Case Study Human Growth And Development Assignment Social Work Essay

Case Study Human Growth And Development Assignment Social Work Essay The aim of this case study is to use knowledge of human growth and development to critically discuss the theories a social worker might employ to assess a family and better understand their behaviour. These theories will be applied to two members of the family, Molly (13-years old) and Elsie (65-years old), and critiqued in terms of how they might assist social workers in making informed, anti-oppressive assessments. Any limitations to the theories will also be discussed. Anti-oppressive practice will underlie the critique and has been defined as a form of social work practice which addresses social divisions and structural inequalities in the work that is done with clients (users) and workers (Dominelli, 1993, p. 24). It is a person-centred approach synonymous with Rogers (1980) philosophy of person-centred practice. It is designed to empower individuals by reducing the negative effects of hierarchy, with the emphasis being on a holistic approach to assessment. Practising in an anti-oppressive way requires valuing differences in lifestyle and personal identities. By recognising the power imbalance present between social workers and clients, especially between social workers and children or oppressed older adults, theory and knowledge can be utilised to challenge oppression and discrimination (Dalrymple and Burke, 2000). How this can be achieved is demonstrated throughout this case study. MOLLY The two theories of human growth and development to be applied to Molly are Attachment Theory and Life Course Theory. Attachment Theory Attachment Theory is a psychological theory based on the premise that children require an attachment relationship with at least one consistent caregiver within their lives for normal social and emotional development (Bowlby, 1958; Ainsworth et al., 1978). For Molly, the development of an attachment figure was likely to have been compromised during her early developmental years. When she was between 1 and 7-years old, her mother was addicted to drugs and alcohol and thus was emotionally and physically unavailable (Eiden et al., 2002). Despite living with her father and paternal grandparents for a period of time, the overall insecurity within her family unit is likely to have impacted her ability to attach to others (Barrow, 2011). The possibility that Molly has developed multiple attachments also needs to be considered as Molly lives within a context of shared caregiving (Kelly and Lamb, 2000). This is where the theory is limited in its application within this family since it does not provide insight into the dynamics and implications of multiple attachments. It also fails to acknowledge the impact of losing multiple attachments (Ainsworth et al., 1978). There are a number of significant changes that have occurred in Mollys life and that involve potential attachment figures. For example, Mollys father, whom Molly remained close to even when her parents were separated, has become marginalised and distanced in an effort to avoid arguments with Mollys mother (Markiewicz, Doyle, and Brendgen, 2001). When he is at home, the tension is likely to impact the duration and quality of time spent with Molly. Marital conflict has been found to influence adolescents attachment security by reducing the effectiveness of parenting (Markiewicz, Doyle, and Brendgen, 2001). Given the family history, Molly might be fearful of her parents separating again, the extent of which cannot be underestimated (Lewinsohn et al., 2008). A recent article in the news reported on the potential long-term impact of divorce on children and their life course, including a reduction in earning potential and less stable relationships (Barrow, 2011). The implications of this a re that Molly is not only being negatively impacted in the present, but might experience a continuation of these problems into adulthood. Long-term impact cannot, however, be assumed and consideration of individual differences such as personality, resilience, coping style, and stage of development can provide the context for assessing the impact of changes in attachments. Another criticism of attachment theory is that such individual differences are not accounted for (Ainsworth et al., 1978). Molly has already lost one of her attachment figures, her grandfather, and thus loss is a reality for Molly. Mollys grandmothers behaviour is likely to have changed as she comes to terms with her own loss, and the impact that this might be having on Mollys already fragile micro-system (Bronfennbrenner, 1977) needs to be part of Mollys assessment. All of the key attachment figures in Mollys life are either emotionally or physically unavailable at present. Mollys recent problems at school might be the result of a lack of secure attachment figures. Indeed, being racially abusive towards her peers would indicate difficulty in developing attachments outside of the home, a frequently reported problem among children who do not have a secure family attachment from which to learn (Allen and Land, 1999). Furthermore, research with feral children has shown that children raised without the attention of a consistent caregiver can display anger, distress, and detachment in the short-term and aggre ssion, clinging, detachment, and psychosomatic disorders in the long-term (Siegler, 2006). Harris (1998) would argue that the theory neglects to account for Mollys developmental stage, with adolescence being a time when children are influenced more by their peers than their parents. This might especially be the case with Molly, whose dual ethnicity means she is likely to be experiencing more pressure to fit in among her peers. Evidence within the literature has shown that adolescents of dual heritage report more ethnic exploration, discrimination, and behavioural problems than those of single heritage (Ward, 2005). The level of attention Molly gains from her family during this challenging time is likely to be limited by her brothers disability, which requires extra time and effort from Mollys caregivers. This might be depleting their energies and reducing their capacity to support Molly (Opperman and Atlant, 2003). Social workers are responsible for ensuring that non-disabled siblings within a family are not overlooked (Children Act, 1989; Every Child Matters, 2003). Furth ermore, Adlers theory of birth order can alert social workers to a phenomenon termed dethronement (Leman, 2004), which describes the removal of attention from the first child to the second child. Molly could be feeling the sense of inferiority that is often associated with dethronement, a factor that cannot be explained by biological theories of human development. Life Course Theory Life Course Theory has been defined as a sequence of socially defined events and roles that the individual enacts over time (Giele and Elder, 1998, p. 22). During adolescents, Gonadotropin, Luteinising, Follicle Stimulating, and Adrenocorticotropic hormones strongly influence mood swings and extremes of emotion (Corwin, 2008), which might explain Mollys difficulty controlling her anger at school. The teenage brain is only about 80% developed, with the white matter that signals the release of these hormones increasing substantially during this time (Jensen, 2005). According to Ericksons 8 stages of human development, Molly is in stage five, which is characterised by a conflict between identity versus role confusion (Erickson, 1998). Risks to Mollys social development include poor parental supervision and discipline, family conflict (Beinart et al., 2002), and any identity conflict she might be experiencing around her dual heritage (Ward, 2005). Molly is only one-quarter Asian and thus her identity is very ambiguous as her outward appearance is only 25% Asian extraction. There is the possibility that she may resent her mother for looking Asian and that her racial abusiveness at school is transference of this anger. There is also the issue of whether Mollys mother has cultured any part of her Asian heritage onto Molly. In assessing Molly via this theory, it is important to recognise the inevitable power imbalance between a social worker and an adolescent who is in an insecure home environment and struggling with the hormonal changes that come with being a teenager (Sakamoto and Pitner, 2005). By recognising this power imbalance, the social worker can redress any imbalances by reflexivity and becoming aware of their own preconceived ideas about adolescents (Dalyrmple and Burke, 1995). It would be easy to limit the involvement of Molly in the assessment in an effort to shield her or protect her due to her young age. However, since adolescence is a time when individuals are developing their own unique identities, such action would merely act to oppress and disempower Molly. She is already experiencing a lack of control within her current environment and thus it is crucial that the assessment by the social worker does not remove further control by being based on stereotypes and assumptions. For example , the hormonal changes that impact the mood of adolescents can lead to stereotypes of the moody, anti-social teenager, with such assumptions resulting in teenagers being an oppressed group portrayed as a social problem. The additional pressure to fight this oppression and prove they are good people can make this developmental phase an even more challenging time. Additional biological factors involved in Mollys current sense of well-being might include issues around body image since this is a time when she will be making the transition from child to adult. Difficulties around relationship development and sexual attraction and orientation are all potential contributors to Mollys low mood (Levinson, 1978). One of the limitations of biological theories of adolescence, however, is whilst they facilitate an understanding of adolescent development, they do not take into account the psychological factors associated with adolescence, such as identity development and role confusion. Considering Mollys behaviours in light of psychological, social and cultural factors is important in gaining an accurate assessment of her social care needs. For example, Mollys efforts to find her own identity whilst grappling with the physiological effects of adolescence is likely to be complicated by her dual heritage, which will be strongly linked to her sense of ident ity. There is the possibility that Molly is finding it difficult to fit in with her peers or that she is being bullied at school; being racially abusive might be an unconscious effort to raise the attention of adults towards discrimination she might be experiencing. This supports psychodynamic approaches and the notion that actions and experiences are influenced by unconscious motivations (Freud, 1923). Unless Molly is treated as an individual as opposed to a homogenous member of the adolescent group, a social worker will not be able to accurately assess and understand the core issues underlying Mollys current behaviour. In turn, this will only act to further marginalise this oppressed group. Without the specialist knowledge and skills that can be gained from theories of human growth and development, it could be argued that social workers should not be allowed to work within the field of child protection (Laming, 2009). ELSIE The two theories of human growth and development to be applied to Elsie are Ecological Systems Theory and Disengagement Theory. Ecological Systems Theory Bronfenbrenners (1977) Ecological Model of human development posits that in order to understand human development, an individuals ecological system needs to be taken into consideration. This includes their microsystem (i.e. immediate relationships), mesosystem (i.e. different parts of the microsystem working together), exosystem (i.e. systems that the individual is not directly part of but that affects them), macrosystem (i.e. the larger, more distanced social world such as government and culture), and their chronosystem (i.e. a system of change). The microsystem and macrosystem are likely to be of most impact to Elsie, the former in terms of current family insecurity and the latter in terms of culture and stereotypes associated with ageing. Elsies ecological system has been continually changing for many years, especially her immediate surroundings, which are likely to have greater impact on her well-being. There has been very little environmental stability within Elsies life, at least over the last 7-years or more. She has recently lost her husband, experienced continually fluctuating environmental conditions, and is now living in a tense atmosphere due to issues within her sons marriage. Part of working with Elsie in an anti-oppressive way is to recognise the harsh realities of her current ecological system. It is also important to note that, childrens behaviour and personality can also affect the behaviour of adults; Elsies behaviour and sense of well-being might be negatively affected by her granddaughters struggle through adolescence and her grandsons disability. Taking into consideration Elsies ecological system highlights the importance of not making assumptions that Elsies increased forgetting is a sign of dement ia; her symptoms might be the result of stress within her environment. Despite the relevance of this theory to understanding Elsies situation, the critique does highlight limitations in its operationalisation (Wakefield, 1996). In particular, since past experiences and future anticipations are likely to impact Elsies current well-being, lack of inclusion of this element of human growth and development within the Ecological Model is a serious limitation in terms of assessing Elsie. For example, Elsies social systems today are extremely different to when she was younger. Indeed, Elsie has lived through two world wars, which is likely to have impacted her perceptions of herself and her social world. Another limitation to the theory its emphasis on adaptation, which it has been argued can be used to encourage individuals to accept oppressive circumstances (Coady and Lehman, 2008). Social workers using this theory in their assessments ideally need to be aware that oppression and injustice are part of the environment that needs to be considered in an ecological analysis. With this consideration, the theory offers social workers a way of thinking about and assessing Elsie holistically, within her environment and social context. The most drastic change in Elsies ecological system is the death of her husband. The possibility that Elsie is struggling with the bereavement of her husband needs to be taken very seriously. Elsies current cognitive problems might be reflective of depression associated with one of the purported stages of bereavement (Kubler-Ross, 1989). This is often characterised by feelings of guilt, lack of purpose in life, and a sense of loss. The threat of losing even more in her life, such as her role as caregiver to her grandchildren might be exacerbating the depression and any feelings of lack of purpose. The current tension within the family might also be raising concerns about losing the family, which is her primary source of support. Such fears are likely to hinder Elsie reaching a period of restoration orientation, where she can focus on building a future without her husband (Worden, 2003). Being a widow means that Elsie is likely to have a unique sense of the contribution that being in a relationship or being alone has to personal identity; this might be strengthening any concerns she has about losing other relationships within her ecological system. This sense of self in later life has been referred to as the mature imagination by Biggs (1999). If Ericksons theory of life stages were to be utilised by the social worker, they would understand that this search for identity is a very important time for Elsie and could lead to either integration or despair (Erickson, 1998). An understanding of demands and resources is important when working from the ecological perspective, an understanding which the theory itself lacks to emphasise (Coady and Lehman, 2008). For Elsie, demands within her life include coping with the loss of her husband, being responsible for collecting Mason from school, and dealing with any concerns she might have about her sons marital problems. Elsie is also likely to be worried about her forgetfulness, perhaps attributing it to signs of dementia, which is frequently perceived as an inevitable part of the ageing process (ref). In terms of resources, Elsie does not have the support of her family as they are preoccupied with their own problems. Elsies demands drastically outweigh her resources, making it particularly important that social workers consider the disempowerment that Elsie is currently experiencing. Reflexivity is essential in ensuring that Elsie is assessed not based on preconceived ideas about older people, but on the real ity of her difficult social circumstances (Dalrymple and Burke, 1995). Social Disengagement Theory Social Disengagement Theory has been described by Cumming and Henry (1961) as an inevitable mutual withdrawal . . . resulting in decreased interaction between the ageing person and others in the social systems he belongs to (p. 227). It could be argued that Elsie is preparing to disengage via the manifestation of memory problems that impact her ability to collect Mason from school and which has caused tension between the family. On the other hand, this cannot be assumed as this risks encouraging unwanted disengagement or creating a sense of obligation to disengage. If Elsie starts to feel like a burden, she might choose to disengage in order to prevent the tension she is witnessing before her. This illustrates how old age is just as much a social construction as a biological process (Estes et al., 1982). In order to work in an anti-oppressive way, social workers need to be aware that Elsie might be experiencing a sense of obligation to disengage rather than a biological need to disen gage. Whilst her forgetfulness might be a step towards disengagement, it could just as equally be the result of a self-fulfilling prophecy resulting from stereotypes of old age. Equally, it could be the signs of dementia, with cognitive functioning likely to decline rapidly if it is a sign of Alzheimers disease (Teri et al., 1995). Again, this cannot be assumed, however, as despite being seen as a natural consequence of ageing, only a minority of people develop the condition (Stuart-Hamilton, 2006). A key concern with disengagement theory is that there needs to be a move away from viewing older people as an homogenous group characterised by passivity, failing health, and dependency (Leontev, 1978). Placing Elsie within a category of older people would be oppressive and would ignore Elsies individuality, including her own personal wants and needs in terms of engaging or disengaging from society. It might be that Elsie is ready to take a step back from the responsibility of collecting her grandson from school, hence the manifestation of forgetfulness. On the other hand, it might be that Elsies identity and sense of well-being rely on the joy she gets from collecting him from school. The latter is likely if Elsies past is taken into consideration. Elsie lived through two world wars, and in order to maintain continuity of personality (Atchley, 1989), it is plausible that Elsies sense of worth is based on hard work, productivity, and social contribution. The notion of continuity of p ersonality has been supported within the literature (Reichard et al., 1962; Haan, 1986). The theory is also limited in that it does not examine sociocultural differences. In the case of Elsie, whilst she might no longer be working and she no longer has the role of wife, a social role has been established for her (Hochschild, 1976) primarily as a support to her family, whether that be collecting her grandson from school or providing financial and emotional support them. This is supported by Activity Theory (Neugarten, 1977), which posits that a healthier approach to older age is to be active and socially engaged by replacing roles from earlier in the life trajectory with alternatives, which is exactly what Elsie has attempted to do. Activity theory is supported by the finding in several studies that active older adults show higher levels of life satisfaction and morale (Boyd and Bee, 2006). Furthermore, Activity Theory is by its very nature anti-oppressive in that promotes positive images and involvement and places a value on participation and relationships (Dalrymple an d Burke, 1995). This highlights the importance of being mindful of the fact that, frequently, individuals who lose their partner in later life do not tend to start dating or looking for another partner. Elise could still have another 25-years to live, but is disengaging herself from the role of lover or wife by burying herself in her family. To utilise disengagement theory within Elsies assessment risks being ageist and making assumptions based on her age. This in turn could result in Elsie becoming socialised and disengaging from society. This is also in line with Social Exchange Theory, which posits that social life is structured around reciprocal exchange and that disengagement from society or relationships is brought about by inequalities in the exchanges available to older people (Dowd, 1980; Nelson, 2000; Hendricks, 2004). Social workers can help establish any power imbalances between an older person and their social networks by acting as an advocate and thus actively preventing further oppression (Nelson, 2000). This involves not treating older people as children by using what the Americans have termed elderspeak (i.e. calling older people dear or sweetie), which can be perceived as patronising and disrespectful (Wigmore, 2008). Such practice also acts to create a power divide, where the older person is infantilis ed and treated as a dependent person. This can be discriminative in that it is a demeaning exercise of power (Thompson, 1997). Conclusion Family relationships are complex and effective support for individual members requires the utilisation of theory and knowledge pertaining to human growth and development. Evidence-based practice via the use of theories within social work is demonstrative of best practice, especially within a social world of continually changing contexts and social norms (Fook et al., 2000; Smith, 2004); however, flexibility and an eclectic approach need to run alongside established knowledge if discrimination is to be prevented. Theory needs to be embedded in practice so that social workers continually strive to develop the theory inductively via reflexivity and the challenging of personal thoughts and feelings that might create a power imbalance (Argyris and Schon, 1974). Social workers are a powerful social group whose practice can maintain discrimination if they do not remain aware of personal and social prejudices (Payne, 1997). Working according to Thompsons (1997) PCS framework can facilitate a nti-oppressive practice, whereby assessment of a family such as this one comprises an awareness of personal, psychological, practice and prejudice (P), values and norms that are internalised through socialisation via, consensus and conformity (C), and a socio-political understanding that discrimination is part of society (S). This framework is especially important when working with vulnerable adults and children such as Elsie and Molly.

Foreign Affairs :: essays research papers fc

  Ã‚  Ã‚  Ã‚  Ã‚  With the beginning of a seemingly endless war on terrorism, and a shaky United States economy, now hardly seems the time to examine our general policy towards all other nations, and developing nations in particular. The wreckage of the World Trade Center is still smoldering, and our troops are marching on Kabul as I write. Nationalism is at a height only previously experienced during the World Wars. Every other car you see on the highway has â€Å"Old Glory† proudly flying in their window or on their antenna, some right next to their Rebel Flag. On the surface it appears the United States has pulled together for one more righteous cause, and evil, or those that oppose the US as they are commonly called, will surely fall. We won’t stand for innocent attacks on civilians, and those damned Afghanis and Osama bin Laden had better hide. If you don’t believe this, not only are you un-American, but you must be a damn terrorist yourself. Quietly, howe ver, the argument is being made among scholars and free thinkers in the United States that perhaps we are not the innocent victims we portray ourselves to be in the September 11, 2001 destruction of the World Trade Center. Some forward thinking minds even predicted a tragedy somewhat like this, albeit not on such a large scale. Unenlightened people ask why something like this could or would occur. What would make such a poor and unstable country like Afghanistan decides to stand up to the almighty United States? The answer is not an easy one, and requires a large adjustment in what we expect in foreign relations, and how we see and treat the rest of the world as a whole. The United States is one of the last remaining super powers of the world, and we have the obligation to maintain and support good relations with the smaller and weaker nations throughout the world. We should take full advantage of this relationship in several different ways, all without exploiting the original peopl es or our own power. First the U.S. must focus on investing and trading with those nations who have yet to become economic powers. Second, we must implement a consistent foreign policy towards the Middle Eastern nations, and all third world nations in general. Third, the United States needs to respect the attempts and results of the democratization and religious revivals in the Middle East and Latin America, while taking a passive role in letting the a Western type of democracy take its course.

An Ironic Editorial Cartoon Essay

â€Å"Let’s hope the asteroid’s impact is confined to the subprime mortgage area. † These are the words spoken among several dinosaurs as a large asteroid is headed towards earth. Or, more accurately, they are the words of the dinosaurs within the frame of Tim Toles’ biting editorial cartoon. Upon first viewing, the cartoon does provoke immediate laughter. Then, when you stop to let the themes of the cartoon sink in you realize that the humor is quite dark and ominous and, more importantly, it is quite accurate. For those not familiar with the symbolism, there is an unproven theory that asserts dinosaurs may have been rendered extinct due to an asteroid hitting the earth. The reason all dinosaurs were rendered extinct was due to the asteroid having a significant change on the earth’s climate and environment. That is, the asteroid possessed a ripple effect that went far beyond the exact area where the asteroid landed. The symbolism presented here ties in with the subprime mortgage crisis in a manner that is both obvious and outright chilling. The weight of the claims presented in the argument makes logical sense. It simply infers that economic problems will have a major ripple effect. That is, the economic woes of those affected by the subprime crisis will carry over into other aspects of the economy. As a result, even those who may previously have had nothing to do with the subprime crisis will be negatively impacted. (In essence, the intended audience is the entire population of the nation) After all, we are all plugged into the same economy. If one area is hurting, it will invariably drag down others. This is clearly an interpretation based on implication and the claim is obviously apparent in the words used. And, yes, such assumptions are warranted as by the time the cartoon appeared the ripple effect of the crisis has lead to a huge federal bailout This is not a notion that is arrived at on the basis of speculation and alarmism. It is based on simple math and the law of cause and effect. If someone’s home suffers from a foreclosure then the individual will find himself in an extremely disadvantageous financial position. Clearly, such an individual would have to make numerous â€Å"cut backs† on purchasing decisions and this means less money will flow into the economy. Such actions have negative effects on profits in various companies and hurt stock values. If stock values are reduced then the net worth of investors (many of which rely on their investment during their retirement years) will reduce. Then, there is also the huge problem of massive foreclosures over-saturating the real estate market. This has the negative effect of ruining equity on real estate throughout the nation. Further problems arise as the economy declines and credit dries up. This can lead to â€Å"bank runs† where customers opt to pull money out of their banks for fear they may lose their savings if the bank goes under. So, yes, just like the horrible ripple effect the asteroid had on the dinosaurs, the subprime crisis is one that affects the whole world as opposed to any one, single contained area. Of course, prior to the asteroid landing, the dinosaurs had no idea how serious the problem would be. They saw it coming but did not expect it to possess such a ripple effect. The dinosaur’s predicament is woefully similar to the predicament facing the economic landscape now that the subprime crisis has reeled out of control. As such, this cartoon is serious call to action and it is made with the intended goal of motivating the public to be ready for the serious ramifications of the subprime crisis. Now, when it comes to the ability to critique the effectiveness of the cartoon we must look at the sum of its parts. Particularly, is imagery also needed to effectively convey the information presented in the cartoon? Of course, it is possible to convey the same information and sentiment. Granted, the words in the cartoon would obviously have to be expanded upon in order to provide the proper context to make sense. However, the biting humor of the cartoon would needlessly be eliminated and replaced by exposition and explanation.. Such an approach would work quite effectively but it would not possess the same power of the cartoon. That is, the cartoon works on a number of levels because it combines visual imagery with ironic wording. In terms of the specific words within the cartoon, however, the presence of the words without the imagery would make little sense since they would be out of context without the presence of the dinosaurs. Now, if one were to keep the image and remove the wording the end result would be disastrous. A visual image of dinosaurs looking up at the sky and seeing an asteroid would convey the concept that an asteroid may have killed them, but it does nothing to promote the ironic notion that the subprime mortgage crisis can cause a similar ripple effect. In short, the value of the cartoon is basically worthless without the presence of the ironic wording. After all, if you were to remove the words from the cartoon would you be able to guess that its subject matter involves the subprime crisis? In all likelihood, making any connection between the dinosaurs and the subprime crisis would be impossible without the appropriate wording. This is neither a good thing nor a bad thing. It is simply an honest assessment of the limitations of the cartoon’s visual imagery. But does it work? It depends. It is odd however, that irony is used as a means of promoting the argument style of persuasion. In a way, the cartoon heralds more than it seeks to persuade. So, really, its goal is not so much to be persuasive since it does not seek to promote a point to the doubting as much as it is a statement of fact. While a statement of fact can persuade some, such a statement is not automatically persuasive. For those who are logic and rational, however, it will have a stronger resonance that mixes pathos with logos. That is, it mixes humorous irony with obviously true facts. In the final analysis, it is safe to say that this particular editorial cartoon is brilliant. It mixes words and images together in an ironic and informative matter that stresses the gravity of the subprime crisis. Of course, the words and images do this well in combination. Separately, they would lack the effectiveness they possess as a tandem. Bibliography Toles, Tom. (2008) â€Å"Unnamed Cartoon†. THE WASHINGTON POST. Retrieved October 5, 2008 from http://www. washingtonpost. com/ wp-dyn/content/opinions/cartoonsandvideos/

Essay on Trade Marks (Key Notes)

Essay on Trade Marks (Key Notes) Essay on Trade Marks (Key Notes) The distinction between trademark infringement and unfair competition was that trademark infringement involved the imitation of distinct product identifiers, whereas in the case of unfair competition the imitated features were descriptive aspects of the product that served as an origin identifiers only because the public had come to associate them with a single source for the goods in question. McCarthy (2004) noted that during the twentieth century the element of intent gradually decreased in importance, and the concern for avoiding consumer confusion became paramount. Likelihood of confusion The key inquiry is whether the D’s false or misleading representation as to the origin of goods or services is likely to confuse the consuming public. The likelihood-of-confusion test inquires whether â€Å"an appreciable number of ordinarily prudent consumers† are likely to be misled or confused into believing that the junior’s product or service either originated with the senior user, or had some connection to the senior user. The consumer is not necessarily assumed to be highly intelligent, or to exercise high degree of care in purchasing decisions, but to posses those characteristics that are typical of buyers for the particular goods or services at issue. See the case of Volkswagen v Tatum â€Å"is not that of a careful and discriminating purchaser, but that of an ordinary and casual buyer, or perhaps even an ignorant, inexperienced and gullible purchaser†. See also Stork v Sahati and Coca-Cola v Snow Crest Beverages. Confus ion must be probable, not merely possible! (See A&H Sportswear v Victoria’s Secret Stores). As noted in Estee Lauder v Gap (1997) â€Å"the test is not whether confusion is possible, nor is it whether confusion is probable among customers who are not knowledgeable. Rather, the test is whether confusion is probable among numerous customers who are ordinarily prudent†. Factors: 1) Similarity of Marks 2) Strength of Plaintiff’s Mark – refers to its distinctiveness; In general, the stronger the plaintiff’s mark, the greater the likelihood of confusion 3) Consumer sophistication - More sophisticated consumers are presumed to be less easily confused than consumers who are less sophisticated, because they are presumed to have greater powers of discrimination, and thus exercise a higher degree of care, in making their purchasing decisions (Virgin Enters v Nawab). The courts consider the sophistication of the typical consumer who would encounter the junior user’s product or service. The average educational level of the relevant consumers can also be an important indicator of sophistication. 4) Actual confusion – it is difficult or impossible to demonstrate 5) Bridging the Gap – this factor considers whether the senior user is likely to expand into the junior user’s market; applies to geographic markets as well as product markets. 6) The D’s good faith – whether the junior user adopted its mark â€Å"with the intention of capitalizing on plaintiff’s reputation and goodwill and any confusion between the junior user’s and the senior user’s goods or services (see Pharmaceutical Co v Gillette Co). Bad faith may also be inferred from a junior user’s continued use of a mark after being notified of the senior user’s objections (see Mobil Oil Corp. v Pegasus and Kodak v Rakow). Passing off – it may be defined as a misrepresentation in the course of trade by one trader which damages the goodwill of another. It is a common law of tort, and its origin lie in the tort of deception. It has developed on a case-by-case basis and different factual situations have led to the expansion of the law. As Lord Oliver observed in Reckitt & Colman Products v Borden, the â€Å"Jif Lemon† case: â€Å"this is not a branch of the law in which reference to other cases is of any real assistance except analogically†. It is generally accepted that the modern law of passing off was first defined by Lord Parker in Spalding

Free Essays on The Puritan Dilemma

In The Puritan Dilemma we discover Edmund S. Morgan’s views of what Puritanism is and how John Winthrop dealt with the dilemma of being a puritan. Morgan describes that â€Å"Puritanism required that a man devote his life to seeking salvation but told him he was helpless to do anything but evil. Puritanism required that he rest his whole hope in Christ but taught him that Christ would utterly reject him unless before he was born God had foreordained his salvation. Puritanism required that man refrain from sin but told him he would sin anyhow. Puritanism required that he reform the world in he image of God’s holy kingdom but taught him that evil of the world was incurable and inevitable. Puritanism required that he work to the best of his ability at whatever task was set before him and partake of good things that God had filled the world with, but told him he must enjoy his work and his pleasures only, as it were absentmindedly, with his attention fixed on God.â⠂¬  (Morgan p5.) ! Morgan continues to describes a puritan’s belief as â€Å"existing by virtue of a covenant with God, an agreement whereby they promised to abide by His laws, and He in turn agreed to treat them well† (p15.) John Winthrop caught the fever of Puritanism at college and for him the dilemma of living in the world without taking his mind off God was the hardest for him. Winthrop would have much rather been a monk or hermit, but that was not permitted Puritans must live in the world not leaving it. In Winthrop’s life he faces many dilemma’s which all have to do with the problem of living in the world without leaving it. The major dilemma’s are if Winthrop should leave England to go to the New World with the Massachusetts Bay Company and the problem of separatism and dissent in Massachusetts. Winthrop is first faced the problem of leaving England. Winthrop is offered to go to the New World with the Massachusetts Bay Company as a governor. Wint... Free Essays on The Puritan Dilemma Free Essays on The Puritan Dilemma In The Puritan Dilemma we discover Edmund S. Morgan’s views of what Puritanism is and how John Winthrop dealt with the dilemma of being a puritan. Morgan describes that â€Å"Puritanism required that a man devote his life to seeking salvation but told him he was helpless to do anything but evil. Puritanism required that he rest his whole hope in Christ but taught him that Christ would utterly reject him unless before he was born God had foreordained his salvation. Puritanism required that man refrain from sin but told him he would sin anyhow. Puritanism required that he reform the world in he image of God’s holy kingdom but taught him that evil of the world was incurable and inevitable. Puritanism required that he work to the best of his ability at whatever task was set before him and partake of good things that God had filled the world with, but told him he must enjoy his work and his pleasures only, as it were absentmindedly, with his attention fixed on God.â⠂¬  (Morgan p5.) ! Morgan continues to describes a puritan’s belief as â€Å"existing by virtue of a covenant with God, an agreement whereby they promised to abide by His laws, and He in turn agreed to treat them well† (p15.) John Winthrop caught the fever of Puritanism at college and for him the dilemma of living in the world without taking his mind off God was the hardest for him. Winthrop would have much rather been a monk or hermit, but that was not permitted Puritans must live in the world not leaving it. In Winthrop’s life he faces many dilemma’s which all have to do with the problem of living in the world without leaving it. The major dilemma’s are if Winthrop should leave England to go to the New World with the Massachusetts Bay Company and the problem of separatism and dissent in Massachusetts. Winthrop is first faced the problem of leaving England. Winthrop is offered to go to the New World with the Massachusetts Bay Company as a governor. Wint...

Internation study-proposal Essay Example | Topics and Well Written Essays - 250 words

Internation study-proposal - Essay Example Globalization leads to increased government lending by developed nations and hence the country is able to start and complete economic projects. Access to funds improves various government aspects such as education, healthcare and social services. Globalization reduces poverty since people are employed and have access to better education. Expansion of some companies to developed nations brings resources necessary to develop new industries and in the end local industries grow more. On the other hand, globalization also has negative effects to developing nations. According to Brown and Lauder, globalization limits the expansion of industries in developing nations (Brown and Hugh 14). Globalization leads to unfair competition that brings down local companies in developing nations. Fallen companies in turn leads to an imbalance between exports and imports and hence such countries develop at a slower rate. Globalization leads to export of knowledge such that the developing nations have no skilled labor for their industries (Kose 208). The salaries in developing nations are low as compared to developed nations. Since globalization allows for movement of labor, most people tend to leave the undeveloped countries and go to developed nations to seek for employment. This hampers industrial and economic growth of many developing

World history and american history Assignment Example | Topics and Well Written Essays - 500 words

World history and american history - Assignment Example They emerged around 900 BCE. They had a long lasting culture in Peru, for about 100 years. They contributed artefact like the cast bronze artwork that spread around Peru. They used bronze for artwork and not for making weapons. The Chavan never lasted for a longer period as the Olmec (Rosenswig, Robert 167) The Operation was developed by the U.S government to transport the Vietnamese orphans out of the war-torn country. The first flight was to leave Saigon on 4th April 1974. During the last days of the war, the United States began boarding the Vietnamese children into the military transport. The aim was to let the children adopted by American, European, Canadian and Australian families. The first plane crashed and killed approximately 138 Vietnam children. Other children, transported by McDonald and other volunteers, succeeded to reach the destination safely (Wise, Phillip 223). The mechanics or logistics of the operation was by the airlifting of the children who were believed to be orphans. The process was through a seated cargo plane. Inside the plane, the children sat in small cardboard boxes lined with blankets (Wise, Phillip 251). The plane had caretakers with volunteers inside. Babylift operation was seen as the last desperate attempt to get sympathy for the war. As the war was towards its end, food became inadequate, and gasoline became very expensive as one moved towards the north. Therefore, the children’s lives were at risk. So they had to be taken to America so as to seek help. The outcome of the operation was successful to some level. The first plane that left Saigon crashed several minutes after its takeoff and killed 138 people, most of which included the children. Despite the crash, the operation managed to remove more than 3300 children out of Vietnam. It appeared that most of the children had families and were not orphans. The rumors were that most of the children’s parents got desperate to