Copyright Essay Example | Topics and Well Written Essays - 500 words

Copyright - Essay Example Moreover, Nike would need to show that there would be a likelihood of consumer confusion of the fair-use of the trademark. It would also be to Nike’s advantage if it formally sends a letter to that party informing the latter that there was an infringement of Nike’s trademark particularly taking into discussion the possible remedies that Nike can resort to if the latter does not cease and desist in its acts of infringement. If the other party refuses to stop and contest Nike’s action, such refusal may constitute proof of willful infringement (Irwin, Sutton & McCarthy 2008 p. 286; Hansen 2006 p. 111). In Polaroid Corp v Polarad Electronics Corp 287 F. 2d 492 (2nd Circ. 1961), the Court established the 8-factor Polaroid Test to determine whether the use of another of a trademark similar to that of a party will result in the likelihood of confusion. These factors are: the strength of the mark of the plaintiff; the degree of similarity between the two marks; identical products and distribution channels; effect of market expansion; proof of actual confusion; product quality; bad faith exhibited by the defendant; sophistication of prospective consumers.

Juvenile Delinquency and Justice Assignment Example | Topics and Well Written Essays - 750 words

Juvenile Delinquency and Justice - Assignment Example Some of the defining movements and legislation in the 20th century were aptly presented in the National Criminal Justice Reference Service (NCJRS) online published report that enumerated the following: firm conformity of the Parens Patriae which claimed that â€Å"the State has both a right and a responsibility to intervene in family life and assume the task of rearing a child if the family is unable to do so. It has roots in English Poor Laws, which empowered the State to separate poor children from their families and place them in apprenticeships†; Parental Delinquency Laws which holds parents liable for apparently being significantly contributory to the delinquency of their children; institution of Due Process; and conditions and stipulations explicitly outlining Exceptions to Due Process. Likewise, also during the 20th century was the Juvenile Delinquency Prevention and Control Act (JDPCA) of 1968 instituted to propose handling on non-criminal juvenile cases out of courts; while the Juvenile Justice and Delinquency Prevention Act of 1974 was designed to deinstitutionalize â€Å"status offenders and nonoffenders as well as the separation of juvenile delinquents from adult offenders''. Likewise, there was the need to create the dependency court to ensure that juveniles are protected from being maltreated. It was likewise emphasized that â€Å"as juvenile court legislation was transformed in the delinquency context to provide procedures to satisfy the Gault requirements, the dependency court was left to continue its parens patriae jurisdiction over children and families†.