District Court or Circuit Court Essay Example | Topics and Well Written Essays - 500 words

District Court or Circuit Court - Essay Example Falwell. However, it should be noted that Rev. Falwell had brought a complaint alleging that Mr. Lamparello was guilty of trademark infringement, which Rev. Falwell alleged was intellectual property that protected his website, as he had at least one registered trademark, even though it was not on the domain name www.falwell.com or www.fallwell.com (Atkinson, Sorkin, & Gold 2003). Rev. Falwell also stated that he had legal rights in the name â€Å"Falwell† which included â€Å"Listen America with Jerry Falwell†, a popular show, as well as a pending trademark on the name â€Å"Jerry Falwell†. He therefore requested relief in the form of www.fallwell.com being transferred from Mr. Lamparello to his ministries and control, on the grounds of trademark infringement, false designation of origin, unfair competition, and cybersquatting (Atkinson et. al. 2003). Mr. Lamparello filed suit in the Eastern District Court of Virginia, accusing Rev. Falwell and his ministry of Reverse Domain Name Hijacking in violation of the Anticybersquatting Protection Act (Lamparello v. Falwell, 2004). This suit was filed in accordance with the Uniform Domain Name Dispute-Resolution Policy, commonly known as UDRP, which states that â€Å"most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration† (Internet corporation for, 2011). The District Court ruled in favor of the defendant, finding that there was a likelihood of confusion based on the â€Å"distinctive and strong† presence of the Defendant’s trademark. The District Court also found trademark infringement was evident as the Defendant was able to prove that he did, indeed, have a registered trademark, and he had used that trademark. The appeals court, however, overturned the findings, stating that there was no trademark infringement or false designation of origin since Mr. Lamparello did not intend to make money from his website, and used it only for

Economics Essay Example | Topics and Well Written Essays - 1250 words - 17

Economics - Essay Example st be unfeasible to break the overall stock exchange market through market timing or expert stock selection, and the only solution to an investor for obtaining higher returns is by buying riskier investments. Efficient Market Hypothesis is divided into three types. These are strong, semi strong and weak. The weak Efficient Market Hypothesis theory says that prices on assets traded such as bonds, stocks, or property already show all past available information for public. The semi-strong Efficient Market Hypothesis states that prices in addition to reflecting publicly available past information also shows that prices constantly change to show new publicly available information. However, the strong Effective Market Hypothesis says that in addition to the above two types of information, prices also show â€Å"insider† information or hidden truths. Although Efficient Market Hypothesis is the foundation of the financial theory today, it is doubtful and highly uncertain. A large number of educational institutions are in favor of Efficient Market Hypothesis but an equivalent number of people are against it. For instance, Warren Buffet, an investor, has been beating the market for quite a long time now which is almost impracticable according to the theory of Efficient Market Hypothesis. Critics of the Efficient Market Hypothesis also draw our attention towards the event of 1987 and many as such when the stock price of Jones Industrial Average (DJIA) came down by 20% in one day as proof that stock prices can diverge to a large extent from their fair market values. There is also proof against and for strong, semi-strong and weak Effective Market Hypothesis. In an answer to the critics, the advocates of Effective Market Hypothesis claim that market efficiency does not ascertain complete certainty about the future but it is a generali zation of the financial market which may be false sometimes. However in practical, market is efficient for purposes of speculation for almost all