Trademarks with a reputation:bridging the 'logical lapse'

The article focuses on the Trade Marks Regulations 2004, which came into force on May 5, 2004. Regulation 7 repeals s 5(3)(b) and amends s 10(3) of the Trade Marks Act 1994, implementing the decision of the European Court of Justice in Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd., which was then confirmed in Adidas-Salomon AG and Adidas Benelux BV v Fitnessworld Trading Ltd. The orthodox definition of the primary and proper function of a trademark is that it is to identify the origin or ownership of the goods to which the mark is affixed. As society has changed so too have the functions of the trademark. Due to increased affluence and the growth of the consumer society, some trademarks may now have achieved the status of being a symbol of desire in their own right.

Orthodox Christianity and Nationalism:an introduction

On the morning of January 5, 1859, at the end of the liturgy in the Orthodox cathedral in Iaşi, the capital of the principality of Moldavia, Father Neofit Scriban addressed the congregation. He had given many sermons in the cathedral; however, on this par tic u lar date Father Neofit faced an unusual audience. Among the faithful who regularly worshipped at the relics of Saint Parascheva, the protector of Moldavia, were the members of the assembly who would decide the future of the principality. They had a specific mission: to elect a new prince, a key figure in their plan to unite Moldavia with the neighboring principality of Wallachia. Father Neofit, a supporter of the unionist cause and fully aware of the significance of the moment, stated: Brethren, Jesus Christ has said that "For where two or three have gathered together in My name, I am there in their midst." You, Brethren, are not two, or three, but a real gathering in the name of God. God is in your midst. You are here in the name of the Romanian nation [and] the Romanian nation is in your midst. On the flag under which you have assembled, the flag of the Romanian nation, great events, the Romanian faith, unity, are written in large letters. The church, which is founded on faith, blesses the flag of this faith⋯. You, Brethren, through the faith of the Romanian nation, by remaining faithful to this flag, will find the same strength as the church [finds] in its own saints. The faith of the Romanian nation was not, is not, and will not be anything else, but the unity of all Romanians in a single state, the only anchor of salvation, the only port in which the national boat could be saved from surrounding waves. You, Brethren, have gathered here in the church of Stephen the Great; looking at the altar that he raised to the God of your parents, I think that, through this [altar], you will be able to enter into the wishes of this hero of our nation. You, [remember that] by leaving this place, you are leaving [in order to fulfill] a great gesture that for many centuries has been lost for us; you are about to elect a successor to this great hero; therefore, as his true sons, you could not be anything other than the true expression of his wishes. Myself, [as] last year, from this altar, I said and I will continue to say that this great hero has told us that "the God of our parents will send us a Redeemer who will heal our wounds and accomplish our wishes." May your chosen leader today be the redeemer expected by the Romanian nation. May he heal its wounds and achieve its wishes. Therefore, Brethren, may your election today be that of a real Messiah of Romania. God and the world are looking at you, the church is blessing you and the whole Romanian nation is waiting for you!1 A few hours after Father Neofit's sermon, the assembly elected Alexandru Ioan Cuza to be the prince of the principality of Moldavia; a few days later, on January 24, 1859, the assembly of the neighboring principality of Wallachia decided that Cuza should also be their prince, thus confirming the unification of the two states. A new country was inscribed on the map of Southeastern Europe, titled "The United Principalities of Wallachia and Moldavia," also known as "The United Romanian Principalities".

Leading from the Edge: Marginal Leadership at Cultural Crossroads

If a church reflects its larger community, it will have more dynamic interactions among different people. Current U.S. communities consist of very diverse people who have different socioeconomic and cultural backgrounds. Since the mid 20th century, various immigrant communities who have dissimilar cultural, religious, and linguistic traditions have accelerated the need of change in American churches. The drastic cultural change has demanded churches to equip their lay and clergy leaders with multicultural competencies for effective ministries.

My thesis explores imaginative leadership in cultural crossroads. Emphasizing the leadership imagination of cross-cultural ministry, I approach it in biblical, theological, and missional perspectives. In this dynamic cultural milieu, the study topic may help the church renew its ecclesial purpose by seeing cross-cultural ministry as a creative opportunity to reach out to more diverse people of God. I begin with a conceptual framework for cross-cultural ministry and cultural intelligence. Then I explain why cross-cultural ministry is significant and how it enhances the spirit of Christ Jesus. As I develop the thesis, I discuss leadership challenge and development in the cross-cultural ministry context. This thesis may contribute to equipping lay and clergy leaders by overcoming the homogeneous ‘in-group’ mindset in the church.

The primary focus is on developing marginal leadership of church in the post-Christendom era. Church leaders must creatively hold the tension between the current church context and Christian faith resources and seek a hopeful resolution as a third way through integrative thought process. While conventional leadership emphasizes a better choice out of the given options, marginal leadership takes time for integrative thought process to seek a new direction for the future. Conventional leaders take the center with their power, status, and prestige, but marginal leaders position themselves on the edge. Leading from the edge is a distinctive cross-cultural leadership and is based on the servant leadership of Jesus Christ who put himself as a servant for the marginalized. By serving and relating to others on the margin, this imaginative leadership may make appropriate changes desired in today’s American churches.

In addition to academic research, I looked into the realities of cross-cultural leadership in the local churches through congregational studies. I speculated that church leadership involves both laity and clergy and that it can be enhanced. All Christians are called to serve the Lord according to their gifts, and it is crucial for lay and clergy persons to develop their leadership character and skills. In particular, as humans are contextualized with their own cultures, church leaders often confront great challenges in cross-cultural or multicultural situations. Through critical thoughts and imaginative leadership strategies, however, they can overcome intrinsic human prejudice and obstacles.

Through the thesis project, I have reached four significant conclusions. First, cultural intelligence is an essential leadership capacity for all church leaders. As the church consists of more diverse cultural people today, its leaders need to have cultural competencies. In particular, cross-cultural leaders must be equipped with cultural intelligence. Cross-cultural ministry is not a simple byproduct of social change, but a creative strategy to open a door to bring God’s reconciliation among diverse people. Accordingly, church leaders are to be well prepared to effectively cope with the challenges of cultural interactions. Second, both lay and clergy leaders’ imaginative leadership is crucial for leading the congregation. While conventional leadership puts an emphasis on selecting a better choice based on the principle of opportunity cost, imaginative leaders critically consider the present church situations and Christian faith values together in integrative thoughts and pursue a third way as the congregation’s future hope. Third, cross-cultural leadership has a unique characteristic of leading from the edge and promotes God’s justice and peaceable relationships among different people. By leading the congregation from the edge, church leaders may experience the heart of Christ Jesus who became the friend of the marginalized. Fourth, the ‘homogeneous unit principle’ theory has its limit for today’s complex ‘inter-group’ community context. The church must be a welcoming and embracing faith community for all people. Cross-cultural ministry may become an entrance door for a more peaceable and reconciling life among different people. By building solidarity with others, the church may experience a kingdom reality.

This thesis focuses on the mission of the church and marginal leadership of church leaders in ever-changing cultural crossroads. The church becomes a hope in the broken and apathetic world, and Christians are called to build relationships inside and beyond the church. It is significant for church leaders to be faithfully present on the margin and relate to diverse people. By consistently positioning themselves on the margin, they can build relationships with new and diverse people and shape a faithful life pattern for others.

Metaphysics of love in the religious philosophy of Pável Florensky

This article focuses on the analysis of the concept of love in the religious philosophy of Pavel Florensky, who shares the ontological approach to the consideration of love with other representatives of Russian religious philosophy (N. berdyaev and S. bulgakov). We pay more careful attention to the understanding of love-άγαπαν by Florensky. We have drawn the conclusion that, in the philosophy of P. Florensky, Love, closely connected with truth and beauty, is considered an ontological basis existence of personality. We develop the ideas of Pavel Florensky, and accordingly assume that it is possible to synthesise love-agape and love-eros around the idea of sacrificial love. Agapelogical and erotical ‘bezels’ of one jewel of love is aspects of united love, which is given by God. this gift of God, the gift of united love, is kept by humans through prayer and deeds of love.

What is the Point of Copyright History?:Reflections on Copyright at Common law in 1774 by H. Tomás Gómez-Arostegui

Copyright history has long been a subject of intense and contested enquiry. Historical narratives about the early development of copyright were first prominently mobilised in eighteenth century British legal discourse, during the so-called Battle of the Booksellers between Scottish and London publishers. The two landmark copyright decisions of that time – Millar v. Taylor (1769) and Donaldson v. Becket (1774) – continue to provoke debate today. The orthodox reading of Millar and Donaldson presents copyright as a natural proprietary right at common law inherent in authors. Revisionist accounts dispute that traditional analysis. These conflicting perspectives have, once again, become the subject of critical scrutiny with the publication of Copyright at Common Law in 1774 by Prof Tomas Gomez-Arostegui in 2014, in the Connecticut Law Review ((2014) 47 Conn. L. Rev. 1) and as a CREATe Working Paper (No. 2014/16, 3 November 2014).

Taking Prof Gomez-Arostegui’s extraordinary work in this area as a point of departure, Dr Elena Cooper and Professor Ronan Deazley (then both academics at CREATe) organised an event, held at the University of Glasgow on 26th and 27th March 2015, to consider the interplay between copyright history and contemporary copyright policy. Is Donaldson still relevant, and, if so, why? What justificatory goals are served by historical investigation, and what might be learned from the history of the history of copyright? Does the study of copyright history still have any currency within an evidence-based policy context that is increasingly preoccupied with economic impact analysis?

This paper provides a lasting record of these discussions, including an editorial introduction, written comments by each of the panelists and Prof. Gomez-Arostegui and an edited transcript of the Symposium debate.

The Reformed and Presbyterian world.

Mode of access: Internet.

Towards participatory political theology: democratic consolidation in Southeastern Europe and the role of Eastern Christianity in the process

This thesis defends the position that the Eastern Orthodoxy has the potential to develop, on the basis of its core concepts and doctrines, a new political theology that is participatory, personalist and universalist. This participatory political theology, as I name it, endorses modern democracy and the values of civic engagement. It enhances the process of democracy-building and consolidation in the SEE countries through cultivating the ethos of participation and concern with the common good among and the recognition of the dignity and freedom of the person. This political-theological model is developed while analyzing critically the traditional models of church-state relations (the symphonia model corresponding to the medieval empire and the Christian nation model corresponding to the nation-state) as being instrumentalized to serve the political goals of non-democratic regimes. The participatory political-theological model is seen as corresponding to the conditions of the constitutional democratic state. The research is justified by the fact the Eastern Orthodoxy has been a dominant religiouscultural force in the European South East for centuries, thus playing a significant role in the process of creation of the medieval and modern statehood of the SEE countries. The analysis employs comparative constitutional perspectives on democratic transition and consolidation in the SEE region with the theoretical approaches of political theology and Eastern Orthodox theology. The conceptual basis for the political-theological synthesis is found in the concept and doctrines of the Eastern Orthodoxy (theosis and synergy, ecclesia and Eucharist, conciliarity and catholicity, economy and eschatology) which emphasize the participatory, personalist and communal dimensions of the Orthodox faith and practice. The paradigms of revealing the political-theological potential of these concepts are the Eucharistic ecclesiology and the concept of divine-human communion as defining the body of Orthodox theology. The thesis argues that with its ethos of openness and engagement the participatory political theology presupposes political systems that are democratic, inclusive, and participatory, respecting the rights and the dignity of the person. The political theology developed here calls for a transformation and change of democratic systems towards better realization of their personalist and participatory commitments. In the context of the SEE countries the participatory political theology addresses the challenges posed by alternative authoritarian political theologies practiced in neighboring regions.

Simone Weil’s questions about God

We can say that the 20th century was not an era for seeking the truth in the first place. Philosophers and others were absorbed with the idea that we cannot know anything for certain. No one is able to claim that something is really true. However, we can find philosophers who were willing to die for the truth. We can discover them in the Orthodox, Catholic, and Protestant Churches. For example, father Pavel Florensky, a Russian philosopher and priest, played an important role in solving the problem of correlation between culture and religion. He died executed by the firing squad at the Solovki Gulag on December 8th, 1937. Another such philosopher was St. Edith Stein. She was martyred equally for the truth of the Catholic Faith and for the truth of Mosaic Faith. Edith Stein was put on a train heading for the East and died in the gas chambers of Auschwitz probably on 9th August, 1942. The third person, who died for the truth in those horrible times, was Dietrich Bonhoeffer. The integrity of his Christian faith and life led him to a concentration camp, where he was hanged on April 9th, 1945. Looking at those great people of European history in the 20th century, we can see some contrasts and similarities to the life and activity of a French thinker – Simone Weil. Simone Weil was looking for the truth all her life. She was Jewish, but she was attracted to Roman Catholicism and sure that the truth is in God. Simone Weil persuades us that it is at the same time possible and impossible to know God, because “Dieu ne peut ętre présent dans la création que sous la forme de l’absence”.

The Shrine of ʿAbd al-Qādir al-Jīlānī in Baghdad & the Shrine of ʿAbd al-ʿAzīz al-Jīlānī in ʿAqra: Mapping the multiple orientations of two Qādirī Sufi shrines in Iraq

This thesis charts the stakeholder communities, physical environment and daily life of two little studied Qādiriyya Sufi shrines associated with Shaikh ʿAbd al-Qādir al-Jīlānī (1077 – 1165 AD), a 12th century Ḥanbalī Muslim theologian and the posthumous founder of one of the oldest Sufi orders in Islam. The first shrine is based in Baghdad and houses his burial chamber; and the second shrine, on the outskirts of the city of ‘Aqra in the Kurdish region of northern Iraq, is that of his son Shaikh ʿAbd al-ʿAzīz (died 1206 AD). The latter was also known for lecturing in Ḥanbalī theology in the region, and venerated for this as well as his association with Shaikh ʿAbd al-Qādir. Driven by the research question “What shapes the identity orientations of these two Qādiriyya Sufi shrines in modern times?” the findings presented here are the result of field research carried out between November 2009 and February 2014. This field research revealed a complex context in which the two shrines existed and interacted, influenced by both Sufi and non-Sufi stakeholders who identified with and accessed these shrines to satisfy a variety of spiritual and practical needs, which in turn influenced the way each considered and viewed the two shrines from a number of orientations. These overlapping orientations include the Qādirī Sufi entity and the resting place of its patron saint; the orthodox Sunnī mosque with its muftī-imams, who are employed by the Iraqi government; the local Shīʿa community’s neighbourhood saint’s shrine and its destination for spiritual and practical aid; and the local provider of welfare to the poor of the city (soup kitchen, funeral parlour and electricity-generation amongst other services). The research findings also revealed a continuously changing and adapting Qādirī Sufi scene not immune from the national and regional socio-religio-political environments in which the two shrines exist: a non-Sufi national political class vying to influence and manipulate these shrines for their own purposes; and powerful national sectarian factions jostling to do the same. The mixture of stakeholders using and associating with the two shrines were found to be influential shapers of these entities, both physically and spiritually. Through encountering and interacting with each other, most stakeholders contributed to maintaining and rejuvenating the two shrines, but some also sought to adapt and change them driven by their particular orientation’s perspective.

BLACK SURVIVAL POLITICS: ORGANIZED MOBILIZATION STRATEGIES IN AFRICAN AMERICAN COMMUNITIES TO END THE HIV/AIDS EPIDEMIC

The purpose of this study is to examine organizational patterns of African American activism in response the HIV/AIDS epidemic. Given their political, economic, and social disenfranchisement, African Americans have historically developed protest and survival strategies to respond to the devaluation of their lives, health, and well-being. While Black protest strategies are typically regarded as oppositional and transformative, Black survival strategies have generally been conceptualized as accepting inequality. In the case of HIV/AIDS, African American religious and non-religious organizations were less likely to deploy protest strategies to ensure the survival and well-being of groups most at risk for HIV/AIDS—such as African American gay men and substance abusers. This study employs a multiple qualitative case study analysis of four African American organizations that were among the early mobilizers to respond to HIV/AIDS in Washington D.C. These organizations include two secular or community-based organizations and two Black churches or faith-based organizations. Given the association of HIV/AIDS with sexual sin and social deviance, I postulated that Black community-based organizations would be more responsive to the HIV/AIDS-related needs and interests of African Americans than their religious counterparts. More specifically, I expected that Black churches would be more conservative (i.e. maintain paternalistic heteronormative sexual standards) than the community-based organizations. Yet findings indicate that the Black churches in this study were more similar than different than the community-based organizations in their strategic responses to HIV/AIDS. Both the community-based organizations and Black churches drew upon three main strategies in ways that politicalize the struggle for Black survival—or what I regard as Black survival politics. First, Black survival strategies for HIV/AIDS include coalition building at the intersection of multiple systems of inequality, as well as on the levels of identity and community. Second, Black survival politics include altering aspects of religious norms and practices related to sex and sexuality. Third, Black survival politics relies on the resources of the government to provide HIV/AIDS related programs and initiatives that are, in large part, based on the gains made from collective action.

Neo-Dandy

Neo-Dandy was a practice-led research project that explored histories of a quintessential men’s and womenswear garment from across the ages — the formal white dress shirt. The aim was to generate a body of radically new mens’ shirts that, whilst incorporating characteristics normally associated with womenswear, would remain acceptable to male wearers. A detailed study identified a broad spectrum of historical design approaches, ranging from the orthodox man’s shirt to the many variations of the women’s blouse. Within this spectrum a threshold was discovered where the men’s shirt morphed into the woman’s blouse — a ‘design moment’ that appeared to typify the dandy figure (a fashion character who subversively confronts dress norms of their day). The research analysed thousands of archive catwalk images from leading contemporary menswear designers, and of these, only a small number tampered appreciably with the men’s white dress shirt — suggesting a new realm of possibility for fashion design innovation. This led to the creation of a new body of work labelled ‘Neo-Dandy’. Sixty ‘concept shirts’ were produced, with differing styles and varying degrees of detailing, that fitted the brief of being acceptable to male wearers, eminently ‘wearable’ and on a threshold position between menswear and womenswear. These designs were each tested, documented, and assessed in their capacity to evolve the Neo-Dandy aesthetic. Based on these outcomes, a list of key design principles for achieving this aesthetic was identified to assist designers in further evolving this style. The creative work achieved substantial public acclaim with the ‘Neo Dandy Collection’ winning a prestigious Design Institute of Australia Award (Lifestyle category) and being one of four finalists in the prestigious overall field for design excellence. It was subsequently curated into three major Brisbane exhibitions — the ARC Biennial, at Artisan Gallery and the industry leader, the Mercedes Benz Fashion Festival. The collection was also exhibited at the Queensland Art Gallery.

Neo-Dandy

Neo-Dandy was a practice-led research project that explored histories of a quintessential men’s and womenswear garment from across the ages — the formal white dress shirt. The aim was to generate a body of radically new mens’ shirts that incorporated characteristics normally associated with womenswear, whist remaining acceptable to male wearers. A detailed study identified a broad spectrum of historical design approaches, ranging from the orthodox man’s shirt to the many variations of the women’s blouse. Within this spectrum a threshold was discovered where the men’s shirt morphed into the woman’s blouse — a ‘design moment’ that appeared to typify the dandy figure (a fashion character who subversively confronts dress norms of their day). The research analysed thousands of archive catwalk images from leading contemporary menswear designers, and of these, only a small number tampered appreciably with the men’s white dress shirt — suggesting a new realm of possibility for fashion design innovation. This led to the creation of a new body of work labelled ‘Neo-Dandy’. Sixty ‘concept shirts’ were produced, with differing styles and varying degrees of detailing, that fitted the brief of being acceptable to male wearers, eminently ‘wearable’ and on a threshold position between menswear and womenswear. These designs were each tested, documented, and assessed in their capacity to evolve the Neo-Dandy aesthetic. Based on these outcomes, a list of key design principles for achieving this aesthetic was identified to assist designers in further evolving this style. The creative work achieved substantial public acclaim with the ‘Neo Dandy Collection’ winning a prestigious Design Institute of Australia Award (Lifestyle category) and being one of four finalists in the prestigious overall field for design excellence. It was subsequently curated into three major Brisbane exhibitions — the ARC Biennial, at Artisan Gallery and the industry leader, the Mercedes Benz Fashion Festival. The collection was also exhibited at the Queensland Art Gallery.

Feasibility and efficacy of a church-based intervention to promote physical activity in children

Background This study evaluated the feasibility and preliminary efficacy of a church-based intervention to promote physical activity (PA) in children. Methods The study was conducted in 4 churches located in 2 large metropolitan areas and 2 regional towns in Kansas. Churches in the intervention condition implemented the "Shining Like Stars" physical activity curriculum module during their regularly scheduled Sunday school classes. Churches in the control condition delivered the same content without integrating physical activity into the lessons. In addition to the curriculum, the intervention churches completed a series of weekly family devotional activities designed to promote parental support for PA and increase PA outside of Sunday school. Results Children completing the Shining Like Stars curriculum exhibited significantly greater amounts of MVPA than those in the control condition (20 steps/min vs. 7 steps/min). No intervention effects were observed for PA levels outside of Sunday school or parental support for PA; however, relative to controls, children in the intervention churches did exhibit a significant reduction in screen time. Conclusion The findings confirm that the integration of physical activity into Sunday school is feasible and a potentially effective strategy for promoting PA in young children.

Rossijskaja Karelija i karely v imperskoi politike Rossii, 1905-1917

Russian Karelians were one of the small peasant nations of the Russian Empire that began to identify themselves as nations during the late imperial period. At that historical moment Russian Karelia fell between an economically undeveloped empire and the rapidly modernizing borderland of Finland. The economic and cultural lure of Finland drew Karelians into the Finnish camp. This attraction was seen as a challenge to Russia and influenced the straggle between Russia and Finland for the Karelians. This struggle was waged from 1905 to 1917. This work is focused on the beginning stage of the struggle, its various phases, and their results. The confrontation extended into different dimensions (economic, political, ideological, church and cultural politics) and occurred on two levels: central and regional. Countermeasures against local nationalisms developed much earlier both in Russia and in other empires for use were also used in the Russian Karelian case. Economic policies were deployed to try to make relations with Russia more alluring for Karelians and to improve their economic condition. However, these efforts produced only minimal results due to the economic weakness of the empire and a lack of finances. Fear of the economic integration of the Karelians and Finns, which would have stimulated the economy of the Karelia, also hindered these attempts. The further development of the Orthodox Church, the schools and the zemstvos in Karelia yielded fewer results than expected due to the economic underdevelopment of the region and the avoidance of the Finnish language. Policizing measures were the most successfull, as all activities in Russian Karelia by the Finns were entirely halted in practice. However, the aspiration of Russian Karelians to integrate their home districts with Finland remained a latent force that just waited for an opportunity to push to the surface again. Such a chance materialized with the Russian revolution. The Karelian question was also a part of Russian domestic political confrontation. At the and of the 1800s, the Russian nationalist right had grown strong and increasingly gained the favor of the autocracy. The right political forces exploited the Karelian question in its anti-Finnish ideology and in its general resistance to the national emancipation of the minority peoples of Russia. A separate ideology was developed, focusing on the closeness of Karelians to the "great Russian people." Simultaneously, this concept found a place in the ultramonarchist myth of the particularly close connection between the people and tsar that was prominent in the era of Nicholas II. This myth assigned the Karelians a place amongst the "simple people" faithful to the tsar.

Models for engaging public-private partnerships in civil infrastructure projects: A case of ‘having your cake and eating it too’?

Public-Private Partnerships (PPP) are established globally as an important mode of procurement and the features of PPP, not least of which the transfer of risk, appeal to governments and particularly in the current economic climate. There are many other advantages of PPP that are claimed as outweighing the costs of PPP and affording Value for Money (VfM) relative to traditionally financed projects or non-PPP. That said, it is the case that we lack comparative whole-life empirical studies of VfM in PPP and non-PPP. Whilst we await this kind of study, the pace and trajectory of PPP seem set to continue and so in the meantime, the virtues of seeking to improve PPP appear incontrovertible. The decision about which projects, or parts of projects, to offer to the market as a PPP and the decision concerning the allocation or sharing risks as part of engagement of the PPP consortium are among the most fundamental decisions that determine whether PPP deliver VfM. The focus in the paper is on latter decision concerning governments’ attitudes towards risk and more specifically, the effect of this decision on the nature of the emergent PPP consortium, or PPP model, including its economic behavior and outcomes. This paper presents an exploration into the extent to which the seemingly incompatible alternatives of risk allocation and risk sharing, represented by the orthodox/conventional PPP model and the heterodox/alliance PPP model respectively, can be reconciled along with suggestions for new research directions to inform this reconciliation. In so doing, an important step is taken towards charting a path by which governments can harness the relative strengths of both kinds of PPP model.