring of the quality of items extracted from the information from the medical records, consort to this research article. Also another variable would be women who have a hard time speaking up about domestic violence even if it did happen to them, they may not speak about it and it would be a low quality outcome. The ar ticle talked about how women who had been abused dealt with the pain of the abuse after and if they sought out help?Analysis of Data85% of women found the screening in health care settings acceptable, which is positive in relation to the fact that women care about their safety. 2 surveys found that two thirds of health care providers and emergency agency nurse were not in favor of screening for domestic abuse. The results of the data collected were hard to analyze because the collection of data gained for this research study wasnt solid and there were a lot of different variables. At the time this research study was conducted there wasnt a system of screening women for abuse.Findings/ reading materialIn the year 2015 most hospital facilities add it to part of their admission screen. The findings in this quantitative research analysis didnt support that outcome. Healthcare providers, according to the data in this study, werent agreeable to the benefits of having a screening for wome n for domestic abuse (Ramsay, Richardson, Carter, Davidson, Feder, 2002). There are holes in the data collected as utmost as to why the healthcare providersfelt like this wouldnt benefit women. There are a lot of domestic abuse cases, and I bank these findings were proven wrong many years later due to the fact we prescreen men and women in our present hospital facilities. The limitations found by the researchers included faulty research/data collection done by the researchers who wrote the articles referenced in this research analysis. The research presented will set other researchers on the path to find answers to this ongoing problem of domestic abuse. I believe that in the future we will be more thoroughly trained on the signs and symptoms of abuse, and certain reminds we as nurses can look for. As healthcare providers its important that we interject when we feel our patient is unsafe.ConclusionDomestic Abuse is unfortunately happening all around us in the USA. Using and bui lding off research studies such as this quantitative research analysis will help us open our minds to different answers. According to this research study the women interviewed about if they think its a good idea to pre-screen for domestic abuse. This could have been skewed in a lot of ways, but one situation that makes the most sense is talking with your physician about this problem. Usually people visualise physicians offices as a safe zone.As long as they dont feel threatened they tend to open up a act more. When the research study points to the health care providers that arent willing/or dont want to do the pre-screening for domestic abuse, it makes you wonder if there were other factors involved in their interview process. This study was inconclusive in regards to lack of quality information from the stated research articles. The base of this research study led us to believe that pre-screenings for women being seen in a physician offices arent necessary. The research had obvio usly gone further than this article due to the fact we now pre-screen everyone in a hospital setting.ReferenceRamsay, J., Richardson, J., Carter, Y. H., Davidson, L. L., & Feder, G. (2002). Should health professionals screen women for domestic violence? Systematic review. Bmj, 325(7359), 314.

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AMERICAN CULTURE Visual and per realizeing contrivances 3. blindistrys and letters The nontextual matters, more than other features of conclusion, hand over a locales for the expression of imagination and personal vision. They offer a range of emotional and intellectual pleasures to consumers of wile and are an pregnant way in which a culture represents itself. There has long been a Western custom distinguishing those machinations that appeal to the multitude, much(prenominal) as popular unison, from those such as innocent orchestral medicinal drugnormally expenditureable to the elite of learning and taste.Popular maneuver forms are usually seen as more phonation the Statesn products. In the united States in the unripened past, there has been a blending of popular and elite maneuver forms, as all the humanistic discipline experienced a period of remarkable cross-fertilization. Because popular cunning forms are so widely distributed, humanistic discipline of all kinds have prospered. The arts in the join States express the some(prenominal) faces and the enormous creative range of the American citizenry. Especially since World fight II, American innovations and the immense energy displayed in literature, leap, and melody have made American heathenish plant reality famous. arts in the fall in States have become internationalistly prominent in ways that are unparalleled in history. American art forms during the secondly half(a) of the twentieth light speed oft defined the geniuss and qualities that the rest of the world emulated. At the end of the twentieth light speed, American art was considered follow in quality and vitality to art produced in the rest of the world. Throughout the twentieth century, American arts have grown to incorporate sore visions and voices. overmuch of this immature esthetic energy came in the wake of Americas emergence as a superpower after World War II.But it was likewise due to the growth of bare-assed York metropolis as an important center for publishing and the arts, and the immigration of artists and intellectuals fleeing fascism in Europe before and during the war. An outpouring of talent besides followed the civil rights and protest elbow greases of the 1960s, as cultural discrimination against blacks, women, and other groups diminished. American arts flourish in many places and receive underpin from private foundations, humongous corporations, local governments, federal agencies, museums, galleries, and somebodys.What is considered magna cum laude of brave lots depends on definitions of quality and of what constitutes art. This is a tricky subject when the popular arts are increasingly compound into the domain of the fine arts and new forms such as cognitive operation art and conceptual art appear. As a result, defining what is art affects what students are taught about past usages (for example, Native American tent characterisations, oral traditio ns, and slave narratives) and what is produced in the future.While some practiti acers, such as studio artists, are more endangered to these definitions because they depend on financial choke to exercise their talents, others, such as poets and photographers, are less immediately cons adept. subterfugeists operate in a world where those who meditate and critique their work have taken on an increasingly important role. Audiences are influenced by a variety of intermediariescritics, the schools, foundations that offer grants, the discipline Endowment for the Arts, impetus owners, publishers, and theater producers.In some areas, such as the performing arts, popular audiences may ultimately define supremacy. In other arts, such as painting and sculpture, success is farther more dependent on critics and a few, often wealthy, art collectors. Writers depend on publishers and on the public for their success. Unlike their predecessors, who relied on formal criteria and appealed to artistic judgments, critics at the end of the twentieth century leaned more toward popular tastes, taking into account groups previously ignored and valuing the merger of popular and elite forms.These critics often relied less on aesthetic judgments than on affectionate measures and were eager to place artistic productions in the context of the time and social conditions in which they were drawd. Whereas in front critics attempted to create an American tradition of high art, later critics utilise art as a means to give power and approval to nonelite groups who were previously not considered worthy of including in the nations artistic heritage. Not so long ago, culture and the arts were assumed to be an unalterable inheritancethe accumulated wisdom and highest forms of feat that were tack togethered in the past.In the 20th century generally, and certainly since World War II, artists have been boldly destroying older traditions in sculpture, painting, trip the light fantastic, unison, and literature. The arts have changed rapidly, with one movement replacing another in quick succession. a) Visual arts. The optical arts have traditionally included forms of expression that appeal to the eyes through painted go ups, and to the sense of space through carved or molded materials. In the nineteenth century, photographs were added to the paintings, drawings, and sculpture that make up the visual arts.The visual arts were throw out augmented in the 20th century by the addition of other materials, such as found objects. These changes were accompanied by a profound rewrite in tastes, as foregoing strain on realistic representation of people, objects, and landscapes made way for a greater range of grotesque forms. During the late 19th and early 20th centuries, American art was considered inferior to European art. Despite noted American painters such as Thomas Eakins, Winslow Homer, Mary Cassatt, and John Marin, American visual arts still had an internation al presence.American art began to flourish during the ample Depression of the mid-thirties as parvenue Deal government programs provided concomitant to artists along with other sectors of the population. Artists connected with separately other and develop a sense of common purpose through programs of the Public Works Administration, such as the federal Art Project, as easily as programs sponsored by the Treasury Department. Most of the art of the period, including painting, picture taking, and mural work, focused on the plight of the American people during the depression, and just about artists painted real people in difficult circumstances.Artists such as Thomas Hart Benton and Ben Shahn expressed the suffering of ordinary people through their representations of fight farmers and workers. While artists such as Benton and Grant Wood focused on folksy life, many painters of the 1930s and 1940s depicted the multicultural life of the American city. Jacob Lawrence, for examp le, re-created the history and lives of African Americans. Other artists, such as Andrew Wyeth and Edward Hopper, tried to use human figures to describe emotional states such as loneliness and despair. analysis Expressionism.Shortly after World War II, American art began to garner worldwide attention and admiration. This change was due to the advance(a) fervor of scheme expressionism in the mid-fifties and to subsequent red-brick art movements and artists. The kidnap expressionists of the mid-20th century broke from the realist and figurative tradition set in the 1930s. They emphasized their connection to international artistic visions quite than the particularities of people and place, and more or less abstract expressionists did not paint human figures (although artist Willem de Kooning did portrayals of women).Color, shape, and movement dominated the canvases of abstract expressionists. virtually artists broke with the Western art tradition by adopting innovative painting stylesduring the 1950s Jackson Pollock painted by dripping paint on canvases without the use of brushes, part the paintings of Mark Rothko often consisted of large patches of color that be to vibrate. Abstract expressionists felt alienated from their surrounding culture and used art to challenge societys conventions. The work of each artist was quite individual and distinctive, but all the artists identified with the perfectism of artistic creativity.The artists were eager to challenge conventions and limits on expression in order to redefine the disposition of art. Their radicalism came from liberating themselves from the confining artistic traditions of the past. The nigh leading light activity took place in New York City, which became one of the worlds near important art centers during the second half of the 20th century. The radical fervor and inventiveness of the abstract expressionists, their frequent association with each other in New York Citys Greenwich Village, and the support of a group of purport owners and dealers turned them into an artistic movement.Also known as the New York School, the participants included Barnett Newman, Robert Motherwell, Franz Kline, and Arshile Gorky, in addition to Rothko and Pollock. The members of the New York School came from diverse backgrounds such as the American midwestern United States and Northwest, Armenia, and Russia, bringing an international flavor to the group and its artistic visions. They hoped to appeal to art audiences everywhere, regardless of culture, and they felt connected to the radical innovations introduced earlier in the 20th century by European artists such as Pablo Picasso and Marcel Duchamp.Some of the artistsHans Hofmann, Gorky, Rothko, and de Kooningwere not born in the United States, but all the artists maxim themselves as part of an international creative movement and an aesthetic rebellion. As artists felt released from the boundaries and conventions of the past and apologize t o emphasize expressiveness and innovation, the abstract expressionists gave way to other innovative styles in American art. fount in the 1930s Joseph Cornell created hundreds of boxed assemblages, usually from found objects, with each based on a single theme to create a mood of thought processfulness and sometimes of reverence.Cornells boxes exemplify the modern fascination with individual vision, art that breaks down boundaries between forms such as painting and sculpture, and the use of commonplace objects toward a new end. Other artists, such as Robert Rauschenberg, combined disparate objects to create large, collage-like sculptures known as combines in the 1950s. Jasper Johns, a painter, sculpturer, and printmaker, recreated countless familiar objects, roughly memorably the American flag. The most prominent American artistic style to follow abstract expressionism was the pop art movement that began in the 1950s.Pop art attempted to connect traditional art and popular cultu re by using images from mass culture. To shake viewing audience out of their preconceived notions about art, sculptor Claes Oldenburg used everyday objects such as pillows and beds to create witty, soft sculptures. Roy Lichtenstein took this a step further by elevating the techniques of commercial art, notably cartooning, into fine art worthy of galleries and museums. Lichtensteins large, blown-up cartoons fill the surface of his canvases with grainy black dots and question the existence of a distinct realm of high art.These artists tried to make their audiences see ordinary objects in a rattling new way, thereby breaking down the conventions that formerly defined what was worthy of artistic representation. Probably the best-known pop artist, and a leader in the movement, was Andy Warhol, whose images of a Campbells soup can and of the actress Marilyn Monroe explicitly eroded the boundaries between the art world and mass culture. Warhol overly cultivated his position as a celebr ity. He worked in film as a director and producer to break down the boundaries between traditional and popular art.Unlike the abstract expressionists, whose conceptual works were often difficult to understand, Andy Warhols pictures, and his own face, were irregularly recognizable. Conceptual art, as it came to be known in the 1960s, like its predecessors, sought to break free of traditional artistic associations. In conceptual art, as practiced by Sol LeWitt and Joseph Kosuth, concept takes precedent over actual object, by stimulating thought rather than following an art tradition based on conventional standards of beauty and artisanship.Modern artists changed the meaning of traditional visual arts and brought a new imaginative dimension to ordinary experience. Art was no longer viewed as separate and distinct, housed in museums as part of a historical inheritance, but as a continuous creative process. This emphasis on constant change, as well as on the ordinary and mundane, refle cted a distinctly American democratizing perspective. Viewing art in this way withdraw the emphasis from technique and polished performance, and many modern artworks and experiences became more about expressing ideas than about perfecting finished products. Photography.Photography is probably the most democratic modern art form because it can be, and is, practiced by most Americans. Since 1888, when George Eastman unquestionable the Kodak camera that allowed anyone to take pictures, picture taking has struggled to be recognized as a fine art form. In the early part of the 20th century, photographer, editor, and artistic impresario Alfred Stieglitz completed 291, a gallery in New York City, with cranny photographer Edward Steichen, to showcase the works of photographers and painters. They besides published a magazine called Camera Work to increase awareness about photographic art.In the United States, photographic art had to compete with the widely available commercial photogra phy in news and fashion magazines. By the 1950s the tradition of photojournalism, which presented news stories in the main with photographs, had produced many outstanding works. In 1955 Steichen, who was director of photography at the Museum of Modern Art in New York, called attention to this work in an exhibition called The Family of Man. Throughout the 20th century, most professional photographers earned their nutriment as portraitists or photojournalists, not as artists.One of the most important exceptions was Ansel Adams, who took majestic photographs of the Western American landscape. Adams used his art to stimulate social awareness and to support the conservation cause of the Sierra Club. He helped found the photography department at the Museum of Modern Art in 1940, and six years later helped establish the photography department at the California School of Fine Arts in San Francisco (now the San Francisco Art Institute). He as well held annual photography workshops at Yose mite National Park from 1955 to 1981 and wrote a series of influential books on photographic technique.Adamss elegant landscape photography was only one small stream in a growing current of interest in photography as an art form. Early in the 20th century, teacher-turned-photographer Lewis Hine established a documentary tradition in photography by capturing actual people, places, and events. Hine photographed urban conditions and workers, including child laborers. Along with their artistic value, the photographs often implicitly called for social reform. In the 1930s and 1940s, photographers joined with other depression-era artists support by the federal government to create a hotographic record of rural America. Walker Evans, Dorothea Lange, and Arthur Rothstein, among others, produced memorable and widely reproduced portraits of rural poverty and American distress during the Great Depression and during the dust storms of the period. In 1959, after touring the United States for two years, Swiss-born photographer Robert Frank published The Americans, one of the landmarks of documentary photography. His photographs of everyday life in America introduced viewers to a depressing, and often depressed, America that existed in the midst of prosperity and world power.Photographers continued to search for new photographic viewpoints. This search was perhaps most disturbingly embodied in the work of Diane Arbus. Her photos of mental patients and her surreal depictions of Americans altered the viewers relationship to the photograph. Arbus emphasized artistic alienation and tweetd viewers to stare at images that often made them uncomfortable, thus changing the meaning of the ordinary reality that photographs are meant to capture. American photography continues to flourish.The many variants of art photography and socially conscious documentary photography are widely available in galleries, books, and magazines. A host of other visual arts thrive, although they are far le ss connected to traditional fine arts than photography. Decorative arts include, but are not limited to, art glass, furniture, jewelry, pottery, metalwork, and quilts. frequently exhibited in dodge galleries and studios, these decorative arts rely on ideals of beauty in shape and color as well as an appreciation of well-executed crafts. Some of these forms are also developed commercially.The decorative arts provide a wide range of opportunity for creative expression and have become a means for Americans to actively participate in art and to purchase art for their homes that is more affordable than works produced by many contemporary fine artists. 4. do arts As in other cultural spheres, the performing arts in the United States in the 20th century increasingly blended traditional and popular art forms. The holyal performing artsmusic, opera, dance, and theaterwere not a widespread feature of American culture in the prime(prenominal) half of the 20th century.These arts were gener ally imported from or strongly influenced by Europe and were mainly appreciated by the wealthy and well educated. Traditional art usually referred to classical forms in ballet and opera, orchestral or chamber music, and good drama. The distinctions between traditional music and popular music were firmly bony in most areas. During the 20th century, the American performing arts began to incorporate wider groups of people. The African American community produced great musicians who became widely known around the country. recognise and blues singers such as Bessie Smith, Louis Armstrong, Duke Ellington, and Billie Holiday spread their sounds to black and white audiences. In the 1930s and 1940s, the swing music of Benny Goodman, Tommy Dorsey, and Glenn Miller adapted live to make a ludicrous American music that was popular around the country. The American performing arts also blended Latin American influences start-off in the 20th century. amongst 1900 and 1940, Latin American dan ces, such as the tango from Argentina and the rumba from Cuba, were introduced into the United States.In the 1940s a coalescence of Latin and jazz elements was stimulated set-back by the Afro-Cuban mambo and later on by the Brazilian bossa nova. Throughout the 20th century, dynamic classical institutions in the United States attracted international talent. Noted Russian-born choreographer George Balanchine established the pass(a) American ballet Company in the 1930s later he founded the company that in the 1940s would become the New York City Ballet. The American Ballet Theatre, also established during the 1940s, brought in non-American dancers as well.By the 1970s this company had attracted Soviet defector Mikhail Baryshnikov, an internationally acclaimed dancer who served as the companys artistic director during the 1980s. In classical music, influential Russian composer Igor Stravinsky, who composed symphonies using innovative melodic styles, moved to the United States in 1939. German-born pianist, composer, and conductor Andre Previn, who started out as a jazz pianist in the 1940s, went on to conduct a exit of distinguished American symphony orchestras. some other Soviet, cellist Mstislav Rostropovich, became conductor of the National Symphony Orchestra in Washington, D. C. , in 1977. Some of the most innovative artists in the first half of the 20th century successfully incorporated new forms into classical traditions. Composers George Gershwin and Aaron Copland, and dancer Isadora Duncan were notable examples. Gershwin combined jazz and spiritual music with classical in popular works such as Rhapsody in Blue (1924) and the opera Porgy and Bess (1935).Copland developed a unique style that was influenced by jazz and American folk music. Early in the century, Duncan redefined dance along more expressive and free-form lines. Some artists in music and dance, such as composer John chicken coop and dancer and choreographer Merce Cunningham, were even mo re experimental. During the 1930s Cage worked with electronically produced sounds and sounds made with everyday objects such as pots and pans. He even invented a new kind of piano.During the late 1930s, avant-garde choreographer Cunningham began to collaborate with Cage on a number of projects. Perhaps the greatest, and certainly the most popular, American innovation was the Broadway musical, which also became a movie staple. Beginning in the 1920s, the Broadway musical combined music, dance, and dramatic performance in ways that surpassed the older vaudeville theatre shows and musical revues but without being as complex as European grand opera.By the 1960s, this American musical tradition was well established and had produced extraordinary works by important musicians and lyricists such as George and Ira Gershwin, Irving Berlin, Cole Porter, Richard Rodgers, Lorenz Hart, Jerome Kern, and Oscar Hammerstein II. These productions required an immense effort to coordinate music, drama, and dance. Because of this, the musical became the incubator of an American modern dance tradition that produced some of Americas greatest choreographers, among them Jerome Robbins, Gene Kelly, and Bob Fosse.In the 1940s and 1950s the American musical tradition was so dynamic that it attracted outstanding classically trained musicians such as Leonard Bernstein. Bernstein composed the music for West Side Story, an updated version of Romeo and Juliet set in New York that became an instant classic in 1957. The following year, Bernstein became the first American-born conductor to lead a study American orchestra, the New York Philharmonic. He was an international sensation who traveled the world as an ambassador of the American style of conducting.He brought the art of classical music to the public, especially through his Young Peoples Concerts, television shows that were seen around the world. Bernstein used the many facets of the musical tradition as a force for change in the music w orld and as a way of bringing attention to American innovation. In many ways, Bernstein embodied a conversion of American music that began in the 1960s. The changes that took place during the 1960s and 1970s resulted from a significant increase in musical accompaniment for the arts and their increase availability to big audiences.New York City, the American center for art performances, experienced an artistic explosion in the 1960s and 1970s. Experimental off-Broadway theaters opened, new ballet companies were established that often emphasized modern forms or blended modern with classical (Martha Graham was an especially important influence), and an experimental music scene developed that included composers such as Philip glassful and performance groups such as the Guarneri String Quartet. Dramatic innovation also continued to expand with the works of playwrights such as Edward Albee, Tony Kushner, and David Mamet.As the variety of performances expanded, so did the serious cross over between traditional and popular music forms. Throughout the 1960s and 1970s, an expanded repertoire of traditional arts was being conveyed to new audiences. Popular music and jazz could be heard in formal settings such as Carnegie Hall, which had once been restricted to classical music, while the Brooklyn Academy of Music became a venue for experimental music, exotic and ethnic dance presentations, and traditional productions of grand opera. Innovative producer Joseph Papp had been staging Shakespeare in primeval Park since the 1950s.Boston conductor Arthur Fiedler was playing a mixed repertoire of classical and popular favorites to large audiences, often outdoors, with the Boston Pops Orchestra. By the mid-1970s the United States had several frontmost symphony orchestras, including those in Chicago New York Cleveland, Ohio and Philadelphia, Pennsylvania. Even grand opera was affected. Once a specialized taste that often required extensive knowledge, opera in the United State s increased in popularity as the roster of respected institutions grew to include companies in Seattle, Washington Houston, Texas and Santa Fe, New Mexico.American composers such as John Adams and Philip ice rink began composing modern operas in a new minimalist style during the 1970s and 1980s. The crossover in tastes also influenced the Broadway musical, probably Americas most durable music form. Starting in the 1960s, rock music became an ingredient in musical productions such as Hair (1967). By the 1990s, it had become an even stronger presence in musicals such as Bring in Da Noise, Bring in Da Funk (1996), which used African American music and dance traditions, and let (1996) a modern, rock version of the classic opera La Boheme.This updating of the musical opened the theater to new ethnic audiences who had not previously attend Broadway shows, as well as to young audiences who had been raised on rock music. Performances of all kinds have become more available across the cou ntry. This is due to two the sheer increase in the number of performance groups as well as to advances in transportation. In the last quarter of the 20th century, the number of major American symphonies doubled, the number of resident theaters increased fourfold, and the number of dance companies increased tenfold.At the same time, planes made it easier for artists to travel. Artists and companies regularly tour, and they expand the audiences for individual artists such as performance artist Laurie Anderson and opera singer Jessye Norman, for musical groups such as the Juilliard Quartet, and for dance troupes such as the Alvin Ailey American Dance Theater. Full-scale theater productions and musicals first presented on Broadway now reach cities across the country. The United States, once a provincial outpost with a limited European tradition in performance, has become a flourishing center for the performing arts. . Arts and letters The arts, more than other features of culture, prov ide avenues for the expression of imagination and personal vision. They offer a range of emotional and intellectual pleasures to consumers of art and are an important way in which a culture represents itself. There has long been a Western tradition distinguishing those arts that appeal to the multitude, such as popular music, from thosesuch as classical orchestral musicnormally available to the elite of learning and taste. Popular art forms are usually seen as more representative American products.In the United States in the recent past, there has been a blending of popular and elite art forms, as all the arts experienced a period of remarkable cross-fertilization. Because popular art forms are so widely distributed, arts of all kinds have prospered. The arts in the United States express the many faces and the enormous creative range of the American people. Especially since World War II, American innovations and the immense energy displayed in literature, dance, and music have made American cultural works world famous.Arts in the United States have become internationally prominent in ways that are unparalleled in history. American art forms during the second half of the 20th century often defined the styles and qualities that the rest of the world emulated. At the end of the 20th century, American art was considered equal in quality and vitality to art produced in the rest of the world. Throughout the 20th century, American arts have grown to incorporate new visions and voices. Much of this new artistic energy came in the wake of Americas emergence as a superpower after World War II.But it was also due to the growth of New York City as an important center for publishing and the arts, and the immigration of artists and intellectuals fleeing fascism in Europe before and during the war. An outpouring of talent also followed the civil rights and protest movements of the 1960s, as cultural discrimination against blacks, women, and other groups diminished. American arts flourish in many places and receive support from private foundations, large corporations, local governments, federal agencies, museums, galleries, and individuals.What is considered worthy of support often depends on definitions of quality and of what constitutes art. This is a tricky subject when the popular arts are increasingly incorporated into the domain of the fine arts and new forms such as performance art and conceptual art appear. As a result, defining what is art affects what students are taught about past traditions (for example, Native American tent paintings, oral traditions, and slave narratives) and what is produced in the future.While some practitioners, such as studio artists, are more vulnerable to these definitions because they depend on financial support to exercise their talents, others, such as poets and photographers, are less immediately constrained. Artists operate in a world where those who theorize and critique their work have taken on an increasingly important role. Audiences are influenced by a variety of intermediariescritics, the schools, foundations that offer grants, the National Endowment for the Arts, gallery owners, publishers, and theater producers.In some areas, such as the performing arts, popular audiences may ultimately define success. In other arts, such as painting and sculpture, success is far more dependent on critics and a few, often wealthy, art collectors. Writers depend on publishers and on the public for their success. Unlike their predecessors, who relied on formal criteria and appealed to aesthetic judgments, critics at the end of the 20th century leaned more toward popular tastes, taking into account groups previously ignored and valuing the merger of popular and elite forms. These critics ften relied less on aesthetic judgments than on social measures and were eager to place artistic productions in the context of the time and social conditions in which they were created. Whereas earlier critics attempt ed to create an American tradition of high art, later critics used art as a means to give power and approval to nonelite groups who were previously not considered worthy of including in the nations artistic heritage. Not so long ago, culture and the arts were assumed to be an unalterable inheritancethe accumulated wisdom and highest forms of achievement that were established in the past.In the 20th century generally, and certainly since World War II, artists have been boldly destroying older traditions in sculpture, painting, dance, music, and literature. The arts have changed rapidly, with one movement replacing another in quick succession. a) Visual arts. The visual arts have traditionally included forms of expression that appeal to the eyes through painted surfaces, and to the sense of space through carved or molded materials. In the 19th century, photographs were added to the paintings, drawings, and sculpture that make up the visual arts.The visual arts were further augmented i n the 20th century by the addition of other materials, such as found objects. These changes were accompanied by a profound alteration in tastes, as earlier emphasis on realistic representation of people, objects, and landscapes made way for a greater range of imaginative forms. During the late 19th and early 20th centuries, American art was considered inferior to European art. Despite noted American painters such as Thomas Eakins, Winslow Homer, Mary Cassatt, and John Marin, American visual arts barely had an international presence.American art began to flourish during the Great Depression of the 1930s as New Deal government programs provided support to artists along with other sectors of the population. Artists connected with each other and developed a sense of common purpose through programs of the Public Works Administration, such as the Federal Art Project, as well as programs sponsored by the Treasury Department. Most of the art of the period, including painting, photography, a nd mural work, focused on the plight of the American people during the depression, and most artists painted real people in difficult circumstances.Artists such as Thomas Hart Benton and Ben Shahn expressed the suffering of ordinary people through their representations of struggling farmers and workers. While artists such as Benton and Grant Wood focused on rural life, many painters of the 1930s and 1940s depicted the multicultural life of the American city. Jacob Lawrence, for example, re-created the history and lives of African Americans. Other artists, such as Andrew Wyeth and Edward Hopper, tried to use human figures to describe emotional states such as loneliness and despair. Abstract Expressionism.Shortly after World War II, American art began to garner worldwide attention and admiration. This change was due to the innovative fervor of abstract expressionism in the 1950s and to subsequent modern art movements and artists. The abstract expressionists of the mid-20th century brok e from the realist and figurative tradition set in the 1930s. They emphasized their connection to international artistic visions rather than the particularities of people and place, and most abstract expressionists did not paint human figures (although artist Willem de Kooning did portrayals of women).Color, shape, and movement dominated the canvases of abstract expressionists. Some artists broke with the Western art tradition by adopting innovative painting stylesduring the 1950s Jackson Pollock painted by dripping paint on canvases without the use of brushes, while the paintings of Mark Rothko often consisted of large patches of color that seem to vibrate. Abstract expressionists felt alienated from their surrounding culture and used art to challenge societys conventions. The work of each artist was quite individual and distinctive, but all the artists identified with the radicalism of artistic creativity.The artists were eager to challenge conventions and limits on expression in order to redefine the nature of art. Their radicalism came from liberating themselves from the confining artistic traditions of the past. The most notable activity took place in New York City, which became one of the worlds most important art centers during the second half of the 20th century. The radical fervor and inventiveness of the abstract expressionists, their frequent association with each other in New York Citys Greenwich Village, and the support of a group of gallery owners and dealers turned them into an artistic movement.Also known as the New York School, the participants included Barnett Newman, Robert Motherwell, Franz Kline, and Arshile Gorky, in addition to Rothko and Pollock. The members of the New York School came from diverse backgrounds such as the American Midwest and Northwest, Armenia, and Russia, bringing an international flavor to the group and its artistic visions. They hoped to appeal to art audiences everywhere, regardless of culture, and they felt connec ted to the radical innovations introduced earlier in the 20th century by European artists such as Pablo Picasso and Marcel Duchamp.Some of the artistsHans Hofmann, Gorky, Rothko, and de Kooningwere not born in the United States, but all the artists saw themselves as part of an international creative movement and an aesthetic rebellion. As artists felt released from the boundaries and conventions of the past and free to emphasize expressiveness and innovation, the abstract expressionists gave way to other innovative styles in American art. Beginning in the 1930s Joseph Cornell created hundreds of boxed assemblages, usually from found objects, with each based on a single theme to create a mood of contemplation and sometimes of reverence.Cornells boxes exemplify the modern fascination with individual vision, art that breaks down boundaries between forms such as painting and sculpture, and the use of everyday objects toward a new end. Other artists, such as Robert Rauschenberg, combined disparate objects to create large, collage-like sculptures known as combines in the 1950s. Jasper Johns, a painter, sculptor, and printmaker, recreated countless familiar objects, most memorably the American flag. The most prominent American artistic style to follow abstract expressionism was the pop art movement that began in the 1950s.Pop art attempted to connect traditional art and popular culture by using images from mass culture. To shake viewers out of their preconceived notions about art, sculptor Claes Oldenburg used everyday objects such as pillows and beds to create witty, soft sculptures. Roy Lichtenstein took this a step further by elevating the techniques of commercial art, notably cartooning, into fine art worthy of galleries and museums. Lichtensteins large, blown-up cartoons fill the surface of his canvases with grainy black dots and question the existence of a distinct realm of high art.These artists tried to make their audiences see ordinary objects in a refreshin g new way, thereby breaking down the conventions that formerly defined what was worthy of artistic representation. Probably the best-known pop artist, and a leader in the movement, was Andy Warhol, whose images of a Campbells soup can and of the actress Marilyn Monroe explicitly eroded the boundaries between the art world and mass culture. Warhol also cultivated his status as a celebrity. He worked in film as a director and producer to break down the boundaries between traditional and opular art. Unlike the abstract expressionists, whose conceptual works were often difficult to understand, Andy Warhols pictures, and his own face, were instantly recognizable. Conceptual art, as it came to be known in the 1960s, like its predecessors, sought to break free of traditional artistic associations. In conceptual art, as practiced by Sol LeWitt and Joseph Kosuth, concept takes precedent over actual object, by stimulating thought rather than following an art tradition based on conventional st andards of beauty and artisanship.Modern artists changed the meaning of traditional visual arts and brought a new imaginative dimension to ordinary experience. Art was no longer viewed as separate and distinct, housed in museums as part of a historical inheritance, but as a continuous creative process. This emphasis on constant change, as well as on the ordinary and mundane, reflected a distinctly American democratizing perspective. Viewing art in this way removed the emphasis from technique and polished performance, and many modern artworks and experiences became more about expressing ideas than about perfecting finished products.Photography. Photography is probably the most democratic modern art form because it can be, and is, practiced by most Americans. Since 1888, when George Eastman developed the Kodak camera that allowed anyone to take pictures, photography has struggled to be recognized as a fine art form. In the early part of the 20th century, photographer, editor, and arti stic impresario Alfred Stieglitz established 291, a gallery in New York City, with fellow photographer Edward Steichen, to showcase the works of photographers and painters.They also published a magazine called Camera Work to increase awareness about photographic art. In the United States, photographic art had to compete with the widely available commercial photography in news and fashion magazines. By the 1950s the tradition of photojournalism, which presented news stories primarily with photographs, had produced many outstanding works. In 1955 Steichen, who was director of photography at the Museum of Modern Art in New York, called attention to this work in an exhibition called The Family of Man.Throughout the 20th century, most professional photographers earned their living as portraitists or photojournalists, not as artists. One of the most important exceptions was Ansel Adams, who took majestic photographs of the Western American landscape. Adams used his art to stimulate social awareness and to support the conservation cause of the Sierra Club. He helped found the photography department at the Museum of Modern Art in 1940, and six years later helped establish the photography department at the California School of Fine Arts in San Francisco (now the San Francisco Art Institute).He also held annual photography workshops at Yosemite National Park from 1955 to 1981 and wrote a series of influential books on photographic technique. Adamss elegant landscape photography was only one small stream in a growing current of interest in photography as an art form. Early in the 20th century, teacher-turned-photographer Lewis Hine established a documentary tradition in photography by capturing actual people, places, and events. Hine photographed urban conditions and workers, including child laborers.Along with their artistic value, the photographs often implicitly called for social reform. In the 1930s and 1940s, photographers joined with other depression-era artists su pported by the federal government to create a photographic record of rural America. Walker Evans, Dorothea Lange, and Arthur Rothstein, among others, produced memorable and widely reproduced portraits of rural poverty and American distress during the Great Depression and during the dust storms of the period.In 1959, after touring the United States for two years, Swiss-born photographer Robert Frank published The Americans, one of the landmarks of documentary photography. His photographs of everyday life in America introduced viewers to a depressing, and often depressed, America that existed in the midst of prosperity and world power. Photographers continued to search for new photographic viewpoints. This search was perhaps most disturbingly embodied in the work of Diane Arbus. Her photos of mental patients and her surreal depictions of Americans altered the viewers relationship to the photograph.Arbus emphasized artistic alienation and forced viewers to stare at images that often ma de them uncomfortable, thus changing the meaning of the ordinary reality that photographs are meant to capture. American photography continues to flourish. The many variants of art photography and socially conscious documentary photography are widely available in galleries, books, and magazines. A host of other visual arts thrive, although they are far less connected to traditional fine arts than photography.Decorative arts include, but are not limited to, art glass, furniture, jewelry, pottery, metalwork, and quilts. Often exhibited in craft galleries and studios, these decorative arts rely on ideals of beauty in shape and color as well as an appreciation of well-executed crafts. Some of these forms are also developed commercially. The decorative arts provide a wide range of opportunity for creative expression and have become a means for Americans to actively participate in art and to purchase art for their homes that is more affordable than works produced by many contemporary fine artists. . Performing arts As in other cultural spheres, the performing arts in the United States in the 20th century increasingly blended traditional and popular art forms. The classical performing artsmusic, opera, dance, and theaterwere not a widespread feature of American culture in the first half of the 20th century. These arts were generally imported from or strongly influenced by Europe and were mainly appreciated by the wealthy and well educated. Traditional art usually referred to classical forms in ballet and opera, orchestral or chamber music, and serious drama.The distinctions between traditional music and popular music were firmly drawn in most areas. During the 20th century, the American performing arts began to incorporate wider groups of people. The African American community produced great musicians who became widely known around the country. Jazz and blues singers such as Bessie Smith, Louis Armstrong, Duke Ellington, and Billie Holiday spread their sounds to blac k and white audiences. In the 1930s and 1940s, the swing music of Benny Goodman, Tommy Dorsey, and Glenn Miller adapted jazz to make a unique American music that was popular around the country.The American performing arts also blended Latin American influences beginning in the 20th century. Between 1900 and 1940, Latin American dances, such as the tango from Argentina and the rumba from Cuba, were introduced into the United States. In the 1940s a fusion of Latin and jazz elements was stimulated first by the Afro-Cuban mambo and later on by the Brazilian bossa nova. Throughout the 20th century, dynamic classical institutions in the United States attracted international talent.Noted Russian-born choreographer George Balanchine established the short-lived American Ballet Company in the 1930s later he founded the company that in the 1940s would become the New York City Ballet. The American Ballet Theatre, also established during the 1940s, brought in non-American dancers as well. By the 1970s this company had attracted Soviet defector Mikhail Baryshnikov, an internationally acclaimed dancer who served as the companys artistic director during the 1980s. In classical music, influential Russian composer Igor Stravinsky, who composed symphonies using innovative musical styles, moved to the United States in 1939.German-born pianist, composer, and conductor Andre Previn, who started out as a jazz pianist in the 1940s, went on to conduct a number of distinguished American symphony orchestras. Another Soviet, cellist Mstislav Rostropovich, became conductor of the National Symphony Orchestra in Washington, D. C. , in 1977. Some of the most innovative artists in the first half of the 20th century successfully incorporated new forms into classical traditions. Composers George Gershwin and Aaron Copland, and dancer Isadora Duncan were notable examples.Gershwin combined jazz and spiritual music with classical in popular works such as Rhapsody in Blue (1924) and the opera Porgy and Bess (1935). Copland developed a unique style that was influenced by jazz and American folk music. Early in the century, Duncan redefined dance along more expressive and free-form lines. Some artists in music and dance, such as composer John Cage and dancer and choreographer Merce Cunningham, were even more experimental. During the 1930s Cage worked with electronically produced sounds and sounds made with everyday objects such as pots and pans.He even invented a new kind of piano. During the late 1930s, avant-garde choreographer Cunningham began to collaborate with Cage on a number of projects. Perhaps the greatest, and certainly the most popular, American innovation was the Broadway musical, which also became a movie staple. Beginning in the 1920s, the Broadway musical combined music, dance, and dramatic performance in ways that surpassed the older vaudeville shows and musical revues but without being as complex as European grand opera.By the 1960s, this American musical tradi tion was well established and had produced extraordinary works by important musicians and lyricists such as George and Ira Gershwin, Irving Berlin, Cole Porter, Richard Rodgers, Lorenz Hart, Jerome Kern, and Oscar Hammerstein II. These productions required an immense effort to coordinate music, drama, and dance. Because of this, the musical became the incubator of an American modern dance tradition that produced some of Americas greatest choreographers, among them Jerome Robbins, Gene Kelly, and Bob Fosse.In the 1940s and 1950s the American musical tradition was so dynamic that it attracted outstanding classically trained musicians such as Leonard Bernstein. Bernstein composed the music for West Side Story, an updated version of Romeo and Juliet set in New York that became an instant classic in 1957. The following year, Bernstein became the first American-born conductor to lead a major American orchestra, the New York Philharmonic. He was an international sensation who traveled the world as an ambassador of the American style of conducting.He brought the art of classical music to the public, especially through his Young Peoples Concerts, television shows that were seen around the world. Bernstein used the many facets of the musical tradition as a force for change in the music world and as a way of bringing attention to American innovation. In many ways, Bernstein embodied a transformation of American music that began in the 1960s. The changes that took place during the 1960s and 1970s resulted from a significant increase in funding for the arts and their increased availability to larger audiences.New York City, the American center for art performances, experienced an artistic explosion in the 1960s and 1970s. Experimental off-Broadway theaters opened, new ballet companies were established that often emphasized modern forms or blended modern with classical (Martha Graham was an especially important influence), and an experimental music scene developed that incl uded composers such as Philip Glass and performance groups such as the Guarneri String Quartet. Dramatic innovation also continued to expand with the works of playwrights such as Edward Albee, Tony Kushner, and David Mamet.As the variety of performances expanded, so did the serious crossover between traditional and popular music forms. Throughout the 1960s and 1970s, an expanded repertoire of traditional arts was being conveyed to new audiences. Popular music and jazz could be heard in formal settings such as Carnegie Hall, which had once been restricted to classical music, while the Brooklyn Academy of Music became a venue for experimental music, exotic and ethnic dance presentations, and traditional productions of grand opera. Innovative producer Joseph Papp had been staging Shakespeare in Central Park since the 1950s.Boston conductor Arthur Fiedler was playing a mixed repertoire of classical and popular favorites to large audiences, often outdoors, with the Boston Pops Orchestra. By the mid-1970s the United States had several world-class symphony orchestras, including those in Chicago New York Cleveland, Ohio and Philadelphia, Pennsylvania. Even grand opera was affected. Once a specialized taste that often required extensive knowledge, opera in the United States increased in popularity as the roster of respected institutions grew to include companies in Seattle, Washington Houston, Texas and Santa Fe, New Mexico.American composers such as John Adams and Philip Glass began composing modern operas in a new minimalist style during the 1970s and 1980s. The crossover in tastes also influenced the Broadway musical, probably Americas most durable music form. Starting in the 1960s, rock music became an ingredient in musical productions such as Hair (1967). By the 1990s, it had become an even stronger presence in musicals such as Bring in Da Noise, Bring in Da Funk (1996), which used African American music and dance traditions, and Rent (1996) a modern, rock version of the classic opera La Boheme.This updating of the musical opened the theater to new ethnic audiences who had not previously attended Broadway shows, as well as to young audiences who had been raised on rock music. Performances of all kinds have become more available across the country. This is due to both the sheer increase in the number of performance groups as well as to advances in transportation. In the last quarter of the 20th century, the number of major American symphonies doubled, the number of resident theaters increased fourfold, and the number of dance companies increased tenfold.At the same time, planes made it easier for artists to travel. Artists and companies regularly tour, and they expand the audiences for individual artists such as performance artist Laurie Anderson and opera singer Jessye Norman, for musical groups such as the Juilliard Quartet, and for dance troupes such as the Alvin Ailey American Dance Theater. Full-scale theater productions and musicals fir st presented on Broadway now reach cities across the country. The United States, once a provincial outpost with a limited European tradition in performance, has become a flourishing center for the performing arts.

Trade Mark

TRADE MARK 1. 1. The History Of consider hybridisation impartiality The ending of goods for divers(a) purposes, including identifying them from those of other traders, dates back to ancient times. In the homogeneous management, the existence of rules governing the implement of much(prenominal) attach goes back to the medieval craft guilds. A tag for commercial goods necessarily requires commercial goods in societies based on the barter dust, thitherfore, there was no background for denounces for goods. conductmarks non nonwithstanding identify goods, scarce create a distinction between goods from various sources.Consequently, a competitive apprisalship exists, and an overly simplistic mark is insufficient to be a brandmark. The trade of goods came into pr dressice long ago, and the use of marks is thought to operate evolved from that. The origin of earmarks lav be traced back as far as the beginning of the circulation of goods. The history of marks is or so as old as the histories of universe and religion. Scientists induce come across excavated artifacts from places such as ancient Egypt with various symbols carved thereon for religious and superstitious reasons. Potters marks appeargond in relics left from the classic and Roman periods and were employ to identify the maker (potter) of a finicky vessel). Among those who specialize in re reckoning the cultural heritage of marks, the studies surrounding potters marks ar famous. It would be difficult, however, to show that these marks are denounces in the sense of the advance(a)-day meaning. Over time, different methods of identification and distinction essential. Loved ones and pets were given references. Proprietary marks (in the form of a reach or symbol) were attach to goods to enable one soul to strike their own possessions from those of others.Craftsmen applied their denotes, unique drawings, or simple inscriptions to identify goods they created. Even though these marks surely helped in have it awaying goods, it is difficult to say that these marks were denounces with distinctiveness in the modern sense of the name. Symbols on goods used in ancient capital of Italy and other countries near the Mediterranean sea had similar characteristics to the tags of today. Because this ancient region is considered to be the first to actively circulate goods, it is widely thought that trademarks evolved in rejoinder to the emergence of a society in which goods circulate in handicraft.However, even in those days, a trademark system based on property estimables did not only exist. Around the 10th century, a mark c every last(predicate)ed a merchants mark, appeared, and symbols among traders and merchants increased significantly. These marks, which can be considered one kind of proprietary mark, essenti each(prenominal)y were used to launch possessorship rights of goods whose owners were missing due to shipwrecks, pirates, and other disasters. Even now, in every trigger of the world, horses, sheep, and other animals are still branded with a mark identifying the owner.In Japan, a symbol is affixed to lumber that is tied onto a raft and sent flock a river to its mouth. These signs of marks are reminiscent of the merchants mark of the past. In guilds of the gist ages, craftsmen and merchants affixed marks to goods in order to distinguish their work from the makers of low quality goods and to maintain trust in the guilds. These marks, known as turnout marks, served to punish the manufacturing billets of low quality goods for not meeting the guilds standards and to maintain monopolies by the guilds elements.These production marks helped consumers to identify and assign responsibility for inferior products, such as, goods short in weight, goods comprised of poor quality materials, and goods made with inferior craftsmanship. Because these marks were affixed out of compulsion or obligation, rather than ones own self- bet, the y likewise became known as constabulary marks (polizeizeichen) or responsibility marks (pflichtzeichen). They acted not only to distinguish between sources of goods, but to serve as an indicator of quality as well.While modern marks work to ensure the quality and superiority of certain goods, the necessary marks served to uncover defective goods. Responsibility marks were more than burdensome than actual property, and could not be changed easily once the mark had been adopted. Furthermore, it is thought that this type of mark did no more than simply guarantee minimum quality. Finally, these symbols were different from modern marks in that they emerged to benefit the guilds, and were not for the benefit of the production mark owner.From the Middle Ages, through police marks and responsibility marks, modern trademarks slowly developed as the Industrial Revolution sparked the advent of what is now modern-day capitalism. Gradually, the guild systems disintegrated, and free business was established. mark began to actively identify the source of goods rather than obligatory guild membership. About this time, special criminal laws protecting trademarks were also developed out of early forgery, counterfeiting, and fraud laws.Civil apology was gradually and systematically established against those who would use anothers mark with out permission (infringers). In France, the Factory, Manufacture and Workplace Act of April 20, 1803, ( expression 16) is world(prenominal)ly noted for establishing a system which made it a crime to swoon off anothers seal as ones own. Further, the Criminal Acts of 1810 (Article 142) and 1824 (Article 433) made it a punishable crime to abuse the name of others or wrongly use the names of production areas. chthonian the English common law system, fraud and the improper use of marks known as passing off an action for which remedies were contemplated that continue today. A trademark equity law was added gistually to supplement common la w defense, but England did not establish a comprehensive system for trademark shelter until 1905, nearly 50 years after the establishment behind France. Prior to the 1905 Act, The Merchandise tag Act, which focused on comestible dealing with deceptive indications, was passed on alarming 7, 1862. The backing Mark Registration Act was also passed in 1875.The 1905 Act was amended in 1919 and 1937, until a new Act was passed in 1938. This Act basically changed the system in m all ways, permitting enrollment based on intent-to-use, creating an examination-based process, and creating an application creationation system. It equipped the English system with advances that surpassed the trademark law of France at that time. Consequently, U. S. and Japanese trademark laws were greatly influenced by the 1938 Act. American trademark law was initially influenced strongly by English trademark law. In the U. S. various avenues are purchasable for seeking a repair. The state courts leave adjudicate based on state accommodation or common law right the federal official courts entrust adjudicate based on federal registration. The trademarks in the U. S. that are owned by Japanese companies are primarily federally registered trademarks. On July 8, 1870, the Federal Trade Mark Act was enacted as the first U. S. federal law to protect trademarks. In 1879, however, the U. S. Supreme Court held the law was unconstitutional due to a battle with the provision on patents in the U. S. Constitution. It was therefore abolished.In its place, a trademark law was enacted on March 3, 1881 that targeted trademarks used in interstate barter (and in the commerce with Indian tribes) based on the interstate commerce clause in the U. S. Constitution (art. 1, sec. 8, cl. 3). This law, however, was unable to accommodate the development of the American economy and down the stairswent a major amendment in 1905. It underwent further partial revisions occasionally during subsequent years. Upon the enactment of the Lanham Act on July 5, 1946, American trademark law came to rank equally with English or German trademark laws.The Act was named after a congressman who had devoted himself to its creation in. The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940. Thereafter in order to honor with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to hand over for registration, better breastplate of trademarks, and the prevention of misdemeanor. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001.Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. 2. 1. What is a trademark? A trademark is a sign that is used to identify certain goods and function as those produced or provided by a specific person or enterprise. Hence, it helps to distinguish those goods and work from similar ones provided by another. For example, DELL is a trademark that identifies goods (computers and computer related objects). CITY BANK is a trademark that relates to services (banking and financial services).A trademark is any mark capable of existence represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A sign can include a letter, word, name including personal name, signature, figurative element, numeral, device, brand, heading, label, ticket, aspect of packing, shape, color, sound or any combination of these features. Figure famous trademark logos 2. 2. Kind of signs can be used as trademarks * Trademarks whitethorn consist of a word (e. g. Kodak) or a combination of words (Coca-Cola), letter and abbreviations (e. . EMI, MGM, AOL, BMW, IBM), numerals (e. g. 7/11) and names (e. g. Ford, or Dior) or abbreviations of names (e. g. YSL, for Yves St-Laurent). * They may consist of drawings (like the logo of the Shell oil conjunction, or the Penguin drawing for Penguin books), or three-dimensional signs such as the shape and packaging of goods (e. g. the shape of the Coca-Cola bottle or the packaging for the Toblerone chocolate). * They may also consist of a combination of colors or unmarried colors (e. g. the orange color used for ORANGE telephone caller).Even non visible signs, such as music and fragrances, may constitute trademarks. 2. 2. 1. The Trademark Must Be Distinctive it essential be capable of distinguishing the goods or services with which it is used. A name which is purely descriptive of the nature of the goods and services that are offered may not constitute a valid trademark. For example, Apple may serve as a trademark for computers but not for actual apples. However, a given trademark may not be distinctive from the outset, but may have acquired distinctive character or lowly meaning through long and drawn-out use.Figure . Proposed mat rix of trademark types inspired by Weckerle (1968) original taxonomy. 2. 3. Types Of Trademark Exist In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. 1. Collective marks are marks used to distinguish goods or services produced or provided by members of an association. Collective marks are marks used to identify the services provided by members of an organization (e. g. UAW for United Auto Workers). 2.Certification marks are marks used to distinguish goods or services that comply with a set of standards and have been certified as such (e. g. The Woolmark symbol to show that products are made from 100% wool and comply with performance specifications set down by the Wool mark Company. It is registered in 140 countries and is licensed to manufacturers who are able to meet these quality standards in 67 countries). Figure . Examples of trademarks designed or altered for specific population segments. 3. 4. What funct ion does a trademark perform?Trademarks may perform different functions. In particular they * help consumers identify and distinguish products or services * enable companies to differentiate between their products * are a trade tool and the basis for building a brand image and report card * may be licensed and provide a direct source of revenue through royalties * are a crucial component of business assets * come on companies to invest in maintaining or improving quality products and * may be useful for admiting finance. . 5. How is a trademark protect? The most common and efficient way of protecting a trademark is to have it registered. 3. 6. 1. Requirements for Trademark security department 3. 6. 2. 1. Inherent Distinctiveness This requirement is fundamental to the nature of trademark. Anything claiming protection under trademark conventions essentialiness be capable of identifying the particular goods and services with which it is used, and distinguishing those goods and services from the goods and services of others in the marketplace.Categories (Distinctiveness Spectrum) of marks of generally increasing distinctiveness are (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary and fanciful marks. 3. 6. 2. 2. Acquired secondary meaning Provides for trademark protection of marks that are not inherently distinctive, descriptive marks usually rely upon special proof of distinctiveness to begin with protection be afforded by common law and statute.Descriptive marks must be shown to have acquired customer recognition (secondary meaning), which serves primarily to identify the source of the products or services, and not merely to describe their nature, quality, characteristics, ingredients, or geographic origins. Generic marks constitute the very product and, therefore, cannot be registered or canvass awayd exclusively to one manufacturers use, even upon a showing of secondary meaning, because competition would be unjustifiably impaired. 3. 6. 2. 3.Non functionality Trademark protection is granted to symbols or features that are not functional, protection of functional features would deprive producers of the right to use those features necessary to make a product work. Doctrine of functionality if a feature is required to perform a particular utilitarian function, and if there are insufficient commercially viable alternatives to perform the same function equally well, no single producer will be allowed to claim exclusive rights in the feature. 3. 6.Trademarks are territorial rights This means that they must be registered separately in each uncouth in which protection is desired. cross off that, unless a given trademark is defend in a specific orbit, it can be freely used by terce parties. Moreover, trademark protection is in general always limited to specific goods and services (unless the trademark in question is a well-known or famous trademark). This means that the same trademark can be used by different compan ies as long as it is used for dissimilar goods or services. . 7. Registration of Trademarks, at the arrogate trademark component Registration is not, however, the only way of protecting a trademark unregistered trade marks are also protected in some countries, but in a less reliable form. FigureThe logo for the Wikipedia website, which is a registered trademark of Wikimedia Foundation, Inc. 3. 8. Kind of protection provided by a trademark A trademark owner is given the exclusive rights ) to use the trademark to identify his goods or services 2) to prevent others from development and marketing the same or a similar trademark for the same or similar goods or services 3) to authorize others to use the trademark, (e. g. by franchising or licensing agreements) and in return for payment. 3. 9. How is a trademark registered? First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors, forms, or three-dimensional features.The application must also contain a list of goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or another type of mark * it must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products * it must not be deceptive, that is, it should not be likely to mislead the consumers as to the nature or quality of the product * it should not be contrary to public order or morality it should not be identical or conf employly similar to an existing trademark. This may be tick offd through search and examination by the national office, or by the opposition of third parties who claim similar or identical rights. 3. 10. How long is a registered trademark protected for? The period of protection varies (it is usually 10 year s), but a trademark can be renewed indefinitely on payment of the corresponding fees. 3. 11. How enormous is trademark protection? Almost all countries in the world register and protect trademarks.Each national or regional office maintains a biography of Trademarks which contains adept application information on all registrations and renewals, thereby facilitating examination, search, and electromotive force opposition by third parties. The effects of such a registration are, however, limited to the country (or, in the case of a regional registration, countries) link uped. In order to avoid the need to register separately with each national or regional office, WIPO administers a system of international registration of marks. This system is governed by both(prenominal) treaties, the Madrid sympathy Concerning the outside(a) 3. 2. Registration of Marks, and the Madrid Protocol A person who has a link (through nationality, domicile, or establishment) with a country party to o ne or both of these treaties may, on the basis of a registration or application with the trademark office of that country, determine an international registration having effect in some, or all of the Countries of the Madrid Union 2. 12. 1. What are well-known marks and how are they protected? Well- known marks are marks that are considered to be well-known by the germane(predicate) sector of the public in the country in which protection is sought.Well-known marks benefit from stronger protection than marks in general. * they may be protected even if they are not registered in a given territory,and * they may be protected against confusingly similar marks that are used on dissimilar goods or services, whereas marks are generally protected against confusingly similar marks if used for identical or similar products. For example, let us consider a trademark such as Mercedes Benz. Normally the company that owns the trademark would be protected against unauthorized use of the mark by th ird parties with respect to the products for which the mark has been registered.To the extent that Mercedes Benz is a well-known trademark, protection would also be available for unrelated goods. So that if another company decides to use the trademark in relation to other goods such as, say, mens underwear, it may be prevented from doing so. 3. 13. Sale , Transfer and licensing In various jurisdictions a trademark may be sold with or without the underlying goodwill which subsists in the business associated with the mark. However, this is not the case in the United States, where the courts have held that this would be a fraud upon the public. In the U. S. trademark registration can therefore only be sold and assigned if accompanied by the sale of an underlying asset. Examples of assets whose sale would ordinarily support the assignment of a mark include the sale of the machinery used to produce the goods that bear the mark, or the sale of the corporation (or subsidiary) that produce s the trademarked goods. Most jurisdictions provide for the use of trademarks to be licensed to third parties. The licensor (usually the trademark owner) must monitor the quality of the goods being produced by the licensee to avoid the risk of trademark being deemed abandoned by the courts.A trademark license should therefore include appropriate render dealing with quality mastery, whereby the licensee provides warranties as to quality and the licensor has rights to inspection and monitoring. 3. 14. Domain name and it relation to trademarks Domain names are Internet addresses, and are ordinarily used to find websites. For example, the man name wipo. int is used to locate the WIPO website at www. wipo. int. Domain names may be made up, sometimes, of a trademark.In such case, it may happen that the person who has registered the domain name has done it in bad faith, as he is not the owner of the trademark under which the domain name has been registered. This activity is referred to as Cyber squatting. It is substantial to know that many national laws, or courts, treat as trademark infringement the registration of the trademark of another company or person as a domain name. If this happens, the person who has chosen the trademark of another as a domain name may not only have to transfer or cancel the domain name, but may also have to pay damages or a dull fine.It may be interesting for you to know that if the trademark of your company is being used as a domain name by another respective(prenominal) or company, you may take action to stop such misuse of the rights of your company. In such a case, an option would be to use WIPOs online role for domain name dispute resolution at arbiter. wipo. int/domains. This WIPO website includes a model complaint as well as profound index to the thousands of WIPO domain name cases that have already been decided. 3. 15. Why protect trademarks?The basic rationale for protecting trademarks, whether through registration or n ot, is dickens fold. * First, it provides business people with a remedy against unfair practices of competitors, which aim at causing confusion in the consumers minds by leading them to believe that they are acquiring the goods or services of the legitimate owner of the trademark, whereas in fact they are acquiring an imitated product, which furthermore may be of lesser quality. The legitimate owner may hence suffer from loss of potential customers, as well as harm to his own reputation. The second rationale flows from the first, namely to protect consumers from those unfair and misleading business practices. In addition to those two channels, a further one is gaining more and more prominence. This is that a trademark is often the only tangible asset that represents the investments made in the building of a brand. Where, for example, a business is sold, or companies merge, the question of brand evaluation becomes an important issue. The repute of companies may depend to a large e xtent on the value of their trademarks 3. 16. When has a trade mark been infringed?Figure Trademark Infringement A registered trade mark is infringed by the unauthorized use of that mark, or a mark that is substantially identical or deceptively similar to it, A registered trademark is give tongue to to be infringed in the following circumstances A registered trademark is said to be infringed in the following circumstances * If a third party uses a trademark in the course of the trade which is identical with the registered trademark and in relation to goods or services which are identical with those for which it is registered.For example, in Wrangler Apparel Corporation v. Axfor Garments, Wrangler had filed a cause requesting that Axfor Garments be restrained from using the trademark Wrangler and the W stitch logo on its clothing including jeans, jackets, shirts and belts. Wrangler had registered its trademarks in Pakistan. The Court passed an order of prohibition against the Defe ndant and restrained them from using Wrangler? s trademarks on any of its products. If a third party uses, in the course of trade, a mark which is identical with the registered trademark and is used in relation to goods or services similar to the goods or services for which the trademark is registered or the mark is deceptively similar to the registered trademark and is used in relation to goods or services identical with or similar to the goods or services for which the trademark is registered or if there exists a likelihood of confusion on the part of public, which includes the likelihood of association with the trademark * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same comment as that of goods or services in respect of which the trademark is registered, services that are tight related to goods in respect of which trademark is registered or goods that are just about r elated to services in respect of which the trademark is registered * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same description as that of goods or ervices in respect of which the trademark is registered, services that are closely related to goods in respect of which trademark is registered or goods that are closely related to services in respect of which the trademark is registered If the third party uses the registered trademark as his domain name or part of his domain name or obtains such domain name without consent of the owner of the registered trademark and with the intention of selling such domain name to another person including the proprietor of the registered trademark 3. 1. International Trend Of Trademark law of nature It is important to note that although there are systems which facilitate the file, registration or enforcement of trademark rights in more than one jurisdiction on a regional or global basis (e. g. he Madrid and CTM systems), it is currently not realistic to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as territoriality 3. 1. 1. Paris crowd (relating to the protection of industrial property) The Paris blueprint for the Protection of Industrial office (Paris Convention or just Convention) is one of the first, and arguably most important, of the various multilateral treaties protecting intellectual property. The accord will not be discussed exhaustively here commentaries on the conformity should be consulted to obtain additional information.The following, however, is a list of the major relevant articles of the treaty * member states protect the trademark rights and other industrial property rights of other member states (art. 2) * each membe r state must maintain the fundamental principle that citizens of other member states receive the same protection as its own citizens (art. 2) and * member states must recognize the assertion of prior(prenominal)ity rights (art. 4). The articles that are particularly relevant to the trademark law include * remedies for cases in which registered trademarks are not used, including sanctions (art. 5) * independent status of the trademark law (art. 6) * of well-known trademarks (art. 6, sec. 2) adjustment regulations on the transfer of trademark rights (art. 6, sec. 4) * regulations on trademarks registered in a remote country (art. 6, sec. 5, the so called telle quelle trademark system) * protection of service marks (art. 6, sec, 6) * regulations controlling applications for trademark registration made by an component, among others, without permission of the applicant (art. 6, sec. 7) * removal of trademark registration limitations based on the disposition of the goods (art. 7) * of corporal trademarks (art. 7, sec. 2) * control of the importee of counterfeit goods (art. 9) * control of fraudulent indications of country origin (art. 0) * prohibition of acts of unfair competition (art. 10, sec. 2) * jural measures to prevent counterfeit goods and others (art. 10, sec. 3) and * temporary protection of goods exhibited in international expos (art. 11)11. There are 151 member states as of January 15, 1999 (WIPO, Industrial place and Copyright, January 1999), demonstrating that most major countries in the world have joined the treaty. 3. 1. 2. Madrid system for the international registration of marks Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid understanding (1891), and the Madrid Protocol (1989).It is administered by the International Bureau of WIPO determined in Geneva, Switzerland. The Madrid system offers a trademark owner the possibility to have his trademark protected in sever al countries by simply register one application directly with his own national or regional trademark office. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries demod by the applicant. If the trademark office of a designated country does not refuse protection at bottom a specified period, the protection of the mark is the same as if it had been registered by that Office.The Madrid system also simplifies greatly the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step 3. 1. 3. WTO Agreement on Trade-Related Aspects of mind lieu Rights The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) is the Uruguay Round agreement covering the protection and enforcement of intellectual property rights. Intellectual property rights were a key area of concern for the Unit ed States during the Uruguay Round negotiations. From the perspective of the United States, the TRIPs Agreement was a major achievement of the Uruguay Round.The TRIPs Agreement incorporates by reference most of the substantive provisions of two earlier multilateral IPR conventions the Paris Convention for the Protection of Industrial Property (1967)(covering patents, trademarks, trade names, utility models, industrial designs and unfair competition) and the Berne Convention for the Protection of literary and Artistic Works (1971) (covering copyrights). 3. 1. 3. 1. TRIPs Agreement and Trademarks TRIPs Agreement incorporates the substantive obligations of Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property (1967). The TRIPs Agreement mandates protection for both trademarks and service marks. * Trademarks and service marks must have a minimum term of seven years and must be renewable indefinitely. Article 18) * Restrictions on cancella tion of trademark registrations for non-use If use is required to maintain a registration, the registration may be cancelled only after an unbroken period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner. passel arising independently of the will of the owner of the trademark which constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services protected by the trademark, shall be recognized as valid reasons for non-use. (Article 19. ) * The TRIPs Agreement states that the owner of a registered trademark has the exclusive right to prevent all third parties not having the owners consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. (Article 16. 1) * Parallel importation (unauthorized importation of genuine trademarked products) * Except with respect to the National Treatment and Most Favored Nations obligations in Articles 3 and 4, parallel importation (exhaustion of intellectual roperty rights) is not cause to dispute resolution under the TRIPs Agreement (TRIPs Article 6). * Enhanced Protection for well-known marks In determining whether a trademark is well-known, Members shall take account of the fellowship of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark. (Article 16. 2) * Under the Paris Convention (which is generally incorporated by reference into the TRIPs Agreement), well-known marks are entitled to protection in all Paris Convention/TRIPs Members, regardless of whether the mark is registered. For an interesting discussion of the general issue of when an unregistered well-known mark must be protected see the decision by the Supreme Court of Sout Africa, Appellate Division, in McDonalds Corporation v. Joburgers Drive-Inn Restaurant (PTY) Limited, Case No. 547/95, August 27, 1996. ) 3. 1. 4. Trademark Law Treaty The Trademark Law Treaty establishes a system pursuant to which member jurisdictions agree to standardize procedural aspects of the trademark registration process. It is not necessarily respective of rules within item-by-item countries. 4. 1. Trademark Law In Pakistan The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940.Thereafter in order to comply with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to provide for registration, better protection of trademarks, and the prevention of infringement. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001. Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. The trademark law in Pakistan requires no evidence of prior use of the mark in commerce for filing. A trademark application can be filed on a proposed to be used? or intent-to-use? basis or based on use of the mark in commerce.The Trade Marks Registry, which is under the administrative control of Intellectual Property Organization of Pakistan, is the office that is in charge of registering trademarks in Pakistan. A trademark registration in Pakistan gives exclusive proprietary rights to the rights carrier for protection of their trademark in Pakistan. However because the Pakistani legal system is a common law system, even an unregistered trademark is entitled to protection and the rights holder of the unregistered trademark can uprise action against a third party under the law of passing off. 4. 1. 1. Internationalisation Of Trade Marks In Pakistan Pakistani trademark law protects both domestic and foreign trademark s. Over the past several years, many foreign entities have been able to protect their trademarks in Pakistan.The first milestone thoughtfulness recognizing internationalization of trade mark came in 1979 from the venerable Sindh tall Court in a case where the court, while protecting an international trademark, observed, The conduct of the respondent in appropriating trade marks of foreign owners is not proper It is common knowledge that trade in French perfumery is of international character. With the revival of International Trade and international publicity, the rights of owners of foreign Trade Marks ought to receive some safeguard unless it is clear from the evidence that the foreign owners have abandoned their intention of marketing their products under the mark in this country. The above trend was fortified when Honorable Supreme Court of Pakistan in the case of Alpha Sewing Machine approved the following observation of Honourable Lahore High Court, With the proliferation o f means of communication media the names and products of world renowned big companies are catching the eyes and ears of the public at large in all civilized countries of the world and Pakistan is no exception. Extensive traveling abroad in the recent past has made it possible for the people of Pakistan to have knowledge of the internationally renowned companies and their products. It was held in Morphy Richards case an enactment on Trade Marks is essentially an international statute, catering to national and international sensibilities. We are spirit in an information age where the Earth has veritably become a global village.In a case the High Court of Karachi granted an interim injunction restraining the Defendant from using the internationally well-known mark MARS on soft drinks. This injunction was granted despite the fact that Pakistan Mineral Water Bottling workings (Pvt. ) Ltd. had registered the trademark MARS with the Trade Marks Registry. While the Courts in Pakistan had given due regard and recognition to internationalization of trade, they were quick to prevent the abuses by unprincipled persons attempting to take advantage of globalization and the absence of specific statutory provisions at the relevant time. This was the result of judicial interpretation of relevant provisions relating to Intellectual Property laws and the general concept of civil law.Thus in 1988, the Honourable High Court of Sindh in the Sulemanji case, rejected an argument that an infringing product manufactured in Pakistan but to be sold in a foreign country would not violate the local law and no injunction could be issued. The Court, while rejecting this argument held at the product of the plaintiffs as well as of the defendants is exported to Middle East and Arabian Gulf countries. The deception would be caused upon the ultimate purchasers in the market and retail shops in the foreign countries. Admittedly the wrappers of the defendants are printed in Pakistan and, after the goods of the defendants are packed in such wrappers, such goods are exported for sale in foreign countries The action for injunction restraining the defendants from using the said mark is, therefore apparently maintainable in this Court. Similar was the Select Sports case, where Honourable Lahore High Court held, The goods of the appellant company are sold in the International Market and if due to any reason goods of substandard quality are supplied to the International Market by any other user of the similar design, it would ultimately adversely affect the goodwill and the business of the appellant company. On the other hand, in the case of imports into Pakistan of infringing products, a Division Bench of the Honourable High Court of Sindh in the case Glaxo Vs. Evron, held, If a person, in making a product overseas uses processes which would be infringing processes here, those processes being a principal part of the manufacture and then imports the article into this country, he is vile of an infringement. The reason is because, by using those processes overseas and bringing the product here to sell, he deprives the Pakistani unmistakableee of the benefit of the invention. Globalization thrives on honesty of business practices. Judgments delivered by the Pakistani courts on intellectual property rights, particularly relating to bankers acceptance of marks, marketing of novel (inventive) products or copyrighted subject matter show that considerations for honesty of intention have been pivotal to such judgments. Thus in the case the Honourable Supreme Court of Pakistan held . although the appellant has not been selling its products in Pakistan because of import restrictions, this does not entitle the respondent to copy the appellants trade mark, because by doing so it is deceiving the public into thinking that its products are products of the appellant. In the same case, the Honourable Supreme Court approved the following findings by the High Court Clearl y, if the adoption of a trade mark by an appellant is proved to be dishonest, no amount of user of the trade mark by him can apologise registration The above judgments by Pakistani Courts came at times when International community was debating consensus on the issues affecting global intellectual property rights, which culminated in the TRIPs Agreement only in 1994. This is reflective of the consistent pragmatic and futuristic approach of the Pakistani Courts in matters relating to intellectual property rights. Licensing Of Trade MarksOne of the oldest ways of globalizing Intellectual Property Rights is through licensing of Intellectual Property. This is also the most commonly used way of commercializing Intellectual Property on the global scene. Unless the countries an effective platform enabling the licensing contracts to be entered into and worked out, as well as ensure that the termination of such contracts can be done without difficulty, no productive growth of global commer cialization of products incorporating one or more forms of Intellectual Property Rights is possible. As far as licensing of Intellectual Property Rights is concerned, Pakistani courts have so far adopted a rational, pro-active and confidence building approach in adjudicating the rights.Thus in the cases of Bolan Beverages the Honourable Supreme Court, upheld the rights of the owners of trademarks to terminate license agreements. , while in the cases of Concentrate Mfg. Co. , vs. Seven-up Bottling and Roomi Enterprises vs. Stafford Miller, the Honourable High Courts also upheld the rights of the owners of trademarks to terminate license agreements. 4. 2. Market Entry Planning Though Pakistan has passed laws protecting the intellectual property rights (IPR) of rights holders, its enforcement and implementation of these laws remains a matter of fleshy concern for rights holders. It is therefore imperative that businesses develop a comprehensive strategy for protecting their IPR and ta ke steps to safeguard their rights before they enter the Pakistani market.Registration of trademarks is an important step that businesses should pursue in Pakistan. Many foreign and domestic rights holders have been able to successfully register their marks in Pakistan. 4. 3. 1. Who can apply and what can be registered Under the Trade Marks Ordinance, 2001, a person who is the proprietor of the trademark can apply for the registration of their marks for goods as well as services. Any word, signature, name, logo, label, numerals or combination of colors used by one enterprise on goods or services can be registered as a trademark in Pakistan. Under the Pakistani trademark law the following are the types of trademarks that can be registered * Product mark a mark that is affixed to identify goods. Mark a mark used to identify the services of an entity, such as the trademark for a broadcasting service, retail outlet, etc. They are used in advertising the services. * Certification mark a mark indicating that the goods or services in community with which it is used are certified by the proprietor of the mark in respect of origin, mode of manufacture of goods or performance of services, quality, accuracy, or other characteristics. * Collective mark a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings. * Geographical indications can also be protected in Pakistan as certification or collective trademarks. 4. 3. 2. What cannot be registered?The following are the types of marks that cannot be registered in Pakistan * Which are not capable of being represented graphically and are unable to distinguish goods or services of one undertaking from those of other undertakings * Which are devoid of any distinctive character * Which consist exclusively of marks or indications which designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services * Which consist exclusively of marks or indications which have become customary in the language or in the established practices of the trade * Which consist exclusively of the shape which results from the nature of the goods themselves, the shape of oods which is necessary to obtain a technical result or the shape which gives substantial value to the goods * Which consists of, or contains, any scandalous design, or any matter the use of which would be disentitled to protection in the High Courts or District Courts by reasons of it being likely to deceive or to cause confusion, is likely to hurt the religious sensibilities of any class of citizens of Pakistan, or is contrary to any prevailing law or morality * The application for registration of which has been made in bad faith * A word that is a commonly used and accepted name of any single chemical element or any single chemical increase in respect of a chemical substance or preparation or which is declared by the World Health Organization and notified in the convinced(p) manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name * The national flag or any other State Emblem of a country which is a signatory to the Paris Convention (hereinafter known as Convention country? shall not be registered without the authorization of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorization * Which consists of, or contains, official mark or hallmark adopted by a Convention country shall not be registered in relation to goods or services of the same or a similar kind as those in relation to which it indicates control and warranty * Which consists of or contains such emblem, abbreviations or name of an international organization that is protected under the Paris Conve ntion. 4. 3. 3. Registration Procedure In case of an identical trademark being filed by two different applicants where the date of use in commerce is identical or if applications for the registration of both marks have been filed on an intent-to-use? asis, the Applicant who files the trademark application first with the Pakistan Trade Marks Registry will have priority. It is therefore important to apply for registration of your mark as soon as possible. The registration of a trademark in Pakistan typically takes about two to three years, assuming that the trademark is not opposed by a third party. The Trade Marks Registry is the appropriate office for filing a trademark application in Pakistan. Trademark applications can be filed either at the Karachi office or at the branch office of the Trade Marks Registry in Lahore. The different steps that are involved in the registration process in Pakistan are as follows * Select a trademark agent/lawyer in Pakistan, The trademark law in Paki stan allows the proprietor to file a trademark application only if they have a place of business in Pakistan. Should that not be the case, the rights holder will be required to file an application through a trademark agent/attorney. The trademark agent/attorney can do trademark searches and prepare, file, and prosecute applications, * To determine if the mark is eligible and available for registration, * The trademark agent will determine if the trademark is eligible for registration and also conduct clearance searches to determine if there is any deceptively similar mark that already exists on the Register of Trade Marks.It is advisable to conduct a common law search to ascertain if there are any third parties that might already be using the trademark, * Completing the application form and filing, The trademark agent can complete and sign the application form, provided that the rights holder has issued a signed power of attorney appointing them as the trademark agent. The detail w hich must be mentioned in the trademark application are the full name and address of the Applicant, a statement of goods or services in relation to which it is sought to register the trademark, the international classification of goods or services, a representation of the trademark and the full name, address and contact details of the agent, in case the application. The application should also mention if the trademark is being used by the Applicant, or with his consent, in relation to goods or services, or if he has a good faith intention that it will be used. After the application has been filed, the Trade Marks Registry reviews it to ensure that it is complete in all respects and thereafter allots an application number to the applications. If the trademark is registered, the application number becomes the registration number. * During the process of examination, the Trade Marks Registry determines if the trademark is barred from registration either under absolute grounds for refus al and/or relative grounds (prior trademark rights) as prescribed in the Trade Marks Ordinance, 2001. The Trade Marks Registry will issue an examination report and the Applicant must respond to any objections that have been raised in the examination report within the prescribed period.Thereafter and based on the response to the examination report that has been filed by the Applicant, the Registrar of Trade Marks determines if the application should be refused, accepted for advertisement, accepted subject to certain limitations or put up for a show cause hearing, during which the application might be accepted, rejected, or accepted subject to certain limitations. announce before acceptance under section 28 (1) Ordinance 2001. Registration of this trade mark shall give no right to the exclusive use of word made in Pakistan. 273130 25 Footwear including shoes, boots, slippers sandals. Kashif Mahmood Tarar, Trading as, KIRAN TRADING CORPORATION Proprietor Pakistani, 4 Tape Road, Op p. University of Vaternary Sciences, Lahore,PK 06/10/2009.Shahs Registration Law Chamber 15- Edward (Mauj Darya) Road, Saleemi Chambers, Lahore-54000. 4. 3. 4. way out Of Registration Certificte Within two months of the publication of the trademark in the Trade Marks Journal, should the trademark not be opposed by a third party, it will be accepted. Thereafter a Demand Notice is issued to the Applicant requesting him to pay the requisite registration fee. After the Applicant has paid the relevant registration fee, the registration certificate is issued. Below is the chart depicting the complete procedure for registration as is followed by the Trade Marks Registry in Pakistan. 4. 3. 5. frontier of Trademark RegistrationTrademark protection in Pakistan is perpetual, subject to renewal of the registration every 10 years. The application for the renewal of a trademark can be filed 6 months before the expiration of the term of registration. 5. 1. Infringement Enforcement Remedies The Trade Marks Ordinance, 2001 provides for both civil and criminal remedies 5. 1. 1. Civil Litigation A suit can be initiated either under the law of passing off or infringement under the Trade Marks Ordinance, 2001 depending on whether the trademark is unregistered, pending registration, or registered. The suit can be filed either at the High Court or at the District Court.The complaint filed by the rights holder should demonstrate that the alleged infringing act involves a mark that is identical or similar to a trademark of the rights holder. It should also specify that the representation of the trademark that is being used in connection with goods or services might confuse the public regarding the origin of the infringing goods/services and that the this act of the infringer has interfered with the trademark holders rights of exclusive use or has caused the rights holder economic loss. The rights holder can request the Court to grant an order of injunction, damages and delivery of infringing goods, materials or articles.Moreover, where a person is found to have infringed a registered trademark, the Court may make an order to cause the offending trademark to be erased, removed or obliterated from any infringing goods, materials or articles in his possession, custody or control or to secure the destruction of the infringing goods, materials or articles if it is not reasonably practicable for the offending mark to be erased, removed or obliterated. The Sindh High Court in a case confirmed an order of interim injunction against the Defendants and restrained them from using the trademark SHAN as it was a colorable imitation of the Plaintiff? s trademark AALI SHAN and stated that the registration of trademark is not meant for the benefit of the trader only but also protects the public-at-large and its main object is to secure free enjoyment of the right of manufacturing and marketing of one? products and also to save general public from being deceived by the acts of unscrupulous manufacturers and sellers of goods bearing the fake trademark of others. For maintaining the purity of the trademark and for safeguarding the interest of the public, it is the duty of the Court to put restraint on use of another? s trademark by a person like the defendant who is not entitled to use it. 5. 1. 2. Criminal Litigation The trademark law in Pakistan provides for criminal remedies in case of violation of a rights holder? s trademark. A criminal action can be initiated by filing a written complaint in the police station within whose jurisdiction infringement has taken place.After the proceedings have been initiated, the court may pass search and seizure warrants under which the premises of the infringer can be raided and the infringing goods seized. Should an infringer be found guilty of violating the rights holder? s trademark, he may be liable for imprisonment or fine or both. An infringer can be imprisoned for a maximal of three years with a maximum fine of PKR 50,000 (approximately $630 USD) under the Trade Marks Ordinance, 2001. In addition, the court has the authority to order the seizure, forfeiture, and destruction of infringing goods. Though provisions for criminal sentences exist in the Pakistani trademark law, such sentences are rare. 6. 1.International Trademark Treaties to which Pakistan is a Signatory * The World Trade Organization (WTO)Agreement, since 1995 * Paris Convention for the Protection of Industrial Property * Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) 7. 1. Conclusion The subject of a trademark right may be described as an intellectual product or intangible property. However, its purpose is not for cultural advancement, as is a copyright. It is a kind of industrial property and its contribution is for industrial purposes (protection of users). The protection of industrial property focuses on patents, utility models, industrial designs, trademarks, service marks, trade names, ind ications of source or appellations of origin, and the repression of unfair competition. (Paris Convention, Article 1, Paragraph 2). A trademark right is one of the industrial properties. The term, industrial properties, is usually used narrowly and indicates the rights covered by the four main laws namely, the Patent Law, the Utility Model Law, the Design Law and the Trademark Law. A broad definition of industrial properties includes various rights covered by the trade name provisions in the Commercial Code and the Unfair Competition Prevention Law. Trade Marks are important aspects of legal practice under the of Intellectual Property Law. It is important for legal practitioners to acquaint themselves with this aspect since it is clear that for a very long time to come, trademarks will continue to play an important role in our society.New companies and business enterprises shall be formed and new products and services will be brought into the market by such new companies or by the e xisting companies the legal has to position him self or herself to tap into this growing area. As it is now, there are still many business enterprises especially the local ones who have yet to grasp the importance of protecting their trademarks and service marks. Most institutions including universities, colleges4, hospitals, schools and many others have their own identity, badges or motto. This needs to be protected so that in the event of infringement, one may have recourse by bringing a claim on infringement against anyone who makes profits from where he has not sown.Pakistan is a member of the World Trade Organization (WTO) and a signatory to the TRIPs Agreement. The regime of intellectual property laws in Pakistan is well established and goes back to the early twentieth century. The legal system in the country provides for adequate protection to the trade mark and design owners and those owners who pursue the legal remedies aggressively and pro-actively are able to control the endanger of counterfeiting by due process of law. www. worldtrademarklawreport. com ABBREVIATIONS FTA Free Trade Area HIV/AIDS Human Immune Virus ILO International Labour disposal IMF International Monetary Fund IPRs Intellectual Property Rights LDC Least Developed CountryOECD Organisation for Economic Co-operation and Development SADC Southern African Development Community SAP morphologic Adjustment Programmes TRIPs Trade Related Intellectual Property Rights UNCTAD United Nations Conference for Trade and Development WB World Bank WTO World Trade Organisation 2 . Hereinafter, trademark for goods will be referred to as trademarks, and trademark of services will be referred to as service marks 3 . Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York Columbia, 1925). 4 . Merchants marks were simple and formed merely linear designs, for example 5 .Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York Columbia, 1925). 6 . The U. S. federal government has the power to rule the military, foreign affairs, and postal services, among others. However, art. 1, section 8, clause 8 of the U. S. Constitution states only that patents and copyrights fall under the federal power, and does not mention trademarks. Thus, the Supreme Court argued that the federal government did not have the power to regulate trademarks. 7 . http//www. ipo. org(accessed on 24/11/2012) 8 . http//www. wipo. int/about-wipo(accessed on 24/11/2012) 9 . Trade Marks Ordinance, 2001 10 .Trademarks designed by Chermayeff & Geismar (Chermayeff, Geismar,& Geissbuhler, 2000) 11 . Katherine L. Spencer,Evaluating Trademark Design,P. 08 12 . http//www. wipo. int/about-wipo(accessed on 28/11/2012) 13 . Katherine L. Spencer,Evaluating Trademark Design,P. 09 14 . http//cyber. law. harvard. edu/metaschool/fisher/domain/tm. htmarticle, Overview of Trademark Law 15 . ibid 16 . http//en. wikipedia. org/wiki/Wikimedia_Foundation(accessed on 25/ 11/2012) 17 . www. wipo. int-wipo(accessed on 28/11/2012) 18 . ibid 19 . www. wipo. int-wipo ( accessed on 28/11/2012) 20 . www. madridprotocol. info/internationaltrademarkprotection. html(accessed on 30/11/2012) 21 . html http//cyber. law. arvard. edu/metaschool/fisher/domain/tm. htmarticle, Overview of Trademark Law 22 . ibid 23 . ibid 24 . ibid 25 . www. wipo. int(accessed on 30/11/2012) 26 . http//blogs-images. forbes. com/davidvinjamuri/files/2012/09/Dr-Publix-2873001. jpg (accessed on 28/11/2012) 27 . Wrangler Apparel Corporation v. Axfor Garments 2008 C L D (70), 28 . Commentary On The Paris Convention For The Protection Of Industrial Property, Seth M. ReissLex-IP. com Honolulu, Hawaii, United States 29 . http//www. wipo. int/treaties/en/ip/paris/trtdocs_wo020. html(accessed on 28/11/2012) 30 . www. wto. org/english/tratop_e/trips_e/t_agm0_e. tm(accessed on 01/12/2012) 31 . World Trade Organisation Web-site http//www. wto. org 32 . www. worldtrademarklawreport . com(accessed on 18/11/2012) 33 . Societe De untruth v. Deputy Registrar of Trademarks and another, PLD 1979 Kar 83 34 . Alpha Sewing Machine v. Registrar of Trademarks and another, PLD 1990 SC 1074 35 . Morphy Richards Ltd v. Registrar of Trademark and another, 1992 MLD 2506 36 . Mars unified v. Pakistan Mineral Water Bottling Plant (Pvt. ) Ltd. 2001 M L D 39 37 . PLD 1988 Kar 569 38 . Ibid581 39 . PLD 1998 Lah 69 40 . Glaxo Vs. Evron,1992 CLC 2382 41 . barrel makers Incorporated Vs.Pakistan General Stores, 1981 SCMR 1039 42 . Ibid 1044 43 . Bolan Beverages vs. Pepsico Inc. , (2004 CLD 1530 44 . Concentrate Mfg. Co. , vs. Seven-up Bottling (2002 CLD 77) 45 . Roomi Enterprises vs. Stafford Miller (2005 CLD 1805 (DB)) 46 . www. ipo. gov. pk(accessed on 12/12/2021) 47 . ibid 48 . http//www. ipo. gov. pk/Trademark/TrademarkForms. aspx(accessed on 12/12/2012) 49 . The Trade Marks Journal (No. 734 March 1, 2012 50 . ibid 51 . http//www. ipo. gov. pk/Trademark/Downlo ads/TM-rules%202004. pdf(accessed on 28/11/2012) 52 . http//www. ipo. gov. pk(accessed on 12/12/2012) 53 . Sikander Sultan v. Masih Ahmed Shaikh2003 C L D (26)