Domain Name Disputes and Arbitration Essay Example for Free

Domain Name Disputes and Arbitration Essay The sudden explosion over the use of the internet in today’s world has placed domain names in direct conflict with trademarks. The use of a domain name would apply throughout the world, as the internet is accessible throughout the world. On the other hand, the trademark laws of a particular nation would vary with that of another, and hence, there is always a chance that trademark laws and domain name laws are in direct conflict with one another. Domain names would apply to the product and services of a service provider and hence ought to be given the same protection as trademarks . On the other hand, registries that register domain names give the importance of registering on a first-come-first served basis. Oppositions would say domain names contains alphabets and numerals, and hence, qualify to become a trademark. However, no rule is hard and fast. Domain name owners feel that the domain names are not protected under trademark laws as the internet is a global media having no offline limitation. On the other hand, the trademark owners feel that domain names are trademarks and hence are liable to file for dilution, unfair competition, etc . One of the main reasons as to why there is intense disputes with regards to domain names, is due cyber-squatting, in which somebody would register a particular domain name, and later try to sell it to the trademark owner. Domain name registries are accepting registration of domain names on a first-come first-served basis, and hence any person can register a popular trademark as a domain name and later plan to sell to the trademark owner. Often the prices quoted by the cyber-squatters are much more than what is paid of registration. Besides, cyber-squatters can misuse the trademark of the owner, and in turn wrongfully attract customers or tarnish the name of the original trademark owner . In the year 1995, the NSI framed a policy to settle disputes between domain name holders and trademark holders. The NSI is left out of the conflict and does not have the right to suspend the services of the domain name holder. Slowly, the importance of the trademark owners began to be felt. Trademarks owners can extent their services on to the internet, considering that it would be an ideal environment for business purposes. Customers on the other hand may also consider domain names being similar to trademarks for search purposes . One of the means of solving domain name disputes is by adopting the Uniform Dispute Resolution Policy implemented by the ICANN in 1999. This is mainly to solve the disputes that arise between domain name owners and trademark owners. The WIPO Arbitration and Mediation Centre would conduct the UDRP procedures. The process is much faster than the courts, and besides the decisions given is credible and impartial. The fees that are imposed are less than the routine courts . ICANN and UDRP The ICANN UDRP has been implemented for several TLD’s including . net, . com, . org, etc. However, it is not applicable to the country level TLD’s, such as . uk, . in, etc. The dispute resolution policy would occur between the domain name holder and the registering authority, such as country-coded domain registering organisation. The UDRP would set the terms and conditions that would arise in case of conflict arise between the domain name holder and any other party, except the registrar (ICANN). According to the ICANN, certain terms and conditions need to be followed when registering for a domain name. The registrant should ensure that all statements made are true, complete, and the domain name would not violate the rights of others. The domain name so registered would not be done for an illegal cause and would not be used to overcome any law. Any action done for the domain name would be lead to the owner being held responsible. The ICANN can transfer, modify or cancel a domain name registered if the domain name registrant requires so, if the court having a jurisdiction requires that the domain name be changed or cancelled or if a relevant administrative body requires that the domain name be changed or expelled. Depending on the situations, the ICANN would make a request to the domain name holder to perform such changes. The URDP procedure would be conducted before an administrative tribunal. Usually such tribunals would come into action whenever a third party has an issue with a particular domain name and files an application for objection before the ICANN.

Use of the path-goal theory

Use of the path-goal theory Use of the path-goal theory The Reasoning for the Use of the Path-Goal Theory in the Jeanne Lewis Case Jeanne Lewis, by any measure of the imagination is any prospective employers dream team member. She was committed, articulate, productive, smart, sensitive, motivated, and responsive to challenges. According to Peter Drucker (1998), â€Å"Effective leadership is not about making speeches or being liked; leadership is defined by results, not attributes† (Hersey, Blanchard Johnson, 2008, p. 109). Lewiss team tripled direct product profitability (DPP) and invigorated sales of under-performing stores. All these and much more were demonstrated time and time again throughout Lewiss career at Staples. The Leadership Behaviors that Lewis Used with Her Employees Lewis engaged in different types of leadership behaviors depending on the situation at hand. Her approach to situations and the type of behavior she used further supports Marian Andersons statement that â€Å"Leadership should be born out of the understanding of the needs of those who would be affected by it† (Hersey, Blanchard Johnson, 2008, p. 108). Shortly after Lewis assumed the position of the marketing manager at Staples, she assessed the situation regarding low performance of the stores, and she quickly came to the conclusion that strong leadership was lacking. As a result, she substituted 25 store associates over a 12-month period, which turned around the stores performance for better. Achievement-oriented leadership behavior was what Lewis utilized to achieve this result. Secondly, the tripling of the direct product profitability (DPP) by Lewiss team was another area where Lewis demonstrated a different type of leadership behavior-participative. Lewiss direct report s and peers appreciated her thoroughness when it came to getting her to support their position. The fact that her team members understood this much about her indicated she carried her team along while making decisions. Another way Lewis demonstrated a different type of leadership behavior was duringthe time she tried to foster relationships between the marketing organization and the in-house advertising agency. Her bimonthly meeting was met with stiff resistance. Realizing this was not a good strategy, Lewis changed the meeting to a one-on-one type that yielded results. Here, Lewis demonstrated a supportive type of leadership behavior, since this is what appeared to be desirable to the team members at this point. Also, Lewis used a directive leadership style when she warned her staff she would want to â€Å"ride shotgun† with them. She made it clear to the team what her expectations were. This leadership behavior typically results in improved satisfaction and performance. The director of marketing administration was satisfied with Lewiss strategy to such an extent that she set up one-on-one meetings between her team members and Lewis. Lewiss Leadership Behavior as it Relates to the Characteristics of Path-Goal Theory Path-Goal theory was premised not only on explaining which leadership style was effective, but why the leadership style was effective. House and Mitchell (2008) described path-goal theory as how a leader influences a followers perceived work goals, personal goals, and path to goal achievement. House and Dessler (1974), described path-goal theory as the effective leadership behavior needed in any instance which depends on the characteristics of the situation and the followers characteristics. Theresult Lewiss team was able to achieve as a result of her strategy change could have influenced her team members work goal, thus prompting them to perform well. Secondly, the tripling of the direct product profitability (DPP) by Lewiss team was another area that showcased path-goal theory. Lewiss team members and peers appreciated her thoroughness when it came to getting her to support their position. The fact that her team members had this level of understanding about her clarified the path to their goal, which then showed on the DPP result. Another way Lewis demonstrated characteristics of the pat-goal theory occurred duringher initial days as the vice president of retail marketing, where she set up several one-on-one meetings with her direct reports so that she could understand what part of the marketing puzzle each of them constituted. The marketing administration director saw something in this strategy, which led her to make a move to setup one-on-one meeting between Lewis and each of her own team members. This could have been as a result of the fact that Lewiss behavior was motivating to the extent that this director saw it could influence the attainment of her goal. Furthermore, the productivity that ensued after Lewis changed her strategy to be having a one-on-one status meeting with her team members after her initial bimonthly meeting approach flopped exemplified path-goal theory in that her team members could have gotten their work done due to the fact that th ey saw a clear path to them achieving their goal. The Behavior of Employees in Relation to Lewiss Leadership Style Several of Lewiss direct reports commented on her behaviors. One of them said: â€Å"Jeannes charm could be disarming. She worked really hard, and her personality motivated you. She tended to manage tightly at first, then loosened the reins. She challenged us a lot, and invited us to challenge each other†(Suesse Hill, 2005, p. 86). The directive leadership behavior Lewis used when she warned her staff she would want to â€Å"ride shotgun† with them was well accepted-as shown by the reaction of the marketing administration director. She was so satisfied with Lewiss strategy that she setup one-on-one meeting between her team members and Lewis. Employeeswarmlywelcomed Lewiss supportive leadership style as depicted with her change in strategy after the time she tried to foster a relationship between the marketing organization and the in-house advertising agency. Even though her bimonthly meeting was met with stiff resistance, her one-on-one meetings yielded good results. Thirdly, the participative leadership style used by Lewis during the tripling of the direct product profitability (DPP) was received well by employees. Initially they had mixed feelings about Lewiss leadership behavior, which one of them first felt was micro-managing before realizing that Lewis was just someone who liked to promote dialogue and debate to ensure that the best decision was arrived at. The fact that Lewis and her team in marketing while she was a manager there were able to invigorate sales performance within a 12-month period was an indication that she carried them along well and they were pleased with the things that they were able to archive together. This is consistent with achievement-oriented leadership behavior. Aspects of the Relationship of Employee Behavior as it Relates to the Characteristics of the Path-Goal Theory Path-Goal theory explains leaders effectiveness and the impact that leaders have on the followers motivation. The framework of instrumentality theory and path-goal theory suggest that the effectiveness of any leader at any given point depends on the characteristics of the situation and the characteristics of the follower. Several instances of this were observed throughout Lewiss carrier at Staples. It was repeated time and time again that Lewis had a personality that many may have misconstrued because of its confrontational nature. During her early days at Staples, Lewis herself acknowledged that she might not be able to work across the organization. At this point, she had barely been appointed a leader. One could then infer that all the zeal and the willingness to get things done was as a result of the belief that her hard work would someday get her into a management position, which she highly valued. The rejection that Lewis received when she started a bimonthly meeting was not a result of the ineffectiveness of the new structure she was trying to put in place; it was due to the fact that this did not influence her team members expectations, and their work and personal goal perhaps did not hinge on this. The same structure when changed to a one-on-one status meeting yielded the desired results. According to the observation made by one of the managers about the one-on-one status meetings, â€Å"She asks the kind of questions that provoked real interaction, so it really is a joint discussion† (Suesse Hill, 2005, p. 86). The South Africa studies around participation, individual differences, and job satisfaction among black and white employees results are better explained by the path-goal theory. Contrary to the expected conclusion that participative leadership is positively related to the individual differences, the theory concluded that participative leadership actually depends on the attributes of the task regardless of the predispositions of the subordinates. In the same vein, a study of the subordinates achievement (NACH) and affiliation (NAFF) needs as moderators of leader path-goal relationship conducted in Pennsylvania State University, drawn several interesting conclusions. One of the findings is that high NACH individuals prefer leaders with good strategies, policies, and rules who clarify paths to achievement (Orpen Ndlovu, 1977).

Segregation: The Processes of Inclusion and Exclusion Essay -- Sociolo

Race is an ambiguous concept possessed by individuals, and according to sociologists Michael Omi and Howard Winant, it is socially constructed. Race divides people into categories which causes needless cultural and social tensions. The concept of race also causes inclusion, exclusion, and segregation in U.S society. Both inclusion and exclusion tie together to create the overall process of segregation — one notion cannot occur without resulting in the others. Segregation is a form of separation in terms of race that includes the processes of inclusion and exclusion. Race was the main factor that caused conflicts among people in society in the realms of culture, education, and residential. Historians, sociologists, and other educators such as Macias, Kelley, Menchaca, Valencia, and Sugrue have researched the issue of segregation, how people use it to include and exclude others, as well as the consequences that followed. In the U.S society, Whites have fought to prevent interactions between them and Blacks throughout the centuries. One method of segregation that included inclusion and exclusion was through public housing — Whites reinforced means to drive Blacks out of their neighborhoods. In Thomas J. Sugrue's article, "Crabgrass-Roots Politics: Race, Rights, and the Reaction against Liberalism in the Urban North, 1940-1964," he addressed this issue of segregation in public housing for African-Americans. Whites in Detroit, Michigan were preventing the black population from "invading their enclaves." (65) The city of Detroit attracted many African-American migrants after World War II and those who sought upward mobility wanted better housing in primarily white sections of the city. Therefore racial tensions and segr... ... when people wanted to mix despite their races, authorities prevented them because of their races. Segregation with its processes of inclusion and exclusion existed in the cultural sphere even when people wanted to mix despite their races, but authorities prevented them because of that. People's beliefs in the superior and inferior races led to segregation that included and excluded people in U.S society. People disassociate with others because they have dissimilar interests and they look different. Races are biologically and genetically vary by nature but the activity of people physically distancing themselves because of their differences is what causes conflicts. When people engage in inclusion and exclusion in the process of segregation, that is when conflicts arise among them. It is when people start to believe in the superior races versus the inferior ones.

Salem Witch Trial :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Between the months of June to September of 1692, the infamous witch trials in Salem, Massachusetts resulted in the deaths of twenty men and women as a result of witchcraft charges. Hundreds of others faced accusations and dozens were jailed for months during the progress of the trials. There are an numerous number of explanations for the hysteria that over took the puritan population of Salem. This year marked a very disturbing time in the history of the Salem that is unique in the entire history of the United States of America and, in some respect, also in the history of all over the world.   Ã‚  Ã‚  Ã‚  Ã‚  The maps show the locations of major landmarks, farms, land grants, physical features, and the dwellings of prominent and important residents in Salem during 1692. For example the maps claimed that accusers came mainly from families who lived in the western part of the village, while the accused witches came predominantly from families living nearer to Salem Town. The following persons are not included on the map: the â€Å"afflicted girls† Sarah and Dorcas good, who had no fixed residence; Mary DeRich; and the five Villagers who were both accusers and defenders in 1692. The charts reveal older women were accused of witchcraft because of their economic vulnerability and because they were liable to senility, depression, or both. They also indicate that most of the accused witches were both young and old women. The men fall highest in the category as witnesses.   Ã‚  Ã‚  Ã‚  Ã‚  Church was the cornerstone of 17th century life in New England. Most people in Massachusetts were Puritans. Puritans are colonists who had left England seeking religious tolerance. But the strict Puritan code was far from tolerant. It was against the law not to attend church, where men and women sat on opposite sides through long services. The Puritan lifestyle was restrained and rigid. People were expected to work hard and repress their emotions or opinions. Individual differences were frowned upon. Even the dark, somber Puritan dress was dictated by the church. Since Puritans were expected to live by a rigid moral code, they believed that all sins from sleeping in church to stealing food should be punished. They also believed God would punish sinful behavior. When a neighbor would suffer misfortune, such as a sick child or a failed crop, Puritans saw it as God’s will and did not help. Puritans also believed the Devil was as real as God.

Railroads

It was first developed in England in the 17th century. In the year 1827, The Baltimore & Ohio Railroad (B&O) was the first to offer scheduled freight and passenger service to the public in the US and quickly became the prime mover of people and goods. Due to the rapid increase in demand, importance and feasibility, rail tracks could be laid anywhere and the volume of land potentially available for development expanded tremendously.In the beginning it was difficult o predict with certainty which sites with rail road access will be in demand and at what price. Soon Railroads became the principle mode of transportation and areas started depending on rail access for growth and survival. Many municipalities also paid subsidies to private rail road firms to provide service to their communities. The giant rail road companies not only received the right-of-way from the government but also millions of acres of land along their proposed route. The companies got half the land within 6 to 40 mil es of the right-of-way and the government retained the other half.The companies sold some of their land at appreciated prices and also retained vast acreage so that they can mortgage it and get capital. This turned out to be a good idea especially when politicians and citizens tried to force the sale of land. Over the years, railroad companies have retained ownership of immense quantity of urban and rural land. The land has been sold, leased, developed and has been used for all purposes. Even today, in many cities, rail road companies are still the biggest private land owners. Some of them have even formed real estate divisions to get greater returns on their assets.

Backup

Backup or backing up refers to the process of making copies of data to save and restore the original data incase of loss event also known as disaster recovery. Backup is so important in view of the fact that loss of data often happen in most machine users as their computers are habitually in the high risk of going wrong, failure in the hard disk does happen. The most common problems today that may result in loss of data are the threat to viruses. Although some viruses do not affect the file or the computer itself, some does and may even infect the hard disks of your computer resulting in data loss. David Smith estimated that 6% of all the personal computers suffer data loss every year (Boston Computing Network, 2010). Also, about 31% of PC users have experience data loss due to uncontrollable events (Boston Computing Network, 2010). When do you take backup (daily, weekly, on significant changes to data)? I personally do not set a specific schedule for backing up files because it has my habit to save a copy of important data. I also backup files when I make changes to them and so there is no need to have a schedule time for taking backup of files. In case of accidental loss of data, I do not have to worry since I have copies of all the files that are important to me. Do you schedule backups automatically? If so how? If not, how can you be sure to do them? No, I do not schedule automatic backups. As I have mentioned, it has been my habit to take backups whenever significant changes are made to my files. Thus, I am certain to have copies of all the files that I need. How do you take backup – manually, using the Copy facilities in the Windows Explorer? If so, describe the process; or do you have some other backup program? If so, what is it, and why do you like to use it? I take backups manually. I have to plug the storage device and manually save the data in order to create copies of it. I do not use back programs since I do not view taking backup as a task but rather I see it as an enjoyable thing to do since it gives me the certainly that in cases of data loss, I always have a copy. Where do you store the backup files (ie on what device and in what physical location) and why did you make that choice? Include costs, if any)? I have two primary devices used for data storage; flash disk and external hard disk. I used the flask disk for files that require changing in a short period of time, mostly school stuffs. On the other hand, I use the external hard disk for files that I rarely use as well as for large volume files. Still, I also use CDR’s for data that I wish not to be changed, mostly program files and installers. In the case that I am employed and required to use my personal computer for work related task, the only threat that I see is the privacy which can easily be handled by organizing files and folders. I believe that there would be no significant changes that must be done but I would need another hard disk in order to maintain that organization of my files. My original hard disk will be used for the backups of my personal files while the other will be used for work related documents. I would also have to change the allotment on my PC in order to cope with the changes. I will have to create partitions on the disks in order separate personal to work use: one partition for work use, one for personal use and another extra partition for other files. My flash disk would serve the same purpose as before, for files that often requires changes but both for personal and work related task. Thus, the only cost associated with the changes is another external hard disk for work related files as well as the time for making necessary changes.

Oreopithecus - Facts and Figures

Name: Oreopithecus (Greek for mountain ape); pronounced ORE-ee-oh-pith-ECK-us Habitat: Islands of southern Europe Historical Epoch: Late Miocene (10-5 million years ago) Size and Weight: About four feet tall and 50-75 pounds Diet: Plants, nuts and fruit Distinguishing Characteristics: Longer arms than legs; monkey-like feet About Oreopithecus Most of the prehistoric primates that preceded modern humans led lives that were nasty, brutish and short, but this doesnt appear to have been the case with Oreopithecus--because this chimpanzee-like mammal had the good fortune to live on isolated islands off the Italian coast, where it was relatively free from predation. A good clue to the comparatively trouble-free existence of Oreopithecus is that paleontologists have unearthed about 50 complete skeletons, making this one of the best understood of all ancient apes. As so often happens with animals restricted to island habitats, Oreopithecus possessed a strange mix of features, including strong, gripping, monkey-like feet, an ape-like head with teeth reminiscent of the earliest humans, and (last but not least) longer arms than legs, a clue that this primate spent much of its time swinging from branch to branch. (Theres also some tantalizing evidence that Oreopithecus may have been able to walk upright for short periods of time, which has thrown a wrench into the usual timelines for hominid evolution.) Oreopithecus met its doom when plunging sea levels connected its islands with the mainland, whence its ecosystem was invaded by the mammalian megafauna of continental Europe. By the way, the name Oreopithecus has nothing to do with the famous cookie; oreo is the Greek root for mountain or hill, though this hasnt prevented some paleontologists from affectionately referencing Oreopithecus as the cookie monster.

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