A Case Study of North Face Company

Auditing Risks The client’s knowledge of the materiality thresholds that the auditor may apply when auditing the firm is very risky. The client may subvert the intention of the auditing procedures or may as well sabotage the integrity of the whole audit engagement.Advertising We will write a custom assessment sample on A Case Study of North Face Company specifically for you for only $16.05 $11/page Learn More Since auditors may acquire the client personnel documents so as to save costs as they perform other audit-related activities and prepare schedules for conducting the audit, the client may interfere with the entire process. The client may conceal some critical information from the auditor thereby decreasing the sample size for the audit, thus lowering the auditor’s materiality decisions. The client is likely to present misstatements in organization’s financial statements. The client may also interfere with the evidence by manipul ating the items of the financial statements leading to insufficient or misleading evidence during auditing. This is likely to interfere with the auditor’s judgment of the business risks that the client is engaged in (Strayer University, 2010). In North Face Company, Crawford was the company’s chief financial officer that concealed fraud from North Face Inc. independent auditors in 1997 by not informing them of the oral side agreements made between him and the barter company. Crawford’s knowledge of the materiality thresholds which Deloitte auditors would apply in auditing the company’s financial statement items and the adjustments that they would propose regarding the $1.64 million trade credits made him include the transaction, but did not inform the auditors of the $2.65 until after the completion of the 1997 audit. Katz who was the company’s sales vice president also arranged for the signing of fake purchase orders by the two customers who owned substantial amounts of North Face Inc.’s merchandise to deceive the auditors that the two customers actually owned the merchandise (Knapp, n.d). Guidelines for Revenue Recognition The guidelines that determine when a company is to record revenue are that the exchange transaction should be complete and again the production earning process should also be complete. This means that the goods must be manufactured and delivered to the client and payment must be received either in cash or receivables at the point of sale.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More According to Turner (2001), revenue should only be recognized after they have been realized and recognized by the company. For the revenue to be considered as realized and earned, there should be evidence that the arrangements exists; delivery should have taken place; the seller’s and the buyer’s prices sh ould be determinable; and finally, collectability should be reasonably assured (Turner, 2001). In the North Face Company, Crawford structured the $7.8 million transaction to recognize trade credits which are barter transactions as profit. Crawford instructed North Face’s accountants to record the trade credits of $1.64 million and $2.65 million as profit even though the oral agreements involved payments in phases. Besides the payments involved, barter transactions cannot be recognized as revenues, meaning that the exchange transaction was not complete by the time the North Face recognized the revenues as profit. The company later reacquired the inventory in 1999 (Knapp, n.d). Objectives of Work Papers Its primary objective is to document all the audit procedures performed by the auditor or the auditing team. The procedures documented in the work paper should connect the flow of the information as well as the conclusions in the concluding audit report. Accurate and credible wo rk paper provides the foundation for audit and the subsequent reporting. It must contain the specific tasks performed as well as the observations and information acquired through inquiry. It has to contain the specific individuals consulted as well as the supporting documents and detailed narratives to support the information contained in the corresponding audit report (Strayer University, 2010). The revision of the work papers that was done by Deloitte personnel in 1997 to replace the original work papers made new summary memorandum as well as adjustments schedule without documenting revisions in the work papers. Thus the revised 1997 work papers could not show that the revising team reached a different conclusion from the original team concerning North Face’s 1997 barter transactions (Knapp, n.d). The Auditor’s Responsibility The auditor’s role is to detect and prevent fraud in an organization’s business processes. They therefore have to evaluate the fi nancial projects as well as the anticipated financial projects that the organization is about to enter and as such, provide reliable and timely feedback on the feasibility and the risks involved in the project.Advertising We will write a custom assessment sample on A Case Study of North Face Company specifically for you for only $16.05 $11/page Learn More The external and internal auditors measure the effectiveness of the executives’ decisions as well as the internal controls put in place by the executives. The auditors assess the quality of the decisions of the executives on the financial activities of the company and therefore determine their competence (Knapp, n.d). They assess the financial reporting of the company and provide guidance for improving the internal control system to ensure that the company achieves operational as well as strategic objectives. Both the internal and external auditors focus on enabling the organization to provide r eliable financial reporting. The internal auditors are therefore involved in continuous control monitoring as well as in continuous auditing of the organization’s business processes (Zabihollah, 2002). Reference List Knapp, M. C. (n.d). The North Face, Inc.: An instruction case focusing on ethical issues involving financial accountants and independent auditors. Oklahoma: University of Oklahoma. Strayer University (2010). ACC 599: Graduate accounting capstone. Mason, OH: Cengage Learning Custom. Turner, L. E. (2001). Speech by SEC staff: Revenue recognition. US Securities and Exchange Commission: USC SEC and Financial Reporting Institute. Retrieved from https://www.sec.gov/news/speech/spch495.htm Zabihollah, R. (2002). Financial statement fraud: Prevention and detection. New York: Wiley Sons.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This assessment on A Case Study of North Face Company was written and submitted by user Adam D. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Hurdle Task Practice Essay

Hurdle Task Practice Essay Hurdle Task Practice Essay 6. It is Jack’s lack of a stable, male role model that is to blame for his actions. To what extent do you agree? Contention: The fact that Jack does not have a proper male figure to look up to is greatly responsible for his actions, though is not the only reason. Key Argument 1 Rosemary’s ex-husband Roy thrives on having power over others, which is a major reason as to why Jack acts how he does. Key Argument 2 Dwight’s abusive and violent traits have an impact on Jack, and the actions that he undertakes. Key Argument 3 Jack chooses how to act regardless of his role models, meaning that he can be held accountable for his own actions. From the beginning of the memoir Jack is depicted as an immature child whose dream it was to transform into someone different. Jack’s dreams of transformation get further and further from reality predominantly due to how he decides to act and the people he chooses to spend his time with. Jack is responsible for his own actions as he is the one who actually decides how he acts. A moment in the memoire where Jack’s delinquency is depicted is when Jack states that â€Å"[he] was a thief. By [his] own estimation, a master thief.† (pg 51) This quote shows that Jack is clearly aware of the unlawful actions that he undertakes, and that he is capable of making his own decisions. Wolff utilizes the effect of sentence length in this same passage, where he transitions from a long sentence to two short and meaningful sentences. By varying the sentence

Athletic Director at State University Essay Example | Topics and Well Written Essays - 1500 words

Athletic Director at State University - Essay Example tate University have devised their funding strategy from a different point of view, where they openly disclose their needs and costs to their supporters. Few weeks ago, the men’s track and the field coach released their budget through their athlete website detailing the items needs and the program attached (Humphrey, & Humphrey, 112). Furthermore, the team ensured that the individual needs were accompanied by their related costs; this gave supporters an overview of the expectations of the team. The Michigan State University track and field schedule prove goal oriented and transparent. This strategy proves an asset to many schools when creating awareness for their needs. Another crucial consideration is that the funds raised must attend to the needs specified if the team wants to gain the trusted the donors (Humphrey, & Humphrey, 146). A successful athletic department ensures that the donor will always yearn to help the team achieve higher levels of success. The period 1800/ 1900 marked a momentous date in the calendars’ of college heads, law makers, alumnae, faculty, athletic directors, as the intercollegiate athletics along the institutions of higher learning was signed; they were well aware of the relationship between the success of their athletic schedules through the cooperation of donors. The reasons as to why vast individuals assume the positive influence attached to college sports and donors comes from the fact that; a well performing team serves as a source of revenue to colleges and universities in question. College sports are normally termed as a million dollar industry; prompted by their exposure to the public (Humphrey, & Humphrey, 156). The Michigan State University involves its activities in the media through; print media, the Internet, and through the television. There appears a belief that; successful college sports are a ticket to accessing more revenue for colleges and universities involved. As the director of the Central Michigan

Course Evaluation Paper Essay Example | Topics and Well Written Essays - 1500 words

Course Evaluation Paper - Essay Example During the course, most students identified with the outcomes. I expected to learn the various aspects of family dynamics, which exist in the society regardless of race, social class, or religion, and I did. I expected to learn the theories involved and to be able to learn various solutions to family problems. I was able to relate to some factors that influence family dynamics that apply to my real life. The factors I learnt include the effect of parent’s relationships on the family, aspects of strictness and lenience among parents, personalities, single parenthood, size of family and culture, and beliefs in the family. The course reflected issues that exist in many families in the world, and was able to broaden my knowledge and thinking about family life. I expected the course to highlight the various positive and negative issues that exist in the family and the impact they have on psychological health of family members. Some of the positive family attributes highlighted incl ude success of children linked to good parenting practices, good parent’s relationships and good family values. Peace in the family always relates to good personalities in children and older family members among others. The negative attributes highlighted in the course include the effect of single parenthood on children, violence in the family most likely led to the fall of the family to factors such as divorce, and divorce affected children even in their adulthood. The lecturer was able to teach in the most practical way, making everyone to participate in asking and answering questions, making the course even more enjoyable. She always asked practical questions that apply in real life, used pictures and videos to teach and expected every student to relate to some issues raised during the course of study. This made the course very exciting and easy to learn. The outcomes had a great impact and were specific to the target population, which in this case were classroom students. The course highlighted many issues, which exist in different families. I related to some of the factors that I have experienced in my own family. Most students were able to relate and connect to most of the issues explained in the course. In some instances the mentioned examples and scenarios rekindled bad memories among some students and caused emotional grieve. These included students coming from a family that experienced violence in the past, drug abuse, families affected by issues such as unemployment, extramarital affairs, and divorce. Some students on the other hand connected well with their well-structured families, which had good values, proper parenting practices, and wealth among others. In either way most students lamented that, they learnt a lot from the course and expected to improve their lives in one way or another. The outcomes were measurable with the timeframe. The lecturer managed to teach various levels of family dynamics within the expected timeframe, and in th e most systematic way. The mentioned outcomes on the students always revealed in each classroom session, and with time, the students had developed a sense of connection with the lecturer and would freely express their views and experiences without fear. The objectives and the outcomes related well in this course and at the end, the lecturer manage

My first college experience Essay Example | Topics and Well Written Essays - 500 words

My first college experience - Essay Example I was nervous as well as excited about this initiation of this new chapter in my life. I enrolled in college and I adapted to my new surroundings very happily and I have learnt many important things which will be of assistance to me in my future. I took admission in Paris Junior College in Sulphur Springs Texas last semester to follow my dream of becoming a nurse. I was anxious about this new beginning and I thought that things would be really complicated and difficult for me to deal with. I thought that I would face communication problems with my colleagues as I was not aware what kind of language would be used in college. When I joined college, I realized that it was a totally new atmosphere for me and I started liking the new environment that I was in. I tried to grasp as much information as I could from my surroundings. Things were not as difficult as I had expected them to be. I could easily coordinate and communicate with my colleagues and I realized that the college served to provide a very healthy and welcoming atmosphere. Education was my first priority and my entrance into college motivated me further to work hard and give my attention to my studies. I found myself studying in a class amongst students who are much junior to me in age. These teenagers made me realize of my maturity and experience in life. I realized that I held much greater respect for my teachers and there was a strong dedication within me towards my studies. Being in college has made me appreciate the importance that education holds in the life of a person. It has provided me with the satisfaction that I am working towards the achievement of my goal. My first college experience has provided me with a sense of maturity and I realize the importance of knowledge and goals in the life of a person. I study in college and look forward to completing my education in the best possible manner. I am aware of the fact that I

The Modernization Of China And Its Impact Environmental Sciences Essay

The Modernization Of China And Its Impact Environmental Sciences Essay The issue of global warming started way back in the early 1990s and since then there has been growing international concerns on combating global warming. In a step to bring all nations on board, United Nations Framework Convention on Climate Change (UNFCC) was established in 1992, in Rio de Janeiro (Yu, 2008). The main objective of treaty was to deliberate on reducing green house gases emissions by individual countries worldwide and especially those countries who are the main emitters of carbon. Because of the direct link of this treaty to the economy, many nations are skeptical on signing to the treaty. Yu (2008) asserted that, mitigation of climate change will be achieved by substantial collaboration under the UNFCCC (P.1). Global warming has had a potential negative impact on the chinas environment. It has been found that since 1990, china has experienced environmental degradation due to this global warming. In fact Yu (2008) said that due to the adverse effect on the chinas environment, their leaders have had to rethink more about the issue. There are many effects of global warming such as environmental degradation, sea level rise and severe weather patterns that may lead to coastal flooding. Today China is believed to be one of the worlds polluter of environment owing to its growth in economy boosted by adequate supply coal and oil production (Yu, 2008). Interestingly, global warming is caused by human activities such as: use of oil, fossil fuels, and burning of coal which leads to release of carbon dioxide and green house gases into the atmosphere. The high proportion of this carbon dioxide in the atmosphere generates extreme global warming (Maslin, 2004). Sadly, rise in temperature in the planet-earth- poses a potential threat to the existence of human beings. Negal (1994) observed that the advancement of technology and economic growth and modernization has to a large extend contributed to the global warming. He warns that global warming and unusual weather patterns threaten the very existence of the globe (p.98). Nagel (1994) when writing about Asian development and public policy, describes china as being confronted with two interconnected challenges: maintaining technological advancement while combating ecological catastrophe generated by this technology. The increase in Chinas population over the years has led to the increase in the environmental pollution. According to Nagel (1994), about sixty cities in China have badly been affected by smog and factory emissions (p.199); and some cities in the Northern part projected high levels of carbon dioxide and other pollutants. Because of rising demand for use of coal and oil, China is certainly predicted to have a significant increase in emission of Carbon dioxide. About 12.0 billion tons in 2030, which will be the highest ever attained by any nation have been projected (Lloyed, 2009, p.51). Lloyed warns that, if Chinas projected emission is what to go by, then it will be impossible to control the effects of global warming, however much, other countries try to minimize their emissions. Although china is one of the highly populated countries in the world with over 1.2 billion people, it is also one of the poorest (Harris, 2003). To support this growing population, China increased its industrial growth which translated to increased supply of food and other necessities within the country. According to Harris (2003), issue of global warming in China has aroused due to the modernization of economy and diversification of energy to feed the growing modernization. In respect to this, China increased its energy use by 208 percent between 1970 and 1990, while coal rose by 69.9 percent (Harris, 2003). Eventually, China recorded approximately 13.4 percent of the world carbon dioxide emissions which rated them as the second, after the United States, largest producer in the world. The Chinas policy on energy is informed by the strategy of increasing production and supply. In 1980s, China started facing acute shortage of energy due to its growing industries; other sources of energy that are economical and viable were needed urgently to boost the energy shortage. Therefore they resorted to oil which was easily available and required little amount of capital. To be specific, china uses a lot of coal in their industrial sector as compared to other nations in the world where their alternative sources of energy such as electricity are being used. Harris (2003) says that Chinas energy has been misused by users because of its low price policy of coal, inefficiency of industrial machines such as boilers which burn coal, and poor infrastructure (p.47) The outcome of all this overuse and misuse of energy was a serious environmental catastrophe. Harris (2003)described that China encountered serious water shortages, land degradation, water pollution; but among the most serious environmental problems is atmospheric pollution (p.47). In addition, respiratory complications increased due to pollution of air caused by incomplete combustion of coal from industries. There was also destruction of crops, forest and fisheries accelerated by unprecedented levels of acid rain (Harris, 2003). In conclusion, the Chinas modernization has had adverse impact on global warming. To start with, industrial expansion of China sparked high demand of fuel. In response to this demand, China increased supply of coal and oil. The rise in demand for the use of these carbon emitters fuel has had a devastating effect on China and even global climate change. Carbon dioxide and greenhouses gases which origins from burning of coal and oil, rises the earth temperature. The high emission of carbon dioxide in China has been caused by three key factors: low pricing policy of coal in China which led to the less conservation of energy by industries; low efficiency level of machines used by Chinese industries to burn coal and poor infrastructure. It is predicted that by 2030, China will be the leading producer of carbon dioxide with approximate 12.0 billion tons. The ramifications of this will be felt in so many generations to come. This is a collective responsibility for every nation towards the protection of the future generation. Therefore all nations should commit themselves in reducing the carbon dioxide emission to the environments.

Camar Automotive Hoist Essay -- essays research papers

The licensing contract is only three years, the Bar Maisse is not famous, and the sales is difficult to be estimated, therefore, we suspect if licensing could meet the expectation of rapid growth. The cost of licensing is lower in comparison to joint venture and direct investment, but the royalty is only 5% of gross sales. The growth of CAH might not be significant. Besides, CAH will have no control of operation and reputation if they choose  ¡Ã‚ §licensing ¡Ã‚ ¨ option. Joint venture might be an unviable choice of CAH because Bar Maisse may not be willing to launch joint venture with CAH. CAH has insufficient information about Bar Maisse, CAH doesn ¡Ã‚ ¦t know whether Bar Maisse would seek to control the operation or not, that is, CAH will have limited control of operation and reputation. In additi...

Black Widow Killers

Black Widow Killers The Baby Butcher strikes again! This could have been the heading of the local paper in the late 1800s, when a small child was found floating down the river in a small town in Great Britain. Amelia Dyer was known as â€Å"The Baby Butcher† during the nineteenth century because of her brutal killings of infants and young children. When asked why she committed these sadistic murders she, replied with â€Å"I was sending them to God† (Rattle, Vale, & Rennell, 2007). Historically serial killers have been around for centuries.Although most of these have been men, females account for the most sadistic killings. Why does society find it more likely that a man can kill then a woman? When naming a male serial killer such as Charles Manson, Ted Bundy, or Jack the Ripper, most people probably can name at least one victim. On the other hand mention the name Elizabeth Bathory who murdered more then 300 young women, then bathed in their blood with the belief that h er beauty would be restored. Maria Jager murdered a large number of children and adults for profit and thrills while held prisoner in Hungry.In 1912, Louise Lindoff poisoned her entire family for insurance money. Other victims of female serial killers ranged from small children to grown adults for a number of various reasons. Females could commit murder the same as men. Money, power, lust, revenge, pleasure, or even what they believe is higher powers are among the reasons females decide to kill. According to Peter Vronsky, the author of Serial Killers: The method and madness of monsters, â€Å"When women commit violence the only explanation offered has been that it is involuntary, defensive, or the female physiology.Postpartum depression, premenstrual syndrome, and menopause have been included among the named culprits (2007). Being an outsider or rejected by society as a child could also play a huge role concerning serial killers. A majority of serial killers both male and female s uffer from psychopathic disorders, this is currently called antisocial personality disorder or ASPD (Vronsky p52 pp5). Most serial killers begin developing daydreams or fantasies during childhood. Some of these even begin to torture or kill small animals (Vronsky p4 pp5). A stressful or unstable family life is a ajor factor in most killers. The definition of a serial killer differs from person to person. In 1998, the United States Congress passed a federal law titled: Protection of Children from Sexual Predator Act of 1998. Title 18, United States Code, Chapter 51, and Section 1111, defines serial killing as: The term ‘serial killing’ means a series of three or more killings, not less than one of which was committed within the United States, having common characteristics such as to suggest the reasonable possibility that the crimes were committed by the same actor or actors. Federal Bureau of Investigation Symposium, 2005) The psychopathy of a serial murderer is mostly the same in each crime. They lack the sense of remorse or guilt, are impulsive, feel the need for control, and display predatory behavior (FBI Symposium, 2005). In the case of female killers these traits are acquired during a life changing event or even embedded in them as children. In such cases as Amelia Dyer or Elizabeth Bathory psychopathy played a major role. Not only is psychopathy a significant reason for serial killings there are several other significant reasons as well.Serial murderers kill for various reasons. Females, however, usually have an ulterior motive in mind when they choose and act upon their victims. These motives come from a variety of sources; money is the biggest reason for women to kill. They target men as victims when it comes to obtaining money. Life insurances policies are one of the biggest reasons why the men are targeted. Women also tend to prey on their families and even small children as a sense of release or freedom. Although these crimes are grues ome and uncalled for acts of violence, the majority of them do not go unpunished.Most serial killers are caught by law enforcement and sentenced to several years in prison. A few of these criminals are sentenced to death. In the late 1800s this would mean that the criminal would be hung in the town square in front of the entire town. Some crimes remain unsolved until the murderer dies of natural causes, which means they never, get caught or punished for their crimes. Even though cases are solved and criminals are prosecuted, theses crimes come at a cost for the families of the victims. Because the victims of female serial killers range in age, their killings affect many different people.Amelia dyer, killed infants whose mothers could not care for them. Elizabeth Bathory, killed young women of teenage years, these killings affected the mother’s of the victims and their families. People such as Maria Jager or Louise Lindoff killed mostly adults that left parentless children and many families with unanswered questions. Male or female serial killers are everywhere. He/She could be the lady next door or the man down the street. Motives and reasons are unclear for most serial killings and their mental states are mostly to blame. The victims of these killers can range in age, race, and gender.Remember, think twice in who trust is placed, because she may just become the next black widow killer. References Federal Bureau of Investigation. (2005). Serial Killer Symposium. Retrieved from http://www. fbi. gov/stats-services/publications/serial-murder Morton, R. J. , & Hills, M. A. (2005, August). Serial Murders Multi-Disinplanary Perspectives for Investigators. Retrieved from http://www. fbi. gov/stats-services/publications/serial-murder Vronsky, P. (2007). Female Serial Killers How and why women become monsters. New York, NY: The Berkley Publishing Group. Rattle, A. , Vale, A. , & Rennell, T. (2007). Amelia Dyer, Angel Maker.

Rally Round the Trade Name Essays

Rally Round the Trade Name Essays Rally Round the Trade Name Essay Rally Round the Trade Name Essay Rally Round the Trade Name Name: Course: Institution: Tutor Date: Rally Round the Trade Name Part 1 It is clear that Gabby’s surname is Rally and that is the main reason that led her to use it as her business name. However, she does not have the right to use it in whatever she wants. When it comes to matters affecting other people, she has a responsibility of following the right procedures before she incorporates her name in these issues. She has the responsibility of analyzing how incorporating her surname will affect the rest of the community. In this case, her surname had already been used by another business. Practically, people were mistaking the â€Å"Rally† car dealership and the â€Å"Rally† pizza restaurant. The car dealers were being called to deliver pizzas. There was a conflict of interest. In such a case, this conflict had to be resolved; otherwise, it was becoming inconveniencing. Gabby had no right of using her surname in her business just because the surname belonged to her. It was not right as it was bringing a conflict of interest in an existing business (Tilman, 2002). Part 2 People tend to associate â€Å"Rally† with pizza since pizzas are edibles and therefore they are consumed more than cars are. Most people are more likely to call in for a pizza delivery than they are to call in for a car delivery. However, Rally car dealership has been there for more than forty years. This means that it has built its brand and that it has formed its clientele using the name â€Å"Rally†. Unfortunately, registering a business with a particular name does not give one the right to own the business name (Kerly, Blanco Jacob, 1986). From the incoming calls, the name â€Å"Rally† has been greatly associated with pizza. This matters as far as a trade name is concerned. The Rally is used more by those ordering pizzas because pizzas are consumes more than cars are. The majority of the consumers tend to master the first word of a trade name and thus use it as a reference when intending to refer to the business. This is why the consumers dial the number to the car dealership instead of dialing the restaurant’s number. Pizzas are fast-moving goods since they are cheap, edibles and perishable while cars are more expensive, non-perishable are not as part of basic needs as foods. This is why it may be perceived as though â€Å"Rally† is more associated with the pizza. However, the case may have been different if Herman’s business dealt with eatables such as drinks. Since Herman’s business may have been around for a longer period, it could have received as many calls as the pizza calls or even more calls. In other words, Rally may be more associated with the pizza because of the different natures of the businesses. Part 3 As indicated, Herman’s business was the first to use the business name. The business has been around for around fifty years and so it has built using its clientele in that geographical location using that particular name (Hopkins, 1924). In this case, it is significant to appreciate that Herman’s business has used the trade name for the longest time. On the other hand, it is significant to note that most people associate the trade name with the pizza. Transactions, legal documents and all the other records over the many years have been used with name â€Å"Rally†. Many people, both young and old, associate Rally with the car dealership as they have grown up seeing the business. The main reason that popularizes the trade name â€Å"Rally† with the pizza is the nature of the pizza business. If Herman changed the business to another name, there would be more harm done as it would it would be a long process due to the years it has been established. On the other hand, Gabby can change her business name since her business is smaller than Herman’s and not as old as Herman’s business. It is easier to change the name of a child than changing the name of a fifty –year old man. Part 4 Like ones birth names, one has the right to their trade name. It does not matter that a man aged eighty-five years old is named Peter while another aged two is named the same. They both have the rights to the same name. Similarly, a business named â€Å"Smiths† started in 1975 does not give it more rights to the name than a business named the same started in 2009. However, similar business names can bring a conflict of interest. Although it has been said that an older business cannot sue a younger business for using its name, the older business posses more rights to the name. This more defined if the two businesses are of a different nature. The older business has done many transactions and incorporated a lot of legal documentation using the trade name for a longer period than the latter business. Age is one way of gaining the rights to a business. Additionally, a business, which has built its clientele and general business around the name of the business, gives it more rights to the trade name as compared to other businesses (Uspto, 2012). For example, the McDonalds Company has built its business around the trade name. Another fast food restaurant cannot open and trade with the same name. It is evident that registering a business does not make one to have the exclusive rights to a business name. However, it is a way of ensuring that the rights are more defined as compared to a business that is not registered. Similarly, registering businesses allows one to avoid picking a name that is already picked by other people. Similarly, it also gives evidence as to the length and extent one has used the name. As earlier identified the length of time a trade name has been used can aide one in winning a case, if need arises. Part 5 The first remedy is to talk with the infringing party about the issue. Talks are more productive than lawsuits. It enables the two businesses to come to consensus that is acceptable to both parties, without the bad incidences and the experiences that are experienced in courtrooms. It also saves on time and money, which are greatly used when a party sues the other. These discussions can be made without the presence of a mediator. In this case, Gabby can incorporate the name â€Å"Restaurant† (if not incorporated) and make it as distinct and conspicuous as possible, thus giving the consumers room for making out the difference between the two businesses when dialing the number on the directory. Similarly, Rally can make the name â€Å"Car Dealership† to be as distinct as possible. In another approach, arbitration can be incorporated. This is a form of settling cases outside the court (Elias Stim, 2011). This may include the use of a mediator or other means thus allowing room for negotiations. The method is not expensive, takes a lesser period and does not attract a lot of public attention like the court cases. This method allows the personal opinions of the parties unlike the court processes that required the use of a lawyer. Suing is an option but it should be the last option. This is because it involves a lot of time, energy (both physical and emotional), is more expensive and it may cost the reputation of both of the businesses or either of the business. Settling the dispute in court allows a business to get a judgment that is concrete and can only be challenged by a higher court. Similarly, it reduces the cases of unfairness or decision ambiguity. Persons going against the decision made can be prosecuted and jailed. Settling issues in court should be the last approach. The best include having a one-on-one discussion or incorporating mediators. References Elias, N. Stim, R. (2011). Trademark. Legal Care for your Business Product Name. Berkeley, CA: Nolo. Hopkins, J.L (1924). The law of trademarks, trade names and unfair competition, including trade secrets. New York, NY: The W. H. Anderson Company. Kerly, D. M., Blanco, W. T. A., Jacob, R. (1986). Kerly’s law of trade marks and trade names. London: Sweet Maxwell. Tillman, C. (2002). Trade Names. New York, NY: S.N. United States Patents and Trademark Office (2012). 2173.05(u) Trademarks or Trade Names in a Claim – 2100 Patentability. Uspto.govv. Retrieved From uspto.gov/web/offices/pac/mpep/documents/2100_2173_05_u.htm

Stalin - For the good of the State essays

Stalin - For the good of the State essays Assessing Russian Reactions to Stalin's Time Overcoming all of the problems that were inherent during the Stalin years is something that will take generations for the new Russian Federation to accomplish. The inefficient bureaucracy; brutal suppression of individuality, creativity, and opposing viewpoints; personal abuse of authority and exploitation of the lower classes; and the sheer power of a government which struck complete terror into the very core of an entire nation is a seventy-year habit that Russia must work diligently to reverse. Hochschild relates a saying that perfectly describes how the average person felt during Stalin's time (and even into modern times): "If you live with the wolves, you must howl with the wolves" (9). This illustrates how the population sought conformity and belonging. The purported reason for all of the atrocities committed was for 'the good of the State', but in reality, Stalin was the state. Everything else served to support and serve him. In his need for unassailable control, he determine d that he was so great that there must be opposition, and it must be rooted out. And rooted out it was, even if it had to be created by arresting, imprisoning, exiling, and executing the innocent. To this day, still found among the people of Russia, is that desire to belong and conform, but more so is the tendency to be afraid to mention the terrible things that went on during Stalin's rule. How does one describe an entire nation in denial? The answer is: Not very easily. Organizations are springing up in the wake of glasnost and perestroika, and the removal of censorship once rampant in the USSR. These organizations are serving as a means of the displaced, the separated families, and the victims of Stalin's brutalities to comfort, reassure, inform, and remember all that was not only lost, but violently taken away. ...

Commodity chain Essay Example | Topics and Well Written Essays - 500 words

Commodity chain - Essay Example The high density polythene is constantly recycled, where other products that have lived their usefulness are broken and the materials remolded to make new items. The mug as it involves simple manufacturing process of melting plastics and then remolding the plastic to form the mug. This must have been made in the same place where the material was outsourced. This is further affirmed by Media Federal (2011) who explains that the company manufacturers large volumes of similar product. It therefore means that the smelting and the molding were made at the same factory; that is the Wei Mon industry co., Ltd. The plastic that is the main raw material in the mug was most likely sourced within the country for recycling or was either new plastic that was formed in the company to manufacture mugs. Considering that the factory manufactures many similar products as Media Federal (2011) explains, the plastic was most likely new and had been formed from raw materials. Plastics are made of polymers through a polymerization process. Most ingredients for polymerization are mostly imported from several countries China and the U.S being leaders in making these polymer materials (Harper, 714). The ingredients to make the mug were most likely bought from China and the company carried out the polymerization process to obtain the polymers that were later used in manufacturing the mugs. ` The product is produced through injection molding. The molds were most likely designed in the Wei Mon Industry co. and then used to carry out injection molding as the main process that the company is involved in. The product therefore involved the use of already designed moulds where molten plastic was forced through, and the mug formed from the molds. The workers in the process must have made very low wages. The mug requires the use of molds that are in most cases automated, the human input is reduced to control

Economic Analysis of Pollution Essay Example | Topics and Well Written Essays - 750 words

Economic Analysis of Pollution - Essay Example Many individuals as well as international organisations have been involved in advocating for ethical ways of conducting human activities geared towards mitigating the effects of these activities to the environment. It is important to consider the fact that, economists have also been involved in this advocacy. This paper contrasts the relative merit of taxes, legal regulatory limits and tradable emissions in controlling pollution using an economic analysis. Taxes In an economics perspective, taxes can be used as mechanisms or tools for the control of pollution. Levies known as green taxes can be imposed in an attempt to prevent and as well mitigate the consequences of pollution. These taxes can also be referred to as environmental taxes. In definition, green taxes are defined as levies and can be imposed on industries and countries or nations that produce high levels of emissions. The extent of damage to the environment is a significant factor in considering and determining the amount of levies that a country should impose. Unleaded petrol and use of vehicles amounts to the highest levels of environmental pollution hence industrialised countries generate a higher amount of revenues from taxes imposed on these commodities. Commodities that have less impact on the environment in terms of emissions generate low or decreased amounts of revenue. Emissions in terms of green taxes are easier to monitor and quantify as compared to tradable permits (Norregaard and Reppelin-Hill, 2000). Imposing green taxes in these developed and industrialised countries have significantly contributed to the decrease in the amount of emissions that leads to the warming of the environment. In the industrial sector, green taxes have focused on levies imposed based on the amount of carbon dioxide produced by a specific industry. Due to the fact that it is very hard to quantify the amount or level of carbon dioxide produced by a certain industry, estimates are used. The higher the carbon diox ide produced and released to the atmosphere, the higher the taxes. This helps in discouraging industries to use fuels that generate large volumes of gases particularly carbon dioxide and subsequently adapt cleaner sources of energy. Studies done over the recent past have indicated the fact that imposing green taxes can change consumption patterns of most commodities. Imposing high taxes on unleaded petrol force individuals to change to cleaner fuels as they attract fewer taxes. This in the long run cuts significantly the amount of dangerous gases such as carbon dioxide in the atmosphere. Taxes and tradable permits have divergent merits. According to Norregaard and Reppelin-Hill (2000:7), â€Å"Taxes minimise ex-post efficiency losses if the marginal cost function is steeper than the marginal damage function, while tradable permits are better if the damage function is steeper† Tradable permits Some countries some as the US have adapted the incorporation of tradable permits in the fight against environmental pollution. In contrast to green taxes, permits do not attain better and enhanced results on pollution control as they encourage industries to connive. In general, tradable permits are used with the main objective of managing and regulating the use of substances that contribute to increase in the level of emissions in the atmosphere. It is important for countries adapting this system to ensure they assess the significance and objective of these tradable permits and the benefits they will bring to the management of the environment. Plans of actions also need to be implemented to observe and monitor these emissions to the atmosphere. Permits should not be granted in a manner that would lead to