Christian terrorists And History Of Christian Terrorism
When news broke about the bombing in Olso, many commentators assumed links with Islamic extremism. When reports came of the massacre on Utøya island, perpetrated by a “tall, blonde, Nordic, man,” speculation quieted down until Anders Behring Breivik was identified. News reports first described Breivik as a “Christian terrorist,” largely on the basis of his Facebook profile and his postings to Christian fundamentalist Web sites. After his manifesto became public, Breivik was characterized as a “right-wing extremist.” To most, the Christian terrorist/right-wing extremist distinction makes little real difference: Only a madman could engage in such wanton killing.
Christian terrorism comprises terrorist acts by groups or individuals who claim Christian motivations or goals for their actions. As with other forms of religious terrorism, Christian terrorists have relied on idiosyncratic or literalistic interpretations of the tenets of faith—in this case, the Bible. Such groups have used Old Testament and New Testament scriptures to justify violence or to seek to bring about the “end times” described in the New Testament,
while others have hoped to bring about a Christian theocracy. There has been plenty of terrorism and violence committed by human beings from every religious background. Were you aware that according to the European Police Office (Europol) in 2006 “There were 498 incidents in eleven EU countries in 2005 labelled as “terrorist attacks.” The Basque separatist group ETA committed the most (136 terrorist attacks) and was responsible for the only deadly attack, killing two in Madrid. The remaining 497 fortunately cost no human lives.” Muslims only carried out one out of the 498 terrorist attacks in the European Union in 2006. Full report Did you know that The Liberation Tigers of Tamil Elam a Hindu separatist group in Sri Lanka “had carried out more suicide bombings than any other organization on the face of the earth. According to the experts at Janes securities, between 1980 to 2000, LTTE had carried out a total of 168 suicide attacks on civilians and military targets. The number of suicide attacks easily exceeded the combined total of Hizbullah and Hamas suicide attacks carried out during the same period”
“Many Americans are unaware of the fact that of all the religious groups, Muslim Americans have the lowest crime rate, and that prior to the first WTC attack, there was no violence directed against the western culture by its members. A survey of 175 recorded incidents of terrorism in the US from January 1982 to January 1996 showed that of these: 77 were committed by Christian Puerto Rican nationalists, 31 were the work of Christian animal rights and Christian environmental groups, 23 were blamed on Christian left wing organizations, 18 were committed by what the FBI called “Jewish extremists” and 12 were by Christian anti-Castro Cubans. The total number committed by Arabs or Muslims over a period of 14 years was ” Muslim Americans: Patriotic or Fifth Columnist?, Habib Siddiqui
Note sections on Christian extremism and terrorism and Jewish extremism and terrorism were divided 4/08 because this section became too long.
The U.S. Department of Justice Report on Terrorism 2002 to 2005 also lists incidents from 1980 to 2005 and clearly shows that most terrorist incidents were not carried out by Muslims.
An MPAC study on domestic terrorism shows that – Since Obama’s election on November 4, 2008 there have been 25 terror plots by non-Muslim domestic extremists and 9 plots by Muslim domestic and international extremists.
In Europe the number of arrests connected to terrorism doubled in the European Union in 2007, while the overwhelming majority of attacks carried out in its territory were linked to separatism, the EU’s police office, Europol, said in a report released on Monday (7 April).
Even if we look only at extremist violence and terrorism in the U.S. from 1970 and after committed by non-Muslims, it really isn’t possible to hold to the claim that all terrorists are Muslims. If we add to this brief list all of the KKK and white supremacist violence over the years and all of the hate crimes like the hate crimes motivated by a hatred of immigrants, or gays, or African-Americans, or a particular political group, etc. Then this list would number in the thousands.
1970′s – Sterling Hall bombing at the UW–Madison, JDL bombings of Aeroflot office and Soviet offices in NYC, Weatherman bombings at U.S. Capitol in D.C. and Gulf Tower in Pittsburgh, shooting of Governor George Wallace of Alabama, Croatian terrorist hijacking of a TWA airliner, car bomb murder of Chilean gov’t officials by DINA,
1980′s – Armed members of FALN raid campaign headquarters of Jimmy Carter in Chicago and George H. W. Bush in NYC, Reagan assassination attempt, bombings at Pan Am terminal in NY by the Puerto Rican Resistance Army, FALN explodes bombs outside of the FBI office in NY and the US courthouse in Brooklyn, James W. von Brunn attempted to kidnap members of the Federal Reserve in Washington, D.C., Turkish diplomats in CA and MA killed by members of the Justice Commandos Against Armenian Genocide, U.S. Senate bombing by The Armed Resistance Unit, James Oliver Huberty went into a McDonald’s in San Ysidro, CA and killed 21 people and injured 19 others before being killed himself, Rajneeshee bioterror attack in OR, 751 became ill, The Order murders Alan Berg in CO, JDL murders Alex Odeh in CA, George Hennard drove into Luby’s diner in Killeen, TX and killed 23 people and wounded more than 20 before committing suicide, Dr. David Gunn murdered in Pensacola, Florida,
1990 to 1999
- American Front Skinheads, pipe bombing in Tacoma WA
- Animal Liberation Front bombing in Franklin Township, N.J. of Circus Vehicles
- Animal Liberation Front, 9 incidents of firebombing in Chicago, IL
- Boricua Revolutionary Front,Chicago IL, Car Fire and Attempted bombing
- Frank Eugene Corder attempted to hit the White House with a single-engine Cessna,
- Francisco Martin Duran fired at least 29 shots with a semi-automatic rifle at the White House,
- Earth Liberation Front, Colo. Arson Fire at Ski Resort
- Earth Liberation Front arson attack on Agriculture Hall of MSU and office complex in Monmouth, OR
- Buford O. Furrow, a former member of the Aryan Nations, in a firearms attack on a Jewish Community Center in Granada Hills, CA wounded three children, a camp counselor, and a receptionist.
- Eric Harris & Dylan Kleboldat Columbine H.S. killed 13 people and wounded 24 before commitng suicide,
- Rev. Paul Jennings Hill murders Dr. John Britton and an assistant in FL
- Ted Kaczinski, the Unabomber,
- James Kopp murders Dr. Barnett Slepian was shot to death at his home in Amherst, NY
- Sgt. William J. Kreutzer, Jr. killed one officer and wounded 17 other soldiers when he opened fire on a formation at Fort Bragg, NC.,
- Timothy McVeigh and Terry Nichols, the Oklahoma City bombing
- Mexican Revolutionary Movement, attempted firebombing in Urbana IL
- Minnesota Patriots Council plots to assassinate law enforcement officials using ricin
- Alfred Reumayr plot to blow up the Trans Alaska Pipeline
- Eric Robert Rudolph, connected to The Army of God, carried out the Centennial Olympic Park bombing and abortion clinic bombing in Birmingham AL
- John Salvi killed two receptionists in two clinic attacks in Brookline, MA
- Benjamin Nathaniel Smith, a right-wing extremist and member of the World Church of the Creator, shooting rampage left two individuals dead and eight others wounded before Smith killed himself,
- Russell Eugene Weston kills two in U.S. Capitol shooting
2000 to 2011
- Jim D. Adkisson opened fire in the Tennessee Valley Unitarian Universalist Church in Knoxville TN killing two and injuring seven (a note found in his SUV indicated this was intended as a suicide attack and said the church was apparently targeted because of its support of liberal social policies),
- Alabama Free Militia, five members of anti-immigration militia were arrested for planning a machine gun attack on Mexicans. During raids by federal agents, authorities seized 130 hand grenades, two machine guns and more than 2,500 rounds of ammunition
- Chad Altman and Sergio Baca were arrested for the arson of Dr. Curtis Boyd’s clinic in Albuquerque NM
- The Animal Liberation Front targeted a UCLA professor with a firebomb due to her research on animals,
- Daniel L. Barefoot, Sharon Renee Barefoot, Jonathan A. Avery, Jonathan Maynard, Marvin G. Gautier and Rossie Lynwood Strickland , six members of the Nation’s Knights of the Ku Klux Klan pleaded guilty to a variety of weapons and conspiracy charges in connection with an illegal gun trading scheme in the early 2000s to finance a plan to blow up the Johnston County, North Carolina, courthouse.
- Philip Bay planned a massacre of fellow Virginia Beach students
- John Patrick Bedell, an anti-government extremist walks into the Pentagon and opens fire, wounding two officers before he is himself shot dead.
- Kody Brittingham, a Marine is arrested and charged with plotting to assassinate President Obama. Brittingham also collected white-supremacist material.
- Seung-Hui Cho killed 32 people and wounded many others at Virginia Tech before committing suicide,
- Daniel Cowart and Paul Schlesselman, two white power skinheads plot to target an African American High School and kill 88 blacks and decapitate 14 more (the numbers 88 and 14 are symbolic to white supremacists) and although expecting to fail try to assassinate Barack Obama,
- Demetrius Van Crocker a white supremacist from rural TN attempted to acquire Sarin nerve gas and C-4 explosives that he planned to use to destroy government buildings,
- James Cummings dirty bomb plot, Belfast, Maine, police discover the makings of a nuclear “dirty bomb” in the basement of a white supremacist shot dead by his wife. The man, who was independently wealthy, reportedly was agitated about the election of President Obama and was crafting a plan to set off the bomb.
- Matthew L. Derosia rammed a SUV into the front entrance of a Planned Parenthood clinic in St. Paul, Minnesota
- John Earl, a Catholic priest drove his car into the Northern Illinois Health Clinic and pulled out an ax before being shot at by a security guard,
- Earth Liberation Front members plead guilty to burning The Center for Urban Horticulture at the University of Washington.
- Paul Ross Evans left a package at a women’s health clinic in Austin, Texas containing an explosive device capable of inflicting serious injury or death. A bomb squad detonated the device after evacuating the building. Paul Ross Evans (who had a criminal record for armed robbery and theft) was found guilty of the crime
- David Anthony Fuselier and 4 other members of the American Invisible Empire of the Ku Klux Klan were convicted in federal court in Louisiana on conspiracy and intimidation charges for burning a cross at the residence of three African-American men in Longville, Louisiana. The five men, who all pleaded guilty, had burned the cross in an attempt to coerce the victims into leaving the community
- Matt Hale of the World Church of the Creator was convicted in 2004 of soliciting the murder of Chicago federal Judge Joan Humphrey Lefkow
- Jeffrey Harbin who has ties to the neo-Nazi National Socialist Movement (NSM) and was formerly a member of the neo-Nazi National Alliance, arrested for transporting 12 grenade-like improvised explosive devices.
- Kevin William Hardham has been charged with illegal possession of an explosive device and attempting to use a “weapon of mass destruction,” after leaving a backpack bomb with the potential of killing or injuring dozens of people along the route of a Martin Luther King Day “unity march” in downtown Spokane, Wash
- Lucas John Helder rigged pipe bombs in private mailboxes to explode when the boxes were opened, He injured 6 people in Nebraska, Colorado, Texas, Illinois, and Iowa. His motivation was to garner media attention so that he could spread a message denouncing government control over daily lives and the illegality of marijuana.
- Patricia Hughes and Jeremy Dunahoe threw a Molotov cocktail at a clinic in Shreveport, LA,
- David Hull, Pennsylvania Klan leader was convicted of a variety of illegal weapons charges in connection with an alleged plot to use hand grenades to attack abortion clinics; he also allegedly told an informant that he had turned his car into a “suicide bomb on wheels.”
- Hutaree “Christian warrior” militia. Seven militiamen from the Hutaree Militia in Michigan and Ohio are arrested and charged with plotting to assassinate local police officers with the intent of sparking a new civil war.
- An Idaho Mountain Militia Boys plot to kill a judge an a police officer and break a friend out of jail is uncovered,
- Vadim Ignatov shooting attack on Muslim home in Oregon
- Bruce Ivins anthrax attacks kill five across the U.S. with politicians and media officials as the apparent targets,
- JDL plot by Irv Rubin and Earl Krugel to blow up the King Fahd Mosque and the office of Congressman Darrell Issa in CA foiled,
- Jerry and Joe Kane, two “sovereign citizens” gunned down two police officers who pull them over for a traffic violation, and then wound two more officers in a shootout in which both of them are eventually killed.
- Anarchist Joseph Konopka was found in possession of deadly amounts of sodium cyanide and potassium cyanide
- William Krar is charged for his part in the Tyler poison gas plot, a white supremacist related plan, his weapons cache included a half a million rounds of ammunition, more than 60 pipe bombs, machine guns, silencers, and remote-controlled bombs disguised as briefcases.
- James J. Lee wearing explosives and carrying a gun took hostages at the headquarters of the Discovery Channel in Silver Spring, Maryland before being killed by police. He was protesting the channel’s “anti environmental” message and programming encouraging birth of humans who he called filthy
- Ryan Daniel Lewis was convicted of arson in a number of incidents on behalf of the Earth Liberation Front in CA
- Thomas Hayward Lewis, a white power skinhead arrested in Mobile Alabama for vandalism and cache of explosives found in his home
- Jared Lee Loughner, the alleged mass murderer who shot U.S. Rep. Gabrielle Giffords of Arizona at a political gathering
- Donny Love, Sr. has been indicted for his alleged role in bombing of the federal courthouse in downtown San Diego. Multiple nail-laden pipe bombs exploded at a Federal Courthouse in San Diego causing “considerable damage” to the entrance and lobby and sending shrapnel two blocks away. The F.B.I. is investigating links between this attack and an April 25 explosion at the FedEx building also in San Diego
- Keith Luke went on shooting spree in MA to kill as many non whites and Jews as possible,
- Dennis & Daniel Mahon send mail bombs to a diversity office in Scottsdale AZ that injure three,
- Alberto Martinez – two officers were killed at Forward Operating Base Danger in Tikrit, Iraq by a deliberately placed mine, Staff Sergeant Alberto B. Martinez was charged, but was acquitted in a court martial trial at Fort Bragg, NC,
- David McMenemy of Rochester Hills, Michigan crashed his car into the Edgerton Women’s Care Center in Davenport, Iowa. He then doused the lobby in gasoline and then started a fire. McMenemy committed these acts in the belief that the center was performing abortions
- Justin Carl Moose plot to bomb abortion clinics. The FBI alleges he referred to himself as the “Christian counterpart to (Osama) bin Laden”
- Donny Eugene Mower was arrested on federal charges of attacking a reproductive health clinic in Madera CA, and authorities said he also is responsible for vandalism and menacing signs left at the city’s Islamic center.
- Robert Pickett discharged a number of shots from a weapon in the direction of the White House,
- Richard Andrew Poplawski – Three Pittsburgh police officers are fatally shot and a fourth wounded by Richard Andrew Poplawski, who had posted his racist and anti-Semitic views on white supremacist websites.
- Project 7, two members are arrested plotting to kill judges and law enforcement officials in order to kick off a revolution,
- Charles Carl Roberts IV went into an Amish school in Lancaster County, PA and killed 5 girls before committing suicide,
- Daniel and Timothy Robinson arrested in possession of materials to make bio-chemical weapons
- Scott Roeder Assassination of Dr. George Tiller
- Daniel James Schertz, N GA White Knights member pleaded guilty to building pipe bombs designed to blow up buses carrying Mexican and Haitian migrant workers from Tennessee to Florida
- Kyle Shaw bombing of a Starbucks in Manhattan’s Upper East Side, police said his motive was to emulate “Project Mayhem” a series of assaults on corporate America
- Joseph Stack’s suicide flight into an IRS building.
- Roger Stockham was arrested in a car laden with explosives outside one of the nation’s largest mosques in Dearborn MI
- Texas Militia former leaders plot to attack the Federal Building in Houston,
- Bruce and Joshua Turnidge, a pair of “Patriot” movement radicals who wanted “to attack the political infrastructure”—threaten a bank in Woodburn, Oregon, with a bomb in the hopes of extorting money that would end their financial difficulties, for which they blamed the government. Instead, the bomb goes off and kills two police officers. The men eventually are convicted and sentenced to death for the crime.
- Jomar Falu Vives a Fort Carson, CO soldier and Iraq war veteran accused of killing 2 people and wounding another in drive-by shootings,
- U.S. Holocaust Memorial Museum shooting by James Wenneker von Brunn,
- Lonnie Vernon and 4 others were arrested on charges connected with an alleged plot to kidnap or kill state troopers and a Fairbanks, Alaska judge
- Clayton Waagner, claiming to act on the part of the “Virginia Dare Chapter” of the Army Of God mailed hoax letters containing a white powder to 554 clinics,
- white supremacists planned to bomb a series of institutions associated with the black and Jewish communities including the U.S. Holocaust Memorial Museum,
- Jeffrey Weise killed his grandfather and his grandfather’s girlfriend on the Red Lake, MN Chippewa reservation, then went to Red Lake H.S. where he killed 7 people and wounded 5 others before committing suicide,
- Byron Williams loads up on weapons and drives to the Bay Area intent on attacking the offices of the Tides Foundation and the ACLU, but is intercepted by state patrolmen and engages them in a shootout and armed standoff in which two officers and Williams are wounded.
- Alexander Robert Youshock’s plot to bomb a school in San Mateo, CA
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UNIDENTIFIED PERPETRATOR
- A man rammed his car into a women’s clinic that he thought was an abortion clinic and set it ablaze in Davenport, Iowa,
- A bomb was left in a women’s clinic in Austin but failed to explode,
- UC-Santa Cruz molecular biologist David Feldheim’s home was firebombed. A car belonging to another researcher from that University was destroyed by a firebomb in what is presumed to be related. FBI is investigating incidents as domestic terrorism related to animal rights groups,
- Three Packages detonate in the mail rooms of two Maryland state government buildings. No serious injuries
- A homemade bomb damaged a Recruiting Office in Times Square
- A pair of improvised explosive devices were thrown at the Mexican Consulate in New York City. The fake grenades were filled with black powder, and detonated by fuses, causing very minor damage. Police were investigating the connection between this and a similar attack against the British Consulate in New York
MILITARY INCIDENTS
Incidents like that at Fort Hood are often presented as if they are unique to Muslims. This is patently untrue. Here is a list of only a few similar incidents:
1995 – Sgt. William J. Kreutzer, Jr. killed one officer and wounded 17 other soldiers when he opened fire on a formation at Fort Bragg, NC.
2003 – Army sergeant Hasan Karim Akbar killed two officers of the 327th Infantry Regiment, 101st Airborne Division in Iraq (He was a Muslim convert)
2005 – Two officers were killed at Forward Operating Base Danger in Tikrit, Iraq by a deliberately placed mine. Staff Sergeant Alberto B. Martinez was charged in the killing but was acquitted in a court martial trial at Fort Bragg, NC.
2006 – Pvt. Steven Green raped a 14-year-old girl, and killed her and 3 other members of her family in Iraq
2007 – Master Sgt. John Hatley convicted of the execution-style killings of 4 bound and blindfolded Iraqi detainees near Baghdad.
2007 – Olin Ferrier, a Fort Carson, CO soldier killed a taxi driver in Pueblo, CO
2008 – Staff Sgt. Brandon Norris killed Spc. Kamisha Block and then committed suicide in Iraq. The military first reported this as a death by “friendly fire”.
2008 – Spc. Jody Michael Wirawan killed 1st Lt. Robert Bartlett Fletcher at Fort Hood and then committed suicide
2008 – Dustin Thorson, an Air Force technical sergeant killed his son and daughter on Tinker Air Base, OK. (He had been diagnosed with post-traumatic stress disorder after returning from Iraq.)
2008 – Edgar Patino, a soldier at Fort Bragg, NC killed another soldier Spc. Megan Touma who was pregnant.
2009 – Jomar Falu Vives a Fort Carson, CO soldier and Iraq war veteran accused of killing 2 people and wounding another in drive-by shootings.
The Southern Poverty Law Center has a list entitled: Terror from the Right: 75 plots, conspiracies and racist rampages since Oklahoma City which also shows that not all terrorists are Muslims. The SPLC also has a list of “Patriot” groups active in the U.S. during 2009 including 127 militias (marked with an asterisk).
Another report from the FBI makes a lot of interesting points. Here are a few highlights:
APPROXIMATELY 641 terrorist incidents occurred in the United States between 1971 and June 1975. Among these attacks were 166 bombings, 120 fire bombings, and 118 shootings. (During the first six months of 1975 alone, 24 attacks occurred in California, 12 took place in New York, and 11 were directed at targets on the U.S. Commonwealth of Puerto Rico.) Some of these attacks were carried out by extremist ethnic groups and international terrorists. But the vast majority were attributed to leftwing/antiwar extremists, many operating within such organizations as the Weather Underground, Armed Forces of Puerto Rican Liberation (FALN), the Black Liberation Army, and the Symbionese Liberation Army. WAVES in domestic terrorist activity are not absolute or all encompassing. During the 1970s and early 1980s, at the height of violent antiwar/left-wing activism, there were dozens of terrorist attacks carried out by Jewish extremist groups (such as the Jewish Defense League and the United Jewish Underground) and other extremist ethnic groups (such as the Justice Commandos of the Armenian Genocide). There were also sporadic incidents involving special interest groups supporting nuclear disarmament and other causes. During the 1990s, when antigovernment right-wing groups became a primary counterterrorism focus, left-wing extremist Puerto Rican separatists continued to conduct the majority of successful terrorist attacks in the United States–primarily on the island of Puerto Rico. (The majority of terrorist acts prevented by law enforcement during the decade, however, were being planned by antigovernment right-wing terrorists–underscoring the potential threat posed by this element.)
But a study of the past reveals some potentially helpful patterns. Violent domestic extremism in the United States has been closely linked to contemporary political/social concerns. In each of the three identifiable waves, violent extremism has represented a small, radicalized component of broad-based, largely
peaceful movements sharing similar concerns. With regard to left- and right-wing terrorism, aggressive prosecution of group leaders, violent offenders, and those plotting attacks contributed significantly to limiting the overall threat posed by groups with these orientations.
The abilities to spread propaganda and recruit new members are important to the long-term viability of extremist movements. Leftist radical movements of the 1970 and early 1980s conducted much of their propaganda and recruiting through lectures and the distribution of handbills. While right-wing groups in the 1980s and 1990s began to exploit the Internet and cable access programming to spread their views, they largely depended on videotapes and books to attract new adherents to their antigovernment, race-supremacist ideologies. By contrast, animal rights and environmental extremists rely on sophisticated computer capabilities to exploit the communications potential of the Internet to disseminate propaganda, provide information updates to adherents, recruit new members, and make claims of responsibility for terrorist activities and acts of vandalism. The communications opportunities afforded by the World Wide Web can be expected to have a far-reaching impact on the ability of contemporary extremist groups to perpetuate propaganda and attract new members.
CONCLUSION – BROAD TRENDS in domestic terrorism can be identified throughout the past four decades. These trends demonstrate the fluidity of causes that can inspire acts of terrorism within a culture. A society as large, diverse, and complex as the United States can be expected to continue to yield divergent concerns and beliefs among groups and individuals who view extreme actions as the most effective means to convey their sentiments. An appreciation of the largescale shifts in terrorist trends may assist law enforcement in understanding general patterns in the threat posed by domestic extremists over several decades. The emerging challenges confronting the law enforcement community underscore more than ever the importance of interagency cooperation, effective analysis, and aggressive investigation to counter these threats.
www.clickonit.com www.jags-online.com
Our Demise is Significantly Overstated The United States? Long term is Incandescent
by: Geoff Ficke
As we slog along underneath the complete weight of the present economic calamity, there is significantly weeping and gnashing of teeth about the long term of the United States. Several of our countries fiercest enemies and critics are gloating over their perception that our wave has crested and we have entered a period of steep decline as an financial, military and cultural power. Amongst the citizenry, there is a palpable sense that the nation is on the incorrect track. In reality this has ever been so.
The 19th century Canadian politician Wilfrid Laurier the moment famously spouted, “the 19th century was the century of the United States. I feel we can claim that it is Canada that shall fill the 20th century”. Oh really! Now I really like Canada and Canadians. They create great comedians like Jim Carrey, John Candy and Rick Moranis, wonderful hockey players, the moose hunting is remarkable and Labatt’s is a terrific brew. The Canadians prospered nicely in the 20th century, but by any measure Mr. Laurier’s observation was traditional balderdash. He is but one particular of a lengthy chorus of critics that prematurely dismissed American prospects to their regret and embarrassment.
The latest President of Russia, Dmitry Medvedev has blamed the United States solely for the global financial crisis, assigned blame for Russia’s thuggish unilateral military invasion of tiny Georgia on American policy and stated that America would descend to 2nd tier status as a global power. This from the leader of a nation with a declining population, staggering levels of alcoholism and drug abuse, clepto-capitalism, a military hobbled by desertion and archaic weapons systems, declining productivity and a complete lack of innovation. How brilliant is the future of the average Russian eking out a living in Vladisvostock?
There are constantly doubters and cheerleaders fueling the notion that America is in decline. The Soviet and Eastern European Communists, for 70 years predicted they would conquer us. Nikita Kruschev famously shouted at the United Nations, “we will bury you”. Saddam Hussein and Al Qaeda believed that we would in no way stand and fight shedding blood and treasure, just to preserve our freedoms. Hussein is dead and Bin Laden is hiding in a cave as a outcome of their misjudgments and fundamental misunderstandings of our resolve.
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American uber-leftists like Michael Moore and Noam Chomsky travel the world trashing the United States. The capitalist method that has enabled the country to prosper and made the Moore’s and Chomsky’s rich, is continually denigrated and blamed for every single perceived malady we face. Capitalism is not best. It simply is the greatest engine for economic prosperity ever nevertheless developed.
Why will America emerge from our current troubles with a brighter, stronger future outlook than so numerous of our critic’s project? Basically place, America has the capacity to adapt and re-invent itself like no other nation or culture in history. We are much more receptive to immigrants than nearly any other nation and they continuously infuse the land with energy, creativity and continually stir the stew that helps make the United States so distinctive. Our society is the most fluid in the history of the planet. New suggestions are often emerging. America’s unique vitality separates us from most other nations that have static state centered economies.
There is no spot on earth, at any time in history, in which entrepreneurial activity is so valued and pursued as in America. This consistent blast of creativity bears fruit in so several advantageous methods. By means of hard operate, novelty and inventiveness, using the capitalistic economy, rule of law and home rights, entrepreneurs have the possible to construct enterprises that provide merchandise and services, income, employment and social benefits that make America uniquely dynamic. Occasions are challenging, but the will to do well is irrepressible.
One more reason the future for America is so bright in my estimation is our ability to laugh at ourselves. This country has a lot of sourpuss kinds, doomsayers, negativists and self-haters. Nonetheless, these “nattering nabobs of negativism” are overwhelmed by the sheer volume of Americans that revere the nation, value her innate precious goodness and have the potential to laugh at our collective foibles and faults. This is a trait of which we can, and must be proud. It is a trait that is found virtually nowhere else in the world.
We have survived wars, depressions, organic disasters, and terrorism. The fiscal problems we at the moment confront are in huge portion self-inflicted. We have not been diligent in demanding that our government act prudently above the final 75 years. We commit too significantly and save too little. We want much much more than we need to have. We confuse greed and envy with comfort and safety.
The country also just elected a black man, a minority, to be President of the United States. This could only transpire in America. Could a North African rise to such heights in France? Could a Turkish immigrant obtain the equivalent office in Germany? Could a Filipino laborer rise to these heights in the Middle East? Of course not! This nation, its values and possibilities, is the beacon of hope that ordinary men and women all above the world aspire to emulate.
This is a amazing time for every of us as citizens to take stock of our individual and societal circumstances and alter to a reality that is primarily based on actual wants, not the irrational pursuit of materialism. We should demand that politicians quit bribing us for our votes with promises of advantages that some long term generation will be saddled with having to pay for. This is the best feasible time for Americans to reflect, alter and re-energize this wonderfully dynamic nation.
“Terrorism in India”
Terrorism implies the policy of striking terror in the minds of the men and women by violent strategies to obtain some ends. It is a law of the jungle to use muscle power and force to get issues completed. It is a barbarian act. Of late, terrorism has grow to be the order of the day.
People who are disgruntled and who are unable to get their desires fulfilled by standard and accepted strategies in society are resorting to terrorism. Some othe4r causes for which terrorism is resorted to may be genuine like a protest from people to come out of bondage or fight for freedom. Even such causes do not assistance terrorism, when there are other channels and methods to solve the issue.
Terrorism has now grow to be an international phenomenon. There are terrorists in created and advanced nations as nicely as developing countries like India. We ought to find out the reasons for emergence of terrorism. There has been exploitation of the weak and the poor for centuries by the wealthy and the strong. All representations and appeals of non-violent nature failed to yield any response. Therefore the frustrated and the oppressed resort to violence as there is no other alternative. Such protests are also named terrorist activities. There is one more form, that is, where one particular utilizes force on the weak to obtain his ends sit may be to serve the cause of a religion, a language or to set up a new pattern of government.
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The communist movements which resort to force, and the armed protests which Netaji subhas Chandra Bose led, in the name of eh Indian National Army (I.N.A) can not be termed as terrorist activities. Protests like Khalistan Movement carried on earlier in Punjab, the armed protest marches of Assam and the L.T.T.E. Movement of Sri Lanka are not justifiable movements. They could usually use other forums of a non-violent nature if they have any grievances to be redressed. The hijacking of the Indian Airlines Plane in December 1999 is also one more ugly face of terrorism. The worst form of terrorism was that of Idi Amin of Uganda who let loose terrorism in his nation to serve his private ends. Whether terrorism is justified or not, it has of late turn into the regular approach for reaching one’s ends.
Terrorism is not confined to any place or activity. It is locating its spot in the elections carried out in our country to elect members to legislatures and parliament. A lot of a time the candidates are identified taking the aid of terrorists to win their elections, as violence has its very own place in and election campaign. As long as violence pays dividends significantly more quickly and is permitted to go unchecked, the animal in man favors its use rather of peaceful approaches.
Governments all over the globe are undertaking their very best to place and end to terrorism. There are a handful of who encourage and assistance terrorism in other countries to meet their own political ends. The U.N.O. also is unable to completely eradicate this evil, even although it is ready to contain it. But use of violence to verify violence is not a permanent resolution.
The only remedy to this evil seems to be the diagnosis of the root trigger for each act of terrorism and if there is a genuine purpose behind it, it is better to concede the demand. If terrorism is primarily based on troubles which are immoral and not acceptable, the positive and powerful weapon against it appears to be non violent “satyagraha” introduced by Mahatma Gandhi.
Waterboarding – Torture Or Countering Terror
After eight years of George W. Bush’s two terms as President of the United States, after eight years of uneasy peace and bloody war, of economic success and financial meltdown, of consolations and controversies, of applause and derision, Bush is history. All in all, and regardless of ceaseless, biased reports from the liberal mass media, Bush 2 hasn’t had all that bad a run.
Fred Barnes of the Weekly Standard listed Bush’s ten greatest achievements, citing first his refusal to buy into the Kyoto Accords and the man-made global warming fraud, a policy which our new president will probably reverse to the great detriment of the United States. That Bush decision must be considered a very notable if only temporary achievement because of that anticipated reversal. However, Bush’s second great success, according to Barnes’ estimation, should be at the top of any list of GWB’s great deeds.
Refusing to sign onto the global warming hysteria has to be runnerup as the most significant and most far reaching achievement of the Bush years.
Even Bill Clinton was wary of Kyoto, if for different reasons. National security is the paramount responsibility of any president and George Bush’s awareness of that reality counterbalances any of the man’s failures and errors, and malapropisms.
As Barnes writes of Bush’s second great accomplishment, “Along with use of secret prisons and wireless eavesdropping, [enhanced interrogation of terrorists] saved American lives. How many thousands of lives? We’ll never know. But, as Charles Krauthammer said recently, ‘Those are precisely the elements which kept us safe and which have prevented a second attack.’ “
One of the few terrorist detainees who was subjected to waterboarding, Khalid Sheikh Mohammed, “mastermind” of 9/11, ultimately cracked and spilled critical intelligence secrets, the extent of which remains unknown due to security concerns. Based on his prominent role in the upper echelons of al-Qaeda, we can only assume that what he revealed, thanks to waterboarding, saved untold American lives. It will be left to future historians to say how many.
Barnes is absolutely correct in writing that “We’ll never know” how many lives have been preserved by Dubya’s, and Vice President Dick Cheney’s, approach to terrorist interrogation and activities. Likewise, we will never know the number of lives that would have been lost nor the extent of the devastation and economic upheaval that would have resulted from a second, a third, or more attacks over the past eight years.
That devastation and upheaval could have been cataclysmic, and may yet be.
Since we have no other yardstick by which to gauge the possible effects of future attacks, we must refer to the events of 9/11/2001 as our only paradigm. However, that paradigm is deeply flawed. Those unprovoked attacks on our soil could eventually be regarded as mere pinpricks compared to what lay ahead. As horrific as they were, they may well be regarded as the work of rank amateurs if subsequent assaults involve the use of widespread and coordinated terrorism, dirty bombs, and nuclear, biological, and bacteriological weapons.
A primary tool that the Bush administration employed to extract information from high-profile terrorists was the much-criticized and rarely-used instrument of waterboarding. A word that only recently entered the American lexicon, waterboarding, according to an ABC news report on enhanced interrogation techniques, was one of various “harsh” tactics used on terrorist prisoners.
Waterboarding was judged the cruelest and harshest of all, after slapping, grabbing, forced standing, and chilly temperatures in their cells. With waterboarding, “The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.”
It’s indeed a barbaric, ghastly, technique but one which works and has worked and to his credit George W. Bush refused to condemn that very limited practice. To their discredit, Michael Isikoff of ABC and fellow Democrats chose to call waterboarding “torture.” However, unlike indisputable torture as practiced by our Islamic enemy, the subject is not scarred, nor maimed, nor murdered.
Contrast the alleged torture of waterboarding victims with the experiences of those on the upper floors of the World Trade Center on that fine morning in early September, 2001. They looked out those huge windows choking for air as the smoke and fire enveloped them while they made vain, desperate appeals for help and used their cell phones to make their final goodbyes to loved ones. Many chose the only viable option to being burned to death and leapt from a thousand feet above the pavement. Many others went down with the collapsing buildings.
Or, imagine the thoughts and gut-wrenching panic of those unfortunate passengers aboard United Airlines Flight 93. They ultimately understood the role they were playing in our war on terror and chose to fight rather than submit. All aboard, including babies, perished as their plane crashed into an open field in Shanksville, Pennsylvania.
Our liberal brethren, if they were to read this, would regard it as just another reactionary and excessively emotional piece about September 11th, 2001 as well as a vacuous defense of torture. I won’t deny the emotion but I will deny that it is “reactionary,” when that word is used as a derogatory term for reasonable observations. Nor is this a defense of torture, a subjective and relative term at best.
George W. Bush, Dubya, the forty-third president of the United States, was far from perfect, far from being an exemplar of what an American president should be. He was, however, the man who protected our nation after 9/11. He accomplished that feat, in part, by endorsing waterboarding and other harsh interrogation techniques which did not exceed reasonable limitations and preserved American lives.
Vice President Joe Biden did not put his foot in his mouth when he said that Obama would soon be “tested.” What Biden did, intentionally or not, was put Obama on notice that the United States will soon be attacked again. Whether Obama caught that hint will soon be obvious.
He tipped his hand on his understanding of the terrorist threat by nominating Eric Holder as Attorney General who recently said of enhanced interrogation techniques, “”It is my view, based on what I’ve had the opportunity to review and what I’ve been exposed to, that I think the Army Field Manual is adequate,” http://www.npr.org/templates/story/story.php?storyId=99450237
That despite testimony by more experienced hands than Holder’s and Obama’s and reams of evidence that waterboarding, etc. are far more effective than more orthodox approaches when it comes to extracting critical information. In the War on Terror, we are not dealing with an orthodox enemy.
May God bless President George W. Bush, President Barack H. Obama, and may He bless America. May God also make vividly clear to Obama that his primary goal must be to protect and preserve the nation. Absent success in that effort, nothing else really matters.
Exploring the National Park Service Web site
The National Park Service web site (www.nps.gov) assists organize all of the data that comes from trying to keep track of millions of acres of land in every single state. The NPS is a government entity that is responsible for overseeing all of the national parks that are situated in the United States.
The initial option you discover on the National Park Service home page is the user-friendly map of the total country and its territories. By operating your mouse more than the leading of the State of your choosing, a little window appears offering common data of the parks located within the State.
When you click upon the State, the website brings you rapidly to a state map detailing the national parks and monuments found inside of the selection. The degree of data does not cease here.
By basically deciding on the park of your choice, you will locate oneself on the park’s house page for you to peruse at your leisure.
The information discovered on these United States national parks web sites is thorough and seemingly endless.
If you look beyond the map on the property page, you will see sections on each the left hand side of the map and directly below the map. These links will manual you to thorough pages that describe the history of the NPS. You will also come across an educational section for teachers and students.
The background of the National Park Service spans centuries detailing the origins of several notable museums, collection, libraries, national parks and monuments (such as Robert E. Lee’s Memorial, and Lincoln’s boyhood property in Indiana). You could commit centuries exploring this information.
The nature and sciences section not only breaks down what wildlife and geographical capabilities inside of these United States national parks but it also tells about the science involved in guarding these environments to keep them untainted by civilization.
Also, it offers information on contests (like the National All-natural Landmarks Photo Contest) and challenges geared towards conserving nature.
The section for teachers and young children on the National Park Service’s website is one that anyone should search at, irrespective of age. There is a lot of entertaining and entertaining data about the national parks and monuments in the nation, and also class resources and curriculum for field trips – extremely useful for volunteers operating with young children!
Young men and women who pay a visit to this area can become WebRangers and play an on the internet game to investigate parks about the country or check out GoZone, entertaining actions kids can take portion in at certain parks. Whether or not you’re young or old, the National Park Service web site has something for everybody.
The Republicans in the Residence Have Voted to Cancel two New Programmes of the Obama Government
Article by Karen
Single Colour Mark: It’s Registrability in The United States And The United Kingdom
The concept of non-traditional trademarks is an innovative concept as it introduces an entirely new family of marks discrete and distinct from the traditional trademarks. A trademark ordinarily comprises of a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or any combination thereof and a general perception about it is that it is a static, two-dimensional word, design or logo used to identify a product or service . But this family of Non-traditional trademarks on the contrary comprises of a number of different types of trade marks which do not belong to the conventional category, of words, numerals, pictorial and logo marks, or any combination of these marks, and yet serve the essential purpose of a trade mark by identifying the products or services as being from a particular undertaking. Non-conventional trademarks may therefore be visible signs (eg. colours, shapes, moving images, holograms), or non-visible signs (eg. sounds, scents, tastes).
As such, non-traditional trademarks comprise of marks based upon sound, texture, three-dimensional shape, taste and smell and following members comprise it:
1. Colour marks
2. Sound marks
3. Smell/Scent/Olfactory marks
4. Shape marks
5. Moving Image marks
6. Holograms
7. Gesture marks
8. Taste marks/Gustatory marks
9. Feel marks/tactile marks
10. Celebrity marks
11. Digital marks
12. Trade Dress
These trademarks are exceptional and unique in nature because unlike their traditional counterparts, they are sometimes non-ocular eg: sound, smell, feel and taste; some are not static like moving image marks and digital marks; and others such as gestures and holograms, which have revolutionized both the fields of trademark law and marketing. Some of these have been more widely accepted in recent times as a result of legislative changes and the broad-mindedness of the judiciary, which have cumulatively led to the expansion of the definition of the term ‘trademark’. The definition of the term ?trademark? varies from nation to nation. A few countries like United States of America, most countries forming the European Union like Germany, the Benelux countries, United Kingdom, etc. have given recognition to non-traditional mark thereby including colours, sounds, smells, etc. in their definitions. Some countries on the contrary have chosen to not make amendments to their
trademark laws to include these marks and are still restricted only to a static, two-dimensional trademark.
The International scenario on the contrary is rapidly changing. International treaties, Documents, Directives dealing with intellectual property, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights, NAFTA (North America Free Trade Agreement), the EU Harmonization Directive and the EU Regulations, are giving recognition to non-traditional trademarks, in one form or the other.
Besides being internationally recognized, non-traditional trademarks have been accorded the same status by the national laws of various nations, through both legislations and the efforts of the judiciary as has been briefly discussed above. Like for instance in the United Kingdom, colours have been granted trademark protection when used in specific, limited contexts such as packaging or marketing. The particular shade of turquoise used on cans of Heinz baked beans can only be used by the H. J. Heinz Company for that product. In another instance, BP was granted the exclusive right to use green on signs for petrol stations. In the United States also, it is possible, in some cases, for colour alone to function as a trademark. Originally, colour
was considered not a valid feature to register a trademark Leshen & Sons Rope Co. v. Broderick & Bascom Rope Co. . Later, with the passage of the Lanham Act the United States Supreme Court in the case of Qualitex Co. v. Jacobson Products Co. , would rule that under the Lanham Act, subject to the usual conditions, a colour is register able as a trademark.
Other marks like sounds are register able in many countries. Although these possible trademarks have not yet reached a high acceptance among lawyers, jurists and the courts, they are of common use in marketing and practitioners are familiar with the sensory signs as an essential part of an innovative trademark and product strategy. Thus all sensory signs such as audible, visual, gustatory, tactile and olfactory have become part of such developments. These non-traditional trademarks go beyond the simple words and designs that businesses have long used to distinguish their goods from those of other companies. Some examples of registration of non-traditional trademarks are like the floral scent of thread, the colour pink has been registered for insulating material and a pattern of chimes has been allowed registration for the broadcasting of television programmes. My third issue deals specifically with the Colour Trademarks and it has been explained in detail under the subsequent sub-heads.
Colour Trademarks
Due to the invention of colour television and the new possibilities in the print industry, colour has increased in importance in both the advertising and the packaging industry. Businesses pay more attention to colour as it can have more effect on sales because people have colour preferences and they also sometimes associate it with their culture. For instance the colour black represents evil in western countries, red is a symbol of luck and happiness in China, etc.
Thus colours and colour combinations play an important role in distinguishing products in the marketplace, and are particularly useful where consumers do not easily understand traditional trademarks. This could be due to low literacy rate in that area, or because of the reason that the traditional trademark is written in a different language altogether incomprehensible by the consumer. So colour marks assume added importance because they overcome the language or cultural barriers faced by traditional words or device marks. In such circumstances a colour which has long been associated with a particular product only, sometimes tends to inform the illiterate and ignorant consumer about its source.
For instance the colour purple can be recalled as the colour of Cadbury Chocolate even if the words Cadbury Chocolate are written in Chinese, Japanese or any other language. It is thus axiomatic that when a mark or a sign is capable of identifying its source and indicates a connection in the course of trade between the goods or services and some person having the right, either as a proprietor or by way of permitted user, to use the mark, whether with or without any indication of the identity of that person, the mark can be elevated to the status of a registered trademark. As a result businesses try to choose colours with a maximum psychological appeal, visibility and symbolism to represent their products.
A Single Colour mark though known to all and sundry previously, has actually come to be recognized as a potential trademark, lately, therefore, it can be called as a non-traditional trademark. A Single Colour has been considered registrable as a feature of a mark . Over the last few years the number of applications for registration of colour marks has been swelling. Colour marks found their way to the mainstream because of the dire need for more innovative concepts to grab the attention of the consumers and mesmerize them. Moreover, it is a proven fact that people get more attracted towards things that are colourful and hence look beautiful.
Exploiting this predisposition of human beings, companies and large businesses have introduced either colours per se or a combination of colours for making their products, attractive, conspicuous and eye-catching. The legal aspect to this strategy is that the colours per se should be protected by the businesses in their own name as their legitimately protected trademark, but their registration is a Herculean task for the companies due to the numerous and diverse formalities and pre-requisites standing in the way of final registration.
A single colour considered in the abstract, is capable of becoming a trademark, but it faces certain obvious hurdles in order to get itself registered. It has been held that a single colour is never inherently distinctive . Unless the mark is for very specific goods or for a very specific clientele, or comprises a colour or shade which is extremely unusual and peculiar in the relevant trade, it cannot have inherent distinctiveness.
The examination of single colours thus requires very careful analysis since the effect of acceptance is to bar competitors from using those colours. Accordingly, to seek registration of a colour mark on the Principal Register, it must be shown that the colour mark in question has acquired distinctiveness. The courts and the Trademark Office examine the following several factors in attempting to ascertain whether a single colour has achieved secondary meaning:
a) Extent of Third Party Use
b) Sales and Advertising
c) Use of Trademark Legend
d) Promotional Items
e) Sales Calls
f) Monitoring Competition
g) Consumer Studies
h) Unsolicited Media Coverage of the Product that Highlights the Colour in question
i) Consumer Letters and Inquiries
According to Section 45 of the Lanham Act, 1946 the term trademark includes ?any word, name, symbol or device, or any combination thereof:
(i) used by a person, or
(ii) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.
Further the preamble of section 2 of the Lanham Act states that: [n]o trademark * * * shall be refused registration on the principal register on account of its nature,? unless one or more specific exceptions to register ability set forth in that section apply. * * *
The definition of a trademark under section 45 does not patently identify colour mark as a trademark, but it also does not specifically exclude it. This statutory definition is broad enough to encompass non-traditional trademarks and that existing statutory and common law principles would suffice to ensure that only those non-traditional trademarks that meet the essential requirements of a trademark are monopolized. Through legislation and through several decisions, the Courts of United States of America have recognized, registered and protected colour, both as a combination and a colour per se. The jurisprudence under the Lanham Act developed in accordance with the statutory principle that if a mark is capable of being or becoming
distinctive of applicant’s goods in commerce, then it is capable of serving as a trademark. Section 2 of the Act further clarifies the position by stating that no trademark shall be refused registration on account of its nature unless one of the stated exceptions listed in the statute applies. And since a colour does not figure out in any of the exceptions, its registerability cannot be per se challenged.
Previously, the scope of the term trademark was restricted to traditional forms of trademark only, but gradually, under the Lanham Act, trademark registration became available to many types of previously excluded indicia, one being a single colour mark. Change was gradual and evolutionary. It was previously declared to be non-registerable in a catena of judgments in the United States of America, but later on came to be recognized as a trademark. The mark has indeed had a chequered history and its progress to its current stature shall be depicted through two phases- First phase will show the position before the decision in the case of Qualitex Co. v. Jacobson Products Co. Inc., and the subsequent phase would demonstrate the position after this decision.
Phase I: Position Before The Qualitex Decision
Initially, a colour mark was not considered as a trademark. The rationale underlying the conception was that it?s a weak mark as it cannot identify and indicate the source of the goods to the consumer. This can precisely be perceived from a catena of judgments, the earliest of which is of Leshen & Sons Rope Co. v. Broderick Jacobson Products Co. , wherein the court refused registration to a single colour mark saying that it could not serve the function of a trademark and so was not capable of registration. In a similar case of Diamond Match Co. v. Saginaw Match Co. , also the court refused registration to a single colour on the same rationale as stated above. Thereafter, in 1949 following the same ideology, in the case of Campbell Soup Co. v. Armour & Co. , the Court of Appeals denied the rights in the familiar horizontal red and white Campbell’s Soup labels to the proprietor. In all the three aforementioned cases, ostensibly, the court got swayed by the rationales of Colour Depletion or Colour Monopolization and Shade Confusion
Former, connotes that already there are less easily discernible colours and once all are taken in an industry, the new entrant, may be deprived of a needful element of competition. In other words, if a valid trademark registration is given to a colour, then the proprietor of it would enjoy an exclusive right to use that colour, thereby preventing any other from using it. This in turn would lead to a depletion of colours. The second justification given by the Third Circuit court means that the single colour would create confusion in the minds of consumers as there would be others also who would be using a similar shade to market their products. This might lead the consumers to believe that the goods of other manufacturers are those of the proprietor of the colour mark, who is using a similar shade. The traditional rule, however, did not absolutely bar the registration of colours. It allowed the registration of a colour only if it was an integral part of an arrangement of colours, symbols or words, but a colour per se was not so allowed.
Court in the case cited in the previous paragraph clearly stated, if color be made the essential feature, it should be so defined, or connected with some symbol or design, that other manufacturers may know what they may safely do.However, there was a twist in the law through the case of In Re Owens-Corning Fiberglas , in which the Court of Appeals for the Federal Circuit broke with this tradition, declining to state a general rule against registration of colours as marks, stressing that each case should be judged on its particular facts. In this case the court found that the colour pink could be registered as a trademark for the applicant’s fibrous glass residential insulation.
The court noted that the colour had been arbitrarily chosen and served no utilitarian purpose in connection with the product. It elucidated that while the colour by itself was not inherently distinctive, it had acquired a secondary meaning i.e. the public had come to associate the colour as an indication of origin. This was due to the applicant’s pink panther advertising, which emphasized the colour of the product. But even after this judgment, during the following decade, there was a marked
disagreement amongst the courts on this issue. While the Court of Appeals for the Eighth Circuit aligned itself with the Federal Circuit’s view, the Seventh and the Ninth Circuits refused to recognize colour alone as a trademark. This ideology thus kept on haunting the registration of single colour trademarks till the landmark judgment of the U.S. Supreme Court in the case of Qualitex Co. v. Jacobson Products Co. Inc.
Phase II: Position After The Qualitex Judgment
In the case of Qualitex Co. v. Jacobson Products Company, Inc. , the Petitioner is the Qualitex Company that had been using a special shade of green-gold colour to the dry cleaning press pads that it had been manufacturing since 1950′s. After the respondent Jacobson Products (a Qualitex rival) began to use a similar shade on its own press pads in 1989, Qualitex registered its colour as a trademark in year 1991 and added a trademark infringement count to the suit that it had previously
filed challenging Jacobson’s use of the green-gold colour on the press pads. Qualitex won in the District Court, but the Ninth Circuit set aside the judgment on the infringement claim because, in its opinion the Trademark Act of 1946 (Lanham Act) did not permit registration of colour alone as a trademark. Then the writ of certiorari was filed in the United States Supreme Court by Qualitex Co., which reversed the decision of the Ninth Circuit. Breyer, J., expressing the unanimous view of the court, held that,
(1) the Lanham Act permits the use of a colour, pure and simple, as a trademark
(2) a colour may sometimes meet the basic legal requirements for use as a trademark, and
(3) no arguments were presented that would justify a special legal rule preventing colour alone from serving as a trademark.
The court observed that the Lanham Act gives a seller or producer the exclusive right to “register” a trademark and to prevent his or her competitors from using that trademark. Both the language of the Act and the basic underlying principles of the trademark law would seem to include colour within the universe of things that can qualify as a trademark because the language of the Lanham Act, 1946 describes that universe in the broadest of terms. It stipulates that trademarks “include any word, name, symbol, or device, or any combination thereof.” Since human beings might use as a “symbol” or “device” or almost anything, all that is capable of carrying meaning, this language, read literally, is not restrictive. The courts and the Patent and Trademark Office have also authorized for use as a mark a particular shape of a Coca-Cola bottle , a particular sound of NBC’s three chimes , and even a particular scent of plumeria blossoms on sewing thread . So if a shape, a sound, and a fragrance can act as symbols why, one might ask, can a colour not do the same.
Just as a single colour mark has found place in the Trademark law of United States of America through judicial pronouncements, it has been successful in making its presence felt in the Trade Mark law of United Kingdom too. Section 1 of the U.K. Trade Mark Act, 1994, stipulates that a trademark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings and that a trademark may, in particular consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging. The definition though, does not expressly make a mention of colour as a trademark, but it obviously does not lead to the conclusion that colour has been excluded from it. Similar to the definition of a trademark under the Lanham Act, 1946,
this definition too is inclusive and the United Kingdom has indeed come to recognize and register colours as trademarks, the glaring examples of which are- the colour silver in connection with anthracite briquettes, the colour red applied to the pin of a shackle, three red bands on the handle of tennis, badminton, and squash rackets and the colour green applied to the exterior surface of a building.
Such recognition and acknowledgment of the colour mark can be attributed to a few international agreements and treaties. One such very important agreement is the Agreement on Trade-related Aspects of Intellectual Property Rights (hereinafter the TRIPS Agreement), which was approved on behalf of the European Community by a Council Decision . Article 15(1) of TRIPS identifies the scope of a trademark as, Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trade mark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combinations of such signs, shall be eligible for registration as trade marks. Where sings are not inherently capable of distinguishing the relevant goods or services, Members may make registerability depending on distinctiveness acquired through use.
Members may require, as a condition of registration, that signs be visually perceptible. This definition thus indicates that any sign that is capable of distinguishing the goods or services of one undertaking from those of other undertakings, that is either inherently distinctive or in the absence of inherent distinctiveness, has acquired distinctiveness and can be visually perceived, shall be capable of constituting a trademark. To further substantiate the acknowledgment of colour mark as a trademark, Article 2 of the Council Directive (89/104/EEC) of December 1988 is worded as follows:
A trade mark may consist of any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings. Article 3 of the Directive, headed Grounds for refusal or invalidity provides:
The following shall not be registered or if registered shall be liable to be declared invalid:
(a) signs which cannot constitute a trade mark;
(b) trade marks which are devoid of any distinctive character;
(c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods;
(d) trade marks which consist exclusively of sings or indications which have become customary in the current language or in the bona fide and established practices of the trade;
Nowhere in the above-mentioned legislative provisions is a colour mark excluded, but still there is need to examine this question in the light of judicial pronouncements. This extreme scenario was thus put before the Court of Justice in the case of Libertel Groep BV v. Benelux-Merkenbureau . Though this case was not decided by a U.K. Court, yet it has an immense significance and bearing on the issue being discussed currently. It being a landmark judgment dealt with the various aspects/issues involved in the registration of a single colour mark. It clearly and emphatically acknowledged the requirement of distinctiveness, either inherent or acquired of the colour mark and said that such an assessment should take the interests of third parties into account.
As regards the pre-requisite of graphical representation, the court cited the judgment of Sieckmann’s case wherein the principle of graphical representation was elucidated by stating that it should be clear, precise, self-contained, easily accessible, intelligible, durable and objective. In this case, Libertel had applied for the registration of the colour orange per se and in the box for reproducing the trademark, the application form contained an orange rectangle and in the space for describing the mark it contained, the word orange without reference to any colour code. The court held that a mere sample
of a colur is not durable enough, as it may fade. In other words, a colour sample on its own would not satisfy these criteria because it would be prone to deterioration. And it may also change slightly depending on the background on which it is printed or put. Thus the sample coupled with the verbal description and the internationally recognized colour identification code of the colour should be stated in the application.
The international colour identification code such as the Pantone® system, RAL, etc. could be acceptable for these purposes.
Whilst protecting the registered single colour marks, unregistered colour marks have also been protected under the theory of passing off. However, the Court also noted that it was legitimate to take into account the desirability of keeping available colours for use by competitors operating within the same field. Whilst in principle a colour per se may have sufficient distinctive character to be registerable, members of the public would not necessarily view a colour per se in the same manner as a word or figurative mark. As such, the Court stated that in the case of an application for a colour per se, it was inconceivable that such a mark would be deemed distinctive, save in exceptional circumstances and particularly where the number of goods or services for which the mark is claimed is very restricted and the relevant mark is very specific.
From this it can be deduced that there is no blanket embargo on the registration of a single colour as a trademark, according to the courts of United Kingdom. As consumers are not in the habit of making assumptions about the origin of goods based on their colour, or the colour of their packaging, in the same way they do with a word or figurative mark, a colour by itself is not normally inherently capable of distinguishing the goods of a particular undertaking. However, a colour can acquire distinctiveness through use after the normal process of familiarizing the public has taken place. When assessing distinctive
character, the court must make the examination by reference to the actual circumstances of use and not simply in the abstract.
Terrorism: the warfare of the Cannibals … Is there a issue in the Kashmir-Valley ???
Bharath Bushan Layman
9/11 & 26/11: the lessons un-Learned.
Terrorism: the War-fare of the Cannibals.
Learn the Lions, Tigers and the Lambs of the Indian Political Jungle
This publication is devoted to the fight against worldwide-terrorism which is being applied as a Warfare by the Cannibals.
Bharath Bushan Layman hereby lays his floral tributes before the souls of Abraham Lincoln, Mahatma Gandhi, John F.Kennedy, Indira Gandhi, Rajive Gandhi and Benazir Bhutto.
And the ladies and gentlemen from eightysix nations who have been burnt alive on the Black-Tuesday of the 9/11.
And umpteen other people who happened to turn into the sacrificial victims of International-Terrorism aided and abetted by either Religious or Ethnic fundamentalists functioning from rat-holes all around the globe.
Bharath Bushan Layman hereby launches his battle.
Bharath Bushan Layman.
The Islamic Terrorism
Is there a problem in the Kashmir-Valley.
In basic , the planet population is classified on the basis of religion. Christianity is the world’s largest neighborhood. Islam is the second largest and Hinduism the third. The Chinese religions are excluded from the list, simply because China doesn’t encourage religious activities in that nation and so the exact standing of Shintoism, Confucianism and Budhism is not available.
Even although Christianity is the greatest bloc, there is only one country in the globe, which can be called as Christian, and that is the United Kingdom in Europe. The U.K. is the only country in the globe, which is ruled in the name of Lord Jesus Christ. The Arch Bishop Of Canterbury of the Church of England is the sole authority who is vested with the duty to anoint the King/Queen of the United Kingdom. Although the U.K. is a democratic nation, the constitutional head of the state is the King/Queen. The King/Queen rules the nation in the name of Lord Jesus.
The only other component of the globe which comes under Christian rule is the Vatican city. But it doesn’t deserve the standing of a country. It is only .four Sq. Kilometer (100 acers) in extent, and it is the domain of the Pope, who is the head of the Roman Catholic Church, and practically all of the population belong to he clergy of the Church.
The world community approves and acknowledge the classification of the population on the basis of religion. But of late, we see a tendency to classify the land location also, according to religious basis. Islam and its scholars are behind the move to classify the surface of the earth on the basis of religion.
They claim that the West Asia, lying east of Egypt and west of India is Islamic. According to Islamic scholars, Indonasia, Malasia and Bengla Desh also are Islamic land areas. The Jammu-Kashmir state of India lies adjacent to Pakistan. The Jammu-Kashmir state is consisted of the Jammu and Kashmir regions. Of these the Kashmir region is getting a Muslim majority, and so the Muslims say that Kashmir is an Islamic land area and they plead that Kashmir must either be annexed to Pakistan or liberated as an Islamic country. This is the quint-essence of the Kashmir Issue.
The partition of the British India took place just before independence on the 15th of August 1947. In among the partition and the independence, there was a void in the watch and ward along the border between India and Pakistan. This void was cleverly utilized by the Pak tribal war-lords, and they forcefully occupied a very significant location of land in the western element of the Kashmir Valley. The Pakistan government, not only refused to oblige the demand of India to vacate the land, but staked a fresh claim above the eastern part also of the Kashmir Valley, claiming that, the eastern Kashmir also is Islamic.
The land location occupied by the Pakistani tribal war-lords is earmarked as the Pakistan – occupied – Kashmir (the PoK). The Jammu and Kashmir regions have been under the rule of Raja Hari Singh, and according to an amalgamation agreement in between the king and the government of India, the entire region of the Kashmir Valley is portion parcel of the Indian Republic.
Although the government of India has a genuine claim above the PoK, India had not gone for a war, for the sake of the peace and tranquility in the area. But Pakistan is nevertheless heading with its claim more than the eastern Kashmir and it is for the liberation of this territory the Pak Killer Mullahs are striving for. The complete toll of the butchery by the Pak Killer Mullahs of the Kashmir Valley is over a hundred thousands, and the slaughter nevertheless continues.
All more than the nations where we have the democratic type of governance, it is mandatory to send the young children to public colleges to graduate right after completing the ten + two degree academic training. Plus two level training is treated as the fundamental qualification for an person to begin public existence. Following graduation, an person is free either to work or search for increased studies. But in the theological states like Islamic nations, the situation is entirely various.
In Islamic countries, the elites send their kids to the colleges in America or Europe, and the poor send their children to the nearby Madrassas. In the Madrassa, the curriculum incorporates only the study of Arabic and Quoran. Right after completing the lower classes, the brighter students are chosen for increased research in the seminaries meant for training priests. There the curriculum consists of the research of Islamic fundamentalism and terrorism.
The preachers motivate the inmates to sacrifice their lives for Islam and Allah. The youths who pass out of the seminaries are qualified priests of Islam, and they are referred to as as Moulavis or Mullahs, and it is these Mullahs who undertake the terrorist missions. Every single and every single Mullah is educated to kill and to die as a suicide bomb.
Now let us come back to the Kashmir Valley.As per the terms and circumstances of the Partition of India agreement, the whole area coming under the Kingdom of Jammu – Kashmir, which was ruled by Raja Hari Singh is part and parcel of the Indian Republic. But the Pak Killer Mullahs claim that the entire Kashmir area becoming Islamic, should either be annexed to Pakistan or liberated as an Islamic nation.
The period in in between the partition and independence witnessed widespread communal riots all more than India except the southern states. In the Pakistani territories, the Muslims killed as much Hindus as probable and chased the balance into the Indian territories. The Hindu RSS also killed as much Muslims as feasible in the Indian territories and chased the balance into east and west Pakistani territories. But Mahatma Gandhi prevented the Hindu RSS from killing the Muslims who lived in India and urged the Indian Muslims not to flee and to continue to reside in India for ever.
This initiative by the Mahatma provoked the Hindus who were chased from the Pak territories, right after looting all their ancestral belongings in the Pak territories. It was at this time they observed Mahatma Gandhi stopping the anti-Muslim riots and his urge to the Indian Muslims to stay back in India. This created the Hindu refugees turn against Mahatma Gandhi, and their ire grew out of all proportions, and eventually paved the way into the assassination of the Father of the Nation.
In the view of the Hindu RSS, the Indian Muslims had been given their share of the land region, and consequently they have to shift to Pakistan. This view cannot be ruled out with ease. The RSS was founded for the welfare of the Hindus and they nonetheless maintain the view that the eviction of the Muslims from India is an crucial issue governing the welfare of the Hindus in India. The Hindu RSS earmarked Mahatma Gandhi as anti-Hindu and judged that the Mahatma didn’t deserve to exist alive in India.
The Indian Muslims owe as well considerably to Mahatma Gandhi for their peaceful existence in India. But they had forgotten every single thing the Mahatma had done for them. They forgot that Mahatma Gandhi had sacrificed his life for the sake of the Indian Muslims. Even though the Indian Muslims chose to stay back in India, they haven’t nevertheless accepted India as their motherland. According to the Indian Muslims, Pakistan is their actual motherland, and they extremely much like to see Pakistan defeating India and annexing it to Pakistan, due to the fact India is 2nd only to Indonesia in Muslim population, and they feel that India also is an Islamic land place.
There are so a lot discussions about a referendum in Kashmir to choose its future. Yes , there should be a referendum, but that should not be limited to the Kashmiri Muslims alone. The referendum must be held amongst the entire Muslim population in India . And if the majority of the Muslim population in India opt Kashmir to Pakistan, then and there the whole Indian Muslims should quit India and shift to Pakistan. Adequate is enough. Let the Pakistani Muslims go to Pakistan and live there for ever. Leave India alone. India can’t afford another partition, but can quite well afford to exist without the Pakistani Muslims in its territory.