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masterpeice resume SUPREME COURT OF CANADA. Citation: Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 ,  2 S.C.R. 387. Alavida Lifestyles Inc. International Trademark Association. Coram: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. Reasons for Judgment: Rothstein J. (McLachlin C.J. and Binnie, LeBel, Fish, Charron and Cromwell JJ. concurring)
Masterpiece Inc. v. Alavida Lifestyles Inc. , 2011 SCC 27,  2 S.C.R. 387. Masterpiece Inc. Appellant. Alavida Lifestyles Inc. Respondent. International Trademark Association Intervener.
Indexed as: Masterpiece Inc. v. Alavida Lifestyles Inc. 2010: December 8; 2011: May 26. Present: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. on appeal from the federal court of appeal. Intellectual property — Trade?marks — Confusion — Alberta company using unregistered trade?marks prior to Ontario company’s registration of similar trade?mark — Alberta company applying to expunge Ontario company’s trade?mark registration from Essay, register of trade?marks — Whether location where mark used is relevant to confusion analysis — What considerations are applicable in assessment of resemblance between proposed use trade?mark and existing unregistered trade?mark — How nature and cost of wares or services affects confusion analysis — Use of expert evidence in confusion analysis — Trade?marks Act, R.S.C. 1985, c. T?13, ss. 6 , 16(3) , 17 , 19 , 20 , 21 , 30 , 35 , 40(2) , 57(1) . Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are both involved in the retirement residence industry. Since 2001, Masterpiece Inc., operating in Alberta, has used several unregistered trade?marks, including “Masterpiece the Art of Living”.
Alavida, operating in Ontario, entered the market in 2005 and Essay Differences in Men and Womenâ€™s, applied to register the Othello's Flaws, trade?mark “Masterpiece Living” on December 1, 2005 on the basis of a proposed use. Alavida began using this trade?mark in January 2006. Shortly after Alavida’s application, Masterpiece Inc. also began using “Masterpiece Living” and applied to register it and the word “Masterpiece” as its trade?marks in 2006. Because of Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications were denied. Masterpiece Inc.’s subsequent application to expunge Alavida’s registration was dismissed by the trial judge who concluded that there was no likelihood of confusion between Alavida’s and Masterpiece Inc.’s marks. That decision was upheld on Essay about Differences and Womenâ€™s appeal.
Held : The appeal should be allowed and Alavida’s registration should be expunged. This case concerns the Othello's Essay, basic approach and criteria applicable to the confusion analysis and in particular, whether there was a likelihood of confusion between Alavida’s trade?mark and Masterpiece Inc.’s trade?name and trade?marks pursuant to s. 6 of the Trade?marks Act . The test is whether, as a matter of first impression, the is tesco extra, “casual consumer somewhat in a hurry” who encounters the Alavida trade?mark, with no more than an imperfect recollection of any one of the Masterpiece Inc. trade?marks or trade?name, would be likely to think that Alavida was the same source of Flaws Essay, retirement residence services as Masterpiece Inc. Section 6(5) sets out the required approach to a confusion analysis. All surrounding circumstances must be considered, including: (a) the inherent distinctiveness of the trade?marks or trade?names and extent to which they have become known; (b) the length of time the trade?marks or trade?names have been in use; (c) the nature of the wares, services or business; (d) the nature of the trade; and (e) the casp framework, degree of resemblance between the Othello's Flaws Essay, trade?marks or trade?names in appearance or sound or in the ideas suggested by them. The first issue to be determined is whether the location where a mark is used is relevant when considering the likelihood of confusion between a registered trade?mark and a prior unregistered one. Generally, pursuant to s. 19 , the owner of a registered trade?mark is entitled to the exclusive use of that mark throughout Canada. The test for economy, confusion is Othello's Flaws based upon placing the hypothetical assumption that the trade?names and trade?marks are used “in the same area”, irrespective of whether this is actually the case. In order for the owner of a registered trade?mark to Othello's Flaws Essay, have exclusive use of the trade?mark throughout Canada, there cannot be a likelihood of confusion with another trade?mark anywhere in the country. For this reason, the location where the disadvantages economy, marks were actually used is Othello's Flaws Essay not relevant. The second question involves the considerations applicable in the assessment of the resemblance between a proposed use trade?mark and an existing unregistered trade?mark.
It is the use of a trade?mark and not registration itself that confers priority of title and the exclusive right to the trade?mark. Rights are granted to the first user of a trade?mark in two ways under the Act. First, under s. 16, a party normally gains a priority right to register a trade?mark when it first uses that trade?mark. Second, a user is also able to Essay about Differences in Men and Womenâ€™s, oppose applications, or apply to expunge registrations based on its earlier use of a confusing trade?mark. Section 16(3) of the Flaws, Act recognizes the right of a prior user against any application for registration based upon subsequent use.
Masterpiece Inc. could apply to expunge Alavida’s trade?mark pursuant to s. 16(3) of the Act on the grounds of likelihood of confusion between Alavida’s trade?mark and edgar spoon river anthology, any of its trade?marks that had been in Flaws use before December 1, 2005. Further, Masterpiece Inc. was entitled to have each of its marks separately compared to Alavida’s “Masterpiece Living”. The trial judge erred in undertaking a single composite analysis, considering resemblance between “Masterpiece Living” and all of Masterpiece Inc.’s trade?marks and Essay Differences in Men, trade?name generally. Most confusion analyses should commence with an assessment of the resemblance between the marks in issue. The trial judge erred in considering Alavida’s actual use of its mark rather than addressing the entire scope of exclusive rights and potential uses that were granted to Alavida under its registration.
His approach did not recognize that Alavida was entitled to use the protected words in any form including a format that closely resembled Masterpiece Inc.’s marks. Here, because Alavida’s proposed trade?mark is Othello's Flaws Essay only the words “Masterpiece Living”, the difference or similarity with each of Masterpience Inc.’s trade?marks and trade?name must be assessed on the basis of these words alone. The striking or unique aspect of each trade?mark is the word “Masterpiece”. The idea evoked by casp framework each is also the same: high quality retirement lifestyle. Clearly, there is a strong resemblance between “Masterpiece the Flaws Essay, Art of Living” and “Masterpiece Living”. A third issue is what effect the nature of the business and cost of the wares or services has in the confusion analysis. Here, the trial judge erred in considering that consumers of expensive goods and services would generally take considerable time to inform themselves about the source of those goods and services to suggest a reduced likelihood of confusion.
Confusion must instead be assessed from the perspective of the first impression of the Differences Communication, consumer approaching a costly purchase when he or she encounters the trade?mark. The possibility that careful research could later remedy confusion does not mean that no confusion ever existed or that it would not continue to exist in the minds of consumers who did not carry out that research. The trial judge’s consideration should have been limited to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. Othello's Essay? marks, would have reacted. In circumstances where a strong resemblance suggests a likelihood of confusion, and the other s. 6(5) factors do not point strongly against a likelihood of confusion, cost is unlikely to lead to a different conclusion. A final issue is the role of expert evidence in the trade?mark confusion analysis. Generally, an expert should only be permitted to testify if the testimony is likely to be outside the experience and knowledge of the sparknotes, judge. Where the “casual consumer” is not particularly knowledgeable and Flaws, there is a resemblance between the marks, expert evidence that simply assesses that resemblance will not usually be necessary. Judges should consider the marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade?mark, using their own common sense, to what extra, determine whether the casual consumer would be likely to be confused when first encountering the trade?mark. In this case, Alavida’s expert engaged in a discussion of morphology and semantics instead of considering the marks as a whole.
He also based his analysis on Alavida’s actual post?registration use, rather than the full scope of rights granted to Alavida under its registration. Masterpiece Inc.’s survey was similarly unhelpful because it attempted to simulate consumers with an “imperfect recollection” when none was available. For this reason, the survey was not a valid assessment of the relevant question. Judges should be careful to question the necessity and relevance of Othello's Flaws, such evidence, perhaps as part of a case management process, particularly in light of the substantial cost of evidence that may be of little utility. Considering all the shiloh sparknotes, circumstances of the case, and particularly the strong similarity between Alavida’s “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the Art of Living”, Masterpiece Inc. has proven that the use of Alavida’s trade?mark in the same area as those of Essay, Masterpiece Inc.’s would be likely to edgar anthology, lead to the inference that the Othello's, services associated with Masterpiece Inc.’s trade?marks were being performed by Alavida. Because Masterpiece Inc.’s use preceded Alavida’s proposed use, Alavida was not entitled under s. 16(3) to registration of its trade?mark and it should be expunged from the register. Applied: Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22,  1 S.C.R. 772; Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23,  1 S.C.R.
824; Housen v. Nikolaisen , 2002 SCC 33,  2 S.C.R. 235; Hollis v. Disadvantages? Dow Corning Corp. Othello's Flaws? ,  4 S.C.R. 634; considered: R. v. Mohan ,  2 S.C.R. 9; Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. ,  S.C.R. 734; esure Insurance Ltd. v. Direct Line Insurance plc , 2008 EWCA Civ 842,  R.P.C. 34; General Electric Co. v. The General Electric Co. Ltd. ,  All E.R. 507; referred to: Partlo v. Todd (1888), 17 S.C.R.
196; Benson Hedges (Canada) Ltd. v. St. Regis Tobacco Corp. ,  S.C.R. 192; Leaf Confections Ltd. Casp Framework? v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511, aff’d (1988), 19 C.P.R. (3d) 331; Mr. Submarine Ltd. v. Amandista Investments Ltd. ,  3 F.C. 91; Conde Nast Publications Inc. v. Union des editions modernes (1979), 46 C.P.R. (2d) 183; General Motors Corp. v. Flaws? Bellows ,  S.C.R.
678. Statutes and Regulations Cited. Trade-marks Regulations , SOR/96?195 . Gill, Kelly, and R. Scott Jolliffe. Fox on Canadian Law of Trade?marks and Unfair Competition , 4th ed. Toronto: Carswell, 2002 (loose-leaf updated 2006, release 2). Hughes, Roger T., and Toni Polson Ashton. Hughes on Trade Marks , 2nd ed. Markham, Ont.: LexisNexis, 2005 (loose?leaf updated 2010, release 22). Shorter Oxford English Dictionary on casp framework Historical Principles , 5th ed. Oxford: Oxford University Press, 2002, “resemblance”.
Vaver, David. Intellectual Property Law: Copyright, Patents, Trade?marks , 2nd ed. Toronto, Ont.: Irwin Law, 2011. APPEAL from a judgment of the Othello's Flaws, Federal Court of Appeal ( Sexton, Layden?Stevenson and Trudel, JJ.A.), 2009 FCA 290,  4 F.C.R. 243, 397 N.R. 180, 78 C.P.R. (4th) 243, 312 D.L.R. (4th) 532,  F.C.J. No.
1263 (QL), 2009 CarswellNat 3122, affirming a decision of O’Reilly J., 2008 FC 1412, 338 F.T.R. Of Market? 168, 72 C.P.R. (4th) 160,  F.C.J. No. Essay? 1826 (QL), 2008 CarswellNat 4970. Appeal allowed. W. Clarke Hunter , Q.C. , Kelly Gill and Brandon Potter , for in Men and Womenâ€™s Communication, the appellant. Scott Miller , Sharon Griffin and Heather Gallant , for Othello's, the respondent. Daniel R. Bereskin , Q.C. , and Mark L. Robbins , for casp framework, the intervener.
The judgment of the Othello's Flaws Essay, Court was delivered by.  Trade-marks in Canada are an important tool to assist consumers and edgar lee masters river, businesses. In the Othello's Essay, marketplace, a business marks its wares or services as an indication of provenance. This allows consumers to know, when they are considering a purchase, who stands behind those goods or services. In this way, trade-marks provide a “shortcut to get consumers to where they want to go”, per Binnie J. in Mattel, Inc. v. 3894207 Canada Inc. Casp Framework? , 2006 SCC 22,  1 S.C.R. 772, at Flaws Essay, para. 21. Where the trade-marks of different businesses are similar, a consumer may be unable to discern which company stands behind the wares or services. Confusion between trade-marks impairs the objective of providing consumers with a reliable indication of the expected source of wares or services.
This case provides this Court with the opportunity of reviewing the basic approach and criteria applicable to about and Womenâ€™s Communication, a confusion analysis between competing trade-marks under the Othello's, Trade-marks Act , R.S.C. 1985, c. T-13 (“Act ”).  The question in this case is what is tesco extra whether the trade-mark “Masterpiece Living”, proposed and subsequently registered by Alavida Lifestyles Inc. (“Alavida”), a company entering the Flaws Essay, retirement residence industry in Ontario, was then confusing with the unregistered trade-marks or trade-name previously used by another company, Masterpiece Inc., in the retirement residence industry in Alberta.  Masterpiece Inc. contends that Alavida’s trade-mark, on the date its application for registration was filed with the Canadian Intellectual Property Office, December 1, 2005, was confusing with Masterpiece Inc.’s trade-name and trade-marks. It argues that Alavida was not entitled to apply for edgar spoon river anthology, registration of its mark because of its confusing similarity to Masterpiece Inc.’s trade-name and trade-marks, which were used prior to Alavida’s application. Thus, it argues, the registration is invalid and should be expunged.  Masterpiece Inc. was unsuccessful in the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and Federal Court of Appeal (2009 FCA 290,  4 F.C.R. Othello's Flaws? 423) and extra, now appeals to this Court.  I am of the respectful opinion that the learned trial judge and the Federal Court of Appeal in this case did not interpret and apply the criteria for determining confusion correctly.
Upon a correct interpretation and application, I conclude that Alavida’s proposed trade-mark “Masterpiece Living” was confusing with at least one of Masterpiece Inc.’s trade-marks when the registration application was filed on December 1, 2005. Therefore, Alavida was not entitled to registration of its proposed mark. Because I have found confusion between one of Masterpiece Inc.’s trade-marks and Alavida’s mark, it is not necessary to perform a confusion analysis between the other of Othello's Flaws Essay, Masterpiece Inc.’s trade-marks and its trade-name with Alavida’s mark. I would allow the appeal and order the Registrar of Trade-marks to disadvantages economy, expunge Alavida’s registration from the register of trade-marks.  I should make clear that this decision deals only with the question of expungement of Alavida’s trade-mark registration for “Masterpiece Living”. Whether Masterpiece Inc. Essay? may register a trade-mark that comprises or includes the word “Masterpiece” will now be a matter for Masterpiece Inc. and the Registrar.  Both Masterpiece Inc. and Alavida operate in the retirement residence industry. Prior to December 2005, Masterpiece Inc. used several trade-marks which included the word “Masterpiece”, as well as its trade-name “Masterpiece Inc.”. Alavida entered the market near the end of 2005 and applied to register the trade-mark “Masterpiece Living” to market its services.  Masterpiece Inc. was incorporated in 2001.
In the years between 2001 and shiloh sparknotes, 2005, it undertook two retirement residence construction and operation projects in Alberta and Othello's Essay, began a third. During this time, it used its corporate name, Masterpiece Inc., as a trade-name on what is tesco materials including prospectuses, contracts and advertisements.  Concurrently, Masterpiece Inc. used several unregistered trade-marks which involved the word “Masterpiece” including “Masterpiece the Art of Living”, “Masterpiece the Art of Othello's Flaws, Retirement Living”, and a stylized word “Masterpiece” alongside a butterfly logo. It also used other marks, including the trade-mark “Club Sierra”, in shiloh its advertisements.  Alavida, a subsidiary of Othello's Flaws Essay, Ashcroft Homes Inc., was incorporated on August 4, 2005. It applied to register the of market, trade-mark “Masterpiece Living” on Othello's Flaws Essay December 1, 2005, on the basis of Essay Differences in Men and Womenâ€™s, a proposed use. The mark was registered unopposed on Othello's Essay March 23, 2007.
Since January 2006, Alavida has used “Masterpiece Living” as its trade-mark.  Shortly after Alavida’s application, Masterpiece Inc. changed its branding slightly, and strategy, began using the very same trade-mark “Masterpiece Living”. The result of these almost simultaneous decisions was that, beginning in 2006, there were two Canadian companies, one operating in Alberta, another in Flaws Ontario, using the trade-mark “Masterpiece Living” in the retirement residence industry.  In January 2006, Masterpiece Inc. applied to strategy, register “Masterpiece” as a trade-mark, and in June 2006, it applied to register the trade-mark “Masterpiece Living”. As a result of Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications for Othello's Flaws, both the trade-mark “Masterpiece Living” and the trade-mark “Masterpiece” were denied, as the Registrar concluded that they were confusing with Alavida’s trade-mark “Masterpiece Living”.  On March 16, 2007, Masterpiece Inc. Casp Framework? commenced this application to expunge Alavida’s registration. It appears that Masterpiece Inc. did not oppose Alavida’s application. However, it was not argued that its failure to do so had any impact on Othello's Flaws the expungement proceedings. III. What Is Tesco Extra? Federal Court.
 O’Reilly J. Essay? dismissed Masterpiece Inc.’s application to expunge the Alavida trade-mark.  He found that if Alavida’s trade-mark was confusingly similar to any trade-marks or trade-names that had previously been used, Alavida would not be entitled to the registration. He held that when considering whether a confusing mark was used prior to is tesco extra, an application, “the relevant date is the date of filing of the application” (para. 9).  The trial judge found that Masterpiece Inc. had shown “ some use” of the trade-name “Masterpiece” and Othello's Flaws, related marks including the word “Masterpiece” prior to Alavida’s application (at para. 19 (emphasis in original)), although he found the use was rather sporadic. Casp Framework? He then considered whether there was a likelihood of confusion, under s. 6(5) of the Act , between Alavida’s trade-mark and these prior marks on the date of filing of Alavida’s application for registration.  In conducting the confusion analysis under s. 6(5) of the Act , he found that the word “Masterpiece” in association with retirement residences or services was somewhat inherently distinctive (para. Othello's Essay? 41), but that there had been no acquired distinctiveness through use in any of Masterpiece Inc.’s marks on the relevant date (para.
42). On the issue of the resemblance between the marks, the trial judge accepted observations made by one of Alavida’s experts that Alavida’s post-registration use of its marks differed from Masterpiece Inc.’s use of its marks, both in design and in the focus of the advertisements. He found that although there was “obviously a degree of resemblance” as between the Essay about in Men, two companies’ marks, these differences in use served to Othello's Flaws, reduce the likelihood of confusion (para. 46). Differences And Womenâ€™s Communication? He also observed that the choice of Othello's Flaws, retirement residence was an important and expensive decision. As a result, consumers could be expected to placing strategy, research their decisions carefully, which would also reduce the Othello's Flaws, likelihood of confusion.  On the basis of edgar lee masters, these considerations, he concluded that Masterpiece Inc. had not established that there was a likelihood of confusion between its trade-name and trade-marks and Alavida’s registered trade-mark. IV.
Federal Court of Appeal.  At the Federal Court of Appeal, Sexton and Trudel JJ.A., writing for the court, dismissed Masterpiece Inc.’s appeal.  The Court of Appeal upheld the findings of the trial judge that the Flaws Essay, relevant date for the confusion analysis was the Essay about, date of filing of Alavida’s trade-mark application, December 1, 2005. This finding was then applied to reject evidence presented by Masterpiece Inc. that by December 1, 2005, it had unexecuted plans to expand into the central Canadian market. The court found that the possibility of future confusion was not relevant to Othello's Essay, the assessment of confusion under the Act , and therefore Masterpiece Inc.’s intention to expand its operations into new markets was irrelevant. It stated, at shiloh, para. Essay? 22: At the shiloh, date of filing of the respondent’s trade-mark, the appellant did not sell its product in the same market as the respondent. This Court need not consider the appellant’s plans for expansion after that date.  The balance of the Court of Essay, Appeal reasons also generally agreed with the edgar lee masters spoon anthology, trial judge’s approach to the confusion analysis, and Othello's Essay, found no palpable and overriding errors in his consideration of the evidence. Thus, it held that Alavida’s registration should be maintained and sparknotes, dismissed Masterpiece Inc.’s appeal.
V. Issues on Appeal.  There are four issues for Othello's Flaws Essay, consideration by this Court: 1. River Anthology? Is the location where a mark is Othello's Flaws Essay used relevant when considering the likelihood of confusion between an applied for or registered trade-mark and shiloh sparknotes, a prior unregistered trade-mark or trade-name? 2. What considerations are applicable in the assessment of the resemblance between a proposed use trade-mark and an existing unregistered trade-mark? 3. When considering the Othello's Flaws, “nature of the trade” under s. 6(5) of the Act , what effect does the nature and cost of the wares or services have on the confusion analysis? 4. When should courts take into account expert evidence in trade-mark or trade-name confusion cases?
 Sections of the Act relevant to this appeal are reproduced in Essay in Men the Appendix at the conclusion of Essay, these reasons. A. Is the Location Where a Mark Is Used Relevant When Considering the Likelihood of Confusion Between an disadvantages, Applied for or Registered Trade-Mark and a Prior Unregistered Trade-Mark or Trade-Name?  In the Federal Court of Appeal, a major focus in the reasons was whether Masterpiece Inc.’s plan to Flaws, expand into eastern Canada, which could lead it into direct competition with Alavida, was relevant to the determination of confusion. While those plans have now been executed, and Masterpiece Inc. is operating in the retirement residence industry in Quebec, on December 1, 2005, they were merely plans.  The Federal Court of lee masters river anthology, Appeal concluded that these plans were not relevant. However, in doing so, it distinguished several authorities which Masterpiece Inc. Flaws? submitted to placing, support the Essay, relevance of its plans. Some of these authorities suggested that the geographical location where two trade-marks are used or proposed to be used does not affect the likelihood of confusion.  Distinguishing these authorities could be seen as an about Differences and Womenâ€™s Communication, acceptance that the geographical locale in which marks are used or proposed to be used is relevant for determining whether there is a likelihood of confusion. Indeed, in this Court, there was an intervention by the International Trademark Association which sought to address only Othello's Flaws this point. If it were true that geography was relevant, then Alavida could claim that there was no confusion between its marks and Masterpiece Inc.’s marks because on December 1, 2005, Masterpiece Inc. was only operating in Alberta, while it was operating in edgar spoon river Ontario.  While it is not entirely clear that the Federal Court of Appeal’s reasons should be read as suggesting that geography is relevant, I would take this opportunity to dispel any doubt on this point.
 The Canadian trade-marks regime is Othello's Flaws national in economy scope. Othello's Flaws Essay? The owner of a registered trade-mark, subject to a finding of invalidity, is entitled to the exclusive use of that mark in association with the wares or services to which it is connected throughout Canada. Section 19 of the Trade-marks Act provides: 19. Lee Masters Spoon? Subject to sections 21 , 32 and 67 , the registration of a trade-mark in respect of Othello's, any wares or services, unless shown to be invalid, gives to the owner of the trade-mark the exclusive right to the use throughout Canada of the trade-mark in respect of Essay in Men and Womenâ€™s Communication, those wares or services.  With respect to confusion, ss. 6(1) and (2) of the Trade-marks Act provide: 6. (1) For the purposes of this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the Othello's Essay, use of the first mentioned trade-mark or trade-name would cause confusion with the casp framework, last mentioned trade-mark or trade-name in the manner and circumstances described in this section. (2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to Othello's, lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the of market, same general class. Section 6(3) deals with trade-mark confusion with a trade-name and 6(4) with trade-name confusion with a trade-mark.
In subsections (2), (3) and Othello's, (4), the same formula is used “ if the use of both . Casp Framework? . . in the same area would be likely to lead to the inference”.  It is immediately apparent from these words, “if the use of both . . . in the same area”, that the test for confusion is based upon the hypothetical assumption that both trade-names and trade-marks are used “in the same area”, irrespective of whether this is actually the case. As a result, geographical separation in the use of Essay, otherwise confusingly similar trade-names and Essay Differences in Men and Womenâ€™s, trade-marks does not play a role in this hypothetical test. This must be the case, because, pursuant to s. Essay? 19 , subject to exceptions not relevant here, registration gives the owner the placing, exclusive right to the use of the trade-mark throughout Canada.  In order for the owner of a registered trade-mark to have exclusive use of the trade-mark throughout Canada, there cannot be a likelihood of Othello's, confusion with another trade-mark anywhere in the country.  Section 16(3) confirms this conclusion, stating that an applicant for a proposed mark will be entitled to casp framework, registration unless at the date of filing the trade-mark it is confusing with a trade-mark or trade-name that had been previously used in Canada. Section 16(3) provides: (3) Any applicant who has filed an application in accordance with section 30 for registration of a proposed trade-mark that is registrable is entitled , subject to sections 38 and 40 , to secure its registration in respect of the Othello's Essay, wares or services specified in the application, unless at the date of filing of the application it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in about in Men and Womenâ€™s Communication Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person.  Whether in assessing trade-mark infringement under s. 19 or entitlement under s. 16, the test for likelihood of confusion is the same.
The application of the hypothetical test reflects the legislative intent to provide a national scope of protection for Othello's Flaws, registered trade-marks in Canada (see D. Placing? Vaver, Intellectual Property Law: Copyright, Patents, Trade-marks (2nd ed. Essay? 2011), at Essay about Differences in Men, p. 536). B. What Considerations Are Applicable in Othello's Flaws Essay the Assessment of the Resemblance Between a Proposed Use Trade-Mark and an Existing Unregistered Trade-Mark?  To clarify the proper approach to assessing the resemblance between a proposed use trade-mark and existing unregistered marks, it will be useful to address a number of issues: (1) the relationship between use and registration; (2) the test for disadvantages of market economy, confusion; (3) the necessity to consider each mark separately; (4) the Flaws Essay, approach to testing for resemblance; (5) the necessity to consider the proposed use trade-mark according to its terms, rather than by its actual use; (6) the requirement to assess the economy, unregistered marks according to their actual use; and. (7) the resemblance between the trade-marks in issue.
While these issues are relevant in this case, they are not intended to be an Othello's, exhaustive list of about Differences, all considerations that are relevant in Othello's assessing resemblance. (1) The Relationship Between Use and Registration.  At the outset, it is important to recall the casp framework, relationship between use and registration of a trade-mark. Registration itself does not confer priority of title to a trade-mark. At common law, it was use of Othello's Flaws, a trade-mark that conferred the exclusive right to the trade-mark. While the what is tesco extra, Trade-marks Act provides additional rights to a registered trade-mark holder than were available at common law, registration is Othello's only available once the right to the trade-mark has been established by use.
As explained by of market Ritchie C.J. in Partlo v. Flaws? Todd (1888), 17 S.C.R. 196, at p. 200: It is not the registration that makes the party proprietor of a trade-mark; he must be proprietor before he can register . . . .  That principle established under Canada’s early trade-mark legislation continues under the present Act . Rights arising from use have been incorporated into the Act by granting rights to the first user of a trade-mark in two ways. First, under s. 16 , a party normally gains a priority right to register a trade-mark when it first uses that trade-mark. Second, a user is also able to oppose applications or apply to placing, expunge registrations based on its earlier use of a confusing trade-mark. This explains why an Othello's, unregistered trade-mark of Masterpiece Inc. can be the casp framework, basis of a challenge to Othello's Flaws Essay, Alavida’s subsequent registration application.
Section 16(3) of the Act recognizes the what is tesco, right of a prior user against any application for registration based upon subsequent use. Section 17(1) preserves that right, subject to certain limitations that are of Othello's, no relevance here, where the trade-mark has been registered.  It should also be explained why Alavida’s application for a proposed trade-mark on in Men Communication December 1, 2005, would preclude Masterpiece Inc.’s subsequent trade-mark applications based on actual use. As noted above, at Othello's Flaws, common law, trade-mark protection only arose from actual use. Casp Framework? However, under the current Trade-marks Act , the opportunity was created for an applicant to claim priority as of the date the applicant files for a proposed but yet unused trade-mark. Registration will, however, not occur unless the applicant subsequently provides a declaration demonstrating that the proposed trade-mark was actually used within the time specified in Othello's Flaws s. 40(2) of the Act .  In this case, Alavida did provide such a declaration, with the result that its priority claim as of December 1, 2005, the date it filed its registration application, precluded Masterpiece Inc. from obtaining registration of “Masterpiece Living”, the exact same trade-mark as Alavida, by a subsequent application based on use after December 1, 2005. Instead, it would have had to oppose Alavida’s application or would have to apply to expunge Alavida’s trade-mark registration on the grounds of what, likelihood of confusion between Alavida’s trade-mark and its trade-marks or trade-name that had been in use before December 1, 2005. Because Masterpiece Inc. did not oppose Alavida’s application, which was granted, the only remedy open to Othello's Flaws, Masterpiece Inc. was to apply to have Alavida’s mark expunged. If successful, this remedy would allow Masterpiece Inc.’s application for registration of its own trade-marks to be considered on its merits by Communication the Registrar of Flaws Essay, Trade-marks. (2) The Test for sparknotes, Confusion.
 The question at the centre of this case is whether there was confusion between Alavida’s and Masterpiece Inc.’s trade-marks or trade-name in terms of s. 6 of the Act . In my respectful opinion, the learned trial judge erred in law when conducting the confusion analysis, and thereby erred in his conclusion that Masterpiece Inc. Flaws Essay? had not established confusion between its trade-name and trade-marks and Alavida’s now registered trade-mark.  At the outset of this confusion analysis, it is useful to bear in mind the test for confusion under the economy, Trade-marks Act . In Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23,  1 S.C.R. 824, Binnie J. restated the traditional approach, at para. 20, in the following words: The test to be applied is a matter of first impression in the mind of a casual consumer somewhat in a hurry who sees the [mark], at a time when he or she has no more than an imperfect recollection of the [prior] trade-marks, and does not pause to give the matter any detailed consideration or scrutiny, nor to examine closely the Othello's Flaws, similarities and differences between the marks. Binnie J. referred with approval to the words of Pigeon J. in and Womenâ€™s Benson Hedges (Canada) Ltd. Othello's Essay? v. St. Regis Tobacco Corp. ,  S.C.R. What Is Tesco? 192, at p. 202, to Othello's Essay, contrast with what is not to be done — a careful examination of competing marks or a side by side comparison.  In this case, the question is whether, as a matter of Essay Differences Communication, first impression, the “casual consumer somewhat in a hurry” who sees the Alavida trade-mark, when that consumer has no more than an imperfect recollection of any one of the Masterpiece Inc. trade-marks or trade-name, would be likely to be confused; that is, that this consumer would be likely to think that Alavida was the same source of retirement residence services as Masterpiece Inc.
(3) The Necessity to Consider Each Mark Separately.  As noted above, the Othello's Flaws, basis for Masterpiece Inc.’s claim under s. 16(3) of the about Differences and Womenâ€™s Communication, Act is that the trade-mark for which Alavida applied was confusing with any trade-mark or the trade-name it had used prior to December 1, 2005.  Under s. 16(3), even one confusingly similar trade-mark or trade-name will invalidate Alavida’s registration. In pleading several potentially confusingly similar trade-marks and trade-names, Masterpiece Inc. presented several distinct bases for an invalidation of Flaws, Alavida’s registration.  Section 6(5) of the Act sets out the required approach to a confusion analysis. All surrounding circumstances must be considered including: ( a ) the inherent distinctiveness of the trade-marks or trade-names and casp framework, the extent to which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the Othello's Essay, nature of the casp framework, wares, services or business; ( d ) the nature of the trade; and. ( e ) the degree of resemblance between the Othello's, trade-marks or trade-names in appearance or sound or in placing the ideas suggested by them.  Some of the s. 6(5) factors that guide the Othello's Flaws, confusion analysis will be the same for casp framework, each of the trade-marks and Othello's Flaws, trade-name in this case. For example, all of the evidence suggests that Masterpiece Inc. only engaged in the retirement residence industry and used all of its marks in relation to that industry.
In others, each mark will have to be considered separately. Casp Framework? For example, because the Masterpiece Inc. trade-marks are different in Othello's Flaws content from placing strategy, one another, and are different from the trade-name, it will be necessary to consider the similarity of Alavida’s proposed trade-mark, “Masterpiece Living”, to each of the trade-marks and trade-name for which Masterpiece Inc. has established use.  The trial judge found that Masterpiece Inc. demonstrated that it had used the trade-name “Masterpiece” and the trade-marks “Masterpiece the Art of Retirement Living” and “Masterpiece the Othello's Flaws, Art of Living”. Alavida’s application for registration was for the trade-mark “Masterpiece Living”. Strategy? It was therefore necessary to compare Alavida’s “Masterpiece Living” with each of Masterpiece Inc.’s trade-marks and trade-name separately.  However, instead of undertaking a separate resemblance analysis comparing each of Masterpiece Inc.’s marks and trade-name with Alavida’s mark, the Othello's Essay, trial judge undertook a single composite analysis. He only considered the issue of resemblance between “Masterpiece Living” and what extra, all of Masterpiece Inc.’s trade-marks and trade-name generally. Othello's Flaws? At para.
46, he stated: There is obviously a degree of resemblance as between Masterpiece Inc.’s trade-name and marks and Essay about in Men Communication, Alavida’s registered mark for “Masterpiece Living”. However, as part of the overall circumstances, I note that Alavida’s use of Othello's, “Masterpiece Living” has been in the nature of a slogan accompanying its corporate identity. By contrast, Masterpiece Inc. uses “Masterpiece” to identify the casp framework, company itself, along with various other words and Flaws, phrases of far lesser prominence, alongside a distinctive butterfly logo. River Anthology? These differences help reduce the likelihood of confusion. [Emphasis added.]  However, under ss.
16(3) ( a ) and Flaws, ( c ) of the Act , Masterpiece Inc. was entitled to assert, and have considered, any of the marks or trade-name that it had used prior to December 1, 2005, as a basis to edgar river, challenge Alavida’s application for Essay, registration. Casp Framework? In my opinion, the trial judge erred in not conducting the separate analysis required by Othello's Flaws Essay the Act . Some of the expert evidence which treated Masterpiece Inc.’s trade-marks and edgar spoon, trade-name as a whole instead of Flaws, one by one (see, e.g., paras. 21-23 and 36), may have contributed to this error. (4) The Approach to Testing for Resemblance.  In applying the s. 6(5) factors to is tesco extra, the question of confusion, the trial judge conducted his analysis in the order of the criteria set forth in s. 6(5) , concluding with a consideration of the resemblance between the marks. While it is no error of law to do so, the degree of resemblance, although the Essay, last factor listed in s. 6(5) , is the statutory factor that is often likely to have the greatest effect on the confusion analysis (K. Gill and casp framework, R. S. Jolliffe, Fox on Canadian Law of Trade-marks and Unfair Competition (4th ed. (loose-leaf)), at p. 8-54; R. T. Hughes and T. P. Ashton, Hughes on Trade Marks (2nd ed. (loose-leaf)), at Othello's Essay, §74, p. 939). As Professor Vaver points out, if the what is tesco extra, marks or names do not resemble one another, it is unlikely that even a strong finding on the remaining factors would lead to Othello's, a likelihood of confusion. The other factors become significant only once the marks are found to be identical or very similar (Vaver, at p. 532). As a result, it has been suggested that a consideration of resemblance is where most confusion analyses should start ( ibid. Shiloh Sparknotes? ).  I will therefore first review the trial judge’s consideration of the Othello's Flaws, degree of resemblance of the marks. (5) The Necessity to Essay about in Men, Consider the Proposed Use Trade-Mark According to Othello's, Its Terms, Rather Than by extra Its Actual Use.
 In his analysis, the trial judge found that there was “obviously a degree of resemblance as between Masterpiece Inc.’s trade-name and marks and Alavida’s registered mark” (para. Othello's? 46).  It is clear from the trial judge’s reasons that he took into account Alavida’s actual use of its mark in comparing the Alavida and Masterpiece Inc. marks. For convenience, I repeat a portion of sparknotes, para. 46 of Essay, his reasons: However, as part of the overall circumstances, I note that Alavida’s use of casp framework, “Masterpiece Living” has been in the nature of a slogan accompanying its corporate identity.  In my opinion, the trial judge’s consideration of Alavida’s actual use of its mark was problematic.
The difficulty is that it takes into account a single form of the trade-mark that Alavida used after the Othello's Essay, relevant date. This single use did not reflect the entire scope of exclusive rights that were granted to casp framework, Alavida under its registration. As found by Binnie J. in Mattel , at para. 53: The appellant argued that the Othello's Essay, courts below erred in looking at the respondent’s actual operations rather than at the terms set out in its application for the proposed trade-mark. It is quite true that the proper focus is the economy, terms of the application, because what is at issue is what the registration would authorize the respondent to do, not what the respondent happens to be doing at the moment.  Alavida’s registration process began on December 1, 2005, with an application based on proposed use. At s. 30, the Act sets out what must be included in an application for registration. Othello's? When submitting the application, an applicant is required to disadvantages, provide a formulation of its trade-mark in addition to various other pieces of information.
The trade-mark on Essay an application may simply be a word mark, or it may be a design, or it may be a word mark and design (for example, see the marks in Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511 (F.C.T.D.), aff’d (1988), 19 C.P.R. (3d) 331 (F.C.A.)). The application may identify the mark as being used only with particular colours: Trade-marks Regulations , SOR/96-195. What Is Tesco Extra? An application may also contain disclaimers, or an applicant may be required by the Registrar to include disclaimers, to limit the scope of trade-mark rights: s. 35 of the Act .  In this case, Alavida’s registration (TMA 684,557) identifies the Othello's Essay, trade-mark that Alavida applied for of market economy, and was subsequently registered — the words “Masterpiece Living”. This trade-mark is identified only in a textual form. It would therefore permit Alavida to use the words “Masterpiece Living” in any size and with any style of lettering, color or design.
As found by the Federal Court of Appeal in Mr. Submarine Ltd. v. Flaws? Amandista Investments Ltd. ,  3 F.C. 91: Nothing restricts the appellant from changing the colour of its signs or the style of lettering of casp framework, “Mr. Submarine” or from engaging in a telephone and delivery system such as that followed by the respondent or any other suitable system for the sale of its sandwiches. Were it to make any of these changes its exclusive right to the use of Othello's Flaws, “Mr. Submarine” would apply just as it applies to its use in the appellant’s business as presently carried on. Casp Framework? Whether the respondent’s trade marks or trade names are confusing with the appellant’s registered trade mark must accordingly be considered not only having regard to the appellant’s present business in the area of the Flaws Essay, respondent’s operations but having regard as well to whether confusion would be likely if the appellant were to operate in that area in any way open to casp framework, it using its trade mark in association with the sandwiches or services sold or provided in the operation. [Emphasis added; pp. 102-3.]  When engaging in a confusion analysis, it is Othello's Essay important to keep in strategy mind that the exclusive rights granted by the Act refer to a registered trade-mark (ss.
19 , 20 and 21 ). Where a court is called upon to decide if there is a likelihood of confusion between that registered trade-mark and any registered or previously used unregistered trade-marks, the analysis should address the Flaws Essay, proposed trade-mark for which the about in Men and Womenâ€™s Communication, registration was ultimately obtained.  If the trial judge had recognized that it was open to Alavida to use its trade-mark in any way within the scope of Flaws Essay, its registration, he would have had to conclude that the actual use by Alavida did not limit Alavida’s rights. Disadvantages Of Market Economy? Alavida was entitled to use the words in any form.  The problem with an analysis which takes into account limited use becomes apparent by observing that the bare words “Masterpiece Living” could be presented in many ways under the registration. Nothing would prevent Alavida from altering its advertising to Othello's Essay, highlight the word “Masterpiece” and placing strategy, give the word “Living” less prominence, just as Masterpiece Inc. had done, or from changing the font or style of lettering that it had used.  For this reason, it was incorrect in Othello's Essay law to limit consideration to Alavida’s post-application use of its trade-mark to edgar spoon river anthology, find a reduced likelihood of confusion. Othello's Essay? Actual use is not irrelevant, but it should not be considered to the exclusion of potential uses within the registration. For example, a subsequent use that is within the scope of is tesco extra, a registration, and is the same or very similar to an existing mark will show how that registered mark may be used in a way that is confusing with an existing mark.
(6) The Requirement to Assess the Unregistered Marks According to Their Actual Use.  As for Masterpiece Inc., because its trade-marks were unregistered on December 1, 2005, it may only rely on those trade-marks that it had actually used and the trade-name under which it had been carrying on business, and which had not been abandoned up to Essay, that date (see s. 17(1)). Differences And Womenâ€™s Communication? There is no suggestion of abandonment in Flaws this case (transcript, at p. Edgar Spoon? 17, lines 8-12). (7) The Resemblance Between the Trade-Marks in Issue.  In a case such as this, comparison can be approached by considering only those characteristics that define the relevant trade-marks or trade-name.
It is only these elements that will allow consumers to distinguish between the Flaws, two trade-marks or between the trade-mark and the trade-name. Here, because Alavida’s proposed trade-mark is what extra only the words “Masterpiece Living”, the difference between or similarity with each of Masterpiece Inc.’s trade-marks and Othello's Flaws Essay, trade-name must be assessed only on placing the basis of these words alone. In my opinion, Alavida’s “Masterpiece Living” is closest to Masterpiece Inc.’s “Masterpiece the Art of Othello's Flaws, Living”. I think that comparing this Masterpiece Inc. Essay Differences Communication? trade-mark with the Flaws Essay, Alavida trade-mark is decisive. If Alavida’s mark is shiloh not likely to cause confusion with this Masterpiece Inc. mark, it is unnecessary to consider the other Masterpiece Inc. marks and trade-name which are less similar to the Alavida trade-mark. Conversely, if Alavida’s trade-mark is found to be likely to cause confusion with this Masterpiece Inc. mark, it is unnecessary to test resemblance of its trade-mark with other Masterpiece Inc. trade-marks or its trade-name, although they may be relevant as part of the surrounding circumstances when likely confusion with the “Masterpiece the Essay, Art of Living” trade-mark is Differences considered.  Resemblance is defined as the quality of being either like or similar; see Shorter Oxford English Dictionary on Historical Principles (5th ed. Othello's? 2002), at p. 2544, under the definition of “resemblance”.
The term “degree of resemblance” in s. 6(5) ( e ) of the Act implies that likelihood of confusion does not arise solely from casp framework, identical trade-marks. “[D]egree of resemblance” recognizes that marks with some differences may still result in Othello's likely confusion.  The first word in both Alavida’s and Masterpiece Inc.’s trade-marks is the identical word “Masterpiece”. It has been held that for purposes of distinctiveness, the first word is important (see Conde Nast Publications Inc. v. Union des editions modernes (1979), 46 C.P.R. (2d) 183 (F.C.T.D.), at p. 188, per Cattanach J.).  While the first word may, for purposes of distinctiveness, be the most important in some cases, I think a preferable approach is to first consider whether there is an aspect of the disadvantages of market economy, trade-mark that is particularly striking or unique. Essay? Here there is nothing striking or unique about the word “Living” or the words “the Art of Living”. What? “Masterpiece” is the word that distinguishes Alavida and Masterpiece Inc. from other sources of retirement residence services. It is a reasonable conclusion that “Masterpiece” is the dominant word in these trade-marks, and Essay, it is obviously identical as between Alavida and Masterpiece Inc.
By the same token, in the context of the retirement residence industry, the idea evoked by the word “Masterpiece”, high quality retirement lifestyle, is the same for both Alavida and Masterpiece Inc. Finally, the word “Living” is identical as between the Alavida and Masterpiece Inc. trade-marks.  Given these striking similarities, it is, in my respectful view, very difficult not to find a strong resemblance as a whole between the two, Masterpiece Inc.’s trade-marks and Alavida’s trade-mark. C. When Considering the “Nature of the Trade” Under Section 6(5) of the Act , What Effect Does the Nature and Cost of the Wares or Services Have on the Confusion Analysis?  A further difficulty is the trial judge’s consideration of the cost associated with a retirement residence. Strategy? He found that consumers in the market for a retirement residence will take more care and ultimately will be less likely to be led astray by Othello's confusing trade-marks than if they were in the market for less expensive wares or services. What Is Tesco? In taking into account both the Essay, nature of the parties’ business under s. 6(5)( c ) and the “nature of the trade” under s. 6(5)( d ), the Essay Differences Communication, trial judge wrote: Turning to the nature of the business, both companies operate in the area of expensive retirement residences and Othello's Flaws, services.
People take considerable care in choosing a residence and selecting the company that will provide it. In these circumstances, consumers can be presumed to be less susceptible to confusion about the strategy, source of the Othello's Flaws, goods or services they are seeking because they are unlikely to make choices based on first impressions. They will generally take considerable time to inform themselves about the source of expensive goods and services ( General Motors Corp. v. Bellows ,  S.C.R. 678). [Emphasis added; para. 43.]  This Court has affirmed that consumers in the market for expensive goods may be less likely to be confused when they encounter a trade-mark, but the test is placing still one of “first impression”. In his reasons, the trial judge used the importance and cost of expensive goods and services to change the likelihood of confusion test from one of Essay, first impression of a trade-mark to a test of consumers being “unlikely to make choices based on about Differences and Womenâ€™s Communication first impressions”. This approach is Othello's not consistent with the test for confusion under s. 6(5) which has been consistently endorsed by this Court, most recently in shiloh Veuve Clicquot .  While the Othello's Essay, hypothetical test for likelihood of casp framework, confusion must be applied in all situations, it is Essay flexible enough to reflect the observation of Binnie J. in what is tesco Mattel , at Flaws, para. 58: When buying a car or a refrigerator, more care will naturally be taken than when buying a doll or a mid-priced meal . . Disadvantages? . .  However, as one element of the broader hypothetical test, this care or attention must relate to the attitude of the consumer approaching an important or costly purchase when he or she encounters the trade-mark, not to Othello's, the research or inquiries or care that may subsequently be taken. As Rand J. put it in General Motors Corp. v. Sparknotes? Bellows ,  S.C.R. 678, at Essay, p. 692:
Do the words then in that situation [refrigerators] lend themselves to the errors of faint impression or recollection of the average person who goes to their market ? [Emphasis added.]  The focus of casp framework, this question is the Othello's, attitude of a consumer in the marketplace. Properly framed, consideration of the nature of the shiloh, wares, services or business should take into account that there may be a lesser likelihood of trade-mark confusion where consumers are in the market for expensive or important wares or services. The reduced likelihood of confusion is still premised on the first impression of consumers when they encounter the marks in question. Where they are shopping for Othello's Flaws, expensive wares or services, a consumer, while still having an imperfect recollection of a prior trade-mark, is likely to be somewhat more alert and aware of the trade-mark associated with the wares or services they are examining and its similarity or difference with that of the prior trade-mark. A trade-mark, as Binnie J. observed in Mattel , is a shortcut for consumers. That observation applies whether they are shopping for more or less expensive wares or services.  It is not relevant that, as the trial judge found, consumers are “unlikely to make choices based on first impressions” or that they “will generally take considerable time to shiloh, inform themselves about the Flaws Essay, source of expensive goods and services” (para. 43).
Both of of market, these — subsequent research or consequent purchase — occur after the consumer encounters a mark in the marketplace.  This distinction is important because even with this increased attentiveness, it may still be likely that a consumer shopping for expensive goods and services will be confused by Flaws Essay the trade-marks they encounter. Careful research and deliberation may dispel any trade-mark confusion that may have arisen. However, that cannot mean that consumers of expensive goods, through their own caution and wariness, should lose the benefit of lee masters spoon river anthology, trade-mark protection. It is Essay confusion when they encounter the trade-marks that is relevant. Careful research which may later remedy confusion does not mean that no confusion ever existed or that it will not continue to exist in the minds of consumers who did not carry out that research.  Indeed, before source confusion is remedied, it may lead a consumer to seek out, consider or purchase the wares or services from a source they previously had no awareness of or interest in. Such diversion diminishes the value of the goodwill associated with the trade-mark and business the consumer initially thought he or she was encountering in seeing the extra, trade-mark.
Leading consumers astray in this way is one of the evils that trade-mark law seeks to Othello's Flaws Essay, remedy. Consumers of expensive wares or services and owners of the associated trade-marks are entitled to trade-mark guidance and protection as much as those acquiring and selling inexpensive wares or services.  For these reasons, it was an error to discount the likelihood of confusion by considering what actions the consumer might take after encountering a mark in the marketplace. The trial judge should have instead limited his consideration to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. Extra? mark, would have reacted. Because consumers for expensive retirement residence accommodation may be expected to pay somewhat more attention when first encountering a trade-mark than consumers of less expensive wares or services, cost is not irrelevant.
However, in circumstances where a strong resemblance suggests a likelihood of confusion, and the other s. 6(5) factors do not point strongly against a likelihood of confusion, then the Othello's, cost is unlikely to lead to a different conclusion. D. When Should Courts Take Into Account Expert Evidence in Trade-Mark Confusion Cases? (1) The Judge’s Role in Controlling the Admission of Expert Evidence.  Tendering expert evidence in trade-mark cases is no different than tendering expert evidence in other contexts. This Court in R. v. Mohan ,  2 S.C.R. 9, set out four requirements to be met before expert evidence is accepted in a trial: (a) relevance; (b) necessity in assisting the trier of fact; (c) the absence of any exclusionary rule; and (d) a properly qualified expert. In considering the standard for the second of these requirements, “necessity”, the Court explained that an expert should not be permitted to testify if their testimony is not “likely to is tesco, be outside the experience and knowledge of a judge”: This pre-condition is often expressed in terms as to whether the evidence would be helpful to the trier of fact. Othello's Essay? The word “helpful” is not quite appropriate and sets too low a standard.
However, I would not judge necessity by too strict a standard. What is required is that the opinion be necessary in the sense that it provide information “which is likely to be outside the experience and knowledge of a judge or jury”: as quoted by Dickson J. in R. v. Abbey , supra . Essay And Womenâ€™s? As stated by Dickson J., the evidence must be necessary to enable the Othello's Flaws, trier of fact to appreciate the matters in placing strategy issue due to Flaws Essay, their technical nature. [p. 23]  In light of the strategy, relatively extensive expert evidence in this case, and the difficulties with the Othello's Flaws Essay, evidence that I discuss below, I think it is timely to recall that litigation is costly. Courts must fulfil their gatekeeper role to ensure that unnecessary, irrelevant and potentially distracting expert and survey evidence is not allowed to extend and complicate court proceedings. Strategy? While this observation applies generally, I focus particularly on trade-mark confusion cases, which is the subject of this appeal.  If a trial judge concludes that proposed expert evidence is unnecessary or irrelevant or will distract from the issues to be decided, he or she should disallow such evidence from Essay, being introduced. I will also suggest that proposed expert and survey evidence be a matter for consideration at the case management stage of proceedings so that if such evidence would not be admissible at trial, much of the cost of engaging experts and conducting surveys may be avoided.
To explain my reasons, I turn to edgar lee masters spoon, the expert evidence in this case. (2) The Expert Evidence in This Case Did Not Assist With the Confusion Analysis.  A significant part of the trial judgment, and argument in this Court, was dedicated to the expert evidence submitted by the parties. This evidence took two forms: expert testimony adduced by Alavida on how a consumer is likely to Othello's Essay, react when presented with the casp framework, trade-marks, and a survey conducted by an expert for Masterpiece Inc. which was heavily critiqued by an expert for Alavida.  It is apparent that the expert evidence on either side was not particularly helpful. Significant portions of the evidence were contradictory and acrimonious. Flaws Essay? In the result, these disputes appear to have substantially distracted from the confusion analysis rather than assisting it.  The first problem was that much of the expert testimony did not meet the second Mohan requirement of strategy, being necessary. In a case such as this, where the “casual consumer” is not expected to be particularly skilled or knowledgeable, and there is a resemblance between the marks, expert evidence which simply assesses that resemblance will not generally be necessary. And it will be positively unhelpful if the expert engages in an analysis that distracts from the Flaws, hypothetical question of likelihood of confusion at the centre of the analysis.  The evidence of one of casp framework, Alavida’s experts consisted in part of Othello's Flaws Essay, a discussion of Differences, morphology, semantics, rules of grammar and conventions of expression.
This led him to conclude that in the case of Alavida’s “Masterpiece Living” trade-mark, the focus of the mark is on life and living, where living is the dominant element. On the other hand, in the case of Flaws, Masterpiece Inc.’s “Masterpiece the Art of Living”, his view was that “Masterpiece” is the focal point which he thought reduced the likelihood of confusion.  I have considerable difficulty understanding how this expert reached these conclusions on the basis of his analysis. If a conclusion is rational, an expert must be able to explain the reasons for it. This is especially so where the opposite conclusion seems intuitively more likely. No such explanation was provided. Essay Differences In Men And Womenâ€™s Communication? The distinctive word is “Masterpiece” in both cases, not “Living”. “Masterpiece” is the first word in each trade-mark.
The word “Living” appears in Othello's Essay both the Masterpiece Inc. and Alavida trade-marks. The idea of the trade-marks is the same. As discussed above, in this case, it is apparent that in the retirement residence industry, Alavida’s “Masterpiece Living” closely resembles Masterpiece Inc.’s “Masterpiece the Art of Living”.  Neither an expert, nor a court, should tease out and analyze each portion of a mark alone. Rather, it should consider the mark as it is Essay in Men and Womenâ€™s encountered by Othello's Essay the consumer — as a whole, and casp framework, as a matter of Othello's Flaws Essay, first impression. In Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. ,  S.C.R. 734, Spence J., in deciding whether the words “DANDRESS” and “RESDAN” for strategy, removal of dandruff were confusing, succinctly made the point, at pp. 737-38: “[T]he test to be applied is with the average person who goes into Essay the market and not one skilled in semantics.”  However, considering a trade-mark as a whole does not mean that a dominant component in shiloh sparknotes a mark which would affect the overall impression of an average consumer should be ignored: see esure Insurance Ltd. v. Direct Line Insurance plc , 2008 EWCA Civ 842,  R.P.C.
34, at para. 45, per Arden L.J. This is because, while the consumer looks at the mark as a whole, some aspect of the Othello's Essay, mark may be particularly striking. That will be because that aspect is the most distinctive part of the whole trade-mark. In this case, contrary to the view of the expert, the most distinctive and dominant component of the marks in issue is in all cases the word “Masterpiece” because it provides the content and economy, punch of the trade-mark. The word “Living” is Othello's Flaws Essay bland by comparison.  Another difficulty with this expert evidence is that it compared Masterpiece Inc.’s marks with Alavida’s trade-mark in the format and font in which it was used by Alavida subsequent to December 1, 2005. The expert did not, as was necessary in this case, consider any other presentation available to Alavida in accordance with its trade-mark registration. For example, as discussed above, nothing would preclude Alavida from using the same format and font as Masterpiece Inc. and giving prominence to the word “Masterpiece” in the same manner as Masterpiece Inc. This may have been what led the trial judge into the same error in concluding that the placing, subsequent use by Alavida of its trade-mark was sufficiently different from Masterpiece Inc.’s trade-marks and trade-name that it would reduce the likelihood of confusion.
 Another problematic example in the expert evidence relates to the expert’s reference to the cost and importance of the goods or services in question. The expert expresses the opinion: As decision extend[s] from the shallow to the grave end of the decision spectrum, consumers exert a higher degree of Othello's, consumer care and attention, increase their efforts to acquire information, engage in elaborate product search behaviours, and judge competing offers with elevated levels of scrutiny. Most importantly, as the economy, degree of care exercised increases, the likelihood of Flaws Essay, confusion decreases. [A.R., vol. II, at p. 75]  It is apparent that the what is tesco, expert was focusing on points in time after the Flaws, consumer first encountered the trade-mark. As I have explained, subsequent research and care may unconfuse the consumer, but they do not detract from the confusion relevant for purposes of the Trade-marks Act that occurred when the consumer first encountered the lee masters anthology, trade-mark. The expert made assumptions of law that were wrong, and his conclusions were therefore wrong. This may have diverted the trial judge from the correct legal test to apply when judging confusion.
 In view of these and other difficulties with the expert evidence in this case, I think it may be useful to comment generally on the use of expert evidence in Othello's a confusion case. In doing so, I have found guidance in the observations of Lord Diplock in General Electric Co. v. The General Electric Co. Ltd. ,  2 All E.R. Shiloh Sparknotes? 507 (H.L.). Othello's Flaws Essay? He distinguished between goods sold in edgar lee masters spoon river anthology a specialized market of sophisticated consumers engaged in a particular trade, e.g., large industrial electrical machinery, on the one hand, and those sold to the general public, on the other.
Where the market is specialized, evidence about the special knowledge or sophistication of the targeted consumers may be essential to Othello's, determining when confusion would be likely to arise. However, where goods are sold to the general public for ordinary use, he explained, at p. 515: . Edgar River Anthology? . . the Othello's Flaws, question whether such buyers would be likely to be deceived or confused by placing the use of the trade mark is a ‘jury question’. By that I mean that if the issue had now, as formerly, to be tried by a jury, who as members of the Othello's, general public would themselves be potential buyers of the goods, they would be required not only to consider any evidence of Essay in Men and Womenâ€™s, other members of the public which had been adduced but also to use their own common sense and to consider whether they would themselves be likely to be deceived or confused.  The question is not answered differently when the issue is determined by a judge. Othello's Flaws? Lord Diplock wrote, continuing at casp framework, p. 515: The judge’s approach to the question should be the same as that of a jury. He, too, would be a potential buyer of the Flaws Essay, goods. He should, of course, be alert to the danger of allowing his own idiosyncratic knowledge or temperament to influence his decision, but the whole of his training in the practice of the law should have accustomed him to this, and this should provide the shiloh sparknotes, safety which in the case of Othello's, a jury is and Womenâ€™s Communication provided by their number.
That in Othello's Flaws Essay issues of this kind judges are entitled to give effect to their own opinions as to the likelihood of deception or confusion and, in doing so, are not confined to the evidence of witnesses called at the trial is well established by decisions of this House itself. [Emphasis added.]  In esure , the same concern and casp framework, caution was expressed about expert evidence of confusion. At para. 62, Arden L.J. stated: Firstly, given that the critical issue of confusion of any kind is to be assessed from the viewpoint of the average consumer, it is difficult to see what is gained from the evidence of an expert as to his own opinion where the Othello's Essay, tribunal is in a position to form its own view. That is not to say that there may not be a role for an expert where the markets in question are ones with which judges are unfamiliar . . . Casp Framework? .  In Ultravite , Spence J. Flaws? was quite satisfied to express and apply his own view of the placing strategy, first impression of a trade-mark on the average consumer. At p. 738, he stated:
In expressing my view, I am putting myself in Flaws Essay the position of the average person going into the market to purchase a dandruff remover and edgar lee masters spoon river anthology, hair tonic.  I would endorse these comments about expert evidence and follow the approach of Spence J. in Ultravite, the House of Lords in General Electric and the English Court of Appeal in esure . In cases of wares or services being marketed to Othello's, the general public, such as retirement residences, judges should consider the marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the river, trade-mark. They should use their own common sense, excluding influences of their “own idiosyncratic knowledge or temperament” to determine whether the casual consumer would be likely to be confused.  Surveys, on the other hand, have the potential to provide empirical evidence which demonstrates consumer reactions in the marketplace — exactly the question that the Othello's Flaws, trial judge is addressing in a confusion case. This evidence is casp framework not something which would be generally known to a trial judge, and thus unlike some other expert evidence, it would not run afoul of the second Mohan requirement that the evidence be necessary. However, the use of survey evidence should still be applied with caution.  The use of consumer surveys in Essay trade-mark cases has been recognized as valid evidence to inform the confusion analysis. What Is Tesco Extra? As Binnie J. noted in Mattel , often the difficulty with survey evidence is Othello's Flaws Essay whether it meets the first of the Mohan requirements: relevance. What? At para. 45, he further divided the question of relevance into two sub-issues:
As to the usefulness of the results, assuming they are elicited by Othello's a relevant question, courts have more recently been receptive to such evidence, provided the survey is both reliable (in the sense that if the survey were repeated it would likely produce the casp framework, same results) and valid (in the sense that the right questions have been put to the right pool of respondents in the right way, in the right circumstances to provide the Flaws, information sought). [Emphasis added.]  In Mattel , the survey at issue was found to casp framework, be invalid, as it did not address the Othello's Flaws Essay, likelihood of edgar lee masters, confusion, only Othello's a “mere possibility, rather than a probability, of confusion” (para. 49). This was because the sparknotes, survey asked consumers whether they thought that the company that makes Barbie dolls “ might have anything to do with” a restaurant that used the trade-mark “Barbie’s” (para. 1 (emphasis in original)).  In this case, the problem is somewhat different. Essay? Unlike Mattel, Masterpiece Inc. had not yet established a presence in the community in which it operated. Thus, there were no casual or average consumers with “imperfect recollection” of Masterpiece Inc.’s marks to test. As a result, the survey was based on a series of questions that attempted to establish a proxy for “imperfect recollection”, and shiloh, only thereafter test how such customers would react when exposed to the second mark. This is not asking questions “in the right way, in the right circumstances” to elicit evidence of how those with an Flaws, imperfect recollection of Masterpiece Inc.’s marks would react to Alavida’s proposed mark. For a survey to be valid, it seems elementary that there must be some consumers who could have an imperfect recollection of the first mark. Simulating an “imperfect recollection” through a series of placing strategy, lead-up questions to consumers will rarely be seen as reliable and valid.
 While I would not absolutely foreclose the possibility that a party may devise a valid survey in a case where a trade-mark user has not established a sufficient presence in the marketplace for consumers to have formed an imperfect recollection of its trade-mark, I would venture that it is highly unlikely that such a survey would meet the requirements of reliability and validity.  I do not know the exact circumstances in which the expert evidence was introduced in this case or what was requested of the trial judge, and there is no suggestion that the trial judge erred in admitting it. Nonetheless, I think it is apparent, particularly with respect to Othello's Flaws, the survey, that the evidence was of little assistance to the trial judge and indeed distracted from the required confusion analysis.  Where parties propose to introduce expert evidence, a trial judge should question the in Men and Womenâ€™s, necessity and relevance of the evidence having regard to the Mohan criteria before admitting it. Othello's Flaws? As I have already pointed out, if a trial judge concludes that the expert evidence is placing strategy unnecessary or will distract from the issues to be decided, he or she should disallow such evidence from being introduced.  I would further suggest that it would be salutary to have a case management judge assess the admissibility and usefulness of proposed expert and survey evidence at an early stage so as to avoid large expenditures of resources on evidence of Flaws Essay, little utility.  As I have said, I do not know the exact pre-trial procedures in this case or whether the Federal Court generally includes the scope and methodology of proposed surveys within the case management process in trade-mark confusion cases.
However, in making this recommendation I have had regard to a similar recommendation made by Arden L.J., at para. 63 of placing strategy, esure , where she observed that surveys can be costly and sometimes based on Essay wrong questions and produce irrelevant or unhelpful responses, precisely the difficulty with the survey in strategy this case. I have had regard to her recommendation for case management direction on proposed surveys in making the recommendation outlined above. As she explained, at para. 64: My object of referring to Othello's Flaws Essay, this developing practice [case management directions] is to give it wider publicity and to encourage practitioners in this field to use this mechanism, so that any waste of costs and court resources is minimised. My object is the sparknotes, same.
VII. The Confusion Analysis.  The determination of whether a likelihood of source confusion exists is a fact-finding and inference-drawing exercise, and thus, appellate courts should generally defer to Othello's, the trial judge’s fact findings and inferences, unless the facts and inferences were based on an error of law or constituted a palpable or overriding error of fact: Housen v. Nikolaisen , 2002 SCC 33,  2 S.C.R. 235.  In this case, three errors of law have been identified in the interpretation and application of the confusion analysis conducted by the trial judge. It is now necessary to consider whether the matter should be remitted to the trial judge for redetermination in accordance with these reasons, or whether this Court should make a fresh assessment of the evidence. Placing Strategy? In Hollis v. Dow Corning Corp. ,  4 S.C.R. 634, at para. 33, this Court found:
It is well established that appellate courts have the jurisdiction to make a fresh assessment of the evidence on the record where they deem such an Essay, assessment to be in the interests of justice and feasible on a practical level . What Is Tesco? . . Othello's Essay? . In Hollis , the Essay in Men Communication, “bulk of the critical evidence adduced at trial was documentary, not testimonial” which made the reassessment feasible. Here, this Court has a similarly complete record on which to make a redetermination, having concluded that the expert evidence was of little or no use to the issue of confusion. Othello's Flaws? In order to avoid further protracting the proceedings between these parties, I believe that the Differences in Men, interests of justice would be served by this Court finally deciding the matter.  Without repeating the findings above, there is Othello's Flaws no doubt that there is a strong resemblance between Masterpiece Inc.’s trade-mark, “Masterpiece the Art of Living” and Alavida’s trade-mark, “Masterpiece Living”. And Womenâ€™s Communication? In my opinion, a casual consumer observing the Alavida trade-mark and having no more than an imperfect recollection of Masterpiece Inc.’s trade-mark would likely be confused into thinking that the source of the services associated with the Alavida trade-mark was one and the same as the source of the services associated with the Masterpiece Inc. trade-mark. The question now is whether any of the other circumstances reduce this likelihood of confusion to the point that confusion is not likely to occur.
 As to the cost and importance of retirement residence services, such considerations are relevant. However, in Othello's Flaws Essay view of the close resemblance between the marks, even a consumer in the market for relatively expensive retirement residence accommodation would not likely recognize that Alavida’s “Masterpiece Living” signified a different source than Masterpiece Inc.’s “Masterpiece the Essay about Differences, Art of Living”. The ideas conveyed by both companies’ marks are the Othello's Flaws, same. Looking at the marks as a whole and the dominant word “Masterpiece” in Essay in Men Communication particular, there is little to dispel the Othello's Essay, consumer from thinking that the source of the marks was the same.  As to the nature of the wares, services or businesses, Alavida has argued that the services it sought to provide were “up-market” while Masterpiece Inc. only provided “middle-market” services.
This parsing of the services is too narrow. Alavida’s registration provides: Real estate development services, real estate management services, residential building construction services, dining services namely a dining room restaurant, housekeeping services, medical services namely medical clinic services, spa services, fitness services namely a fitness centre and concierge services. [R.R., vol. I, at p. 210]  Nothing in this registration limits Alavida to about Differences and Womenâ€™s Communication, the “up-market”. Its registration would entitle it to use its trade-mark in the exact same market as that serviced by Masterpiece Inc. For the purpose of a confusion analysis, the services provided by the parties are essentially the Othello's, same — retirement residence services. There is no justification for subdividing between “up-market” and “middle-market”. Edgar Lee Masters Spoon River Anthology? Consideration of the nature of the services involved, in my view, enhances the likelihood of confusion for the casual consumer.  The trial judge found that while the term “Masterpiece” is a common word with wide use in Flaws describing goods and services, its use in the retirement residence industry is somewhat distinctive in the sense that it is intended to distinguish the placing, retirement residence services provided by its owner from the retirement residence services provided by others. I agree with that finding.  As for acquired distinctiveness, the trial judge found that at the time the application was made, neither Masterpiece Inc. nor any of its trade-marks were particularly well known.
While the evidence presented by Othello's Flaws Essay Masterpiece Inc. was sufficient to establish that there had been use of its trade-name and trade-marks, including “Masterpiece the Art of Living”, for the purposes of the Act , it did not rise to the level of demonstrating any acquired distinctiveness. I agree with the trial judge.  Finally, there is another potentially relevant surrounding circumstance. As explained at economy, para. 11 above, not long after Alavida’s application, Masterpiece Inc. applied to register both “Masterpiece” as well as “Masterpiece Living” for retirement residence services. Essay? These applications were rejected by the Registrar of edgar spoon river anthology, Trade-Marks because of Alavida’s existing application.  This refusal was founded on the observation that each of these marks submitted by Masterpiece Inc. was confusingly similar to Alavida’s proposed registration. For purposes of the confusion analysis in this case, Masterpiece Inc.’s application to register the mark “Masterpiece Living” is irrelevant since it had not used that precise word formula prior to December 1, 2005, when Alavida filed its application.
However, the word “Masterpiece” had been the trade-name under which Masterpiece Inc. had carried on business prior to that date, and it was the dominant part of the “Masterpiece the Art of Living” trade-mark.  Despite the fact that the trial judge noted the rejection of Masterpiece Inc.’s applications at the outset of Flaws Essay, his reasons, there is no indication that this evidence was taken into account in his confusion analysis. It is casp framework true that the trial judge was not conducting an appeal or judicial review of the reasonableness of the decision of the Registrar, owed no deference to the Registrar’s decision and was certainly not bound by it. However, as a relevant surrounding circumstance under s. 6(5), I am of the opinion that the trial judge should have acknowledged the Registrar’s finding, which was diametrically opposite to his conclusion, in Othello's weighing the evidence before him. Casp Framework? The Registrar’s decision supports a finding of Othello's Flaws Essay, likelihood of confusion between Alavida’s trade-mark and Masterpiece Inc.’s trade-name, and thus the “Masterpiece the Essay about, Art of Living” trade-mark.  Consideration of all the circumstances of the case, including the factors set out in s. 6(5) of the Trade-marks Act and particularly that Alavida’s trade-mark “Masterpiece Living” and Othello's, Masterpiece Inc.’s “Masterpiece the Art of Living” are very similar, leads to a finding that Masterpiece Inc. Disadvantages Of Market Economy? has proven that the use of Alavida’s trade-mark in the same area as those of Masterpiece Inc.’s would be likely to Othello's Flaws Essay, lead to the inference that the services associated with Masterpiece Inc.’s trade-marks were being performed by Alavida.  Because Masterpiece Inc.’s use preceded Alavida’s proposed use, Alavida was not entitled under s. What? 16(3) to registration of Othello's Flaws Essay, its trade-mark. As a result, Alavida was not “the person entitled to secure the registration” of its trade-mark under s. 18(1) and this ground of invalidity has been made out.
I would therefore allow the strategy, appeal with costs here and below and, pursuant to s. 57(1) of the Trade-marks Act , I would order the Registrar to expunge this registration from the register of trade-marks. “confusing ”, when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the Essay, use of which would cause confusion in the manner and circumstances described in section 6 ; “distinctive”, in relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is used by its owner from the wares or services of others or is adapted so to distinguish them; “proposed trade-mark” means a mark that is proposed to be used by a person for extra, the purpose of Othello's Essay, distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others; “register” means the register kept under section 26; “registered trade-mark” means a trade-mark that is on the register; “Registrar” means the sparknotes, Registrar of Trade-marks appointed under section 63; ( a ) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others, ( b ) a certification mark, ( c ) a distinguishing guise, or. ( d ) a proposed trade-mark; “trade-name” means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; “use”, in relation to a trade-mark, means any use that by section 4 is deemed to be a use in association with wares or services; 4. Flaws Essay? (1) A trade-mark is deemed to be used in association with wares if, at the time of the casp framework, transfer of the property in or possession of the wares, in Othello's Flaws the normal course of trade, it is marked on casp framework the wares themselves or on the packages in which they are distributed or it is in any other manner so associated with the Flaws Essay, wares that notice of the association is then given to the person to whom the property or possession is transferred. (2) A trade-mark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services. (3) A trade-mark that is casp framework marked in Canada on Othello's Flaws Essay wares or on the packages in which they are contained is, when the wares are exported from about and Womenâ€™s Communication, Canada, deemed to be used in Canada in association with those wares. 6. (1) For the purposes of this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the use of the Othello's Flaws Essay, first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and circumstances described in this section.
(2) The use of sparknotes, a trade-mark causes confusion with another trade-mark if the Essay, use of sparknotes, both trade-marks in the same area would be likely to lead to Othello's Flaws, the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (3) The use of a trade-mark causes confusion with a trade-name if the use of both the trade-mark and trade-name in the same area would be likely to lead to the inference that the wares or services associated with the trade-mark and those associated with the business carried on under the trade-name are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (4) The use of a trade-name causes confusion with a trade-mark if the use of both the strategy, trade-name and trade-mark in the same area would be likely to Essay, lead to the inference that the wares or services associated with the business carried on under the trade-name and those associated with the trade-mark are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (5) In determining whether trade-marks or trade-names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including. ( a ) the inherent distinctiveness of the trade-marks or trade-names and the extent to which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the Differences and Womenâ€™s Communication, nature of the wares, services or business; ( d ) the nature of the trade; and. ( e ) the degree of resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by Essay them. 16. (1) Any applicant who has filed an application in accordance with section 30 for disadvantages of market economy, registration of a trade-mark that is registrable and Flaws, that he or his predecessor in title has used in Canada or made known in Canada in association with wares or services is casp framework entitled, subject to section 38, to secure its registration in Othello's Flaws respect of those wares or services, unless at the date on which he or his predecessor in title first so used it or made it known it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person.
(3) Any applicant who has filed an placing, application in accordance with section 30 for registration of Othello's, a proposed trade-mark that is registrable is entitled, subject to sections 38 and 40 , to secure its registration in respect of the wares or services specified in the application, unless at the date of filing of the application it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in casp framework Canada by Flaws Essay any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person. 17. (1) No application for registration of a trade-mark that has been advertised in accordance with section 37 shall be refused and shiloh sparknotes, no registration of a trade-mark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trade-mark or trade-name by a person other than the applicant for that registration or his predecessor in title, except at the instance of that other person or his successor in title, and Othello's Flaws, the burden lies on that other person or his successor to establish that he had not abandoned the confusing trade-mark or trade-name at the date of casp framework, advertisement of the applicant’s application. (2) In proceedings commenced after the expiration of five years from the date of registration of a trade-mark or from July 1, 1954, whichever is the later, no registration shall be expunged or amended or held invalid on the ground of the Othello's, previous use or making known referred to in subsection (1), unless it is Differences in Men and Womenâ€™s established that the person who adopted the registered trade-mark in Canada did so with knowledge of that previous use or making known. 18. (1) The registration of a trade-mark is invalid if. ( a ) the trade-mark was not registerable at the date of registration, ( b ) the trade-mark is not distinctive at Flaws, the time proceedings bringing the validity of the registration into question are commenced, or. ( c ) the trade-mark has been abandoned, and subject to section 17 , it is invalid if the applicant for registration was not the person entitled to secure the registration. (2) No registration of a trade-mark that had been so used in Canada by placing the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on Othello's Essay the ground that evidence of the distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration. 19. Subject to casp framework, sections 21 , 32 and 67 , the registration of a trade-mark in respect of any wares or services, unless shown to be invalid, gives to Othello's, the owner of the trade-mark the exclusive right to the use throughout Canada of the trade-mark in respect of those wares or services.
20. Shiloh Sparknotes? (1) The right of the owner of a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making. ( a ) any bona fide use of his personal name as a trade-name, or. ( b ) any bona fide use, other than as a trade-mark, (i) of the geographical name of his place of business, or. (ii) of any accurate description of the character or quality of his wares or services, in such a manner as is not likely to Othello's Essay, have the effect of depreciating the value of the goodwill attaching to the trade-mark. (2) No registration of a trade-mark prevents a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in subsection 11.18(4) in association with a spirit. 21. (1) Where, in sparknotes any proceedings respecting a registered trade-mark the registration of which is entitled to Othello's, the protection of casp framework, subsection 17(2), it is made to appear to the Federal Court that one of the parties to Essay, the proceedings, other than the registered owner of the trade-mark, had in good faith used a confusing trade-mark or trade-name in Canada before the date of shiloh, filing of the Othello's Essay, application for that registration, and the Court considers that it is not contrary to the public interest that the continued use of the confusing trade-mark or trade-name should be permitted in a defined territorial area concurrently with the use of the registered trade-mark, the Court may, subject to such terms as it deems just, order that the other party may continue to use the confusing trade-mark or trade-name within that area with an Differences in Men, adequate specified distinction from the registered trade-mark. (2) The rights conferred by an order made under subsection (1) take effect only if, within three months from its date, the Essay, other party makes application to the Registrar to enter it on the register in connection with the registration of the registered trade-mark. 30. An applicant for the registration of a trade-mark shall file with the Registrar an application containing.
( a ) a statement in ordinary commercial terms of the economy, specific wares or services in association with which the mark has been or is proposed to be used; ( b ) in the case of a trade-mark that has been used in Flaws Essay Canada, the date from which the Differences in Men Communication, applicant or his named predecessors in title, if any, have so used the trade-mark in association with each of the general classes of wares or services described in the application; ( c ) in the case of a trade-mark that has not been used in Canada but is made known in Canada, the name of a country of the Union in which it has been used by the applicant or his named predecessors in title, if any, and the date from and Othello's Essay, the manner in which the applicant or named predecessors in title have made it known in Canada in association with each of the general classes of wares or services described in the application; ( d ) in the case of a trade-mark that is the edgar river anthology, subject in or for another country of the Union of a registration or an application for Othello's, registration by the applicant or the applicant’s named predecessor in title on which the applicant bases the applicant’s right to registration, particulars of the application or registration and, if the of market economy, trade-mark has neither been used in Canada nor made known in Canada, the name of a country in which the trade-mark has been used by the applicant or the applicant’s named predecessor in title, if any, in association with each of the general classes of wares or services described in the application; ( e ) in the case of a proposed trade-mark, a statement that the applicant, by itself or through a licensee, or by Essay itself and through a licensee, intends to use the trade-mark in Canada; ( f ) in the case of a certification mark, particulars of the defined standard that the placing strategy, use of the mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of wares or the performance of services such as those in association with which the Essay, certification mark is Essay about and Womenâ€™s used; ( g ) the address of the applicant’s principal office or place of business in Othello's Flaws Canada, if any, and if the applicant has no office or place of business in Canada, the address of shiloh sparknotes, his principal office or place of business abroad and the name and address in Canada of a person or firm to whom any notice in Othello's Flaws respect of the casp framework, application or registration may be sent, and on Othello's whom service of disadvantages of market economy, any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to Flaws, or served on the applicant or registrant himself; ( h ) unless the application is for the registration only of a word or words not depicted in a special form, a drawing of the trade-mark and such number of accurate representations of the placing strategy, trade-mark as may be prescribed; and. ( i ) a statement that the applicant is satisfied that he is entitled to use the trade-mark in Canada in association with the wares or services described in the application. 35. The Registrar may require an applicant for registration of a trade-mark to disclaim the right to the exclusive use apart from the trade-mark of such portion of the trade-mark as is not independently registrable, but the Othello's Essay, disclaimer does not prejudice or affect the applicant’s rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the applicant’s right to registration on a subsequent application if the disclaimed matter has then become distinctive of the applicant’s wares or services. 40. (1) When an casp framework, application for registration of a trade-mark, other than a proposed trade-mark, is allowed, the Registrar shall register the trade-mark and issue a certificate of Othello's Flaws Essay, its registration. (2) When an application for sparknotes, registration of a proposed trade-mark is allowed, the Registrar shall give notice to Essay, the applicant accordingly and shall register the trade-mark and issue a certificate of registration on receipt of a declaration that the use of the trade-mark in Essay Communication Canada, in association with the wares or services specified in the application, has been commenced by. ( b ) the applicant’s successor in title; or. ( c ) an entity that is Essay licensed by or with the authority of the applicant to use the trade-mark, if the applicant has direct or indirect control of the character or quality of the wares or services.
57. (1) The Federal Court has exclusive original jurisdiction, on edgar spoon anthology the application of the Registrar or of any person interested, to order that any entry in Othello's the register be struck out or amended on the ground that at the date of the application the is tesco, entry as it appears on Othello's Flaws Essay the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the mark. Appeal allowed with costs. Solicitors for disadvantages of market economy, the appellant: MacLeod Dixon, Calgary; Gowling Lafleur Henderson, Toronto. Solicitors for Othello's Flaws Essay, the respondent: MBM Intellectual Property Law, Ottawa. Solicitors for the intervener: Bereskin Parr, Toronto.
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essay my house dream would be bedroom and bathroom. Also, my bedroom would reflect my inner world and privacy so it would be painted with my favourite colour which is blue. My view is that blue is the Othello's Essay, colour that represents my feelings of harmony and peace. In short I can say that, the interior of is tesco, my dream house is like my spiritual world so I'd decorate it in such a way that all the rooms, objects and Flaws colours would symbolize my true feelings. The outer design of my dream house should be attractively decorated as. shingles.
The great room is to be considered the most luxurious room in the house, which is why much attention should be put into it. The great room is is tesco extra, going to be the room that holds all books, awards, and certificates that I have received or bought in my lifetime. It will also contain all of the silver wear, plates, and antiques that my wife has. Flaws Essay! This will be the sparknotes, room that I will hold nice formal dinners with my family or close friends. Othello's Flaws Essay! The walls will have very elegant flowered wallpaper with. are not truly living your American Dream. Second, spare time is very important in my American Dream. I believe that a good relationship with the family is one of the most important things in everyone?s American Dream; however, most people do not realize that strong relationships are based on the amount of quality time spent with each other. Having a high-paying, enjoyable job as well as spare time to spend with my family, would truly be my American Dream. Also, having spare time just to be.
day as a job and actually get paid for it would definitely be a dream come true for me. The U.S. Department of Labor Statistics says that in 2010 there were 710,200 jobs in the United States in this line of shiloh sparknotes, work. The job outlook for 2010 to 2020 is 14 percent, which is about average. The median pay in 2010 for individuals with this career was $22,500 per year or $10.82 an hour. (Statistics, 2012) Like I said, I plan on owning my own salon, so the pay will probably be better than that, but I’ll. there must be different from Othello's Flaws Singapore in terms of design. There are also different cultures there which are different from those in Singapore.
There are also cities which are special, like Coober Pedy, which has its buildings underground. Edgar Lee Masters River Anthology! This makes my vacation unique and lets me experience different types of Flaws, cities. The second factor is the farms. By going to the farms, I can learn more about the casp framework, Australian way of life and know more about Australia through cultural exchange. Flaws Essay! The third factor. work for the AARP Washington, DC State Office for two and one-half years, ending in 2005.
I enjoyed my volunteer work very much. My Dream Job September 12, 2002 There are a few dreams I have in life. one is to live in a log cabin with a big front porch and casp framework huge kitchen, on a lake in the woods somewhere in southern New England (in other words, the perfect 1980s slasher movie setting). My other dream is to own the Flaws, kind of business that I would love to visit on a daily basis: a record shop/diner/tea. The Effect of Full House on My Life Essay. morning eating breakfast and blow-drying my hair all at once, only to be exceedingly relieved when we discovered that I had afternoon class.
I feel very lucky to be able to spoon river anthology, compare my family to the Tanners. Although I have a mother, and certainly no Uncle Jessie, I have always seen similarities. Like D.J., I grew up in a very loving and supportive family. My parents always encouraged me to Flaws, get a good education, and follow my dreams at the same time. My dad, who I sometimes call “Mr. Clean” behind. Essay about Stuttering Will Not Crush My Dreams. part of me. Extra! I first realized I was different when I was in the fifth grade. Flaws Essay! While the thirty-four other students in my class could speak aloud in placing strategy class without any trouble, I was not as fortunate.
I noticed that sometimes when I spoke, I would suddenly get stuck on Othello's Flaws, a word that I could not say. During my middle school days, I became shy because trying to hide this quirk was my main concern. The childhood teasing proved to be a traumatic experience. So much so, that if I could avoid speaking in. My Pesonal Accomplishments and American Dreams Essays. the first in my family to do so gave me a positive pressure to benefit from casp framework what my family did not have back in their homeland; thus I began to cherish my heritage a bit more than I did before. I was once blind and thought that I needed to get away from Essay my family, but as time passed many of my friends began to say their farewells and try to find themselves; I was here with my myself learning that I don’t need a destination nor a road to find my calling; which is what makes me pursue my next accomplishment. Total volume does not affect cocentration ) 0050 = 0050 - 0020 2 – 0040 - 00 4.76 a) The amount of AgNo3 needed is: 0.150 M X 0.1750 L = 0.02625 = 0.263 mol AgNo3 0.02625 mol AgNo3 * 169.88 g Agno3 / 1mol AgNo3 = 4.4594 = 4.46 AgNo3 Add this amount of solid to a 175 mL volumetric container , dissolve in strategy a small amount of Flaws, water , bring the spoon river, total volumen to exactly 175 ml, and agitate well. D) Dilute the Othello's, 3.6 M HNO3 to prepare 100 mL of 0.50 M HNO3.
To determine the. Essay on Dreams: Sociology and Dream. It was about time I started to pick an occupation and spoon river anthology begin my career. My parents had strongly suggested that I work as a banker or lawyer, to ensure a steady income. Othello's! They disregarded my dream of becoming a social worker; they believed this was a total waste of time and a proven cause of financial instability.
However, I believed strongly in this childhood dream of mine-I settled for being a full-time social worker, no less. It was my dream, and shiloh I must achieve it. Flaws! I held this thinking till now, because. more conflict arrives. Walter is furious with Mama for “butchering up his dream” (Hansberry) and when she entrusts him with the money leftover from the down payment, he is irresponsible and losses it.
The white residents of strategy, Clybourne Park also attempt to defer the dream. Mr. Flaws! Lindner, a representative of the disadvantages, residents, even offers to buy back their house for more money than they put down. Othello's Essay! Tempting, but no thanks! Her dream of home ownership seems to be dead until Mama, Ruth, Beneatha and Walter cooperate. A House Is Not a Home Essay examples. The terms house and home are generally used interchangeably yet they represent two different things.
House represents the physical aspects, whereas a house cannot become a home until there is sentimental value behind it. A home is the memories one makes and spoon river the atmosphere one feels when they are at the house. The ‘dream house’ spoken of in the narrative only discusses the physical attributes, what the Flaws Essay, parents are not telling the children is that any house can become a home with the right family in. aristocrats and earn them money, although Nick Bottom seemed to anthology, have more of a personal motive. We can see how stressful acting can be. The stammering performance of Snout (the wall) gave clear evidence of that. The actors in “A Midsummer Night’s Dream,” however, were as calm as “real life.” This serenity gives us. King proceeds to share his dream for the future of Othello's, his country. “I have a dream that one day this nation will rise up and live out the true meaning of its creed - we hold these truths to be self-evident: that all men are created equal. What Extra! I have a dream that one day on Othello's Essay, the red hills of disadvantages of market economy, Georgia the sons of former slaves and the sons of former slave-owners will be able to sit down together at a table of brotherhood. I have a dream that one day even the Othello's Flaws, state of Mississippi, a desert state, sweltering.
surrealism photography with the advantage of lee masters anthology, technology has been also really popular in this days, even though I Photoshop its not my favourite thing to see in Flaws a surreal photograph, technology is an amazing way to help photographs look impressible real, just like making models more thinner or more tall…etc, photographers can manage to of market, use Photoshop to make their dream photographs also more real, one big example of a modern surreal photograph is Alastair Magnaldo, a modern surreal photograph that has. Essay on An Attempt At Understanding Dreams. nagging questions. Essay! The problems with dreams, however, is that they are so diverse in nature; I can spend the rest of my life interviewing people and listening to their dreams and spoon river anthology I still might not have something concrete. Othello's Flaws Essay! But nevertheless, it's worth a shot. In Men And Womenâ€™s Communication! When I told my friend Mahmoud about the paper I'm writing, he immediately elected his fiancee Safinaz as an interview candidate, because she often has these bizarre dreams and Essay nightmares. Casp Framework! So I headed for my first victim. Flaws Essay! Safinaz told me.
I may have to look at a smaller house, or lease a house. Edgar River! I think that the department of Flaws, national treasury and the central bank can have an effect on the housing market. Placing! When the central bank starts increasing interest rates this has a huge impact on my decision to buy or lease. I think the national treasury and central bank also have an influence on the economy. However, economic fluctuations can be irregular and unpredictable.
According to Mankiw, N. G., (2007) “economic fluctuations are. The Pursuit of the American Dream Essay. (Keith). This represents the American Dream because even though this soldier cannot pay all of the bills at home, he continues with this job because it makes him happy. “I will always do my duty, no matter what the price, I’ve counted up the cost, I know the Othello's, sacrifice” (Keith). This is part of the American Dream because this is what he wants to do, no matter how much it may pain him in case things turned for the worst and he never saw his family again.
Our dreams come at the price of some people never. Failure of the American Dream Essay. He describes how people were in and out of placing, Gatsby's house as was he with his Rolls-Royce. Beyond that he talks about the extensively long parties he threw. Flaws! At this point he did not know Gatsby, all he could assume was that his entire goal in life was to what is tesco, become a very wealthy man; one way or another. This was not Gatsby dream, all he wanted was Daisy; his one and only true love. Flaws! They were separated when Gatsby went to edgar lee masters spoon river, war but he never lost feelings for her while Daisy married a wealthy man. It was.
second step to having a feeling of success is to dare to Othello's, dream. Our minds are filled with many thoughts each day. In fact, it is from shiloh these thoughts that we formulate tasks for ourselves to accomplish. Someone may think, “One day I want to be the President of the United States.” But it is what they do with that dream that counts. Allowing oneself to dream always is not easy. One might think that their dream is way too out of reach. The dreams we have for Othello's Flaws, our future may sometimes feel a million miles. assert as a universal rule that in a dream nothing, however extraordinary, can surprise us.
Sometimes dreamers do have feeling of strategy, wonder at their strange experiences. Nor can we say that the Othello's Flaws Essay, moral reason loses all control in our sleep. It does indeed sometimes happen that good men in their dreams seem to do without the slightest compunction horribly wicked deeds, but, on the other hand, even the dreamer sometimes hears the voice of casp framework, conscience. The origin of dreams may in many cases be traced to Flaws, internal. greetings take place, I am able to casp framework, look around. I know the house isn't perfect. How could it be with it's old worn brown carpet and its sparcely lit living space? Yet, this house still bathes me in Othello's a feeling of acceptance and comfort. My first stop is shiloh, my old bedroom, which is Othello's, located at the end of a hallway. Opposite of my bedroom is my Grandpa's room, but it's through the disadvantages economy, door of my room that I now enter.
As I peak through the doorway, my first sight is the huge bed with its handmade frame. On one. scientists characterize dreams as mass hallucinations. Othello's! The four main categories of dreams are prophetic, standard, physical, and nightmare. The amount of sleep needed varies depending on placing strategy, the individual and on the different times of the Othello's, day or night. Sigmund Freud was the first scientist to strategy, study dreams thoroughly. Othello's Flaws! Although dreams contain elements of the ordinary…the elements are often jumbled in what is tesco fantastic ways. Freud was also the first theorist in the modern era to argue that dreams are an important part.
and selling them on the street corner. He finally made enough money to enter a clothing expo, where he found the right guy who helped his clothing company soar to unimaginable heights. His story describes the American Dream because he was not given anything; he worked hard with a dream and literally went from rags to riches. Mr. John relates to a quote in Othello's Essay the reading, “Two-thirds of the poor are certain that Americans like themselves have a good chance of improving our standard of placing strategy, living” (Hochschild. A similar bill was also introduced around the Flaws Essay, same time by shiloh sparknotes, a Republican State Representative in Florida by the name of Lincoln Diaz-Balart. Even though Lincoln Diaz-Balart introduced the bill as the “American Dream Act” both bills were formed to appeal a provision of the 1996 Illegal Immigration Reform and Flaws Essay Immigrant Responsibility Act (IIRIRA), which required that children of edgar lee masters spoon river anthology, undocumented immigrants pay out of Flaws Essay, state tuition when pursuing a college education even if they lived in state.
This provision. You could still for example go on that large vacation since you are giving up something. Regardless you are giving up something here and what there to get the house that best fits you. On to principle two, “the cost of something is what you give up to get it” This principle goes similar with the first principle, consumers facing trade-offs. A buyer must keep in Flaws mind the lee masters anthology, prices of homes in which they are looking at to buy. A nice benefit of getting a home that is lower than the amount in your budget. to a charge to find work for me well as a place to sleep before I made my way to Chicago. Leaving Italy was very difficult for me, but I knew I had to Othello's, make something of myself and Essay about Differences and Womenâ€™s Communication my family as well in order to get away from poverty. It was a dream to go back to Italy and buy land for Flaws Essay, my family for casp framework, they could have some privacy In Italy landlords would charge outrages prices for apartments. Moving to America would make our dreams come true, so I thought. In small Italian towns that meant meatpacking.
The Struggle of Dreams Displayed in the Film Field of Dreams Essay. Together as a family they lived on a cornfield in Iowa. At this point of his life, he would only begin fulfilling his dream. Othello's Flaws Essay! At the age of shiloh sparknotes, thirty-six, Ray had already been tied down to a wife, daughter, farm and mortgage. Though Ray's goals in life were not yet accomplished, his life is that of Othello's, a dreamer's. Ray eventually carried out his dream but along the way he experienced many conflicts. Such conflicts included social issues.
In the casp framework, film, Ray was inspired by. Essay about Analysis of A Dream Within a Dream seem/Is but a dream within a dream unite the Flaws Essay, passages in the poem's conclusion of futility and regret at the movement of time. Poe draws attention to all that we see or seem with alliteration, and we can view this phrase as the combination of casp framework, two aspects of reality, where all that we see is the external and all that we seem is the internal element. By asserting that both sides are the also alliterative phrase a dream within a dream, Poe suggests that neither is more real than a dream. Othello's Essay! As the.
creative and of market economy enable you to think different.” My mom comprehensively cleared my thoughts now I was satisfied deep inside. I got up, kissed her on the cheek and gave her a tight big hug; thanking her I left for the balcony I enjoyed my mornings sitting on the balcony. There was an exciting sense of happiness within and Othello's I was constantly feeling chills might be it was cold but not solely responsible, as I could feel and sense the difference in my heart. Sitting on my favorite rocking chair I started to spoon, enjoy. Essay about The House of Essay, Bernarda Alba and A Doll#x27;s House. Likewise, Nora of ‘A Doll’s House’ assumes the mask of her husband Torvald’s “pretty little thing” , a “little squirrel” , and a submissive “dolly-wife.” She does so because Torvald expects her to accept that he is right in not indulging her “little whims” and to see her “dancing” and “reciting” as per his wishes – he expects her to be a doll under his control. Hence, she finds “a way [herself]” – the way of deception – to follow her own heart. The revelation of the secrets Nora and Adela keep. course of true love never did run smooth. Swift as a shadow, short as any dream; Brief as the lightning in the collied night” He does this to show her that all lovers experience obstacles in life.
They escape into the forest to elope so that they may be together without any obstacles. This plan does not work however. This is because Demetrius learns of the plan and decides to follow them despite the advances made by Helena. Casp Framework! “My heart is true as steel,” she says proclaiming her undying love for Othello's Flaws, Demetrius. House of Bernarda Alba- Elements of House Essay. mourning as they enter the house. The colour black symbolises death and have an effect of foreshadowing the death of the character Adela, a victim of Bernarda’s tyranny. The decoration, props and set of the room also aids in obtaining the idea of dictatorship and confinement. The “Thick walls” indicates difficulty for the girls to escape the shiloh, confinement of Bernarda’s control, again suggesting the idea of restriction of the girl’s freedom. From the description of the house,“Arched doorways with jute. A Dream Within a Dream Analysis Essay example.
He asks whether or not it is real that the person is truly gone from his life. He declares to Othello's Flaws Essay, everyone that he has lived in a dream-like state since the loss and that the people who judge him are not wrong to believe what they do. The tone of this whole poem is just sadness and misery because of everyone he has lost. This poem makes you feel sorry for disadvantages economy, Edgar Allen Poe because of the hard life he had lived. You can easily recognize the sorrow that he put into it because of the choice of words and the. the quotation indicates, she also senses her own isolation and she understands that the process of breaking free is both lonesome and terrifying. As opposed to Kim we have the two obese girls Andrea and Di, who also live at the Prospect House. These girls represent the typical victim of a poor social background.
You can see that they belong to Othello's Flaws, the lower class from Differences in Men how they speak. They use slang and Flaws do not have a large vocabulary; they both keep saying “your thing” instead of “audition” With support from the what, community, Asbek Coffee House will be able to serve the local area with quality coffee, a gathering place, and hope for future growth of the KJ. With few companies meeting the needs of the KJ community, Asbek Coffee House is poised to Othello's, take a front-runner position in the coffee market 1.3 VISION, MISSION, GOALS OBJECTIVES a) VISION Asbek Coffee House will be created to be a ray of hope for the KJ community. This coffee shop will provide more than just food and drink: of electro house the edgar lee masters anthology, history of house music needs to Othello's Essay, be established. House music in its first form was disco. Essay Differences In Men Communication! The history of house music starts back in Othello's Essay 1977 when “Saturday Night Fever” came out. “Saturday Night Fever” was an instant hit and a surge of young americans went to disco clubs. Spoon River Anthology! Disco at this time was a blend of 70’s funk, soul music, and rock. Most of the disco scene was in New York until 1979 when it spread to underground warehouses in Chicago and Detroit.
The creation of house music was. Essay about Othello's Flaws Essay, Dreams: Informative Speech. How dreams affect our lives? Do dreams even mean anything? Today in my informative speech about dreams, I hope to enlighten you about dreams forming in our minds, the importance of dreams, and casp framework lastly the Othello's Flaws Essay, interpretations of dreams. Edgar Lee Masters River Anthology! (Transition Statement) Understanding the sleep cycle is the Othello's, first part of understanding dreams and how dreams happen. The average human being spends eight hours a day, fifty-six hours a week, two hundred twenty-four hours a month, and two-thousand, six hundred eighty-eighty. Upon the Burning of Our House Essay. 35 In silence ever shall thou lie, Adieu, Adieu, all’s vanity. Then straight I ’gin my heart to chide, And did thy wealth on earth abide? Didst fix thy hope on economy, mold’ring dust?
In line 44, who is the “mighty Architect”? 40 The arm of flesh didst make thy trust? Raise up thy thoughts above the sky That dunghill mists away may fly. Flaws Essay! Thou hast an disadvantages of market house on high erect, Framed by that mighty Architect, Practice reading the boxed passage aloud. As you read the first time, notice the Flaws, rhymes and.
Opium and Dreams in the Romantic Period Essay. his daydreams, or at lee masters anthology, least dreams or visions that he had when he was not asleep. At the same time he notes that a sympathy arose between the Essay, waking and sleeping states of his brain and about Differences Communication that what he called up and painted on Othello's Flaws, the darkness, was then transferred into his sleeping dreams: he attributes all of these circumstances to his increasing use of opium. De Quincey also records two other important changes attributed to opium: For this and all other changes in my dreams, were accompanied by deep-seated. Essay about The House of Bernarda Alba. It also could be there to signify that the girl’s dreams are broken as they are trapped in the house. Economy! The lighting was naturalistic; as it showed the Flaws Essay, different times of the day and the direction of the lighting. Extra! They used yellow lighting which looked like it was shining through the windows to Flaws Essay, represent a bright, sunny, hot day and strategy grey/blue lighting was used for Othello's, moonlight when they were eating the meal in shiloh the evening. Realism was created through the lighting successfully as you could see. what post modern architects were going for. This building definitely follows hard after the postmodern architecture characteristics.
Part 3: What The Critics Think The unusual shape and technical solutions of the Dancing House caused a big public debate (Dancing House). Othello's Flaws! Many felt that it did not go with the look or feel of the buildings that surrounded it. Edgar Spoon! Some critics, like Simonetta Carbonaro, have called the building a ‘Dancing Palace,' 'a new jewel of the city's architecture [. Flaws Essay! ] that. mentally as well: she knows the only thing to do is to leave and find herself. This is about Differences in Men Communication, how Ibsen guides his audience’s response to the central characters and the action; he uses the costumes as a symbol to hide the Essay, reality. A Doll’s House takes place at the Helmer’s house, mostly in the living room. The doors are a major imagery in extra this play. They represent Nora’s entrapment and her longing to freedom. In the beginning of the first two. The expectation of my own family and most specially their dreams for Othello's Flaws, me including my siblings is also one of the about Differences in Men and Womenâ€™s Communication, best motivational factor for me to do my best. If my family set an expectation or as I say their dreams for their children we, as their child set also our dreams for them and Othello's Flaws because of placing, this I am motivated to reach this dream because I love them.
Friendship also plays a major role in my life. Flaws! Having lots of good friends is like a blessing. Disadvantages! They say a friend is need is Flaws Essay, a friend indeed. by analyzing this dream, he/she could ultimately discover the Differences Communication, root of a problem that has led to Essay, a panic disorder in which he/she faces extreme anxiety when being in large crowds of people, sometimes so bad a panic attack will occur (panic disorder.) Freud’s free association technique could help many people that suffer psychiatric disorders find the lee masters spoon, reason, the Essay, heart of the disorder they suffer every day. From panic disorders to depression and even maybe for PTSD patients, dream interpretation can. Personal Narrative: My Dad is My Hero Essay. I get home at 11:45 p.m. and Differences in Men and Womenâ€™s my cell phone rings again, my hairs stood up and I looked at my fiance and said, Something bad happened; I know it.
I picked up the Othello's, phone to casp framework, hear my mother who was speaking very slowly, Danielle, something happened to your father, he is no longer with us. Othello's! I will never forget how my knees buckled and I hit the Essay about Communication, floor, I can't remember much except that my fiance had carried me to my bed and Essay I started dialing everyone I know to pass on this horrific news. I woke. used for venture capital start –ups. Edgar Anthology! * Jardine would contribute expertise in a wide range of business activities to the TATA group. * Revitalisation of Tata Administrative Services. Creation of a group brand was a good idea for Othello's Essay, the House of Essay Differences and Womenâ€™s Communication, TATA because it gave the companies that subscribed to Othello's Flaws, the Tata Brand Equity Scheme, the following : * Buying borrowing power ,when raising money in domestic and global markets. * Negotiating power, when negotiating joint ventures. In-house Computerized Payroll Essay. employee on a payroll register, which can then be used to compile a journal entry for inclusion in casp framework the general ledger, prepare tax reports, and for general research purposes.
This document is always prepared automatically by Flaws Essay, payroll suppliers or by in-house computerized systems. 10. Verify wage and tax amounts. Conduct a final cross-check of all wage calculations and deductions. This can involve a comparison to the same amounts for.
Essay on A Doll’s House by Henrik Ibsen. According to Rolf Fjelde in his article Introduction to A Doll House, at the time the play was published Ibsen strongly supported women’s rights. Of Market Economy! February of 1879, Ibsen asked the male majority of the Scandinavian Club in Rome that the female members be approved the same voting rights as the men, but was defeated so he dared them to assert that in any possible way women were inferior to men whether it by background, intellect, comprehension or artistic skills. Othello's! Talking before the Norwegian League.