Overviews of Lyons Partnership v Ted Giannoulas Free Essay Example, 3500 words

In Lyons Partnership V. Ted Giannoulas case, the district court ruled that there was no evidence sufficient to sustain a consumer-confusion case. This was reached after it was ruled that the defendant s use of barney-like mascot was a parody. In addition to dismissing the case, the court further awarded attorney s fees to the defendant. As a result, the plaintiff appealed to have both decisions overturned at the Appeals Court. Even though Lyon fiercely contested the decision by the district court, the rule at the Apeals court was no different. The judges reasoned that the use of the Barney-like mascot as purely parody and termed Lyons argument as meritless. Andrew Brown was a professional athlete who had sought the services of one Robert Woolf who happened to be both a sports agent and an attorney. The plaintiff sought punitive damages, compensatory as well as an imposition of a particular trustee fee. Apparently, the defendant had received money on behalf of the athlete but justif ied it to be his for the services offered. In 1983, a district court in Indiana was the first place the parties took the case where it was argued for some time. We will write a custom essay sample on Overviews of Lyons Partnership v Ted Giannoulas or any topic specifically for you Only $17.96 $11.86/page This is because there lacked evidence to prove that both parties had agreed on how the agent was to negotiate with other clubs. The court reasoned that there were credibility issues on the part of the agent. Similarly, there was no sufficient proof for a trial concerning misrepresentation.

Racial Discourse in the Film 8 Mile Directed by Curtis Hanson

The film 8 Mile, directed by Curtis Hanson, is the typical American story of struggle and the eventual overcoming of obstacles and evil. Upon closer look, the film is arguably a socioeconomic and racial discourse. It focuses on the ascension of Marshall Mathers into the rap industry, previously dominated by African-American males. Rabbit’s race, gender, and class, all contribute to his identity and the meaning of the film, as well as contributing to Eminem’s image. Several themes are defined through the movie’s underlying discourse of race and class: the commodification of black culture, racial opposition, â€Å"passing†, cross-cultural bonding, white heroism and white masculinity, the reversal of white privilege into a disadvantage, and†¦show more content†¦The film starts with a black screen before Eminem’s white face appears. Jimmy lives on the opposite side of 8 Mile Road, which separates him from the urban blacks, and makes him a privi leged suburban white. His mission in this movie to cross that literal and psychological border (8 Mile Road) and become accepted as a rapper despite his skin color. It is argued that Rabbit’s character is a tourist who ventures into black culture, and on the way, masters their art and dominates their industry (Jennings 2008). Therefore, Eminem, and the director Curtis Hutton, white people writing about an African-American dominated industry, have now commodified the culture (Jennings 2008). This translates to Eminem’s career and his success in the industry. But Eminem’s success is ultimately due to his ability to encompass the characteristics of black culture while maintaining his position as a white male: â€Å"affiliations with black masculinity provide cultural acceptance and authenticity, which fuel his entry into hip-hop culture. White masculinity provides mobility, ambivalence from white audiences, and commercial success† (Dawkins 465). Therefore b y â€Å"walking† the spaces between black and white masculinity and never committing to one, he masters the industry. Somehow he uses both racial characterizations as privileges (Dawkins 464-465). According to Eric King Watts, Eminem uses his passage into a â€Å"dark† or black world (the

Essay on Hurricane Devastation Of Hurricane Katrina Essay Example For Students

Essay on Hurricane Devastation Of Hurricane Katrina Essay Hurricane KatrinaHurricane Katrina was the most expensive hurricane that hit the United States ever. The hurricane was the third strongest of the season, behind both Hurricane Wilma and Rita. The hurricane was the third strongest of the season, behind both Hurricane Wilma and Rita.Early in the morning on August 29, 2005, Hurricane Katrina struck the Gulf Coast of the United States. When the storm made landfall, it had a Category 3 rating on the Saffir-Simpson Hurricane Scale–it brought sustained winds of 100–140 miles per hour–and stretched some 400 miles across. The storm itself did a great deal of damage, but its aftermath was catastrophic. Levee breaches led to massive flooding, and many people charged that the federal government was slow to meet the needs of the people affected by the storm. Hundreds of thousands of people in Louisiana, Mississippi and Alabama were displaced from their homes, and experts estimate that Katrina caused more than $100 billion in damage.Hurricane Katrina: Before the Storm The tropical depression that became Hurricane Katrina formed over the Bahamas on August 23, 2005, and meteorologists were soon able to warn people in the Gulf Coast states that a major storm was on its way. By August 28, evacuations were underway across the region. That day, the National Weather Service predicted that after the storm hit, â€Å"most of the Gulf Coast area will be uninhabitable for weeks†¦perhaps longer. † New Orleans was at particular risk. Though about half the city actually lies above sea level, its average elevation is about six feet below sea level–and it is completely surrounded by water. Over the course of the 20th century, the Army Corps of Engineers had built a system of levees and seawalls to keep the city. .ver the Crescent City Connector bridge to the nearby suburb of Gretna, but police officers with shotguns forced them to turn back.)Katrina pummeled huge parts of Louisiana, Mississippi and Alabama, but the desperation was most concentrated in New Orleans. Before the storm, the city’s population was mostly black (about 67 percent); moreover, nearly 30 percent of its people lived in poverty. Katrina exacerbated these conditions, and left many of New Orleans’s poorest citizens even more vulnerable than they had been before the storm.In all, Hurricane Katrina killed nearly 2,000 people and affected some 90,000 square miles of the United States. Hundreds of thousands of evacuees scattered far and wide. Today, after years of recovery and rebuilding efforts, people along the Gulf Coast have made great strides in returning to life as usual even as they continue to rebuild.

Satellite radio XM versus Sirius Essay Essay Example

Satellite radio: XM versus Sirius Essay Paper Sirius Satellite Radio Inc ( ab initio called Satellite CD Radio ) was one of the two initial participants in the orbiter wireless industry created by two passionate cats David Margolese and Robert Brckman back in 1997 in Canada. The 2nd participant in the industry was XM Radio. backed by AMS Corp. . and Hughes Electronic ( a subordinate of GM ) . Market state of affairs for both companies was similar. but Sirius someway fell a few stairss behind XM Radio. therefore I will analyse in peculiar jobs of and chances for Sirius Satellite Radio Inc. 1. ProblemsA job for Sirius every bit good as for XM was immense initial investings. All sums in this instance are with six figures and had to be invested without backup of powerful investors. Clear informations on Sirius initial investings are non available. but they can be derived from the competitor’s expenditures in the same country. Another common job for both rivals is the competition with tall free wireless ( FM AM ) ; Internet wireless ; satellite Television and overseas telegram systems. who provided wireless services every bit portion as their digital bundle for free. It is hard to carry a regular hearer to buy a service. which is already provided for free in good quality. We will write a custom essay sample on Satellite radio: XM versus Sirius Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Satellite radio: XM versus Sirius Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Satellite radio: XM versus Sirius Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A major job for Sirius was the broadcast medium hold for 2 old ages due to proficient jobs. Sirius started airing 9 months subsequently so XM started to offer its service nationally. XM launched initial ad run ( $ 100mil ) and collected most of initial clients by the terminal of 2002 ( 347 vs. 30 1000 ) . After come ining the market Sirius offered service for a higher monetary value of $ 12. 95 vs. $ 9. 95 for XM. No explanatory ad run took topographic point to explicate to possible consumers the grounds for monetary value difference. Income was largely generated from the subscription fees – 85 % of entire income. because of the ads-free music channels. This can be perceived as a asset or subtraction. On the one side endorsers are willing to choose music channels free from ads on the other side the company looses money it could roll up from airing advertizements. Unfavorable concern understanding conditions with auto manufacturers and traders ( ab initio dealer installed option vs. mill installed significance that client has to bespeak and pay to boot for Sirius wireless set. besides subsequently non sufficient sum of mill installed Sirius auto wireless sets ) . Sirius chipsets required to pick up signal are more expensive than XM’s. hence bigger subsidies to auto manufacturers are required from the Sirius’ side ( portion of the unfavourable footings of the understanding ) . Initially Sirius did non supply place wireless equipment thereby losing 37. 3- 47. 3 % wireless possible wireless endorsers. After supplying wireless sets for places the most popular still remained XM wireless Delphi XM SkyFi. Sirius Radio channels did non cover Latin-American ( XM had 5 channels ) and African American ( reggae ) audience. This besides resulted in the loss of possible endorsers. 2. Recommendations and alternativesSirius could unify with XM and carry on as one joint company. for illustration Sirius XM. provided it is permitted by FCC and NAB under the applicable competition ordinances. A new company of joint ownership could be set up ( owned by Sirius and XM ) . which would have the proficient equipment. such as orbiters and web of tellurian repeaters. Then both companies could lease transmittal frequences form this 3rd company. It decidedly could salvage 100s of 1000000s for both rivals and they could still stay independent and viing with each other. As an extra money salvaging activity could be a cooperation with cell phone service suppliers utilizing their web coverage equipment to cover zones. which are hard to entree geographically. Situation for Sirius could be well improved by specifying the orbiter wireless mark market and merchandise placement in it ; besides it could develop tactical selling program and put pricing harmonizing to the mark audience. As a competitory advantage Sirius could offer service to upload music for MP3 participants played on the wireless every bit good as on petition. There could be possible cooperation with music record companies. for illustration IGM. Sony records etc. Sirius could be as a go-between between record companies and music hearers who are non willing to purchase expensive Cadmiums. but would hold for a little charge download it lawfully through the orbiter wireless. Cooperation could take topographic point besides with personal computing machines manufacturers. so that Sirius orbiter wireless could be listened on Personal computers without extra proficient installings. As one of the offers could be a cheaper initial bundle for the budget audience with a possibility for a little cost to add extra channels. 3. Executions of recommended alternativesI would propose to implement a 2nd recommendation mentioned above – to make a 3rd jointly owned company. My point of position is that it is better to retain two different companies with their typical concern schemes and maintain a healthy competition in the market. because Oklahoman or subsequently other rivals will get. When extra competition arrives the 3rd joint company could ( a ) sell orbiter broadcast medium services to the new rivals thereby cut downing costs for Sirius and XM. or ( B ) diminution supplying this service thereby doing entryway to the market for new rival highly expensive procedure ( it is questionable whether this would be allowed under the competition ordinances ) . To cover the North America merely 2 or 3 orbiters are needed. therefore the 3rd company could spread out to south America. and thereby Sirius could enlarge its audience. After salvaging tremendous sum of money Sirius should concentrate on earnestly specifying the mark market ; merchandise placement in it ; develop tactical selling program and put pricing harmonizing to the mark audience. Implement broad selling program and pass money on research and development of new services and merchandises. Charless w. l. hill and gareth r. Joness. Strategic managemnt 7th edition

How To Change A Babys Diaper Essays - Babycare, Infancy, Diapers

How to Change a Baby's Diaper As a teenager who might baby-sit or even as an adult, there will come a time when you'll have to change a baby's diaper. If you follow some basic directions, you should be able to safely change the baby's diaper and make the baby a whole lot happier. First, you will need to gather a few items before you change the baby's diaper. You will need a diaper, baby powder, baby wipes, a safe spot to lay the baby down, a change of clothes in case the baby's diaper leaks through on to his/her clothes, and of course, you need a baby. Keep in mind it's important to get all items required before you begin, because under no circumstances should you leave the baby unattended. Leaving the baby unattended could cause harm to the baby if he/she were to roll off the table, couch, or any other location you choose to change their diaper. Second, you need to determine if the baby needs his/her diaper changed. To do this is simple. You would look at the baby's diaper to see if it is wet. If the diaper is wet, it will have a swollen look to it. If you can't tell by just looking at the outside, peel the tape, located on the front of the diaper back, pull the diaper down, and take a look inside. If the diaper is wet, it will have a yellowish discoloration on the inside. Also, if the baby has an awful odor about him/her it's safe to assume he/she needs a diaper change. If you're not sure you can look and see if he/she left you any surprises. Third, after determining if the baby needs his/her diaper changed, and we'll assume he/she does, double check to make sure you have everything required before getting started. If you're sure you have all the items required, you're ready to get started. Lay the baby down on a changing table, floor, couch, or whatever is readily available at the time. Keep in mind the place you choose should be a safe one. After laying the baby down undress his/her bottom half, and then undo the two sticky tabs, one on each side of the diaper. Next, you would gently lift the baby's bottom up by carefully holding their ankles and lifting. While the baby's bottom is lifted pull out the soiled diaper and set it aside until you can dispose of it. Then, while you've still got the baby's bottom lifted wipe it with a baby wipe until clean. It may take a few of the wipes depending on how big a mess there was. After you've cleaned the baby's bottom set him/her back down and make sure the front area is also clea n. When finished cleaning, grab the clean diaper and sprinkle some baby powder in it. Then, again gently lifting the baby's bottom, slide the diaper underneath the baby's bottom, and then gently set the baby down on it. Next, pull the front of the diaper up in between the baby's legs and go to each side undoing the sticky tab and sticking it to the front to secure the diaper. Finally, once that is completed you would get the baby dressed again put the baby in a playpen, crib, or any other safe place you choose. Next go back to changing area and then clean up the mess and dispose of the soiled diaper and wipes. Now that you are completely finished you have changed a baby's diaper and made the baby very happy. Bibliography This is a process essay I wrote for my English 115 class. This paper received an A for a grade.

Jury-rigged vs. Jerry-rigged

Jury-rigged vs. Jerry-rigged Jury-rigged vs. Jerry-rigged Jury-rigged vs. Jerry-rigged By Maeve Maddox A reader asks to know the difference between jury-rigged and jerry-rigged. Of the two, the older term is jury-rigged, a nautical term dating from the days of sail. Because they were often damaged in storms, sailing ships carried a spare mast called the jury-mast. Apart from scholarly speculation, the etymology of jury in this context is unknown. The jury-mast was like a spare tire, to be used only in an emergency and replaced by the real thing as soon as possible. The adjective jury-rigged came to be applied to anything intended to be of temporary use. Here are some examples of the term in current usage: Andrew Gill, had coolly waited for the weather to calm down after his vessel lost its mast and communications equipment in rough weather, and then jury-rigged a sail to get him to his destination.- SailWorld, 2012 Despite great hardship caused by limited power, loss of cabin heat, shortage of potable water, and the critical need to  jury-rig  the carbon dioxide removal system, the crew returned safely to  Earth  on April 17.- Princeton University site. A second expression that is earlier than jerry-rigged is jerry-built. As with the jury in jury-rigged, the origin of the jerry in jerry-built remains a mystery. First (1881) came the term jerry-builder: It is unfortunately too often the habit of builders- or rather jerry builders- to use the worst possible description of bricks. A jerry-builder was a contractor who put up shoddy houses for a quick sale. The first citation for the adjective jerry-built to describe shoddily built houses is dated 1869. Here are two recent examples of the use of jerry-built: In their need for access to varied sources of employment and cheap housing, immigrants were restricted to decaying or jerry-built housing.- The American Landscape, Stephen F. Mills, Routledge, 2013   Central to nearly all the semi-abstract paintings in â€Å"With a Tug and a Hold† are what appear to be architectural structures, or fragments of the built environment: a jerry-built wood shack here, a bit of metal scaffolding there.- The Washington Post, 2012. â€Å"Jerry-rigged† conflates â€Å"jury-rigged† with â€Å"jerry-built.† In American usage, jerry-rigged refers to something devised or repaired with materials at hand. Here are some examples: Our presentation was jerry-rigged because we hadn’t been able to get the software to work correctly in time.- The Accidental Millionaire, Gary Fong, BenBella Books, 2009. With the Afghan army also lagging in explosives experts, its members often resort to jerry-rigged tactics to locate and defuse IEDs, officials say.- The Washington Post, 2014 It was the very definition of jerry-rigged: She’d cut some slits in the back of a gel skin phone cover that would serve as credit card slots, taped a piece of cardboard on as a makeshift cover, and added a string to form a wristlet.- Huffington Post, 2014 Frustratingly, in this case, my attempt to use my iPad as a jerry-rigged solution has actually  created  problems I didn’t have before.  - MIT Technology Review, 2012. Although not in either the OED or Merriam-Webster, the verb to Macgyver is used with a similar meaning by some speakers: to Macgyver: to invent useful devices from ordinary materials. A device or mechanical solution created by Macgyvering is a Macgyverism. The words derive from the name of Angus MacGyver, a television character noted for his ability to resolve dangerous problems by non-violent means. Instead of a gun, this hero carries duct tape and a Swiss Army knife. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:50 Slang Terms for Money35 Genres and Other Varieties of Fiction30 Words for Small Amounts

THE ARTICLES AND THE MEMORANDUM FORM A CONTRACT BETWEEN THE COMPANY Essay

THE ARTICLES AND THE MEMORANDUM FORM A CONTRACT BETWEEN THE COMPANY AND ITS MEMBERS. DISCUSS WITH REFERENCE TO RELEVANT STATU - Essay Example In this regard, the law relative to the memorandum of association prior to the enactment of the Companies Act 2006 is relevant to this study. Suffice it to say for present purposes that the extent to which the articles and memorandum forms a contract between the members and the company are reflected by the functions of each document. The memorandum’s functions have been altered, but its historical significance continue to be applicable as it has been resurrected and placed within the articles of association. Prior to the implementation of the Companies Act 2006, the memorandum defined the company’s external charter while the articles define the company’s internal charter. Ultimately, the memorandum and articles of association functioned together to determine the member’s commitment to the company’s goals and objectives and how the members will and can facilitate those goals and objectives. ... Instead of referring to the memorandum and articles of association, it merely attributes the contractual basis to the company’s constitution. Elsewhere in the 2006 Act, the company’s constitution is described as the articles of association. This essay analyses the contractual role of the articles and memorandum association in binding the members to company. I. The Memorandum of Association A. The Contractual Nature of the Memorandum of Association Prior to the Companies Act 2006 All UK companies are required to have a memorandum of association.5 Under the Companies Act 1985, the memorandum of association was required to specifically state the company’s objects and constitution.6 Recent reforms promulgated by the Companies Act 2006 have effectively reduced the memorandum of association to a mere shell of its former contractual significance. The current memorandum of association is no more than a simple instrument reflecting basic information such as the companyâ⠂¬â„¢s name, its registered office in the UK, share capital and shareholder liability. Even so, the memorandum of association has historical significance in that its main contractual basis has been transferred to the articles of association. Therefore the common law relative to the members’ commitment to the company’s objects under the memorandum of association are now relevant to the same commitment under the articles of association. Moreover, the share capital and limitation of liability as stated in the memorandum of association are also important parts of the members’ contractual relationship with the company that they form. Under the Companies Act 1985, the Memorandum of Association set out the objects of the company and the purposes for which it was formed.7 Section 2 also provides