Friday, January 31, 2020

The Greeks and gods Essay Example for Free

The Greeks and gods Essay The Greeks looked at their gods with attributes they only wished they could attain. They developed stories of extraordinary people that were the offspring of immortals such as Nymphs or gods like Hermes or Zeus. Most of these stories consisted of labors, quests, or bloody wars, where the heroes were at the epicenter of the tale. What made these heroes so great was not just the fact they had godly attributes or completed monumental tasks, but endured more tragedy or more bliss than any common Greek would undergo. One tale commonly told was that of a demigod named Achilles. His mother Thetis was a Sea Nymph, and his father was Peleus, was the king of the Myrmidons. Most stories of Achilles revolved around war, where either his gift was at his greatest or worst. Every Greek sought him for battle so his skills would tip the balance to their favor. No myth exemplified this more than that of the ten-year Trojan War. An excerpt from a translation written by Apollodorus that accounts this time state, â€Å"He also took Lesbos and Phocaea, then Colophon, and Smyrna, and Clazomenae, and Cyme; and afterwards Aegialus and Tenos, the so-called Hundred Cities; then, in order, Adramytium and Side; then Endium, and Linaeum, and Colone. He took also Hypoplacian Thebes and Lyrnessus, and further Antandrus, and many other cities. † (Frazer) By many accounts, you could argue that Achilles was the dealer of death and that he relished in every moment of his adventures. By his own words, this was not the case. For example, in the textbook the Classical Mythology it states, â€Å"The now dead Achilles laments, I should prefer as a slave to serve another man, even if he had no property and little to live on, than to rule all those dead who have done with life (Morford, Lenardon, Sham, 2011). Another hero that many spoke of during that day an age was Odysseus. He was a descendant of Hermes who became king of Ithaca. The real stories of Odysseus that Greeks and many others embrace were of the Trojan War and Homers poem the Odyssey. Some Greeks would argue Odysseus came second only to Achilles as a hero due the trials he endured. Odysseus’s story began at the start of the Trojan War where he stood and fought for ten years. After nine years of failure, Odysseus was enlightened by Athena to trick the Trojans and capture its city. He erected a symbol, he knew only the Trojans would accept and embrace. He hid the strongest Greeks inside a giant wooden horse who laid and waited until nightfall. Once inside impenetrable walls the Greeks were able to sake the city. Once war was all but over, Odysseus  sailed for home. â€Å"Come then, do as I say, let us all be won over; let us run away with our ships to the beloved land of our fathers since no longer now shall we capture Troy of the wide ways. † (Lattimore, 1999) During this voyage, he encountered a man eating Cyclops named Polyphemus who he ended up blinding to escape. Unbeknownst to him Polyphemus was the son of Poseidon, god of the sea, who became enraged. The consequences of these actions did not lead him home to his kingdom and beloved wife, but astray for another ten years of wars and adventures. The one hero that endured more pain and suffering than any other was Heracles. He was the bastard son of the god Zeus and a beautiful Greek woman named Alcmena. Hera, the wife of Zeus, always showed distain for Zeus’s infidelities, yet took a close personal interest in Heracles. There are several instances where she intervened to cause him great tragedy. First, she tried to stop his birth. This was only overcome by tricking Ilithyia, the goddess of birth, who Hera had sent. Months after that Hera sent serpents to his cradle, but he grabbed them by the neck shacking them as if they were just one of his toys. The next obstacle came when he was a man after he was to wed the King Creon’s daughter, Megara. Seeing that Heracles had found his piece of happiness with his new wife and daughters Hera drove Heracles mad. In his fit of rage, he killed them. Overwhelmed with grief Heracles searched for a way of redemption. He came across the King of Tiryns, Eurystheus, who told him the only way he could cleanse his soul was to endure 12 impossible labors. One of his labours was to kill the Nemian lion, which was ironic. â€Å"The Nemeian Lion whom Hera, the queenly wife of Zeus, trained up and settled among the hills of Nemeia, to be a plague to mankind. There he preyed upon the tribes of the indwelling people, and was as a king over Tretos and Apesas and Nemeia. Nevertheless, the force of strong Heracles subdued him (Evelyn-White, 1914). After completing the 12 labours, Heracles enjoyed many adventures. He saved Olympus from the Gigantes and assisted in conquering Troy. For a moment, life for him was peaceful until Hera drove him mad again. During that fit of rage, he threw his closest friend Iphitus over a wall to his death. After this tragedy, Heracles knew he would have to cleanse his soul again. Queen Omphale offered him a choice. A task that would require him to endure one of the worst shames a man could. Her proposal was for him to wear women’s clothing and conduct the tasks as one of her female servants. For the next three years, Heracles completed his servitude in shame without ever being honored for any of his previous glories. In conclusion, all these heroes had godly attributes which enabled them to complete monumental tasks, but at the same time endure more tragedy or bliss than any common Greek would undergo. Achilles was a great warrior but found no peace with what he had accomplished in his life. Heracles also endured much strife and ended up dying a gruesome fate. On the other hand, Odysseus left his home, endured many obstacles, but returned from twenty years of servitude with rejoices from all of Greece. One common fact remains, despite each hero’s fate no Greek would endure so much, but could look to these myths as a testament to great achievements or failures. References: Frazer, J. G. (1921) Apollodorus, Epitome 3. 33. Retrieved from http://www. theoi. com/Text/ApollodorusE. html Morford, M,Lenardon, R, Sham, M, (2011) Greek Mytholodgy 9th Ed. Oxford University Press Lattimore, R (1999). The Odyssey of Homer. New York, NY: Harper Perennial Modern Classics. Evelyn-White, H. The Theogony of Hesiod. (1914). Retrieved from http://www. sacred-texts. com/cla/hesiod/theogony. htm

Thursday, January 23, 2020

Duels :: Essays Papers

Duels "This is the excellence of Court: take away the ladies, duels and the ballets and I would not want to live there." - A. d'Aubigne, Baron de Foeneste, Il, 17 Duels and the act of dueling is something that has characterized not only the imagination of historians and modern warfare enthusiasts, but also the minds of writers and readers of literature for years. The numerous literary variations on the theme of dueling are enough of an indication of its importance, and the fascination with the act continues to increase. However, dueling is more than a literary climax or a plot twist; duels have been being fought for centuries and are actually derivatives of many medieval practices. The word duel has several predecessors, depending on which history is being referenced. The most common form of the word is derived from the German word Duell, which is a derivative of the Latin word duellum. Duellum is a combination of the Latin words bellum and duo, which connotes a war between two. This simple definition seems to be the most common and the most recognizable. Historian Francois Billacois states that a duel is "a fight between two or several individuals (but always with equal numbers on either side), equally armed, for the purpose of proving either the truth of a disputed question or the valour, courage and honour of each combatant (Billacois, 5)." Historian Ute Frevert concurs, but points out that duels, especially in the modern era, were "no mock fights, but serious passages at arms in which the opponents risked their lives and which could result in serious injury, or even death (Frevert, 11)." Most contemporary historians believe that the modern version of the duel developed out of three medieval institutions: the feud, the judicial duel and the knightly tournament. The belief that dueling was derived from these three events is often referred to as the continuity theory. Feuds in the medieval period occurred when people attempted to settle disputes and exact revenge for insults through "private vengeance," rather than by going to the authorities and entrudting them to settle the matter. Judicial duels, on the other hand, were official acts, during which both parties (the plaintiff and the defendant) fought their grievances out on the battle field with swords in front of a judge.

Wednesday, January 15, 2020

“Baby Love” and “Mothership Down” Compare and Contrast Essay Essay

Often conflict between parents and their children are used within young adult fiction stories in order to develop the plot in the specific way. Conflict between parents and their children is an everyday struggle that all families must face, it often leads to a life lesson in which both the parents and children learn something new. Within the short stories â€Å"Mothership Down† by Marty Chan and â€Å"Baby Love† by Kathy Stinson this is precisely what has happened. In both pieces the conflict within the family (main character and parent) has resulted in a very negative way, as where the main character realizes hisher own mistakes and tries to own up to and resolve the situation and what it has become. In â€Å"Baby Love† by Kathy Stinson the main character happens to have a second chance to clean up the mess that she has created, unlike the main character in the story â€Å"Mothership Down† by Marty Chan. The main character in this text loses his chance to patch things up with his father, and he will never get the chance to. A similarity between â€Å"Baby Love† by Kathy Stinson and â€Å"Mothership Down† by Marty Chan is both characters have trouble communicating with their parents, this is why the plot developed the way it did and where the main conflict started. In the text it says â€Å"And she wished her mom was there. She should have said yes when her mom called earlier and offered to come home.† The narrator said this when Chelsea (the main character) realized that she needed the help that her mother persistently offered, but Chelsea was dead set against needing the help of her mother. In Chelsea’s mind her mother wasn’t trying to help, she was trying to take over the role of Abigail’s (Chelsea’s baby) mother. A similar event happens in the story â€Å"Mothership Down† by Marty Chan. It has been 3 long years since the main character in this text has spoken to his father all over a silly little miscommunication. The main character decides to call home and check in on his family specifically his father, this is when he learns the news of his father’s terminal cancer. In the text it says â€Å"I wanted to tell him I was sorry, but I decided to leave it for another time.† This turns out to be a fatal decision. Both â€Å"Baby Love† by Kathy Stinson and â€Å" Mothership Down† by Marty Chan the main characters both unknowingly make bad decisions by holding off  on doing something that turns out to change the plot drastically. Another similarity between â€Å"Baby Love† by Kathy Stinson and â€Å"Mothership Down† by Marty Chan and how the conflict between parent and child develops the plot is both of the texts end in regretting something. In â€Å"Baby Love† by Kathy Stinson Chelsea wanted to care for her baby on her own, when she realized that she could care for her baby all alone she experience a mental break down and screamed at her baby. Chelsea regrets not accepted the help that was offered to her by her mother. Evidence from the text that was found is â€Å"But a mom was supposed to know what to do when her baby cried. And she didn’t.† Chelsea feels as though she failed as a mother and she could have seriously injured her own baby. Maybe if she would have just accepted her mother’s help she wouldn’t have had the break down that she did. She never would have yelled at her baby or experience the hatred towards herself and the baby as she did. Chelsea regretted the feelings that her baby made her feel if only she would have accepted the help that her mother offered to provide. Meanwhile in the story â€Å"Mothership Down† by Marty Chan the main character regretted not apologising to his father while his father was still alive and while the main character had the chance. In the text it states â€Å"dad died on a Thursday morning. I never got the chance to tell him.† Also it says â€Å"I realized that one person can make a difference if that person chooses to do nothing at all.† The main character regrets not apologizing because he made a difference in a negative way, he now needs to live with the guilt of having too much pride as to apologise to his dying father, for not talking about how hurt he was that his father never stood up for him over his new old car to his friends. The two selections â€Å"Baby Love† by Kathy Stinson and â€Å"Mothership Down† by Marty Chan tie together in developing the plot with the conflict between the man character and their parents because both main characters should have sucked up their pride and gave in to the fact that they were wrong. A main difference between â€Å"Baby Love† y Kathy Stinson and â€Å"Mothership down† by Marty Chan is the parenting style chosen by the parent in both of the selections. The mother in the story â€Å"Baby Love† is suffocating her daughter (Chelsea) and her granddaughter (Abigail) with love so to speak. The mother  continuously offers her help to Chelsea in the aid of raising her baby Abigail. An example of this is when the mother tried to bottle feed Abigail rather than Chelsea breast feed all the time. The mother also offered to stay home from work to help Chelsea care for her baby Abigail again. In the text it says â€Å"You wouldn’t be so tired if you’d let me give her a bottle once in a while.† And â€Å"But Lorraine said shed fill in for me till the end of the month.† The mother is very persistent in trying to help Chelsea with Abigail. In the other story â€Å"Mothership Down† by Marty Chan the father of the main character doesn’t offer to help his son when he is looking for his father’s help. The main character’s friends are talking trash about his old new car that he bought and picked out by himself, and he wanted his father to stand up for his car but he never. This came directly from the text â€Å"I looked right at Dad, expecting him to say something. To help me out.† It also says â€Å"You know what he said instead? Beggars can’t be choosers.† This very clearly made the main character furious. Towards the end of the story we find out in â€Å"Baby Love† by Kathy Stinson the mother tried helping out her daughter because she knows how hard it is to raise a baby, much like the story â€Å"Mothership Down† by Marty Chan we find out the father only done this to help his son out, the father thought his son could stand up for himself. These simple misunderstandings is how the plot was developed. â€Å"Baby Love† by Kathy Stinson and â€Å"Mothership Down† by Marty Chan have many similarities and differences. Both contain parent/child conflict which develops the plot in the end of each story, both make you realize that in the long run both parents only wanted the best for their children even if it wasn’t clear to the children in the beginning.

Monday, January 6, 2020

The Definition of a Trademark and Goodwill - Free Essay Example

Sample details Pages: 6 Words: 1835 Downloads: 6 Date added: 2017/06/26 Category Law Essay Did you like this example? INTRODUCTION Definition of trademark Any company has the right to take legal action if enough evidence is provided to the court. The company that feels infringed can take legal action supported by the principles of intellectual property rights. Company X has the rights to take legal action against company Y on the basis of fundamental principles under intellectual property rights. Don’t waste time! Our writers will create an original "The Definition of a Trademark and Goodwill" essay for you Create order Company X is a manufacturer of cool soft for men under the trade mark as cool soft as the first company to register under such a distinctive name. Company Y also starts to manufacture real soft for men under the trade mark real soft after company X is already trading. Trade mark by Yu,(2007), is defined as any word, name, symbol or device or any combination thereof used by a person to identify and distinguish his or her goods from these manufactured or sold by others and to indicate the source of the goods. In the case of laximikant Patel vs Chetan bhat shah, it was held that the trade the definition of trade mark is very wide and means a mark capable of being represented graphically and which is capable of distinguish the goods and services of one person from those of others. In this case company X has come up with a distinctive name as it trademark as the source to all consumers or as a source of such a product. Company X coming up with a name trade mark that is totally differen t from any other company. Furthermore, what is necessary is the connection between the mark used in relation to the goods and the person claiming a right to use the same. Recently in the case of Jaleel Associates vs Hotel sugar, it was held that if a name used in relation to goods or services for the purpose of indicating a course of trade between goods and services and some person having the right to use such name whether with or without any indication of the identity of that person such name is a trademark. In this case, company X under the trademark cool soft is able to portray a certain that of trade and under such a trade, people are able to identify the trade or goods or services that are being provided and this becomes a trademark. On the other hand company Y does not come up with something different but follow in the same trade as company X which has already have the trade mark because of being able to make easy identification to customers on goods or services being provi ded in that particular market. In addition, company X has also registered the trade mark cool soft. Under the Trade Mark Act section 14(1) provides that a mark will only be registered as a trade mark if it contains or consists of a word or words having no direct reference to the character or quality of the goods and not geographical name or surname. In this case company Yà ¢Ã¢â€š ¬Ã¢â€ž ¢s trade mark real soft has a direct reference to the trade mark of company X which is prohibited under the Trade Mark Act. Goodwill The goodwill of company X is portrayed were the cool soft has been marketed over a period of time, whilst company Y has just started manufacturing. Goodwill is ability to attract customers and potential customers to do business with the owner. Company X has developed goodwill for a long period of time. Customers have been buying their products, and this has made the company to amass for revenue, maintaining a bigger market share and brand loyalty. Unlike company Y who are just new to the business and has not been tested in the industry for a longer period. In the case of Hotel Capriani vs Cipriani (Grosvenor street) 2010, it was held that the claimant succeeded in both action sued which were trademark infringement and passing off. Company X has the right to take such legal actions. The aspect of marketing the product for a long period of time has made company X to be an established company, trusted by many people and therefore the sufficient enough to take legal action. In the c ase of Jules Rimet vs the football Association, it was held that after considering the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence which included references to the mascot in the press from time to time concluded that there was sufficient residual goodwill for action of passing of. Apart from this, in the case of Reckitt and Coleman products Ltd vs Borden Inc, it was held that the existence of the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s extensive and exclusive goodwill built over the years, a misrepresentation as to the goods or services offered by the defendant and damage to the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s goodwill as a result of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s misrepresentation amounted to passing off. Company X has built a reputation over the years and company Y by producing a product similar has somehow destabilize the sales, customers and market share of company X which in the case above amounts to passing off. Passing off is an attempt by one trader taking advantage of the goodwill develop ed by another to the detriment of the trader. Company X has marketed over a period of time and company Y has just started manufacturing similar products like the ones that company X is manufacturing. In a similar case Erven Warnink Bv vs J Townsend Sons Ltd (1979), it was held that not only damage due to lost sales but damage to reputation by being associated with inferior product amounted to passing off. Townsend was liable for passing off their goods as those of Warnink and the court applied the test for passing off which includes and any situation where misrepresentation is likely to injure the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s goodwill. There was no trademark infringement but passing off. In order for one to claim passing off, there must be elements of the following aspects: There must be a goodwill or reputation attached to the goods or services of the claimant. In this case company X has marketed its product over a long period of time than company Y which has just started marketing same products. By marketing for a long period of time, company X has built a good relationship with customers. Sales have dropped due to company Y producing the same kind of product thus driving away customers to buy the other product and reducing the profitability of company X. This gives the right for company X to take legal action against company Y as this amounts to passing off. In the case of Buckley LJ H P Bulmer Limited vs Bollinger SA (1978), the court held that a man who engages in commercial activities may acquire a valuable reputation in respects of the goods in which he deals, or of the services which he performs or his business as an entity. The law regards such a reputation as an incorporeal piece of property, the integrity of which the owner is entitled to protect. So in this case, company X has built a reputation by marketing for a long period of time and by such the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s image, property and reputation are entitled to be protected. For passing of to be established there must be an element of misrepresentation. This element of misrepresentation is shown by company Y when manufacturing the products with similar packaging in white, dark blue and green colors as the ones that company X has manufactured for a long period of time. Misrepresentation is a false description made consciously or unconsciously through the use of a mark, trade name or get-up (brand name, trade description, individual features of labelling or packaging) with which the goods of the claimant are associated and which is likely to mislead the sensible members of the public. 3.0 Misrepresentation In the case of Arsenal Football Club Plc vs Reed (2001), it was held that the disclaimer was sufficient enough to prevent misrepresentation which is a necessary ingredient for passing off. The customers had not been deceived into buying and there was no real likelihood of confusion. But in this case company Y has labelled its product similarly to the ones of company X thus creating confusion as customers would not be able to differentiate from the original product hence deceiving customers. The deception as a result of a misrepresentation is an essential ingredient for a claim in passing off. In the case of BP Amoco Plc vs John Kelly Ltd (2005), it was held that deception or its likelihood lies at the heart of the tort of passing off. If the customer can see sufficiently clearly when he gets close to the station that the product sold is not that of Bp, he does not buy the petrol under the mistaken impression that he is getting Bp petrol. But in this case it is hard for a customer to clearly see the difference as the packaging of company X is white, dark blue and green, similarly to the one that company Y has started manufacturing. The packaging looks the same and this causes deception as company Y would be selling its product to customers who might buy on the essence that the product they are buying is for company X which has been manufacturing the product for a long period of time. By doing so company Y is deceiving customers into buying a product which is not the actual known product in the market which is manufactured by company X. This still amounts to passing off as company X is entitled to take legal actions under such circumstances. In the case of Combee international v Scholl (1975), the plaintiff manufactured insoles called odox heaters which contained activated charcoal. The defendant who was a well-known manufacturer of footwear also p roduced odox heaters. These were packaged in the same way. It was held that an injunction was granted on the basis that there was misrepresentation as the origin of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s product which was inferior. So in the same way company X can take legal actions against company Y because company Y is packing in the same way as the product of company Y is sold. Furthermore in the case of Wilkinson Sword Ltd vs Cripps Lee, the court held that the plaintiff had indeed have a reasonable cause of action. Meaning company X has the right to take legal actions. Damage to good wil Damage to good will would be a loss of reputation or control over reputation, exposure to litigation or erosion of the mark. Company Y has just started making similar goods as the ones made by company X. This has resulted in some of the customers buying from company Y thus reducing the gross profit for company X because the two companies share customers. In the case of Annabelà ¢Ã¢â€š ¬Ã¢â€ž ¢s (Berkley Square Ltd vs G Shock (Annabelà ¢Ã¢â€š ¬Ã¢â€ž ¢s Escort Agency), 1972, it was held that there a was sufficient association between what the public would consider the field of activity in which both business conducted