Leadership Philosphy Personal Statement Example | Topics and Well Written Essays - 500 words

Leadership Philosphy - Personal Statement Example The motivational theories helped a lot in running the business successfully from the very beginning of my professional career. The knowledge and understanding of such managerial and leadership concepts were the only assets I had. Motivation emerges with the feeling to improve the surroundings. An effective leader must know that motivation is the key to improve the group’s performance and the chances of success. Motivation, however, is not easy. It requires continuous performance appraisal and strong communication skills. This is the point from where effective leadership enters. The motivational techniques that I adopted were the comments of the customers on the comment cards. Those feedbacks were then analyzed to measure the performance of the team and helped in realizing the weaknesses which needed proper attention and techniques to be resolved. This experience leads me to think over the charisma concept. The believers of this concept assume that the charisma is God gifted an d the influence of charismatics is because of the powers bestowed by God to those leaders (Conger & Kanungo, 1998). However, my leadership experience clearly directs towards continuous efforts and application of managerial and leadership concepts (like motivational theories etc.) to be an effective and successful leader.

Value and risk management Assignment Example | Topics and Well Written Essays - 2250 words

Value and risk management - Assignment Example Dundee arena has its substructure done as aggregate and isolated foundations but no permanency of the ice floor. As a result the concrete used is more in order to hold the weight of the ice floor. II. The frame work for Skydome arena is 9.4% of total cost and at  £176.44 per m2 compared to 9% of Dundee Arena and  £73.2 per m2. This gives a difference of 7.6% i.e.  £103.24 per m2. The two arenas both adopt steel frames for the construction. The difference in cost per m2 has resulted from the large roof being constructed and which lacks intermediate columns. These types of roof spans are quite expensive to put up. The span for Skydome arena is therefore in excess of 60m as a result requiring more quantities of steel in the roof trusses. Therefore the basic estimate of 80kg per m2 of the gross floor area is projected. The amount of steel applied in Dundee arena is less kilograms per metre squared. This is highly unlikely to jeopardize the quality of the stadium. However, adjustment can be made as necessary bearing in mind the total weight of the whole arena. The 80kg steel per m2 can be reduced to 60kg per m2 or even less if intermediate columns are used instead for suppor t. III. The Roofing is 8.6% for Skydome arena at  £161.46 per m2 as compared to 3% for Dundee Arena at  £22.5 per m2. An overestimate of 5.4% on roofing at  £139 per m2 is determined here. The roofing material and structure has deployed very expensive methods and materials. The roof for Skydome is intended to have partial composite construction with mastic asphalt for the plant area and clad with profiled metal decks on purlins. For the insulation a PVC single-ply membrane and a vapor barrier is adopted plus a plywood base. All these materials are very expensive and should be substituted with cheaper materials while maintaining quality of the roof structure. Dundee arena has adopted steel plates and metal cladding other than plywood and vapor barrier. IV.

The Effects of the Iraq War Essay Example for Free

The Effects of the Iraq War Essay The war in Iraq was supposedly an act against terrorism. In one of the President’s speeches, he made it clear that it was a preemptive attack and that if we were not fighting and destroying this enemy in Iraq, they would not be idle. They would be plotting and killing Americans across the world and within our own borders. By fighting these terrorists in Iraq, Americans in uniform are defeating a direct threat to the American people†(Crimes Against Humanity). This is the government’s claim but it was never substantiated by any evidence, thus keeping the Americans wondering what really is the cause of this massive bloodshed. Some reports say that this war is in large part an oil currency war. â€Å"One of the core reasons for this upcoming war is this administrations goal of preventing further Organization of the Petroleum Exporting Countries (OPEC) momentum towards the euro as an oil transaction currency standard†(Mother Jones). In order to stop the OPEC from doing this, the US needed to take control of the OPEC’s 2nd largest oil producer, Iraq. This means that the Iraq War is just another economic war. It is just another result of the struggle to control the means of production. The â€Å"domestic impact of any US war will be inequitably distributed, the workers and lowest economic classes carrying the burden of the social costs, while the upper strata benefit†(Swans). Even before the Iraq war, experts have already concluded that powerful corporate interests only see middle class families as the spoils of political influence (FromTheWilderness. com). When war struck, the burden was heavily felt by these same families. The additional burden came in the form of taxes. To maintain the Iraq war the government imposed additional taxes on the people disguised as national security taxes. This tax is imposed on all persons, however the effect on the upper class is not as drastic as to the middle class families simply because since they are the ones who can afford to pay and benefit from the big tax cuts. These taxes in addition to the economic pressures on the middle class—stagnant wages, the need to pull down two salaries to support a family, and the rising costs of the basic expenses—drive these families to turn to credit just to make ends meet. Credit in itself is neither bad nor is it taboo but the present state of the country prevents the middle class families from ever recovering (FromTheWilderness. com). The Iraq war brought about a change not merely on financial aspects but also in the way Americans perceive things. It has awakened the people’s social consciousness. Due to the doubtful claims the government are using to justify the war coupled with the suffering of the middle class, the masses are starting to wonder and ponder on the real issues that they are presently facing. A sense of awareness has donned on them, the people are slowly gearing towards social change. Having the freedom of intercourse, the people are slowly unearthing the reasons behind the war, the cause of their social helplessness and the means or solutions they are entitled to. Americans are becoming inquisitive, they are slowly transforming into persons naturally drawn to activism and sympathetic to an anti-war attitude and the Iraq War will present a new challenge of exposing the propaganda promoted by American imperialists, and in building an opposition (Swans). The change the Americans are experiencing after the war is neither bad nor good. It is a just a natural reaction brought about by the need for social justice and equity. Social justice is the concept of society in which justice is achieved in every aspect of society, rather than merely the administration of law. It is generally thought of as a society that affords individuals and groups fair treatment and a just share of the benefits of society. The Iraq war is not the sole cause of this change, several social forces are at work here but it may very well be considered as one of the factors that triggered it. After years of following the capitalist norm, the uneven distribution of wealth and power between the classes is already taking its toll. The delineation of the social classes is becoming clearer, each class is grouping itself together and yet, each one is dependent upon the other, without the bourgeoisies there would be no proletariat, without the proletariat there would be no cause for awareness, without a cause there can be no change. The social classes are now playing their important roles in this changes, they are setting the stage for their struggle. The United States is experiencing social change and it is inevitable. According to Neo-Marxism, strains are inherent in social structures and the source of these strains or contradictions is the inherent scarcity of certain goods and values. Thus inequality is a source of conflict. The conflicts caused by the inequality of the classes are starting to show. The ghost of communism is slowly rearing its head in our country. The Americans are preparing to experience a class struggle. The middle class is slowly becoming aware of the distribution of wealth and power between the masses and the selected few, they are realizing the exploitation of their class by a selected few using the government as an instrument. The country is now at the brink of a social revolution, just as how all revolutions came to be, the birth begins with the proletariat’s struggle with the bourgeoisie. At first the contest is carried on by individual labourers, then by the workpeople of a factory, then by the operatives of one trade, in one locality, against the individual bourgeois who directly exploits them and eventually the rise to power of the middle class. At this point however, the movement’s success cannot be ascertained. The thinking masses is too small to resemble a threat to imperialism but a war gone badly might alter public thinking enough to make such fundamental social change an increasing possibility. The ideas of Communism are based on actual relations springing from an existing class struggle, from a historical movement going on since time immemorial, it seeks to abolish property relations and to place power on to the working class (Mondo Politico). According to Karl Marx, this is the end result of all modern governments. Everything shall start from the bourgeois controlling first the modes of production hiring the proletariat only for labor, later on educating the proletariat so the bourgeois can use the knowledge endowed to the working class to remain competitive. Greed being the driving force, the bourgeois shall continue to teach and exploit the proletariat. Through this process, what the bourgeoisie, therefore, produces, above all, is its own grave-diggers. Its fall and the victory of the proletariat are equally inevitable. Communism is definitely an ideal type of government, it speaks of utopia where social justice reigns supreme and equity can never be flawed. The question now is that how come there is no country that has successfully established a perfect communist government? This might be caused by the degree of difficulty of implementing the transformation or it may be that eventually all systems shall need property relations of some kind. At this point, the social revolution in the United States is pretty far from fruition. Not all of the working class is willing to undergo change. After the United States has existed for so long, after having been accustomed to it and after achieving so much through capitalism, the premature abolition of property relations shall definitely cause its own downfall.

The Term Comparative Advertising Marketing Essay

The Term Comparative Advertising Marketing Essay In the liberalized Indian economy, as entry into production and services is no more a barrier, the thrust of competition has shifted to aggressive and vigorous promotion of products and services. These practices raise questions about truthfulness and fairness of representation of products and services. In a competitive environment, every representation of a product or service, is about what others are not. In this sense, a study of evolution of law on comparative representation can give us insights in the working of law and business in the liberalized-globalised economy. The question is not be whether a consumer has adequate remedies and protection against such unfair trade practices of a corporation but whether the warring corporations have adequate law against unfair trade practices, and a justice delivery system to have some rules of the game for competing among themselves  [1]  . The term comparative advertising refers to any form of advertising in which a trademark owner attempts to enjoy pecuniary benefits from a comparison between his product, service, or brand and that of a competitor. Comparative claims may vary in nature. They may explicitly name a competitor or implicitly refer to him. They may either emphasize the similarities or the differences between the products. They may also state that the advertised product is better than or as good as the competitors  [2]  . In simple words; comparative advertising is a form of advertising in which two or more brands of same generic products are compared in terms of one or more products or attributes. These advertisements are designed to highlight the advantages of the goods and services offered by the advertiser as compared to those of a competitor. Although, comparative advertisement has not been defined in the Indian statute, the UK Regulations define it as an advertisement which explicitly or by implic ation, identifies a competitor or goods or services offered by a competitor   [3]  . Comparative Advertising is also used in political campaigns, where it generates more counterarguments and fewer source derogations than negative political advertising does. This result may be due to the different styles of information processing that the two types of messages encourage. However, consumers exposed to negative political messages find them less useful for decision making and have more negative attitudes towards political campaigns than do consumers exposed to political advertising.  [4]   A survey of advertisements conducted in US reveals that there are three categories into which all advertisements fall  [5]  : 1. Non comparative advertisements that do not refer to a competing product either directly or indirectly. 2. Indirectly comparative advertisements that refers to a competing product in an indirect manner. 3.Directly comparative advertisements in which a competing product is specifically named or recognizably presented. Advertising falling into the last two categories could be referred to as comparative advertising. while in some countries one or both kinds of comparative advertisements are allowed, some countries do not allow either of the two kinds. Accordingly, the well known tag line in the UK(which allows both forms of comparative advertising with certain restrictions) in the advertisements for Carlsberg lager-Probably the best lager in the world, cannot be used in Germany(which does not allow comparative advertisement at all), as it would lead to an implication that all other lager are inferior to Carlsberg, thereby falling into the category of indirectly comparative advertisements.  [6]   Comparative advertising generally possesses two components, puffery and denigration. Puffery is where the advertiser seeks to draw the consumers attention by making superlative claims about his product that are assertions of opinion, rather than verifiable statements of fact. Often puffery crosses the limits of tolerance and seeks to portray the competing product in a negative light. The same is then said to amount to denigration, which the courts have strictly prohibited. Thus, the material question that often arises is to what extent comparative advertising may be restricted. The answer lies in developing a clear understanding of the conflicting interests of the various stakeholders involved, including the advertiser, the competitor and the consumer. The advertisers objective herein is to present his products in a manner such that the consumer is most likely to purchase it. On the other hand the competitor would always try to prevent any advertising that aims at denigrating his pro duct or makes false claims, or uses his product as a standard which the advertiser claims to exceed. The hapless consumer finds himself in the midst of a cacophony of claims, and has the right to be accurately informed about the quality or utility of the products available in the market.  [7]   STATUTORY PROVISION IN INDIA- The onus of regulating advertising in India has been assumed by a wide array of governmental authorities and tribunals, but presently there exists no dedicated statutory mechanism to regulate the dissemination of untruthful or disparaging material through such medium  [8]  . Primarily, matters related to untrue and misleading advertising were adjudicated upon by the Monopolies and Restrictive Trade Practices (MRTP) Commission, constituted under the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act). The Act defined an unfair trade practice under section 36A to include any false representation of goods with regard to their quality, quantity or utility. The provision also incorporated the clause that a warranty or guarantee of performance or durability of the product, if not adequately substantiated, would amount to an unfair trade practice  [9]  . Further, to advertise a false or misleading fact disparaging the goods, services or trade of another person too was br ought within the ambit of the same  [10]  . However, the MRTP Act was subsequently repealed by virtue of section 66 of the Competition Act, 2002. The Monopolies and Restrictive Trade Practices Commission, with reference to intensifying competition in the post-liberalised India, was describing a case before it as another legal battle between two multinational corporate giants making this Commission as a battlefield for the purpose  [11]  . The Trade Marks Act provides that a registered trademark is infringed by any advertising of that trade mark if such advertising takes unfair advantage and is contrary to honest practices in industrial or commercial matters, is detrimental to its distinctive character, or is against the reputation of the trade mark  [12]  . Section 30(1) of the same act provides an exception to the above rule stating that such advertisement would not amount to infringement if the use of such mark falls within purview of honest practices. This implies that honest practices are mandatory for comparative advertising without which it would amount to trademark infringement In the absence of an established statutory mechanism dedicated to the regulation of advertising, the industry itself has sought to develop a model for voluntary self-regulation in the form of the Advertising Standards Council of India (ASCI)  [13]  . The same is a non-statutory tribunal comprising an association of advertisers established in 1985. The ASCI position on the form and manner of comparative advertising has been laid out in Chapter IV of the bodys Code for Self Regulation in Advertising  [14]  . It is stated herein that advertisements containing comparisons with competing manufacturers and sellers are permissible in the interests of vigorous competition and free dissemination of information, subject to the following requirements being satisfied: a) It is clear what aspects of the advertisers product are being compared with what aspects of the competitors product. (b) The subject matter of comparison is not chosen in such a way as to confer an artificial advantage upon the advertiser or so as to suggest that a better bargain is offered than is truly the case. (c) The comparisons are factual, accurate and capable of substantiation. (d) There is no likelihood of the consumer being misled as a result of the comparison, whether about the product advertised or that with which it is compared. (e) The advertisement does not unfairly denigrate, attack or discredit other products, advertisers or advertisements, directly or by implication.  [15]   COMPARATIVE ADVERTISEMENT AND TRADEMARK INFRINGMENT In an era where the whole world is considered as one global village, trademarks play an important role to distinguish the products of one business house from another. Trademark can be defined as a mark or symbol which distinguishes one product from other product of similar nature  [16]  . Its aim is to identify the source of a product and to distinguish that product from product of similar nature. It lends individuality to a product which helps the customers to identify the product placed with products of similar kinds. Trade mark not only identifies the product of its origin but it also guaranties its unchanged quality and further helps to build a brand image by advertises the products. In a rat race to present their products as the best, companies adopt advertising techniques that make use of trademarks, trade names, and other trade symbols combining informational and persuasive elements. Not only has the use of their own trademark gained popularity also the use of their counte rparts trade mark is fast catching up. In Advertising and Public Interest  [17]  , Ralph Brown argues that trademarks by themselves were worthless to the public; the publics interest inhered in the ability of trade symbol to inform and prevent confusion. He further asserts that the legal protection surrounding trade mark should be driven by analysis of the degree to which advertising itself served public interest. The law on comparative advertising and product disparagement, in relation to trademarks, in India, is based upon the law as laid down in Irvings Yeast Vite Ltd v FA Horse-nail  [18]  . Section 29(8) of The Trademarks Act, 1999 enunciates situations, when the use of a trademark in advertising can constitute infringement. It says that any advertising which is not in accordance with honest practices; or is detrimental to the distinctive character, or to the repute of the mark, shall be an act constituting infringement. At the same time Section 30 (1) makes comparative advertising an exception, to acts constituting infringement under Section 29. It provides that any advertising which is in accordance with honest practices, and does not cause detriment to the distinctive character or to the repute of the trademark will be permissible and will not constitute infringement. CONSTITUTIONAL VIEW- Article 19 (1) (a) of the Constitution of India protects the right to freedom of speech and expression. It is very important for us to analyze article 19 (1) (a) of the Constitution in relation to comparative advertising. The freedom of speech and expression also has limitations but the same is restricted by imposing reasonable restrictions by the state under article 19 (2) of the Constitution  [19]  . Now the question is that whether the commercial speech can be protected under article 19 (1) (a) of the Constitution. In the case of Tata Press Ltd. vs Mahanagar Telephone Nigam Ltd.  [20]  , the Supreme Court held that commercial speech cannot be denied the protection of Article 19(1) (a) of the Constitution merely because the same is issued by businessmen. Court took a very wide interpretation of the Article 19(1) (a) of the Constitution Supreme Court held that advertising as a commercial speech has two facets. Advertising which is no more than a commercial transaction is, no netheless, dissemination of information regarding the product advertised. Public at large is benefited by the information made available through the advertisement. In a democratic economy, free flow of commercial information is indispensable. There cannot be honest and economical marketing by the public at large without being educated by the information disseminated through advertisements. The economic system in a democracy would be handicapped without there being freedom of commercial speech. Supreme Court also stated that the public at large has a right to receive the commercial speech. Article 19(1) (a) not only guarantees freedom of speech and expression; it also protects the rights of an individual to listen, read, and receive the said speech. So the Supreme Court held that a party has a right to advertise its product making commendation about its quality. Advertisement being a commercial speech which is a part of the freedom of speech is guaranteed under article 19(1). (a) of the Constitution and it can also be restricted under Article 19 (2) if it fulfils its elements. Court was of the view that publicity and advertisement of ones product with purpose of boosting sales is a legitimate marketing strategy. Court has laid down various principles in deciding about the extent of comparative advertisement. Comparative advertising must compare products meeting the same needs or intended for the same purpose. Comparative advertising should explicitly or implicitly make clear what comparison is made. A case of disparagement arises only if product in question is identifiable. Comparison with another or ordinary product that does not allude to particular brand, cannot give rise to disparagement. For disparagement, a direct reference to competitive brand is not necessary. Even an indirect referencing that can identify a particular brand may lead to a case of disparagement. Comparative advertising should not mislead consumers about competitors product with which comparison is made. A manufacturer is entitled to make exaggerations like his goods are the best, or in puffing manner compare his goods with competitors, and the same even if untrue, will not give a clause of action to other manufacturers of similar product, unless in doing so the manufacturer says that his competitors goods are bad, or disparages and defame them. This makes clear that freedom of speech and expression does not permit defamation and it would be a little far-fetched to say that an advertiser has the liberty to disparage the product of his competitor without any check, under the grab of freedom of speech. The irony remains, that although it is one thing to say that your product is better than that of a rival and it is another thing to say that his product is inferior to your product, still while asserting the latter, the hidden message may be the former, but that is inevitable in the case of a comparison. While comparing two products, the advertised product will, but naturally, have to be shown as better.  [21]   Comparative Advertising-Consumers Perspective Comparative Advertising if seen in a consumer perspective it tells the difference between two goods in the market and tell the consumer why he should opt for the advertisers product.  [22]   One of the most effective methods for advertising a product is to compare it with competitive offerings. Side-by-side or A-B comparisons can provide prospective customers with compelling reasons to buy from the company. They can also help build credibility for its product. Subconsciously, the prospective customer says: Who would risk making a direct comparison if they didnt have something truly superior? Johnson and Johnson found this out the hard way when Proctor and Gamble introduced Whisper with a direct comparison of the various features that were new in their product as opposed to Carefree without once naming Carefree directly.  [23]   The comparison of goods and services provides more information and thus educates consumers in taking a better decision. The advertisers in India generally compare the prices that cater to the status appeal of the maximum populations as 30% of Indians live under the category of middle class which is the most growing consumer market and they are also benefitted with the comparative advertisements. From the research done in India and abroad regarding the consumer reactions to the comparative advertising, it is clear that it helps in informing customers on the comparative features of two competitive brands. It is an effective positioning tool as well.  [24]  Few advertisers view the comparative advertising as offensive but from the practical experience so far, it is an accepted fact that consumers are being benefitted by the comparative advertisements. In Indian market, as mentioned above there has been a sea-change after the introduction of LPG policies. Brands that were considered to be of very high quality with practically no competition have lost out to other international brands, with the opening up of our markets and with the increasing awareness of the consumers about the products. Comparative advertisement truly gives an opportunity to help consumers not only to decide on which product is better but also what is best suited for him.  [25]   Consumers generally do not observe quality before purchase. Prices cannot signal quality. The firms compete for customers by advertising their quality. We first analyze a pure disclosure framework. If a firm advertises, it discloses the truth; it cannot falsify as such. Compare two scenarios. In the first firms can only engage in non-comparative advertising, i.e., a firm may disclose its own quality but not the competitors. In the second scenario, the firms can also engage in comparative advertising. In both scenarios advertising is costly and firms may, therefore, choose to remain silent.  [26]   Some studies have questioned the effectiveness of comparative advertising. Swinyard found that when it is one-sided, comparative advertising loses credibility and generates sympathy for the brand being attacked.  [27]  A study by Ogilvy-Mather, a large ad agency, found that consumers frequently confuse the sponsor for the competitor in many comparative ads. Furthermore, there was no persuasiveness of comparative and non-comparative ads.  [28]  On the other hand, other studies have found that if the source is credible, comparative advertisement is effective. For example, Gotlieb and Sarel found that credible comparative ads were more likely to be notices and were more likely to influence intentions to buy the advertised brand compared with non comparative ads. They also found that credible comparative ads were particularly effective for new products. Swinyard found that credibility can best be achieved by making comparative ads two sided-that is, a comparative ad that names a competitor, cites some of the advantages of the comparative brand, and then points out the arguments for the advertised brand.  [29]   Marketers should also consider consumers goal when preparing comparative ads. Promotion-focused consumers, whose goal is to maximise their gains and positive consumers, will be more responsive to claims that Brand X is superior to Brand Y; prevention-focused consumers, who want to minimize their loss and risk, will be more sceptical of superiority claims and more responsive to claims that Brand X is similar or equivalent to Brand Y. Note that positively framed comparative messages(Brand X performs better than Brand Y) are more effective for promotion-focused consumers, whereas negatively framed messages(Brand Y has more problems than Brand X) are more effective for prevention-focused consumers. Positively framed comparative messages encourage more cognitive processing and prompt consumers to consider other brand information-sparking their buying intentions if the additional information supports the positive arguments.  [30]   But the comparative advertisement should extent to the limit that it misleads the consumer. Any misinformation will be prejudice to the consumers. Abuses in advertising can obviously have unfortunate effects on consumers ranging from money on item that did not live up to the standard, expectation, quality and effectively but results in hazardous accidents resulting from the misrepresentation of faulty goods.  [31]   Humour In Advertising  [32]   Marketers use humorous messages because they attract attention and because advertisers believe that humour can be persuasive. The use of humour in advertising has been increasing to the point where the majority of ads use humour. one reason is that a 2002 survey by Roper, a large marketing research firm, found that 85 percent of respondents said they like ads with humorous themes. There are pros and cons for the use of humour in advertising. On the positive side, humour is likely to increase attention and memorability. It is also likely to enhance the advertisers credibility. Humour may create a positive feeling towards the advertisers and increase the persuasiveness of the message. It may also distract consumers who use competitive products from developing arguments against the advertisers brand and may lead them to accept the message. Humour may also be considered inappropriate based on the economic and political climate. When is the use of humour most effective? Researchers have found that humour is most effective in gaining message acceptance- when consumers are not involved- because humour is peripheral to the message, it is more likely to influence consumers who are not involved with the product than those who are. for existing products- advertising new products require conveying information. Humour is a more effective means of establishing a mood than of conveying information. When consumers have a positive attitude towards the brand- humour can reinforce positive feelings towards a brand, but is unlikely to reverse negative feelings. Why Consumer Protection?  [33]   Consumer has no voice in the product which is manufactured for his consumption. It is very difficult to effectively organize consumers in country as vast as India. A majority of the population is illiterate and ignorant. Poverty, lack of education, lack of misinformation, traditional outlook of Indians to suffer in silence, considering poverty and misery as a god-given things-all these negative sides of our life have enabled unscrupulous businessman to exploit consumers in India. The march of science and technology has increased the difficulties of the consumer along with his opportunities of selection from a very wide variety of goods. JUDICIAL PRONOUNCEMENTS Indian Judiciary has defined certain limitations for comparative advertising. Certain cases discussed below will help us to clarify more on this term. The role of puffery as a facet of comparative advertising was substantively dealt with by an Indian court for the first time in Reckitt Colman of India Ltd. v. M.P. Ramchandran and Anr.  [34]  In the concerned matter, the plaintiff and defendant were manufacturers of clothing detergent brands Robin Blue and Ujala, respectively. It was contended by the plaintiff that the defendant, in its advertisement, had intentionally displayed a container that was similar to the one in which the plaintiffs product was sold, and in regard to which the plaintiff had a registered design. A further insinuation to the product of the plaintiff was in the fictitious product being priced at Rs. 10, which was known to be the price at which Robin Blue was sold. The advertisement went on to state that the said product Blue was uneconomical, and depicted that the same was a product of obsolete technology and hence ineffective. There was also an implication that the product failed to dissolve effectively in water, and hence damaged clothes by leaving blue patches on them. It was argued by the defendant that the bottle depicted in the advertisement did not bear any resemblance to Robin Blue, and that the object of the portrayal had been merely to assert the technological superiority of Ujala over other competing products. Hence, it was denied that there was any specific disparagement of Robin Blue in the concerned advertisement. In M. Balasundram v Jyothi Laboratories  [35]  , A television advertisement promoting Ujala liquid blue showed that 2-3 drops were adequate to bring striking whiteness of clothes while several spoons of other brands were required though no label of any other brand was shown. A lady holding a bottle of Ujala was looking down on another bottle and exclaiming chhi, chhi, chhi! in disgust. The manufacturers of Regaul, a competing brand, approached the MRTP Commission that the advertisement was disparaging its goods. The Commission was of the view that-a mere claim to superiority in the quality of ones product by itself is not sufficient to attract section 36(1)(x) of MRTP Act. In the advertisement, the bottle did not carry any label. Further, the bottle did not have similarity with bottle of any brand. The Commission, thus, was of the opinion that it could not be a case of disparagement of goods. On a different note decision given by the court in case of Hindustan Lever Limited v Colgate Palmolive (I) Limited  [36]  and Pepsi Co Inc v Hindustan Coca Cola Ltd  [37]  , where both Colgate and Hindustan Coca Cola Ltd liable for disparaging their competitors products, respectively. Even though in both advertisements the competitors product name could not be heard but could clearly be made out from lip movement. Such a method of circumventing the law was held to fall clearly within the ambit of disparagement. The courts further stated that any claims made in comparative advertisements must be backed by verifiable statistical data. Precedents like the one laid down in Dabur India Ltd. v. Emami Ltd  [38]  . could severely curtail the scope of comparative advertising. Jurisprudentially speaking, the concept of defamation has to be specific or individualized in nature  [39]  . In the present case, the courts seem to have overlooked this premise, as the courts ruling in the case laid down that even a reference to a generic class of products could be potentially disparaging. This could be viewed as dangerous precedent as it would disallow a competitor to even make comparisons on a general basis. Hypothetically if the newly launched Tata Nano were to put out an advertisement giving out the impression that bike owners could progress in life by graduating to a car, then based on the ratio of this case, any bike company would be able to successfully sue Tata for disparagement  [40]  . CONCLUSION In India theres no doubt that the law regarding to comparative advertising is well settled, but is it settled in the required manner? By copiously allowing puffing up in marketing strategies, until a competitor is not adversely affected, the courts have turned a blind eye towards the equally important consumer and his interests. Today in the Indian sphere the focus only seems directed towards the grabbing of eyeballs, without providing any productive information for the consumer to utilize. The objective behind comparative advertising was not only being informative and an important tool to promote competition but for comparisons to serve as benchmarks to help consumers focus on the products main qualities. Compara

richard nixon :: essays research papers

Richard Nixon is known as the 37th president that resigned from office. I am going to tell you the whole story. Nixon was born in 1913 in Yorba Linda, California, the second of five sons of Francis Nixon and Hannah Nixon. The Nixons were Scots-Irish and the Milhouses were of Irish and English descent, known as Quakers. Richard Nixon attended public schools in Whittier, California, and went to Whittier College, a Quaker institution, where he majored in history. He won a scholarship to Duke University Law School and received his law degree in 1937. Nixon joined an established law firm in Whittier and there met his future wife, Thelma Ryan. They married on June 21, 1940, and had two daughters, Patricia in 1946 and Julie in 1948.   Ã‚  Ã‚  Ã‚  Ã‚   In 1946 Nixon was persuaded by California Republicans to be their candidate to challenge the popular Democratic Congressman Jerry Voorhis for his seat in the United States House of Representatives. Nixon’s campaign was an example of the vigorous and aggressive style characteristic of his political career. He accused Voorhis of being soft on Communism. The two men confronted each other in a series of debates, and Voorhis was forced into a defensive position. Nixon won the election by a vote of 65,586 to 49,994. As a new member of the Congress of the United States, Nixon gained valuable experience in international affairs while serving on a special committee that helped establish the European Recovery Program. Nixon also served on the House of Education and Labor Committee, where he helped draft the Taft-Hartley Act on labor-management relations.   Ã‚  Ã‚  Ã‚  Ã‚   In 1948, he was reelected to Congress after winning both the Republican and Democratic nominations. In 1950 the Republicans chose Nixon as their candidate for the U.S. Senate from California. His opponent was the liberal Congresswoman Helen Gahagan Douglas. In another bitterly fought campaign, Nixon linked her voting record with American-Labor-Party congressman Vito Marcantonio, who was widely regarded as pro-Communist. Nixon won the election by 680,000 votes.   Ã‚  Ã‚  Ã‚  Ã‚   In 1952 Nixon was selected to be the running mate of General Dwight Eisenhower, who had won the Republican presidential nomination. Shortly after Nixon’s vice-presidential nomination it was reported that a fund had been collected to meet his expenses as a senator. No evidence was produced that Nixon had misused the fund or given special favors to contributors, but many of Eisenhower’s advisers wanted Nixon to resign his candidacy.

Humans Cause Climate Change Essay examples -- Global Warming Essays, 20

"Two thousand scientists, in a hundred countries, engaged in the most elaborate, well organized scientific collaboration in the history of humankind, have produced long-since a consensus that we will face a string of terrible catastrophes unless we act to prepare ourselves and deal with the underlying causes of global warming." -- Al Gore Many misinformed people believe that extreme climate change is a natural process; something that human activities have nothing to do with. They cite events such as the Ice Age and believe that these events are part of a natural Earth cycling. Therefore, they happen despite anything that humans do. A common misunderstanding of the climate system characterizes it like a pendulum. The planet will warm up to "cancel out" a previous period of cooling, spurred by some internal equilibrium. This view of the climate is incorrect (Climatesight 1). As the Skeptical Science cited, this perspective implies that the Earth's climate must revolve around an equilibrium. These people believe that because there was an Ice Age, there must be an equal and opposi...

Mintzberg †the Fall and Rise of Strategic Planning Essay

The Fall and Rise of Strategic Planning by Henry Mintzberg When strategic planning arrived on the scene in the mid- ­? 1960s, corporate leaders embraced it as â€Å"the one best way† to devise and implement strategies that would enhance the competitiveness of each business unit. True to the scientific management pioneered by Frederick Taylor, this one best way involved separating thinking from doing and creating a new function staffed by specialists: strategic planners. Planning systems were expected to produce the best strategies as well as step- ­? by- ­? step instructions for arrying out those strategies so that the doers, the managers of businesses, could not get them wrong. As we now know, planning has not exactly worked out that way. While certainly not dead, strategic planning has long since fallen from its pedestal. But even now, few people fully understand the reason: strategic planning is not strategic thinking. Indeed, strategic planning often spoils strategic thinking, causing managers to confuse real vision with the manipulation of numbers. And this confusion lies at the heart of the issue: the most successful strategies are visions, not plans. Strategic planning, as it has een practiced, has really been strategic programming, the articulation and elaboration of strategies, or visions, that already exist. When companies understand the difference between planning and strategic thinking, they can get back to what the strategy- ­? making process should be: capturing what the manager learns from all sources (both the soft insights from his or her personal experiences and the experiences of others throughout the organization and the hard data from market research and the like) and then synthesizing that learning into a vision of the direction that the business should pursue. Organizations isenchanted with strategic planning should not get rid of their planners or conclude that there is no need for programming. Rather, organizations should transform the conventional planning job. Planners should make their contribution around the strategy- ­? making process rather than inside it. They should supply the formal analyses or hard data that strategic thinking requires, as long as they do it to broaden the consideration of issues rather than to discover the one right answer. They should act as catalysts who support strategy making by aiding and encouraging managers to think strategically. And, finally, they an be programmers of a strategy, helping to specify the series of concrete steps needed to carry out the vision. By redefining the planner’s job, companies will acknowledge the difference between planning and strategic thinking. Planning has always been about analysis—about breaking down a goal or set of intentions into steps, formalizing tho se steps so that they can be implemented almost automatically, and articulating the anticipated consequences or results of each step. â€Å"I favour a set of analytical techniques for developing strategy,† Michael 1 Porter, probably the most widely read writer on strategy, wrote in he Economist. The label â€Å"strategic planning† has been applied to all kinds of activities, such as going off to an informal retreat in the mountains to talk about strategy. But call that activity â€Å"planning,† let conventional planners organize it, and watch how quickly the event becomes formalized (mission statements in the morning, assessment of corporate strengths and weaknesses in the afternoon, strategies carefully articulated by 5 p. m. ). Strategic thinking, in contrast, is about synthesis.