The David-And-Goliath-esque Problematic of “Unfair Advantage” in Trade Mark Law: Is the EU Moving Towards a Categorical Protection of Famous Brands?

The extended protection of trade marks with a reputation is losing its “exceptional” character, making way for an almost categorical bar to the registration of any competing sign; indeed, the “unfair advantage” requirement appears to have been confounded with that of similarity. Certainly, trade marks are recognized as a legitimate restriction of the freedom of commerce and, arguably, in principle, competitors can and should invest their own efforts into conceiving and promoting an original sign under which they can market their goods and services. Nevertheless, trade mark law, insofar as it protects the investment function of a reputed mark, does not for as much shield the proprietor from all competition, even if this means that he must work harder in order to preserve this reputation. Indeed, the use of a similar sign is sometimes deemed to be ineluctable, where the applicant demonstrates that he cannot reasonably be required to abstain from using such a sign as, for example, it would be made necessary for the marketing of his products. This is especially true where the sign makes use of descriptive terms or elements in order to indicate the type of goods or services offered by the applicant under the mark applied for. This paper aims to critically discuss the most recent EU and UK jurisprudence on “unfair advantage” in the context of trade mark registration and infringement, focussing primarily on the components of this EU creation and how they are interpreted by courts on both a national and EU level.

Regional asymmetries in ocean heat and carbon storage due to dynamic redistribution in climate model projections

Projected changes in ocean heat and carbon storage are assessed in terms of the added and redistributed tracer using a transport-based framework, which is applied to an idealised climate model and a suite of 6 CMIP5 Earth system models following an annual 1% rise in atmospheric CO2. Heat and carbon budgets for the added and redistributed tracer are used to explain opposing regional patterns in the storage of ocean heat and carbon anomalies, such as in the tropics and subpolar North Atlantic, and the relatively-reduced storage within the Southern Ocean. Here the added tracer takes account of the net tracer source and the advection of the added tracer by the circulation, while the redistributed tracer takes account of the time-varying circulation advecting the pre-industrial tracer distribution. The added heat and carbon often have a similar sign to each other with the net source usually acting to supply tracer. In contrast, the redistributed heat and carbon consistently have an opposing sign to each other due to the opposing gradients in the pre-industrial temperature and carbon. These different signs in heat and carbon redistribution can lead to regional asymmetries in the climate-driven changes in ocean heat and carbon storage. For a weakening in the Atlantic overturning and strengthening in the Southern Ocean residual circulation, the high latitudes are expected to have heat anomalies of variable sign and carbon anomalies of a consistently positive sign, since added and redistributed tracers are opposing in sign for heat and the same sign for carbon there.

Abdominal Splenosis Mimicking a Colon Tumour

Splenosis is a benign condition which results from the self-implantation of splenic tissue on intra or extraperitoneal surfaces, after splenic trauma or splenectomy. Patients are usually asymptomatic but may present with varied symptoms related to the implantation site. The diagnosis is a challenge because abdominal splenosis can mimic several diseases, including neoplasm. The gold standard examination for its diagnosis is scintigraphy with 99mTc-labelled heat-denatured erythrocyte. When splenosis is found in an asymptomatic patient, surgical removal is not indicated. A 57-year-old male patient presented with sporadic epigastric pain and a suspected mass in the recto-sigmoid transition. Abdominal ultrasound, CT and MRI identified this mass, its characteristics and location, but failed to distinguish its nature. However, given the patient’s past history of splenectomy and because the mass showed a similar sign to that of the splenic parenchyma, a hypothesis of abdominal splenosis was raised, which was confirmed by scintigraphy with 99mTc-labelled heat-denatured erythrocyte. In this case, the diagnosis was obtained before the patient was subjected to more invasive procedures, which are associated with high morbidity, and, as in most cases, no targeted intervention was necessary.

Formation of speech culture of primary schoolchildren by means of speech metaphoricity

Modern education and upbringing is characterized by qualitatively new requirements imposed by educational standards, not only for the content of the educational process, but also for the development of students’ personal qualities. The implementation of these requirements occurs in the process of improving the speech culture of primary schoolchildren. Thus, the development of speech culture of students in general and its expressiveness, in particular, is becoming one of the urgent problems of modern language education. One of the means of forming the expressiveness of speech is its metaphor. The mastery of the metaphor by primary schoolchildren as a way of transferring the name of one object to another with any similar sign develops their imaginative thinking, expands their vocabulary, develops the ability to select words, makes speech more spatial and fulfilling. The relevance of the article is determined by the need to form the speech culture of primary school children on the basis of the metaphorical nature of speech and the lack of undeveloped relevant scientifically grounded learning systems that make it possible to put this provision into practice. The purpose of the article is to determine some theoretical provisions of the problem and to present a methodological system for the formation of the speech culture of primary schoolchildren on the basis of the metaphorical nature of speech. The research methods used are theoretical analysis, analysis of the products of students’ activity, fixation of the educational process, pedagogical experiment. The authors presented the following provisions: the concepts of «speech culture», «expressiveness of speech», «metaphor» have been clarified; the indicators of the formation of skills in the field of metaphorical speech in junior schoolchildren have been determined, a methodological system for the formation of speech culture based on the metaphoricity of speech has been developed, the effectiveness of the proposed methodological system has been experimentally proved. The conclusions: the problem of improving the speech culture of students and, in particular, its expressiveness on the basis of metaphor is quite wide and diverse. Knowledge in the field of metaphorical speech helps younger students to achieve a higher level of development of speech culture.

Efficacy of Virechana Karma Along with Shaman Yoga in Ekakushtha W.S.R. Psoriasis: A Single Case Study

Skin is vital organ of human body. It is the largest organ of the integumentary system guards the underlying muscles, bones, ligaments and internal organs, seat of complexion, conscientious for ones personality, which maintains beauty, provides identity in society, envelopes internal vital organs, protect us from exterior invasion. In Ayurveda almost all skin disorder are explained under Kustha Rogadhikara. Ekakustha is a type of Kshudra Kustha. It is Vata Kaphaj disorder. It can be correlated with psoriasis both of these have similar sign and symptomatology. Psoriasis is long lasting autoimmune inflammatory papulosquamous disorder characterized by patches of abnormal skin. These skin patches are typically red, itchy and scaly. Its symptoms often worsen during winter and with certain medication, such as beta blockers etc. Psychological stress can also play a role in manifestation of psoriasis. Both males and females are equally affected by this disease. Approximately 1-2% of World’s total population is affected by psoriasis. Due to its chronic recurrent nature. It is a challenge to treat this disease. In Ayurveda both Shodhan and Shaman Chikitsa are mentioned for Kushtha. In this case study first Deepan-pachan then Virechana as Shodhan Chikitsa and Shaman yoga were given, which showed good result in Ekakushtha.

Efficacy of Topical Cyclosporine 0.05% the Treatment of Vernal Keratoconjunctivitis

Introduction: Vernal Keratoconjunctivitis is a chronic bilateral seasonally exacerbated allergy affecting the conjunctiva and cornea of children. As technology has advanced, newer medications have been developed for the control of the disease. Purpose: To assess the effectiveness of an immunomodulator, cyclosporine, in the treatment of vernal keratoconjunctivitis. Materials and methods: Fifty patients of moderate, severe to very severe vernal keratoconjunctivitis were selected for the study. They were given cyclosporine 0.05% eye drops in loading dose followed by gradual tapering. Symptoms and signs were recorded at presentation, after two weeks, after four weeks, after two months and after three months. Results: Vernal keratoconjunctivitis, being a chronic disease showed marked improvement with immunomodulator therapy. There was significant improvement in the symptom and sign score initially, at the first follow up itself with symptom score reduction from median of mean of 2.4 to 0.6 (p=0.00) and a similar sign score reduction from 1.75 to 0.625 (p=0.00). There was gradually more improvement as therapy continued and the beneficial effects were maintained till the end point of the study at three months where median of mean symptom score was 0.4 (p=0.00) and similar sign score of 0.375 (p= 0.000). Conclusion: Topical cyclosporine proved to be an effective and safe treatment strategy to treat cases of moderate, severe and very severe vernal keratoconjunctivitis.

Conceptual study of Panchakarma therapy as preventive therapy for COVID-19 W.S.R. to Rajayakshma

In Ayurveda disease are mainly classified into two types i. e. Nija and Agantuka. Covid 19 is fatal respiratory disease caused by Novel Corona virus is declared as epidemic with higher mortality rate. Rajayakshma one of the Aupasargika vyadhi caused by various Hetus, leads toOjokshaya has similar sign and symptoms of covid 19. Panchakarma therapy has curative aspect as well as preventive for many disease by improving immunity. So, the Panchakarma mentioned in Rajayakshma may be used as preventive measure for Covid 19. As there is no confirmed treatment available, it will helpful in treatment of Covid 19. From classical text references further clinical researches in this area would be helpful.

Translanguaging in Yucatec Maya signing communities

This article looks at translanguaging practices in four Yucatec Maya communities with a high incidence of deafness in the peninsula of Yucatán, Mexico. Deaf and hearing community members draw from a broad spectrum of semiotic resources to interact with each other and with people from other villages in the region: they sign with different degrees of fluency, speak Yucatec Maya and/or Spanish, gesture, draw, point and incorporate objects in their physical surroundings. Human beings have a general tendency to communicate between and beyond different languages and modalities and to creatively adapt their semiotic repertoires to each other to negotiate meaning. On top of that, I show that sociolinguistic and cultural features of Yucatec Maya communities scaffold translanguaging practices. The rich inventory of conventional co-speech gestures of Yucatec Maya speakers, positive attitudes towards deafness and signed language and a critical amount of shared cultural knowledge facilitate communication between deaf and hearing and contribute to the emergence of similar sign languages in historically unrelated communities. The investigation of Yucatec Maya signing communities through a translanguaging lens allows us to critically deconstruct existing classifications of sign languages and varieties. Yucatec Maya Sign Languages are portrayed as a multi-layered network of different villages, families, generations and overlapping deaf and hearing spaces, where translanguaging takes place.

On the scope of protection of renowned trade marks

The aim of this paper is to define the scope of protection afforded to ‘marks with reputation’ under EU Directives and Regulations. The authors argue that the protection granted to said marks also in relation to ‘not similar’ goods requires that, having regard to all the circumstances of the specific case, the consumer could be induced to reasonably suppose that the trade mark owner is somehow (industrially or commercially) connected with the circulation of products bearing an identical or confusingly similar sign. If this possibility cannot be assessed, it should be denied that the use of that sign either brings an unfair advantage to the third party user, or is detrimental to the distinctive character or the repute of the renowned trade mark. In sum, the thesis here submitted states that the protection afforded to renowned trade marks, even ‘extra moenia’ (ie beyond the risk of confusion in a strict sense between the products), anyway presupposes that a misleading message is conveyed to the consumer, inducing her/him to ‘transfer’ the reputation of the latter's products to those of the third party user's products, with the effect of altering the consumer's purchasing choices.

Spatial composition as intersemiotic translation: The journey of a pattern through time from a translation semiotics theory perspective

In this paper I examine cases where spatial composition produces intersemiotic translations for artistic and advertising purposes in a period where globalization permits and profits by the intertextual evoking of cultural texts. Thus globalization gives us the chance to promote new messages that contribute, in their turn, to a series of cultural interpretations that enrich the forms of modern communication. Accepting one of the basic theses of Translation Semiotics that intersemiotic translation or transmutation may occur among nonverbal sign systems, I will be examining cases of intersemiotic (intericonic) translations having as source texts artistic texts. My basic conclusion is that in these intersemiotic translations the source text although absent, is always present due to world cultural memory. Furthermore, the repetitiveness in the use of these old and well-known original texts, and their inscription in the collective memory as high cultural value texts, seems to affect the fact that they have been chosen as texts capable of being transmuted. Finally, I argue that translation can also be understood as a re-narration of cultural knowledge using different signs but on the same or similar sign space.