Distinguishing Panavision And Bensusan :: Legal Essays

Distinguishing Panavision And Bensusan The law regarding jurisdiction determination was far from crystal clear even before the internet came of age, and courts are now having a difficult time reconciling the "purposeful availment" and related "effects" tests used in traditional jurisdiction analyses with the new paradigms in information transfer made possible by the internet, and in particular by the World Wide Web (WWW). These difficulties are apparent in Panavision, Int'l. L.P. v. Toeppen, 938 F. Supp 616 (C.D. Cal. 1996), and Bensusan Restaurant Corp. v. King, 937 F. Supp. 295 (S.D.N.Y. 1996). Both cases involved trademark infringement and dilution suits stemming from the alleged use of the trademark on the WWW. Each court came down differently on the jurisdiction issue, and rightly so, but neither court's analysis was very satisfying when one attempts to distinguish the two cases. In Toeppen, the defendant had formed a plan to find prominent registered trademarks which had not yet been registered as internet addresses, and register them as his own, with the expectation that he could sell them at a substantial profit to the owner of each mark should that owner desire to do business on the internet using that internet address. The court used a three-part test for specific jurisdiction, the first part of which was the "purposeful availment" test, which in turn became an "effects test" when the claim is in the nature of a tort. After deciding that the claim was tort-like, the court used the "effects test" and found that Toeppen's acts were 1) intentional, 2) aimed at California, and 3) caused foreseeable harm to the plaintiff. This was at the heart of the court's reasoning in exercising jurisdiction. The facts in Bensusan start out very much like Toeppen, but diverge at a point, resulting in a decision to decline to exercise jurisdiction. In Bensusan, which proceeded Toeppen by ten days, the defendant, a Missouri jazz club, had set up a web page the contents of which contained an allegedly infringing use of the plaintiff's trademark, "The Blue Note". The plaintiff, owner of the mark for a New York jazz club, wanted the New York district court to interpret state law so that it could exercise jurisdiction over the Missouri club. It refused to do so because, under a similar "effects test" to that used in Toeppen (the court here also found the claim to be in the nature of a tort), there was no foreseeable harm to the plaintiff.

Different School Systems Essay

In 1867 Catholic’s represented 17% of the population of Ontario, while Protestants represented 82% and other religions combined to 2% of the population. At the time of the confederation there was an issue that the province would be controlled by a protestant majority and might use its power over education to take away the rights of the minority Roman Catholic population. The solution to this problem was solved by the guarantee of the rights to a denominational education by entrenching it in the Constitution. Since 1867 the population of Canada has changed along with the different religious beliefs. This exemption of Catholic school being considered public seems discriminatory towards those of different religious beliefs. With Canada’s diverse multicultural population, is it reasonable in Ontario to consider Catholic Schools public and receive government funding , while other religion based schools are considered private, and receive no funding? The obvious conclusion would be that funding should be limited to public schools that are independent from religious indoctrination because funding of Catholic schools goes against our protected Charter of Rights, current non-religious based public schools are better in meeting the demands of the population, and finally other provinces have began to stop funding of all religion based schools. The first reason against the the funding of Catholic schools is that it goes against our protected Charter of Rights and Freedoms. In charter section 15 it states that â€Å"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and in particular without discrimination based on race, national or ethnic origin, color, religion†¦. †. This means if Catholic schools are funded by the government, why shouldn’t other religious based school be funded as well? The justification of section 15 (2) cannot be applied since Roman Catholics were never disadvantaged in the first place. Also the idea of this funding towards Catholic schools was created in to allow denominational education towards this particular group in response to the fear of the Catholic community losing its education rights. This does not solve the problem because this action does seem fair to the educational rights of other religious minorities. Also the funding of Catholic schools goes against charter section 2 which gives the â€Å"freedom of conscience and religion; freedom of thought, belief and opinion†¦. Since a normal public school is independent from religious indoctrination why would we then have another public school going completely against that idea of independence of education? We then have cases in which coercion occurs. This funding also interferes with the idea of everyone being equal before the law since the charter section 29 basically prevents any other section of the charter to abrogates or derogates from any rights or privileges guaranteed by the Constitution of Canada. This allows for Catholic school funding continuing receiving its funding and prevents any individual to take action against this inequality. The second point which goes against the funding of Catholic Schools is the fact that current non-religious based public schools are better at meeting the demands of Ontario’s multicultural society. Since non-religious schools are free of any religious indoctrination it allows for a sense of equality being recognized by the community. The fact that there is no advantage or disadvantage being put onto a certain religious groups allows for there to be fewer arguments among different religious groups on education equality. Also since there is no religious beliefs placed in a non-religious based public school it is more free and open to all living in Ontario. Everyone is able to attend a public school without a worry of going against their own religious morals and beliefs. Also the curriculum being taught at a Catholic school is not more advanced than non-religious public schools, but instead the same standard. This means that Catholic schools being recognized as a public school system does not hold any significance except to cause disputes among individuals. The third and final point which goes against the funding of Catholic schools is the fact that other provinces have stopped funding of all religious based schools. This idea that other provinces have stopped funding these schools shows that a majority of Canada recognizes the problems with this type of funding. In Ontario it is required by law for an individual to get an education until he/she is 18 and may decide otherwise. Since every child gets a chance at a free education through the schools which the government funds, why should there be a preference in school systems which the government also funds? Why should individuals who pay taxes and send their kids to non-religious public school also have to cover for the cost for individuals who feel more special than the general population? Since no individual is really forced to go to a Catholic public school by law, why should it be considered public? In conclusion the idea of Catholic Schools being considered public was created to protect the education rights of the minority (Roman Catholics) during time of confederation. Now that time has passed the population of Ontario has changed and along with the religious beliefs of that population. This privilege given to the Roman Catholics now should change to accommodate the population of Canada. This should be done so by limiting funding to public schools that are independent from religious indoctrination because funding of Catholic schools goes against our protected Charter of Rights, current non-religious based public schools are better in meeting the demands of the population, and finally other provinces have began to stop funding of all religion based schools.

Essay on Media Models In Everyday Life - 1254 Words

The movie Invictus brings up several key points about the media in everyday life. One of the most prominent points brought up in the film is that sports have the power to bring people together and unite them with a common goal. Sports are an enormous part of the media and cultures all over the world. Whether it be the Super-bowl, World Cup, or Olympics, millions of people continue to unite and cheer for the teams they support. The reason in which sports often unites people is that it gives people something in common with one another. No matter what race, age, or gender, people of all types enjoy watching and supporting sports teams which is why it is such a powerful means to unite people. The majority of viewers are never†¦show more content†¦However, the country was still separated as black vs. white, and it was Mandela’s goal to change that. The meme Nelson Mandela was trying to spread was â€Å"One Team-One Country† through use of the rugby team the Springboks. The Springbok’s once symbolized apartheid, which is why using them to united the people of South Africa was initially very challenging. About a year after his election, South Africa was due to host the World Cup of Rugby, and Nelson Mandela used this enormous stage to his advantage. He says â€Å"A billion people watching us? This is a great opportunity.† Its was a great opportunity because television is the single most powerful force in shaping our cultural discourse and how we view the world. (Spectacle Powerpoint). Essentially, hosting the World Cup gave South Africa a reason to unite, and an opportunity to reinvent themselves for the whole world to see via the television. This instance in the movie shows how much influence television and sports can have on a country along with the rest of the world. The Rugby World Cup gave South Africa the opportunity to unite over a common team, which would serve to initiate them into a completely different wa y of life. This way of life would be to unite together in all aspects not just in sports, which was Nelson Mandela’s goal. In addition, hosting the World Cup could also broadcast to the world that South Africa was no longer aShow MoreRelatedSocial And Social Impact On Social Media1167 Words   |  5 PagesThis study suggests that social comparison orientation (SCO) produces negative outcomes is associated with social media use. They believe that people high in SCO are very aware of people around them and thus are more drawn to social media because the expansive networks allow individuals to connect to a wide variety of others, and we can learn a large amount about these people from their profiles. Also, social networking sites allow for upward social comparison, or the comparison of yourself withRead MoreDiscussion of the View that Violence on Screen Can Cause Violence in Society746 Words   |  3 Pagesand the effects it has on the media ahs been a controversial issue for a long time. Many researches have been carried out to prove or disprove the hypothesis that violence in the media can cause violence in society and as a result many theories have been formed. A theory that supports this hypothesis is the Hypodermic syringe model developed by Vance Packard in 1957 and a reflection of the popular belief at the era. The hypodermic syringe model sees the audience as a homogenousRead MoreOnly 5% of women in the United States naturally posses the body type portrayed in the media.( )1100 Words   |  5 Pagesposses the body type portrayed in the media.( ) Everyday young women and teens are surrounded by media, whether its magazines, television, radio, or newspapers. The media has a big impact on our every day lives and can take a negative toll. Teens and young women look up to the women that they see and hear about in media. They see different haircuts, outfits, and different body types that influence them, and the people in charge of media know this. The media portrays dangerous and unrealistic idealsRead MoreBenchmarking1075 Words   |  5 Pagesuse to make sense of daily life and to articulate their values * Mass media – the cultural industries and channels of communication – can then be seen as the distributors of culture. * the history of mass media can be traced through five main eras: * oral * written * print * electronic * digital * Mass communication – the process of delivering cultural messages to large and diverse audiences through media channels. Oral and WrittenRead MoreHas Digital Manipulation Gone to Far?1393 Words   |  6 Pagesbecause of the media. The media plays a huge role in our everyday life, and when a person sees an image they are automatically influenced by what that image portrays. Digital manipulation of photos is a staple tool for almost all print, web, and digital designers. whether is be something they enjoy like a product or something that is negative and they do not enjoy looking at it. People see all kinds of images and they can be subconsciously influences. Viewers want to look like the models in magazineRead MoreEssay on Health of the Female Population Endangered by Media1008 Words   |  5 PagesToday’s media is playing a huge role in the lives of everyday women and the way that they think about themselves and how they should look. This portrayal of unattainable beauty has effect women and young adolescent girls the most. The number one wish for girls ages 11 to 17 is to be thinner, and girls as young as five have expressed fears of getting fat (Tiggemann, 1996). The medias usage of ultra thin and beautiful models are leading to eating disorders and depression and other mental disordersRead MoreSmoke And Mirrors : Manipulated Realities924 Wor ds   |  4 Pagesculture in which mediated information and reality are intertwined, making it difficult to distinguish the nuances between reality and representation. We are constantly inundated with images from many different people on many different types of social media platforms, which essentially makes it possible to know the rest of the world from our living room. Meet Zilla van den Born, a Dutch Graphics student, who deceived her loved ones into thinking she was enjoying an exotic five-week holiday across SouthRead MoreMedias Effect on Negative Body Image Essay1082 Words   |  5 Pagescan change one’s whole life. Negative body image can result from the media, with photoshop and editing, celebrity fad diets, and society’s look at the perfect image. Negative body image can lead to dangerous eating disorders, such as bulimia and anorexia. It can also take a risk to unhealthy habits, such as smoking, alcohol, and drugs. It is important to stress the effects of body image, because the world still struggles with this today. Society should not be affected by media, disorders, and pressureRead MoreMedia s Effect On Society1496 Words   |  6 PagesMedia presents us with many types of negative messages. Mass media tells us how we should look and behave in society. Adds in the media sell more than product they are selling an image. Vio lence is persuasive and now a troubling aspect of the new world. Media shows us that women need to have the newest trends and ultra-thin bodies to be considered beautiful in society. It tells us that the most important thing is our image. Jean Kilbourne talks about how the image of woman has changed so much overRead MoreTaking a Look at Teenagers and Anorexia Essay1078 Words   |  5 PagesAnorexia Teenagers across America have a number of problems that they have to deal with everyday, whether it is bullying, stress, friends, school, or body image. Body image is something that is especially sensitive to adolescents and is a growing issue in the modern day. Teens, especially girls, are the most self-conscious group of people so it is not surprising that eating disorders are most likely to develop when a girl or boy becomes a teenager. Anorexia is the most common eating disorder