Thursday, February 27, 2020

Assignment Example | Topics and Well Written Essays - 6000 words

Assignment Example name infringes on the use of the trademark name, a person other than the owner of the trademark should be able to continue to use the domain name.†1 In addition to this, The Domestic Trademark Law allows users to register domain names that resemble a specific trademark, on condition that the goods and the services provided are different, which is the case of Canadian Crafts Connexion Inc. Moreover, the Canterbury Crafts Connection Company has a registered United Kingdom trademark for CanCraftsConnexCo., not for Cancraftsconnex. Even if the English company would try to combat this argument with the fact that these two trademarks seem confusingly similar, CCC has the possibility to argue this by mentioning that for the purposes of the UDRP confusion is not of great importance. Another element that the Canterbury Crafts Connection Company must prove in order to force CCC to hand over their domain name is the lack of rights or legitimate reasons of the defendant in the challenged domain name. In this case, I would advise CCC to demonstrate this interest by appealing to the entire name of the company – Canadian Crafts Connexion Inc. and explaining the necessity of using the shortened name for the website. Therefore, CCC has a legitimate reason in this domain name, which allows it, under the law provisions, to preserve this name. Regarding the first request, the defamatory character of the painting must be established in order to understand whether it is defamatory or not. There is no exact legislation in Canada that would clarify this question; therefore, it is necessary to make analogies between the internet communications and the communications made via media. Publication or dissemination to a third party is essential to proving defamation. Posting the painting online means making it available and communicating the picture’s message to everybody. This raises the following legal issue: does the internet communication fall under the provisions of the Libel and

Tuesday, February 11, 2020

Birthing Environments Essay Example | Topics and Well Written Essays - 1250 words

Birthing Environments - Essay Example The design of the birth environment has remained a great concern in the society right from the olden days when maternity hospitals were scarce and unpopular for many societies in the world. The essence of this paper is to evaluate the social and cultural aspects associated with childbirth as a normal life event and to which these aspects are integrated while designing the physical birth environment. Childbirth as an ordinary life event has a great significance in all societies of the world because it provides the society with the capacity to propagate its generations into the future. Even long before the invention of medicine, earlier generations regarded childbirth as a sensitive and attention-demanding process that required proper preparation right from the pregnancy period up to the moment of child delivery. In fact, the modern design of physical child birth environment has borrowed a lot of its features from the traditional practices. Emphasis of nursing care during childbirth to day can be perceived as an improved version of mid-wifely that was common in the past and is still persistent today in some cultures. Although medical practice has refined the childbirth process, there is still much that remains unsatisfying among many women who still feel the need for improvement of the design of the birth environment. Even with the introduction of maternity facilities in the medical sector, women are still yet to be contented with the birth environment provided in these hospital facilities (Squire, 2009). The social and cultural aspects of childbirth define the ideal environment that birthing should take place. While the older generations experienced home birth, currently a great number of women populations receives medical pregnancy care and deliver on the maternal environment. For instance, Australia recorded 0.2% home births among all women who delivered in 2004, while the rest delivered maternity care units in the country (Foureur, Leap, & Homer, 2013). Whethe r childbirth occurs at home or in the hospital, the serenity and the conduciveness of the environment during this process will determine the comfort that the woman receives while delivering. For instance, the privacy and freedom of the woman during the process are paramount and in some extent determines the ease of delivery. The environment, to some extent, determines the nature of the birth process, whether natural or caesarean. In this view, the physical environment where a woman delivers affects the ease of the process, comfort and care that are available for a woman to deliver successfully. The cultural perspective of child birth is historical and varies from society one society to another, but it is indisputable that each society accords great significance to the process. For instance, in the Hawaiian society, the birthing stones provided a physical environment for birth among Wahianas. In this society, childbirth was a process that started right from the time a woman became pr egnant and ended when the baby was delivered. The cultural significance that this society attached to the entire process emanates from equal importance that is accorded to the child that is delivered in the process. The Wahianas believed that Kukaniloko was a birth environment who those children who had a spiritual tie