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South Africa: Supreme Court of Appeal
You are here: SAFLII >> Databases >> South Africa: Supreme Court of Appeal >> 1996 >> [1996] ZASCA 82 | Noteup | LawCiteMcDonald's Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd. and Another; McDonald's Corporation v Dax Prop CC and Another; McDonald's Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd. and Another (547/95) [1996] ZASCA 82; 1997 (1) SA 1 (SCA); [1996] 4 All SA 1 (A); (27 August 1996)
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Case No 547/95 IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION)
In the matters between:
1. MCDONALD'S CORPORATION Appellant
LIMITED First Respondent
THE REGISTRAR OF TRADES MARKS Second Respondent
2. MCDONALD'S CORPORATION Appellant
PAX PROP CC First Respondent
THE REGISTRAR OF TRADE MARKS Second Respondent
3. MCDONALD'S CORPORATION Appellant
(PTY) LIMITED First Respondent
PAX PROP CC Second Respondent
HEARD: 20 May 1996 — 22 May 1996 DELIVERED: 27 August 1996
This is a dispute about the use and continued
registration of the appellant's trade marks. The appellant, to which I shall refer as McDonald's, is a corporation incorporated in
the state of Delaware in the United States of America. It is one of the largest franchisers of fast food restaurants in the world,
if not the largest. It first commenced business in the United States of America in 1955 and has carried on business internationally
since 1971. It operates its own restaurants and also franchises others to do so. It sells hamburgers and other fast foods. The McDonald's
trade mark is widely used in relation to restaurants owned by McDonald's as well as those that are franchised.
McDonald's obtained registration of its trade marks in South Africa in 1968, 1974, 1979, 1980, 1984 and 1985. It is now the registered
proprietor of fifty-two marks. Of these, twenty-seven consist of or
3 incorporate the word McDonald or McDonald's. Also usedis the letter M in the form of so-called golden arches,
with or without the word McDonald's. Others consist of
the words Big Mac, Egg McMuffin and McMuffin. There are
also two clown devices. The trade marks are registered
in respect of goods, mainly in classes 29 and 30, and
for services in class 42.
When the present proceedings commenced, McDonald's
had not traded in South Africa nor, we may assume for
present purposes, had it used any of its trade marks
Joburgers Drive-Inn Restaurant (Pty) Limited
("Joburgers") is a South African company with its
principal place of business in Johannesburg. Its
managing director is Mr George Sombonos. Mr Sombonos
has been engaged in the fast food industry since 1968.
In 1979 he registered a company called Golden Fried
Chicken (Pty) Limited ("Chicken Licken"). He holds 90%
4 of the shares in the company and is its managing
director. In 1979 Chicken Licken applied for the
registration of a number of trade marks, including
Chicken Licken. Since then it has franchised the
Chicken Licken business so that to-day there are more
than 177 stores throughout South Africa. Mr Sombonos
says that Chicken Licken is the biggest fried chicken
fast food franchise chain in the world not having its
origins in the United States of America.
During 1992 Mr Sombonos on behalf of Joburgers
decided to establish fast food outlets and restaurants
using the trade marks McDonald's, Big Mac and the
golden arches design. In 1993 Mr Sombonos applied for
the registration of these and some other McDonald's
marks. At the same time he applied to the Registrar of
Trade Marks in terms of section 36(1) (a) and (b) of the
Trade Marks Act, no 62 of 1963 ("the old act") for the
expungement of the trade marks which are held by
5 McDonald's. McDonald's opposed these applications and
filed its counter-statements in the expungement
applications during August 1993. During the same period
McDonald's applied again for the registration of all
the trade marks in its name.
On 29 August 1993 there appeared an article in the
Sunday Times newspaper reading inter alia as follows:
"Big Macs may soon be eaten all over South Africa, but not because American hamburger giant McDonald's is entering the market.
Nor will they be on sale before judgment in which could be SA's biggest trade mark battle.
Chicken Licken franchise owner George Sombonos plans to start his own national McDonald's hamburger chain. Sites have been chosen
and an advertising campaign is being prepared.
Mr Sombonos's lawyer Shaun Ryan of Ryans Attorneys, says the first restaurant will open in Johannesburg 'as soon as physically possible'.
The chain will serve McMuffins and Big Mac burgers. Restaurants will also be decorated with a large M device similar to two joined
In response to this article McDonald's wrotethrough its attorneys to Joburgers's attorney inter
6 alia as follows:
"We are instructed that the intended use of McDonald's trademarks [which were listed in an annexure to the letter] constitutes
an infringement of our client's trade mark rights. Your client has unequivocally expressed a clear intention to use such trade marks.
We have been instructed to demand as we hereby do that your client unequivocally undertake that it will not use our client's registered
trade marks or any other marks which are deceptively or confusingly similar to our client's registered trade marks."
Failing an undertaking as demanded in this letter McDonald's threatened legal proceedings.
Joburgers's reply was uncompromising. It read,
inter alia,
"We are aware that your client is the Registrant for the trade marks listed in the Annexure to your letter. Your client is not
the Proprietor of these trade marks. The true proprietor of the subject matter of these registrations is Joburgers Drive-Inn Restaurant
(Pty) Limited. You may take it that it is our client's intention to both use and register its trade marks in the Republic of South
Africa.... Your client is invited to take legal proceedings as threatened."
On 23 September 1993 McDonald's launched an urgent7 application against Joburgers in the Transvaal
Provincial Division for relief on the grounds of
infringement of its trade marks, passing off and
unlawful competition. I shall refer to this application
as the Joburgers application. On 28 September 1993
Swart J granted an order by agreement, the relevant
part of which read as follows:
"The respondent undertakes pending the determination of this application and the proposed counter-application, not to infringe
the applicant's registered trade marks .... which undertaking is made an order of court."
It came to Joburgers's notice that there was a fastfood outlet in Durban trading under the name (or names)
Asian Dawn and MacDonalds. MacDonalds, it is pointed
out in passing, is spelt differently from McDonald's.
On 15 October 1993 Mrs A T Bead, a director of
Joburgers, and Mr S F Ryan, Joburgers's attorney,
travelled to Durban from Johannesburg to buy the
outlet. It is not quite clear from the papers who
8 exactly owned the business but the interested parties
were a close corporation called Asian Dawn Investments
CC, its sole member Miss Sajee Bibi Farid Khan and her
brother, Mr Rafique Khan. According to an affidavit by
Mrs Pead she approached Mr Rafique Khan in the shop and
offered to buy it as a going concern. She said she
wanted it for her son to encourage him not to leave the
country.(In fact she was acting for Joburgers and
wanted to secure the trade mark for use in the present
proceedings.) Mr Khan was prepared to sell if the price
was right, but first wanted to speak to his sister as,
he said, they were joint owners. Later he informed Mrs
Pead that he had spoken to his sister and that they
were willing to sell the business as a going concern
for R250 000. The Joburgers contingent were not happy
with the price, but asked for an option to give them
time to think about it. The parties then executed and
signed a written option at a price of R250 000. Some
9 days later, after further negotiations, the parties
agreed telephonically on a price of R225 000. The
Khans' attorney was to draw up a written contract.
The contract was not forthcoming. Mrs Pead phoned
Mr Khan to find out what was happening. He told her
that he had been approached by attorneys acting for
McDonald's and that the price he had agreed with Mrs
Pead was made to look "not only like peanuts but dried
peanuts". He now wanted offers that were "telephone
figures". No amount of persuasion could change his
attitude, and Joburgers brought an urgent application
to restrain Mr and Miss Khan and her close corporation
from selling, alienating or otherwise disposing of the
business. An order to this effect was granted.
Ultimately, on 22 November 1993, the parties entered
into a new contract of sale at a price of R350 000.
In the meantime the proceedings between McDonald's
and Joburgers were continuing. On 15 November 1993
10 Joburgers served answering affidavits and a counter-application. The main relief sought in the counter-application was the expungement
of the McDonald's trade marks in terms of section 36(1)(a) and (b) of the old act, i e, on the grounds, broadly stated, that the
marks were registered without any bona fide intention on the part of McDonald's that they should be used and that they had in fact
not been used for the periods required by the section.
Early in 1994 McDonald's became aware that Joburgers was conducting the business in Durban under the name MacDonalds. McDonald's immediately
launched proceedings for relief on the grounds that Joburgers was in contempt of court - it was contravening the order granted by
consent on 28 September 1993 in terms of which Joburgers undertook (and was ordered) not to infringe the registered McDonald's trade
marks. The matter came before Nugent J. On 15 March 1994 he
declared that Joburgers was in contempt of the earlier order and that all proceedings in respect of its counter-application to expunge
the McDonald's trade marks be stayed until it had purged its contempt.
On the very next day Joburgers' s attorney wrote to the attorneys for McDonald's to say that Joburgers had disposed of the business.
Requests by McDonald's for further information about the disposal proved fruitless.
In May 1994 it came to the notice of McDonald's that the MacDonald's business in Durban was being conducted by Dax Prop CC ("Dax").
The sole member of Dax is Mr George Charalambous. He has worked as a baker and hotelier. In 1988 he gave up his employment to commence
his own business as a franchisee of Chicken Licken. He is now the sole director and shareholder of a company which has six Chicken
Licken franchises and a member of a close corporation which also has several
franchises. These are all in KwaZulu Natal. MrCharalambous is responsible for the management of all these businesses.
On 17 May 1994 McDonald's wrote through its attorneys to Dax asking, inter alia, for an undertaking that Dax cease forthwith to use
the trade mark MacDonalds or any other trade mark which is deceptively or confusingly similar to McDonald's, failing which proceedings
would be instituted.
No such undertaking was given.
On 25 May 1994 Dax applied to register the mark MacDonald's in classes 29, 30, and 42. On 9 August 1994 Dax launched an application,
also in the Transvaal Provincial Division, against McDonald's seeking expungement from the register of the trade marks relied upon
by McDonald's in its letter of 17 May 1994. Dax also sought some additional relief which need not be set out. McDonald's brought
a counter-application for
13 an interdict preventing Dax from infringing its trademarks.
At this stage the position then was that, in the Joburgers application, McDonald's applied against Joburgers for an interdict to restrain
trade mark infringement and Joburgers sought, in a counter-application, expungement of the marks, whereas in the Dax application,
Dax asked for expungement and McDonald's, in the counter-application, asked for an interdict.
On 1 May 1995 the Trade Marks Act, no 194 of 1993 ("the new act") came into force. Section 35 of the new act provides for
the protection of "well-known" trade marks emanating from certain foreign countries. On 20 June 1995 McDonald's brought
an application against Joburgers and Dax under sec 35 of the new act. It claimed that all 52 of its trade marks are well-known marks
in terms of the section, and sought an order that
14 Joburgers and Dax be interdicted and restrained fromimitating, reproducing or transmitting those marks in
the Republic of South Africa. I shall call this the
"well-known marks application".
Sec 71 of the new act repealed the old act. However, sec 3(2) of the new act provides that all applications and proceedings commenced
under the repealed act shall be dealt with in accordance with the provisions of that act as if it had not been repealed. The Joburgers
and Dax applications must therefore be dealt with in accordance with the old act. The well-known marks application, on the other
hand, must be decided according to the new act.
The three applications were heard together by Southwood J. He found in favour of Joburgers and Dax. Accordingly, in the Joburgers
application, the application by McDonald's for an interdict was dismissed and Joburgers's counter-application for
15 expungement granted; in the Dax application, Dax'sapplication for expungement was granted and the
counter-application by McDonald's for an interdict
refused; and the well-known marks application by
McDonald's was refused. In all cases appropriate costs
orders were made.
With the leave of the court a quo McDonald's now appeals against these orders.
At the outset I should deal with an application by McDonald's to adduce further evidence. This application related to two matters
which arose after the decision of the court a quo. The first was that both McDonald's and Dax were trading under the name McDonald's
or MacDonalds, and were using similar or identical trade marks. This led to litigation between them in which an order was given by
consent. The second was that Joburgers had assigned to Dax all its rights in and to the McDonald's trade marks in respect of which
Joburgers had originally applied for registration. The
application to adduce further evidence was opposed, and in any event Joburgers and Dax tendered evidence to explain the new facts
relied upon by McDonald's.
The general principle is that, in deciding an
appeal, this Court determines whether the judgment appealed from is right or wrong according to the facts in existence at the time
it was given and not according to new circumstances which came into existence afterwards. In principle, therefore, evidence of events
subsequent to the judgment under appeal should not be admitted in order to decide the appeal, although there may possibly be exceptions
to this rule (see Weber-Stephen Products Co v Alrite Engineering (Pty) Ltd and Others [1992] ZASCA 2; 1992 (2) SA 489 (A) at 507C-E and earlier authorities there quoted). Even assuming that an exception may be possible, I consider that no adequate
reason was given why such an exception should be made
17 in respect of the evidence relating to the recentbusiness activities of Dax and McDonald's and the
resultant litigation between them. Concerning
Joburgers's assignment of its rights in or to the
McDonald's trade marks, it was contended that the
evidence was relevant for the purposes of sec 21A of
the Supreme Court Act, 59 of 1959. This section
empowers a court of appeal to strike an appeal off the
roll if it is of the opinion that, in the
circumstances, a judgment in favour of the appellant
will have no practical effect or result. This argument
is misconceived. The new evidence does not suggest
that a judgment in favour of McDonald's would have no
practical effect or result, and the last thing that
McDonalds would want is that the appeal be struck off
the roll. At most the evidence tends to show that one
of the respondents no longer has an interest in the
appeal. Sec. 21A of the Supreme Court Act provides no
18 remedy for such a situation. Moreover the new evidence
is controverted by further evidence tendered by
Joburgers and Dax, The evidence relating to the
assignment should accordingly also be refused. It
follows that the application to adduce further evidence
should be dismissed with costs.
I turn now to the arguments on the merits. For
convenience I start with the well-known marks
application. Sec 35 of the new act reads as follows:
"(1) References in this Act to a trade mark which is entitled to protection under the Paris Convention as a well-known trade
mark, are to a mark which is well known in the Republic as being the mark of -
a person who is a national of a
convention country; or
convention country; or
a person who is domiciled in, or has a
real and effective industrial or commercial
establishment in, a convention country,
real and effective industrial or commercial
establishment in, a convention country,
whether or not such person carries on business, or has any goodwill, in the Republic.
A reference in this Act to the proprietor of
such a mark shall be construed accordingly.
such a mark shall be construed accordingly.
The proprietor of a trade mark which is
entitled to protection under the Paris Convention
as a well-known trade mark is entitled to restrain
the use in the Republic of a trade mark which
entitled to protection under the Paris Convention
as a well-known trade mark is entitled to restrain
the use in the Republic of a trade mark which
constitutes, or the essential part of which constitutes, a reproduction, imitation or translation of the well-known trade mark in
relation to goods or services which are identical or similar to the goods or services in respect of which the trade mark is well
known and where the use is likely to cause deception or confusion."
There was a large area of agreement between theparties about the meaning and application of this
section. Thus it was common cause that McDonald's in
fact is a person such as is described in paragraphs (a)
and (b) of sub-section (1). The parties were also
agreed on what it is that has to be "well known" in the
Republic. In this regard the court a quo had said:
"... it is not sufficient that the mark simply be well-known in the Republic. It must be established that the mark is well-known
as the mark of a person who is (a) a national of, or (b) is domiciled in, or (c) has a real and effective industrial or commercial
establishment in, a convention country: i.e.it must also be well-known that there is a connection between the mark and some person
falling in categories (a), (b) or (c)."
This seems to suggest that the section onlyapplies if what is well known is not only the mark
itself but also the nationality, domicile or place of
business of the mark's owner, and moreover the fact that the relevant country is a convention country. Before us counsel were ad idem
that such an interpretation could not be supported. If it were correct the section would be a dead letter. It is difficult to imagine
any mark, however well known, in respect of which such further facts would be common knowledge. The parties accordingly accepted
(I think correctly) that it would be enough for a plaintiff to prove that the mark is well known as a mark which has its origin in
some foreign country, provided that as a fact the proprietor of the mark is a person falling within sub-section (l)(a) or (b).
The essential dispute between the parties was what level of awareness in the public mind is required for a mark to qualify as "well-known"in
terms of section 35. In this regard it is useful to look at the
21background to the section.
The Paris Convention, to which reference is made
in sec 35, is the Paris Convention on the Protection of
Industrial Property of 20 March 1883 as revised or
amended from time to time (sec 2 of the Act). For
present purposes art 6bis(l) of the Convention is
apposite. Its relevant portion reads as follows:
"The countries of the Union undertake, ex officio
if their legislation so permits, or at the request
of an interested party, to refuse or to cancel the
registration, and to prohibit the use, of a trade
mark which constitutes a reproduction, an
imitation, or a translation, liable to create
confusion, of a mark considered by the competent
authority of the country of registration or use to
be well-known in that country as being already the
mark of a person entitled to the benefits of this
Convention and used for identical or similar
Although art 6bis was inserted into the convention as
far back as 1925, neither Britain nor South Africa gave
legislative effect to it until recently - South Africa
in sec 35 of the new act, and Britain in sec 56 of the
Trade Marks Act, 1994 (42 & 43 Elizabeth 2 C. 26). The
two sections are very similar. Section 35(1) and (2) of
the new act, in particular, is, for practical purposes,
identical to sec 56(1) of the British Act, save for the
substitution of "the Republic" for "the United Kingdom"
wherever it appears. The reason why Britain did not
legislate earlier was that previously it claimed to be
honouring the article by means of its common law of
passing off. See Richard C Abnett, AIPPI: Famous Trade
Marks Require A New Legal Weapon, Trademark World,
Dec 1990/Jan 1991, p 23.
The protection granted to foreign marks by the law
of passing off was limited, however, by the requirement
that a plaintiff had to establish a goodwill in the
country. In a well known passage from The Commissioners
of Inland Revenue v Muller & Co's Margarine Ltd [1901]
AC 217 (HL) at 223-4 Lord Macnaghten defined goodwill
as follows:
"It is a thing very easy to describe, very difficult to define. It is the benefit and
advantage of the good name, reputation, and connection of a business. It is the attractive force which brings in custom. It is the
one thing which distinguishes an old-established business from a new business at its first start. The goodwill of a business must
emanate from a particular centre or source. However widely extended or diffused its influence may be, goodwill is worth nothing unless
it has power of attraction sufficient to bring customers home to the source from which it emanates . . . For my part, I think that
if there is one attribute common to all cases of goodwill it is the attribute of locality. For goodwill has no independent existence.
It cannot subsist by itself. It must be attached to a business. Destroy the business, and the goodwill perishes with it, though elements
remain which may perhaps be gathered up and be revived again." (Emphasis added)
The "attribute of locality" mentioned in this passageled to a result described as follows in Kerly's Law of
Trade Marks and Trade Names, 12th ed (1986) p 358 para
"... since an essential ingredient of passing-off is damage ... to goodwill, he [i e, the plaintiff in an action founded on passing-off
in the United Kingdom] must show that he had ... in this country not merely a reputation but also a goodwill capable of being damaged.
Goodwill, however, is local: it is situated where the business is. Thus a foreign plaintiff may have a reputation in this
country - from travellers on the one hand, or periodicals of international circulation, for instance, on the other - yet still fail
in an action for passing-off because he has here no business and so no goodwill. Such cases have been not uncommon in recent years,
and have caused considerable difficulty."
Examples of such cases are Alain Bernardin et Compagniev Pavilion Properties Ltd [1967] RFC 581 (the "Crazy
Horse" case). The Athletes Foot Marketing Associates
Inc v Cobra Sports Ltd and Another [1980] RPC 343 (Ch)
and Anheuser-Busch Inc v Budejovicky Budvar HP (trading
as Budweiser Budvar Brewery) and Others [1984] FSR 413
In the Alain Bernardin case the plaintiff was the
proprietor and operator of a bar and cabaret in Paris
known as the "Crazy Horse Saloon". The bar had been
continuously and extensively publicised in the United
Kingdom for sixteen years. The defendant commenced a
place of entertainment in London under the name of
"Crazy Horse Saloon" and issued an advertisement
stating "Crazy Horse Saloon comes to London". Theplaintiff applied for an interlocutory injunction
against the defendant on the grounds of passing off.
The application was refused. The court referred inter
alia to the Muller case (supra) and stated (at 584
lines 30-47)
"... that a trader cannot acquire goodwill in this country without some sort of user in this country. ... I do not think that
the mere sending into this country by a foreign trader of advertisements advertising his establishment abroad could fairly be treated
as user in this country. ... If that were so, the range of the action of passing off would be extended far beyond anything which
has hitherto been treated as its proper scope. That observation applies I think particularly to such establishments as hotels and
even more to restaurants. It may well be that the owner of a foreign hotel or restaurant acquires in this country a reputation for
the name of his hotel or restaurant in a wide sense, that the travel agents or other persons to whom he sends advertisements know
of his establishment. Again he may acquire a reputation in a wide sense in the sense of returning travellers speaking highly of that
establishment, but it seems to me that those matters, although they may represent reputation in some wide sense, fall far short of
user in this country and are not sufficient to establish reputation in the sense material for the purpose
of a passing off action. It is very clear that in such circumstances the foreign trader has not acquired anything which in law could
be described as goodwill in this country."
In the Athletes Foot case the plaintiffs carriedon in the United states of America and elsewhere, but
not in Great Britain, an extensive business in which
they granted franchises to independent stores to sell
footwear for athletes under the name "The Athlete's
Foot". During 1978 and 1979 they had taken steps to
secure a franchise agreement for the United Kingdom and
a prospective franchisee had gone so far as to order
goods and stationery with a view to establishing a
chain of stores under the name "The Athlete's Foot".
However, no franchise contract had been concluded and
no sales had in fact been made under that name. There
was nevertheless an awareness of the plaintiffs' trade
name and trading activities in a substantial section of
the public in England as a result of over-spill
publicity through American journals circulating there.
27 An application for injunctive relief against a trader
who sought to use the name in England was refused.
After a full review of the earlier cases, the court
(Walton J) held as follows at 350, lines 13-20:
"... as a matter of principle, no trader can complain of passing off against him in any territory ... in which he has no customers,
nobody who is in a trade relation with him. This will normally shortly be expressed by saying that he does not carry on any trade
in that particular country . . . but the inwardness of it will be that he has no customers in that country: no people who buy his
goods or make use of his services (as the case may be) there."
In the Anheuser-Busch case the plaintiffs and theirpredecessors were brewers of beer in the United States
of America. Their beer had been sold since 1875 under
the "Budweiser" trade mark. The first defendants were
from 1895 brewers of beer in Ceske Budejovice, a town
in Czechoslovakia formerly known by its German name of
Budweis. In sales in Europe the first defendants used
the word "Budweiser" in relation to their beer.
Before 1973, when the first defendants first sold
a significant quantity of beer in the United Kingdom,
the plaintiffs exported no beer to the United Kingdom for normal commercial sale and domestic consumption. Between 1974 and 1979,
when action was taken against the first defendants, the plaintiffs' sales in the United Kingdom were minimal, failing to exceed 240
000 cans a year, the principal outlets for which were American-style restaurants and clubs. However, from the years 1962 to 1973,
an annual average of more that 5 million cans of their beer were imported for use and sale in United States military and diplomatic
establishments in England. These cans were available for purchase, duty free, by serving Americans and by British employees of American
service establishments, but were not available for general purchase.
In 1973 the first defendants actively entered the United Kingdom market, and by 1980 their sales amounted to some 300 000 bottles
per annum.
29In 1979 the plaintiffs issued a writ by which they
sought, inter alia, by injunction to prevent the first
defendants from selling or dealing in any beer by the
name of "Budweiser" except for the plaintiffs' own
beer. By counterclaim the defendants sought by
injunction to prevent the plaintiffs from selling or
dealing in any "Budweiser" beer unless it was brewed by
the first defendants or otherwise originated from the
town of Budweis. Whitford J in the Chancery Division
refused both the claim and the counterclaim. He held
that neither brewery could be disentitled to use the
word "Budweiser" since neither was employing it
improperly and neither was making a misrepresentation,
notwithstanding the fact that some degree of public
confusion was apparent. The plaintiffs appealed.
On appeal it was accepted that the plaintiffs' Budweiser beer enjoyed a significant reputation among members of the public in the
United Kingdom as a result
30 of visits to the United states and spill-overadvertising. Such reputation was, however, not enough.
What was required was a goodwill in the United Kingdom,
which could not exist without a business there. This
was expressed by Oliver L J as follows (p 470):
"Mr Kentridge argues that once a goodwill exists it is for the owner of the goodwill to choose when and how he will go into the
market with his product. But this, with respect, begs the question, because it assumes the existence of the goodwill apart from the
market, and that, as it seems to me, is to confuse goodwill, which cannot exist in a vacuum, with mere reputation which may, no doubt,
and frequently does, exist without any supporting local business, but which does not by itself constitute a property which the law
And O'Connor L J said (at p 471)
"As a result of the plaintiffs' enormous business in the U.S.A. expanded by ever increasing advertising, I am in no doubt that
the evidence showed that ... the plaintiffs' Budweiser beer enjoyed a significant reputation among members of the public in this
country. That is not sufficient to found an action for passing off. It is the goodwill of a business carried on in this country that
can be protected, not the reputation -goodwill if you like - of a business carried on in another country."
On the facts the Court of Appeal held that theactivities of the plaintiffs in the United Kingdom did not amount to the carrying on of a business there.
Also in South Africa it has been held that a goodwill existing within the country is necessary to found a claim in respect of passing
off. See, for instance, Slenderella Systems Inc of America v Hawkins and Another 1959 (1) SA 519 (W) at 521A to 522B, Lorimar Productions Inc and Others v Sterling Clothing Manufacturers (Pty) Ltd 1981 (3) SA 1129 (T) at 1138H to 1140A and Tie Rack plc v Tie Rack Stores (Pty) Ltd and Another 1989 (4) SA 427 (T) at 442G to 445D. In the last mentioned case the applicant conducted in the United Kingdom and elsewhere, but not in South Africa,
either by itself or through franchisees, a number of shops under the name "Tie Rack". It sought to interdict the respondents
from doing likewise in this country. This attempt failed. The basic reason was stated by
Kriegler J as follows (at 445C-D:
"The simple truth is that the applicant has no goodwill, no attractive force in this country. The fact that people in this country
- and accepting that there may be many - know of applicant's business abroad and may be misled into believing first respondent's
shops are in some way associated therewith, does not afford applicant a proprietary right in this country. Put differently, applicant
has no business of any kind in South Africa and nothing first respondent has done can or is likely to do any harm to applicant in
the patrimonial sense in this country."
For present purposes it is not necessary todetermine whether these cases were correctly decided
either in the United Kingdom or in South Africa. In
Australia, for instance, the Federal Court went the
other way. See Conagra Inc v McCain Foods (Aust) Pty
Ltd [1992] FCA 159; 23 IPR 193. However, whether the above cases were
right or wrong, they demonstrate that the courts in
this country and the United Kingdom have in fact not
protected the owners of foreign trade marks who did not
have a goodwill within the country. To that extent the
common law of passing off has not been sufficient to
33 constitute compliance with art 6bis of the Paris
It seems clear that sec 35 of the new act and the
corresponding provision in the United Kingdom were
intended to remedy this lack. Thus sec 35(1)
pertinently extends protection to the owner of a
foreign mark "whether or not such person carries on
business, or has any goodwill, in the Republic". And
the type of protection which is granted by sub-sec (3)
is typical of that which is available under the common
law of passing off: a prohibition on the use of the
mark in relation to goods or services in respect of
which the mark is well known and where the use is
likely to cause deception or confusion.
It is against this background that the expressions
"well-known trade mark" and "well known in the
Republic" must be interpreted. Counsel for McDonald's
contended that the legislature intended to impose no
34 more than the ordinary requirement for passing off
actions, namely that the reputation must extend to a
substantial number of members of the public or persons
in the trade in question. See Webster and Page, South
African Law of Trade Marks, 3 ed, 417; Kerly's Law of
Trade Marks and Trade Names, supra, para 16-10; John
Craig (Pty) Ltd v Dupa Clothing Industries (Pty) Ltd
1977 (3) SA 144 (T) at 150 in fin and the Conagra case,
supra, at 237 lines 14 to 37.
Of course, the mere fact that the legislature
intended to provide some protection for a foreign
trader who does not have a goodwill or a business
inside the country does not necessarily mean that such
protection must be coterminous with that afforded to
local businessmen. It is accordingly conceivable that,
in order to receive protection, the foreigner might
have to prove a greater public awareness of his mark
than is required of a local businessman claiming a
remedy against passing off. And, indeed, the
respondents argued that the legislature in giving protection only to well-known marks, did impose a higher standard. On the ordinary
meaning of language, so the argument went, a mark is well known in the Republic only when known to a large part of the population
as a whole.
This argument raises two questions, namely
must the mark be well-known to all sectors of the population; and
whatever the relevant sector of the population may be, what degree of awareness within that sector is required before a mark can properly
be described as well-known.
The answer to question (a) is, I think, clear. Section 35 of the new act was intended to provide a practical solution to the problems
of foreign businessmen whose marks were known in South Africa but
36 who did not have a business here. The South Africanpopulation is a diverse one in many respects. There are
wide differences in income, education, cultural values,
interests, tastes, personal life styles, recreational
activities, etc. This was obviously known to the
legislature when it passed the new act. If protection
is granted only to marks which are known (not to say
well-known) to every segment of the population (or even
to most segments of the population) there must be very
few marks, if any, which could pass the test. The
legislation would therefore not achieve its desired
purpose. Moreover, there would not appear to be any
point in imposing such a rigorous requirement. In
argument we were referred as an example to a mark which
might be very well known to all persons interested in
golf. Why should it be relevant, when deciding whether
or not to protect such a mark, that non-golfers might
never have heard of it? I consider therefore that a
37 mark is well-known in the Republic if it is well-known
to persons interested in the goods or services to which
the mark relates.
The next question then is: how well should it be
known to such persons? (question (b) above). On behalf
of McDonald' s it was argued that the test in this
regard is a qualitative and not a quantitative one. The
question is not, it was argued, how many of the
relevant persons know the mark, but how profound the
knowledge of the mark is among those who do know it. In
my view this argument is untenable. I suppose that
knowledge of a mark could be so vague or superficial as
hardly to count as knowledge at all, but apart from
that I would not have thought that there would normally
be great differences in the degree of knowledge of the
mark by members of the public, or that such
differences, if they existed, would be of any
relevance. In the present context the important
38 practical question is not whether a few people know the
mark well but rather whether sufficient persons know it well enough to entitle it to protection against deception or confusion.
How many people are sufficient? The only guideline provided by the legislature lies in the expression "well-known". This
is in itself so vague as hardly to provide any assistance at all. It is certainly capable of bearing the meaning urged upon us by
counsel for McDonald's, namely a substantial number as used in the law of passing off generally. In this regard the judge a quo commented
that if it was the object of the sub-section to require knowledge only of a substantial number of persons, " it is strange that
this was not simply stated to be the requirement instead of merely adopting the terminology of section (sic) 6bis (1) of the Paris
Convention". With respect, I do not agree. The purpose of the legislature clearly was to give
39 legislative force to article 6bis of the ParisConvention. To this end it was natural to repeat the
language of the Convention, leaving it to the courts to
give practical effect to the vague expressions used.
On behalf of the respondents it was contended that a greater extent of public knowledge is required. The difficulty here is one of
definition and practical application. If a substantial number is not sufficient, what is? To require one hundred percent would clearly
be excessive, but how much less would suffice? Seventy-five percent, fifty percent? What logical basis is there for laying down any
such requirement? And how does one prove any such arbitrary percentage?
It seems to me that McDonald's's contention must be sustained. The legislature intended to extend the protection of a passing off
action to foreign businessmen who did not have a business or enjoy a goodwill inside the country provided their marks were
40 well-known in the Republic. It seems logical to acceptthat the degree of knowledge of the marks that is
required would be similar to that protected in the
existing law of passing off. The concept of a
substantial number of persons is well established. It
provides a practical and flexible criterion which is
consistent with the terms of the statute. No feasible
alternative has been suggested.
In coming to a different conclusion the court a
quo relied heavily on the Canadian case of Robert C
Wian Enterprises, Inc v Mady (1965) 49 D L R (2d) 65.
Sec 16 of the Canadian Trade Marks Act provided inter
"Any applicant ... for registration of a trade mark that is registrable and that he or his predecessor in title has used in Canada
or made known in Canada in association with wares or services is entitled .... to secure its registration in respect of such wares
and services, unless at the date on which he or his predecessor in title first so used it or made it known it was confusing with
(a) a trade mark that had been previously
41used in Canada or made known in Canada by any other person;"
The expression "made known in Canada" was defined in
sec 5, which, in so far as relevant, read as follows:
"A trade mark is deemed to be made known in Canada by a person only if it is used by such person in a country of the Union, other
than Canada, in association with wares or services, and
(b) such wares or services are advertised in association with it in
(i) any printed publication circulated in Canada in the ordinary course of commerce among potential dealers in or users of such wares
or services, or (ii) radio broadcasts, as defined in the Radio Act ..., ordinarily received in Canada by potential dealers in or
users of such wares or services,
and it has become well known in Canada by reasonof such ... advertising."
The court had to decide inter alia whether the plaintiff's trade mark had become "well known in Canada" by reason of radio
advertising. For the purpose of establishing this, the plaintiff tendered affidavits of 54 persons residing in Windsor, Ontario.
The court analysed these affidavits and found them to be of
insufficient weight. It therefore held (at p 81) thatthe plaintiff had failed to establish that its trade
marks were "well known in Canada" by reason of radio
Despite having decided the matter in issue, the
court proceeded to state the following in a passage (at
p 81) relied upon by the court a quo:
"Furthermore, I think I should say that there was really no attempt, in my view, to show that the plaintiff's trade marks were
'well known in Canada'. All that was attempted was to show that they were well known in Windsor, Ontario and surrounding territory.
It was argued that, if they were well known in any part of Canada, they were 'well known in Canada' within s. 5 of the Trade Marks
Act. I cannot accept this view. A thing
may be regarded as known in Canada if it is known only in some part of Canada but, in my view, it is not 'well known' in Canada unless
knowledge of it pervades the country to a substantial extent.... I do not think a trade mark can be regarded as 'well known in Canada'
when knowledge of it is restricted to a local area in Canada. In my view it must be 'well known' across Canada 'among potential dealers
in or users of the wares or services with which it is associated."
It should be noted that the court in the Wian case43 was faced with different problems from those arising in
our case. In the Canadian legislation there was no
uncertainty about the class of persons to whom the
trade mark had to be well known. Section 5(b) (ii) of
the Act in effect defined the class as being "potential
dealers in or users of such wares and services" (i e,
the wares or services in association with which the
trade mark was used by the plaintiff). The further
question, i e, when a mark must be regarded as well
known to such a class, also did not arise in the Wian
case. The only matter dealt with in the above passage
was the geographical area within which the mark had to
be well known. This is not a question which arises in
the present case. Moreover, the court's views in this
regard were based on the Canadian legislation which
differs from ours. In all these circumstances I do not
find the Wian case of any assistance. I may note in
passing that the reasoning in the above passage has in
44 any event not been accepted unreservedly in Canada. See
Valle's Steak House v Tessier et al. (1974) 49 CPR (2d)
218 at 226.
I turn now to the evidence concerning the extent
to which the McDonald's trade marks are known in the
Republic. As I have stated earlier, McDonald's is one
of the largest, if not the largest, franchiser of fast
food restaurants in the world. At the end of 1993 there
were 13 993 McDonald's restaurants spread over 70
countries. The annual turnover of McDonald's
restaurants amounts to some $23 587 million. McDonald's
trade marks are used extensively in relation to its own
restaurants as well as to those that are franchised.
The level of advertising and promotion which has been
carried out by McDonald's, its subsidiaries, affiliates
and franchisees in relation to McDonald's restaurants
exceeds the sum of $900 million annually. Their
international marketing campaigns have included
45 sponsorship of the 1984 Los Angeles and 1992 Barcelona
Olympics. McDonald's has also been a sponsor of the
1990 soccer World Cup Tournament in Italy and the 1994
World Cup Soccer Tournament in the United States of
America. Mr Paul R Duncan, the vice president and
general counsel of McDonald's, stated on affidavit
that, in view of the vast scale of his organisation's
operations, the McDonald's trade marks are in all
probability some of the best known trade marks in the
world. This was not denied. Although there was no
evidence on the extent to which the advertising outside
South Africa spilled over into this country through
printed publications and television, it must, in all
probability, be quite extensive. In addition the
McDonald's trade marks would be known to many South
Africans who have travelled abroad. This again would
not be an insignificant number.
Spontaneous acts by South Africans have confirmed
46 that there is a general level of knowledge in this
country about the operations of McDonald's. Thus
McDonald's disclosed that, between 1975 and 1993 it
received 242 requests from South Africans to conclude
franchising agreements. Some of these applicants were
prominent companies. For reasons which are not relevant
at present, none of these applications were acceded to.
The conduct of Joburgers and Dax in the present
case confirms the reputation attaching to the
McDonald's marks. Intrinsically the word McDonald has
no attractive force. It is a fairly common surname. Had
it not been for the reputation it has acquired over the
years nobody would wish to appropriate it. It is
therefore significant that Joburgers and Dax have gone
to considerable trouble and expense to obtain control
over the McDonald's marks. Joburgers announced its
intention of operating under the name McDonald's in a
provocative manner through an article in the Sunday
Times which was bound to stimulate legal action againstit. It may be noted in passing that the article in the
Sunday Times, which is quoted above, itself clearly
presupposes that its readers would be aware of
McDonald's, its business, products and marks.
After an interdict was obtained against Joburgers,
it purchased the business of MacDonalds in Durban. I
have already referred to the litigation between
Joburgers and the Khans arising out of that purchase.
In her affidavit in those proceedings Mrs Pead, who, it
will be recalled, is a director of Joburgers, made it
quite clear what the purpose of the transaction was.
She said:
"[Joburgers] wishes to secure the goodwill built up through the eighteen years use of the MacDonalds trade mark for itself. should
[Joburgers] not be able to do so its position in regard to the proceedings with McDonalds Corporation ... will be severely prejudiced."
When the court held that Joburgers was in breach of theinterdict by conducting the MacDonalds business in
Durban, the business was sold to Dax, a business
associate of Joburgers. Both Joburgers and Dax have applied for the registration of McDonald's marks or similar ones, and have applied
for the expungement of these marks in the name of McDonald's.
Quite obviously Joburgers and Dax both consider that the McDonald's mark is a valuable asset, worth a great deal of trouble, expense
and risk to secure. They have not given any explanation for this attitude. If one assumes that they intend to trade under the name
McDonald's or MacDonalds, there is only one possible explanation, namely that in their view the McDonald's marks enjoy a high reputation
in this country.
An affidavit was filed by Mr M J Collins. He is the managing director of a company which inter alia advises franchisers and franchisees
on all aspects of franchising. He served as Vice Chairman, and later as Chairman, of the South African Franchising Association
49 from 1983 to 1992. He has addressed numerous meetings,conferences and seminars on various aspects of
franchising. During such addresses he has on numerous
occasions held up the business format adopted by
McDonald's as the model for efficient franchising.
During seminars he was questioned about McDonald's and
its business system. Moreover, since becoming Vice
Chairman of the South African Franchise Association, he
says, he has received "numerous requests, too numerous
even to have counted" from prospective franchisees and
ordinary members of the public for advice as to how to
become a McDonald's franchisee. He also notes that the
South African press regards McDonald's as newsworthy.
Thus coverage was for instance given when McDonald's
opened its first outlets in Russia and continental
China. Objection was taken to the admissibility of Mr
Collins's affidavit, but at least the items of evidence
mentioned above must be admissible. I discuss their
50 weight later.
Finally there was evidence about two market surveys. A great deal of argument was addressed to us about the admissibility and weight
of such evidence. Before going into such matters it is necessary first to set out the nature and content of the evidence.
Mr C K Corder is the Chairman and Managing Director of Market Research Africa (Pty) Ltd. It is not disputed that he is an expert on
market researching. In his affidavit he sets out first the theoretical principles involved. The basic theory of market research is
that from a given representative sample of the consumer public it is possible to project, by means of acceptable mathematical methods,
results of such sampling to a general population or "universe" within certain statistical limits. In other words, the researcher
first determines the class of persons (or universe) which is sought to be tested, and then
51 questions individuals from that universe. Theconfidence that one has in a projection from the
samples to the universe varies according to the number
of persons interviewed in the survey, the sampling
technique used and the level of response. Statisticians
commonly use the term "inference" to denote the process
of generalising sample evidence to the universe from
which the sample is selected. The basis of inferential
statistics is probability theory. A theorem in
probability theory, namely the Central Limit Theorem,
which applies in this case, states that if a large
number of independent samples are drawn from a
universe, the individual results will be different, but
that they will have a "normal" distribution around the
real value being measured in the universe. Based on
this theorem, and standard and accepted statistical
tables in relation to normal distribution, one can
calculate the probability of the real value in the
universe being within a specific interval or variation,which Mr Corder referred to as the confidence level.
During September 1993 Mr Corder was instructed to conduct a market survey on behalf of McDonald's. He was informed that the objectives
of the study were to establish awareness of the name McDonald's, to measure recognition of the McDonald's trade marks, to ascertain
the association of McDonald's with certain products or types of business undertakings, and to establish the awareness of McDonald's
hamburgers. The method used by him was the conducting of personal interviews using a structured questionnaire and interviewing aids.
The interviewing aids consisted of two text show cards and one colour picture show card featuring the main McDonald's trade marks.
Copies of the questionnaires and show cards were before the court.
The universe for the survey was defined as white adult males and females, aged 16 years and over, living
in houses in higher income suburbs of Pretoria,Verwoerdburg, Johannesburg, Bedfordview, Randburg and
Sandton. A sample of 202 persons was taken. Mr Corder
gave details about the manner in which the sample was
selected. I need not repeat them - there is no
suggestion that the sampling was not scientifically
correct. The fieldwork was conducted from 7 December to
24 December 1993 by trained interviewers under the
supervision of field supervisors. Twenty-one percent of
the interviews were back checked in order to ensure
reliability. Affidavits of supervisors and interviewers
were filed to confirm their actions. Mr Corder, who was
in overall control, also confirmed that the survey was
properly conducted.
The relevant conclusions were set out as follows:
"A large majority of respondents were aware of the name McDonald's, and/or the McDonald's logos/trademarks (77%). More than half
had heard of both McDonald's, and knew the logos/trademarks too (57%).
Most respondents spontaneously associated McDonald's with hamburgers, or knew of 'McDonald's Hamburgers' (80%).
The results indicate that the majority of white adults, aged 16 and over, living in households in higher income suburbs of Johannesburg
and Pretoria are aware of the McDonald's brand name, and associate McDonald's with hamburgers".
During January and February 1995 a similar surveywas conducted among white males and females, aged 16
years and over, living in selected higher income
suburbs of Durban. The conclusions were stated as
"A large majority of respondents were aware of the name McDonald's, and/or the McDonald's logos/trade marks (90%). More than half had heard of both McDonald's, and also knew the logos/trade marks (52%).
Most respondents spontaneously associated McDonald's with hamburgers, or knew of McDonald's Hamburgers (87%).
The results indicate that the majority of white adults, aged 16 and over, living in the higher
income Durban suburbs of Broadway, Essenwood, Morningside and Musgrave are aware of the McDonald's brand name, and associate McDonald's
with hamburgers."
This survey evidence raises two questions, viz, whether it is admissible, and what weight should be attached to it. To a certain extent
these questions are interrelated, as will be seen.
I deal first with admissibility. The basis upon which the admissibility of market survey evidence has been questioned in the past
is that it is of a hearsay nature. See Hoechst Pharmaceuticals (Pty) Ltd v The Beauty Box (Pty) Ltd (In Liquidation) and Another
1987 (2) SA 600 (A) at 6161 to 617D, and authorities there quoted, particularly Die Bergkelder v Delheim Wines (Pty) Ltd 1980 (3) SA 1171 (C) at 1180A to 1182E. See also A Paizes, Public-Opinion Polls and the Borders of Hearsay (1983) 100 SALJ 71.
The matter of hearsay evidence is now governed by statute. Sec 3 of the Law of Evidence Amendment Act 45
56 of 1988 provides that hearsay evidence is inadmissible,subject to certain exceptions. Sec 3 (4) defines
"hearsay evidence" as
"evidence, whether oral or in writing, the probative value of which depends upon the credibility of any person other than the
person giving such evidence."
In the present case, evidence was given by MrCorder as well as by the supervisors and interviewers.
The only people involved in the survey who did not
testify were the interviewees. The question then is:
does the probative value of the evidence depend on the
credibility of the interviewees? On behalf of
McDonald's it was contended that it did not. The
evidence should be admitted, it was argued, because it
is opinion evidence of a scientific nature, or,
alternatively, that it relates to a state of mind. In
support of the latter proposition reliance was placed
on Hollywood Curl (Pty) Ltd and Another v Twins
Products (Pty) Ltd (1) 1989 (1) SA 236 (A) at 251J to
I doubt whether either leg of this argument is
correct. It is true that an expert may sometimes refer
to hearsay sources in support of his views. However, if
his views are entirely based on assertions which he
obtained from somebody else, it is difficult to contend
that the probative value of his evidence does not
depend on the credibility of such other person. And in
so far as the evidence is said to relate to a state of
mind, this may be true in respect of some of the
replies. It may be that in some cases the mere fact
that an interviewee made a certain utterance may be
relevant as indicating his state of knowledge (e g by
his associating McDonald's with hamburgers). In some
other cases it does seem to me, however, that it is the
assumed truth of what is said by the interviewees which
is ultimately reflected in the results of the survey.
It is not necessary, however, to pursue this
matter any further since I consider that, even if it is
hearsay, the evidence should have been admitted under
one of the exceptions provided in the statute. Sec
3(1)(c) allows hearsay evidence to be admitted if
"the court, having regard to -
(i) the nature of the proceedings; (ii) the nature of the evidence; (iii) the purpose for which the evidence is tendered;
(iv) the probative value of the evidence; (v) the reason why the evidence is not given by the person upon whose credibility the probative value of such evidence depends; (vi) any prejudice to a party which the admission of such evidence might entail; and (vii) any other factor which should in the opinion of the court be taken into account, is of the opinion that such evidence should be admitted in the interests of justice."
In the present case the evidence is tendered,
broadly speaking, to show the extent to which the name
McDonald's and its trade marks are known amongst the
public. In theory the best way of doing this would
probably be by calling a representative sample of the
public as witnesses. Expert evidence would explain how
59 the sample was selected and what conclusions could be
drawn from the results. This would, however, not be a
practical course to follow. First, it would require the
evidence of a large number of people. Second, the
persons comprising such a sample should of course have
no interest in the outcome of the proceedings. It is
consequently unlikely that such persons, or most of
them, would be prepared to become involved in the
litigation. A properly conducted market survey places
the replies of such people before the court without
requiring affidavits from them. No substantial
disadvantage flows from this course. It seems most
unlikely that any interviewee would lie in a matter
such as his or her knowledge of McDonald's, and in any
event the theories underlying such surveys make
allowances for a certain margin of error. There can be
no prejudice to the other parties. They are given a
full opportunity to check the results of the survey. In
fact in the present case Joburgers and Dax did not


text:
quote:I prefer A Long Walk.
quote:I wonder if her mom was cortexiphaned.
quote:Possibly, or just a natural phenomena if you believe such things.
quote:"I know Kung Fu."
quote:I want Peteserver to say "I know Kung Fu."
quote:Olivia "Debbie downer" Dunham...dang
quote:that was pretty harsh. im waiting for her to start going to playgrounds and shouting santa isnt real

subset: commoncrawl


text:
Cashflow forecasting is your crystal ball
Cash is the scarce resource that restricts the development of any business. Having a picture of future cashflow is key for small business owners. It helps understand scenarios like how fast you can go, how much you need to sell, and when you might be able to hire your next employee. Understanding historical trends helps you forecast cashflow. Once you have a forecast you can plan for what the future brings. Not only that, the business decisions you make will be better.
This sort of project is ideal to work on with your accountant. In fact many Xero Partners are doing just that with their clients. Here's how:
Start with the Cash Summary Report in Xero. This explains the historical trends of cashflow and it's in a Profit & Loss format.
To build a cashflow forecast, pump the Cash Summary Report out to Excel and use the historical data to map the likely results forward. All Xero Reports are exported with the formulas in the background which makes it easy to take the base numbers and project them forward. Considering the Accounts Receivable and Payable amounts will provide a fairly good idea of what the next few months might look like.
Regular monthly fixed costs like rent and telephone should be relatively easy to project. Working through the revenue model of the business will help determine the likely invoicing and timing for collection. Variable costs can generally be mapped as a percentage of sales. If labour is a big part of the business it might be worth constructing a specific model for wages and salary – these may be fixed or variable. Finally don't forget the non-operating items such as tax payments and asset purchases.
Once the models have been built they can be updated on a monthly basis with the actual results from the Cash Summary Report in Xero. Take some time to consider why the actual results were different from the forecast. The more often the model is updated, the more the forecast will help with the projections in the future.
Creating a cashflow forecast is one of the ways we're seeing accountants build a higher value relationship with their client. Often it's the starting point for other services and it gives both parties an idea of how fast the business can run.
Download a cashflow forecast example.
Whether you're a small business owner or an accountant we'd love to hear how this has worked for you on the Xero Community. You can also share your experiences about how business and owners and accountants are working together.
Read more about Accountants
12 comments
Nice explained, I came up to this blog by google as "Cashflow forecasting" query
And i think i was lucky i found ur blog…..there is uniqueness to read in it.
Cashflow models really helps in doing a great organised business
On this point, any chance of getting the long-promised improvements to the Xero budget function? It's so bad as to be unusable at the moment.
cash flow forecasting & budgeting have always struggled to get a featured place in accounting software…even that other software I wont mention…had limited capacity…I guess the good thing about XERO is the API functionality and you are actively introducing new features…both avenues for a solution
Please just give us integrated cashflow forecasts. Can't you just buy pulseapp.com and marry it with Xero? Love Xero!!
Hey i found this app that you can actually use with Xero spotlightforecasting.com but i havent been able to use it properly so i dont know if it is what you are looking for. @peter venero
Hi Peter – we're looking for beta testers for our cashflow forecasting for Xero right now… Its called Float and its coming soon!
@colin float looks slick, any idea of a release date?
Built in cashflow forecasting would save us soooo much time. Probably the most important process in our business and too clunky and error prone in our spreadsheets. Please hire another 500 developers or buy another startup. Please hire those developers outside NZ though so there are some left for us. Thanks.
OMG I can't believe that in this day and age we are back to spreadsheets!!! Xero get your act together and get cashflow forecasts – a company director (for or non-profit) needs these quickly at hand in order to make informed decisions to reduce the risk of insolvency!! I'll keep using quickbooks until you do! At least is has intelligent reporting.
Had nightmare day trying to cash flow from Xero, nearly look at other packages, but have so many integrations into it can't bear to switch today…thanks for note on Float, going to give them a shot on the free trial they do.


text:
Shows Promise
You're gonna need more time to figure things out with this one. You two get along great but it's not clear whether it's chemistry or friendship. Take your time getting to know him better and it'll become more apparent whether you're headed towards a hook up or a break up.
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text:
interstate 80 - Page 2
Michigan Man Killed In I-80 Crash
New Flavor for Remote Wyo. Town: Vietnamese Coffee
Wyoming Highway Patrol Working To Improve I-80 Safety
Identity Of Accident Victim Unknown
Snow Making Travel Difficult In Wyoming
Motorcyclist Dies In Carbon County Crash
Speed, Weather May Have Caused Fatal Crash
Wyoming Wind Topples Semi On I-80 [VIDEO]
Rollover Crash Kills Two Near Laramie
Two Nebraska children were killed in a one-vehicle rollover Thursday on Interstate 80 on the east side of Laramie, according to Wyoming Highway Patrol spokesman Sgt. Steve Townsend.
He says the crash began shortly after 9:30am when a 2003 Ford F-150 pickup driven by 23 year old Edgar Carmona failed to negotiate a right hand curve in the eastbound lane of the interstate


text: I decided to forego my movie plans and instead do somewhing which would hopefully lead to some positive social interaction. I went to another gay bar, this time down in the West Village. The Stonewall Inn, Yes, THAT Stonewall Inn, the scene of the riots in the summer of 1969. I wasn't really planning on much , just having a beer, hanging out for a little bit and then going home. Just my luck, who do I end up getting a stool next to but Anthony, the guy I met on my first gay bar excursion beack in August. He remembered me but he didn't remember my name.


text:
"The real difficulty is that people have no idea of what education truly is. We assess the value of education in the same manner as we assess the value of land or of shares in the stock-exchange market. We want to provide only such education as would enable the student to earn more. We hardly give any thought to the improvement of the character of the educated. The girls, we say, do not have to earn; so why should they be educated? As long as such ideas persist there is no hope of our ever knowing the true value of education." - M. K. Gandhi
Institute Profile The institute is run under the dynamic leadership of Hon'ble. Shri Tukaramji Dighole. He is a civil engineer from Walchand College of Engineering, Sangli. He was member of legislative assembly for there consecutive tenures (1985 to 1999). He was a minister of state for Rural Development, Energy and Employment Guarantee Scheme from 1996 to 1999.He had played vital role in formulating various policies of upliftment of rural masses during his tenure.
He is instrumental in the progress of K.V.N.Naik Shikshan Prasarak Sanstha,Nashik which has expanded it's growth from school education to higher education and then to Technical and professional education. The institute aims to impart premium Quality technical education to young people in an academic environment. The institute provides equal educational opportunities which empower students to become productive and morally robust in a technology oriented society. We have a philosophy of education with emphasis on the intellectual, spiritual and emotional growth of every individual student which is evident in all facets of campus life. The academic and technological programme will allow students to prepare themselves for their career, as well as pursue higher research-based technical education through curricular, co-curricular and extra curricular activities. The Polytechnic provides opportunities for personal growth as well as social awareness and responsibility. The pleasant beautiful campus of the Polytechnic is located in the heart of Nashik city. i.e. Canada Corner. Polytechnic is accessible by bus as well as Nashik road railway station.
In order to provide healthy & safe environment conducive for studies, following committees have been formed
1) Antiragging Committee
2) Student Redressal Committee
3) Women Grievience Comittee
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Tag Archives: Drills
Shutting Down the Guard Pass
It's called 'rolling' for a reason: if you're doing BJJ then you're going to be somersaulting all over the place. And there are three types of rolls that you encounter all the time on the mats:
- The forward roll,
- The backwards roll
- The side roll
In the video below BJJ world champion Brandon 'Wolverine' Mullins shows how you can use the third movement – the side roll – to defend against a very common and otherwise difficult-to-deal-with style of guard pass. (more…)
Some Tweaks for Tightening the Armbar from Closed Guard
Chances are that the armbar from guard is one of the first techniques you ever learned in BJJ.
In fact the closed guard armbar is one of those fundamental techniques that results in submissions every day at every BJJ school in the world (in fact it's the fifth most popular submission in a poll of 533 Grapplearts readers).
But just because you learned it early in your career, and just because you've been practising it for a long time, doesn't mean that you can't make it better! (more…)
How To Do the Cartwheel Guard Pass
The cartwheel guard pass is one of the most spectacular guard passes out there. But it's not as difficult to do as you might think.
In the video below I show you an easy four step progression, including some drills you can do on your own, to incorporate this exciting move into your repertoire. (more…)
The Easiest Way to Teach (and Learn) the Armbar from Guard
The armbar from guard is one of those bread-and-butter techniques in Brazilian Jiu-Jitsu. A signature move, if you will.
Unfortunately it can also be difficult for some people execute the mechanics of the armbar from the guard correctly. It's easy to get confused with all that gripping, shifting, adjusting and swivelling, and then completely botch the whole technique.
But I've found a way to make the armbar from the bottom a whole lot easier to teach.
How to Incorporate a New Technique into Your Arsenal
Incorporating a new move into your sparring and competition repertoire can be tricky. Too many people go and and try their nifty new technique on everybody right away, hoping that it will work at least some of the time. But this may not actually be the best way to do it.
In fact, this scattershot method, and not having a concrete plan for rolling out new moves, can even be counterproductive… (more…)
A Cool X Guard Drill and Sweep
In recent years the X Guard has become one of the bread and butter positions in the open guard repertoire. It's an incredibly powerful position, both in gi and no gi grappling (click here for an intro to the X Guard).
There are a ton of great techniques, sweeps, and drills that revolve around the X guard, but today I want to share a new drill with you that I recently learned from Clark Gracie in the basement of a friend's house. (more…)
What Do White Belts Need to Learn in Their 1st Year of BJJ?
by guest author Mark Mullen
I'm currently in Rio de Janeiro doing a little training in BJJ. While here I have met a number of white belts at the Connection Rio BJJ hostel. Sitting around the pool or over acai after training, inevitably the topic of conversation turns to BJJ and the struggles of the white belts trying to find their way in the art suave.
Home Drilling for BJJ Skill Development
I often get questions from BJJ and submission grappling practitioners about whether they can benefit from doing additional drills at home. Often the people asking these questions are either extremely time-constrained and can't make it to the class as often as they would like. Or they are just very serious students of the art and want to improve as fast as humanly possible.
My answer is that there ARE a lot of solo movement drills in BJJ. And yes, drilling can sometimes be very, very helpful. (more…)
At the bottom of this post is a Youtube video I just created to show the easiest way to do the Berimbolo.
Now if you're a Berimbolo aficionado then you've probably already scrolled down. But maybe you're on the fence about this move. Or maybe you don't even know what it is and why you should care about it.
Well, give me a minute to put it into context for you… (more…)
3 Drills for Passing & Defending Butterfly Guard
Drilling is critical to skill development in BJJ in general, which is why we talk about it so often in this blog (click here to see some past articles about drilling).
Drilling and technique repetition become even more important if you're dealing with a position like the butterfly guard. (more…)
How to Train BJJ, even with an Injured Arm (Drill)
This article and video are about how to train and continue to make progress in BJJ when you're dealing with an arm injury.
Now I hope that you go through your entire BJJ career without ever suffering a single injury. But this is a contact sport, and therefore you're probably going to get a little banged up from time to time. (more…)
What is the X Guard?
Depending on how you look at it, the X Guard can be be classified as either a form of Open Guard or a form of Half Guard. Maybe that's why the BOTH those positions transition so well into the X Guard.
But how about an alternative perspective… (more…)
A reader writes: Hi Stephan, I've been doing BJJ for about 6 months and am wondering if you have any advice about what to do when you're starting on the knees?
I find that most wrestling-style takedowns are very difficult to do from the knees, especially because my opponents are really good at sprawling. (more…)
A Fancy-Pants Z Guard Pass that Never Worked Until...
There's this one impressive, fancy-pants guard pass that I've seen in competition many times. It makes everybody go 'oooh' and 'aaaah', but despite its dramatic nature it's undeniably effective and has won a LOT of matches at the highest levels of competition.
I tried to imitate this technique, of course, but it was always a complete disaster. I never managed to figure out exactly what these high-level guys were doing. (more…)
5 Ways You Can Best use Open Mat in BJJ
A Guest Article by Mark Mullen
The majority of most BJJ'ers training time is spent attending structured classes at their academy. And most academies divide their structured classes into 3 portions: (more…)
What To Do When Your Guard Attacks Fail
It's my very favorite quote from the movie 'The Avengers' which I saw last night:
Captain America: We need a plan of attack!
Iron man: I have a plan… Attack!! (more…)
Half Guard Leg Position Drill for BJJ & Submission Grappling
The Half Guard is a very powerful position from which to sweep or submit your opponent. But just like all other forms of guard, it's really important to know how to move your hips and your legs correctly. No movement = no guard!!! (more…)
The Deep Half Guard
The Deep Half Guard is a position that I've been working with for the past year or so. I often end up using it to counter various guard passes to the 'regular' half guard.
In the Deep Half Guard you jack your opponent's leg up onto your shoulder. (more…)
Tips for training when training partners are hard to find
Maybe you travel a lot. Maybe you live in a really small town. Maybe the club you used to train at closed down. Maybe it's just too far to go to train regularly. In any case, training partners or good training environments are sometimes hard to find. So what do you do? (more…)
The Drills of Shaolin
When Vitor 'Shaolin' Ribeiro started talking the drills he uses I paid attention. Shaolin has won the World BJJ Championships 4 times, holds the 140 to 155 lb belt in Shooto, and has a long list of other titles. He is an outstanding competitor in Brazilian jiu-jitsu, submission grappling and mixed martial arts, so he knows how to train effectively and efficiently! (more…)
Gracie Magazine Jiu-Jitsu manual
20 tips to enhance your play
If you only read and keep the teachings presented here, you're not going anywhere with your ground techniques. The following advices – useful in tournaments with gi, grappling, MMA and for the athletes personal evolution – ought to be studied between trainings. (more…)
The Way to Train
The Way to Train – Jiu-jitsu Idealism
An article by Tal Williams of Elite Martial Arts.
I was put to task to write something about Brazilian jiu jitsu. I'm not going to teach you any bad ass moves that will ensure metaphoric death to your foes because I don't know them, and it also doesn't go with the title. (more…)
In December, 2008, I sent out a Grappling Tip Email with a tip about not letting your opponent control your hips (see the first tip below). I asked readers to share their best tips for preventing or blocking the guard pass…
Pulling Guard in MMA
Q: Hello Stephan,
I'm a big fan of your website – I've been following it since 2009. I compete in BJJ and No-Gi submission wrestling.
I've also been training MMA with hopes of having my first amateur fight within the year. (more…)
Two Drills on Video to Improve your Guard Sweeps
Many of the most powerful guard sweeps rely on your hips being underneath your opponent's center of gravity.
This makes him very unstable – think of the difference between
1. standing on the floor beside one of those stability balls, and
2. trying to stand on top of that same stability ball. (more…)
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Austin Police Department pulled over a Peaceful Streets Project team that was observing police activity. The thug cop who forced Antonio Buehler out of the vehicle and detained him against his will was named Brown.
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This comfortable luminous space, generous with objects, images and texts turns into a whole new world to be explored the past and the present of Salta city.
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Cabinetry Refinishing & Restoration by Dayton Salter
Cabinetry Refinishing & Restoration by Dayton Salter offers the greater Birmingham, AL and all of Central Alabama quality cabinet refinishing and resurfacing.
A job for professionals. Cabinetry refinishing is fast and affordable, it requires extensive experience, training, and highly specialized materials and processes. We have seen homeowners resort to harsh abrasive cleaners to remove stubborn layers of grease and dirt - only to destroy the finish on the cabinets. Others spend several weekends refinishing their cabinets, but use the wrong process and/or the wrong materials, so the new finish began lifting and peeling within days.
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Tech Chronicles
News and views from the digital frontier.
Monthly Archive for June, 2013
Parker responds to criticism over Big Sur wedding
This space took a pretty big swing at Interent entrepreneur Sean Parker over his Big Sur wedding this weekend, for which he ended up handing over $2.5 million to the Coastal Commission in an agreement reached over "unpermitted development" at the site in question. The agency discovered a stone bridge, rock walls, artificial pond and [...]
[Read More]
Should you care if the government spies on you?
In 2011, Ron Wyden (D-Ore.) stood on the Senate floor and said: "I have served on the Intelligence Committee for a decade, and I want to deliver a warning this afternoon: when the American people find out how their government has secretly interpreted the Patriot Act, they will be stunned and they will be angry." [...]
[Read More]
Is the Internet green? Yes and no
Google is hosting a summit on its corporate campus on Thursday exploring the question: How green is the Internet? The main speakers include former Vice President Al Gore, Google Chairman Eric Schmidt and Urs Hölzle, the Mountain View Internet giant's senior vice president of technical infrastructure. The question at the heart of the conference is a [...]
[Read More]
Students control a helicopter just with brainwaves
Students in a Minnesota gymnasium have controlled a remote control helicopter. So what? Well, they did it with no hands — just their brains. Dramatics aside, a study in The Journal of Neural Engineering has shown that using a "neural computer" — a funny-looking cap packed with 64 electrodes — that people can control the [...]
[Read More]
Twitter's Jack Dorsey Vines from atop the Bay Bridge
Here's something most company executives wouldn't do – climb to the top of the windswept Bay Bridge to show off a product. But that's just what Twitter Chairman and Co-Founder Jack Dorsey did Tuesday morning, along with a Caltrans escort. And Dorsey whipped out his smart phone frequently to tweet a series of short six-second [...]
[Read More]
Internet billionaire's lavish wedding put threatened species at risk
This story has been updated to reflect that Lt. Gov. Gavin Newsom doesn't serve on the Coastal Commission. Entitled Internet billionaire brat Sean Parker loves Big Sur so much that he couldn't let permits, penalties or threatened species get in the way of his plans for a lavish wedding amid the redwoods. The California Coastal [...]
[Read More]
Why Zynga is failing — in basic napkin math
With basic napkin math, I'm going to try to explain why Zynga is failing and why it was always destined to do so. Yesterday the game giant laid off about 500 employees, roughly 18 percent of its staff. It certainly hasn't "failed" yet, but the trends are not pointing in the right direction either. Napkin [...]
[Read More]
Zynga slashing 18 percent of workforce, projects bigger net loss
The struggles at Zynga worsened Monday as the social game maker announced plans to cut 520 employees, about 18 percent of its workforce, and projected a larger than expected net loss of $28.5 million to $39 million for the second-quarter. The San Francisco company, once one of the city's fastest growing tech firms, said in [...]
[Read More]
On the trail of global warming's equally evil twin
No Place Left from James Temple on Vimeo. The following story accompanies the full profile of climate scientist Ken Calderia, found here. Ocean acidification has been called the evil twin of global warming, less discussed but potentially as or more damaging. Climate scientist Ken Caldeira helped popularized the term in a study a decade ago [...]
[Read More]
Moving geoengineering out from under dark shadows
The following story accompanies the full profile of climate scientist Ken Calderia, found here. The proposition that humans can or should manipulate the climate to offset climate change would be controversial under any circumstances. But the contentious figures who have taken an interest have further tarnished the public image of what's known as geoengineering, a [...]
[Read More]
Show More


text: Gerard Beekmans wrote: >Hi guys, > >Hopefully one of you guys can help me out here with a problem. For some >reason the "getprotobyname" function isn't working anymore and this is >causing problems with Perl at the moment. > >On a new LFS installation it works just fine and on all other computers >is works fine, so this is a problem that cropped up recently on one of >my servers but I am unable to track it down. I wonder if it's a Glibc >problem or not, but I am not sure how to put together a quick test >program that will tell me as much. > >Any of you can help me out here? I will be reinstalling LFS on this >server so the problem will become moot after the weekend. However, I >would like to have it fixed during the weekend too. I'm doing some SNMP >programming in Perl for my boss and I'd like to show him my results. >That's not working right now due to this getprotobyname issue. > >Btw this error also shows up during Perl's "make test" and during Perl's >Configure it says that getprotobyname() and getprotobynumber() aren't >found. Which, to me, looks like a Glibc problem. > >It works fine on my laptop with the same Glibc version (2.3.2). Maybe >header file issues? /etc/protocols (which is used by getprotobyname) is >present and world readable and is a proper format. > >Thanks for any help, > >Thanks, > > > It the services file, I have had this issue numerous times -- ------ jim at linuxfromscratch.org lfs at jg555.com LFS User # 2577 Registered Linux User # 299986 FWD: 275410 IPKall: 360-968-1517


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With over 130,000 exhibits from multiple countries, the Interpol Ballistic Information Network's (IBIN) ever-growing database contains a vast resource of bullet and cartridge case information.
The IBIN Handbook is designed to provide guidelines to both member and non-member agencies to ensure that critical information can be shared across international borders in as optimal a manner as possible. (March 2012)


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Widener Law plays host to international judges
Public Relations Officer
- Published: November 12, 2007
Widener Law spent part of a day hosting 18 international jurists who visited the Delaware campus to learn more about legal technology and legal education at Widener.
The judges and justices – all women – hailed from Korea, Nepal, Taiwan, Ukraine and Nigeria. Their visit Nov. 7 was made in conjunction with their attendance at the National Association of Women Judges annual conference, a four-day event happening Nov. 8-11 in Philadelphia.
Delaware Superior Court Judge Jan R. Jurden and New Jersey Workers Compensation Judge Sue Pai Yang coordinated the group's visit. Both attended the visit to Widener. Delaware Superior Court President Judge James T. Vaughn Jr. also visited the campus to have lunch with the group.
"We're here to meet people and learn and go home and make a positive impact," Tolani Ladipo, a Nigerian chief magistrate said.
The women were treated to an hour-long presentation in the school's Aquipt War Room at Polishook Hall. Wilmington attorney Richard K. Herrmann, visiting law professor and chair of Widener's Technology Law Practice Technology Center, demonstrated what can be done with modern courtroom technology, using the cutting-edge tools available to Widener students.
The group lunched with Widener Law Dean Linda L. Ammons and members of the faculty and staff. Widener students YooNieh Ahn, Wendy Wu, Elvira Berry and Ada Chiejina were among those that also took part in the event. Several of the women law students dressed in clothing unique to their heritage and were on hand to provide translation services, when necessary.
"We want you to take back to your respective courts and respective countries the message that in this region, Widener Law is a place that welcomes diversity and welcomes the opportunity to be a part of global humanity and the legal community around the world," Ammons told the visitors.
Photo 1: The international judges and standing, front row, at left, Delaware Superior Court Judge Jan R. Jurden, and standing bottom row, center, Widener Law Dean Linda L. Ammons


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Message from: hannahl, 13 Mar 06
Subject: my sister my sister died 3 months ago, she was only 14 months younger than me so we were like twins. i cant stand school coz wew went 2 the same 1 and i keep expectin to see her round the corner. i dont like going to school because of it so am nt doing very well. i cant focus on anything and i cant talk 2 any of my friends as im only 15 and no-one understands. i dont know if what i am feeling is normal either, i just feel kinda empty. does anyone else feel the same?
Reply from:Charlie
Subject:Hiya hannah
hi hannah...i feel ecalty the same ..me and my sista was very very close and is till think she is goin 2 walk round the corna ..and i felt tht i was alone 2 and i still do so im not much help i jus wnted u 2 no ur not tha onli1 who feels like tht ...im always here 2 help you..x.x.x.x
reply to message | back to message board


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Richard Hitchcock was last seen on Dec. 22, 1990, leaving the Riverfront Lounge in Allegan, Mich.
***The Unidentified Grateful Dead Fan has been ruled out via fingerprints.
http://www.charleyproject.org/cases/...k_richard.htmlDecember 22, 1990 Richard Hitchcock was last seen leaving Riverfront Lounge in Allegan and hasn`t been seen or heard from since.
Although it`s been 22 years, his family isn`t giving up on this cold case.
Status: Dental information / charting is available and entered
Status: Sample submitted - Tests complete (DNA)
Picture from charley project:


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TribulationReviewed by: Ken James Excellent!
Moviemaking Quality:
Primary Audience:
10 to Adult
End-Times Drama
1 hr. 37 min.
Year of Release:
USA Release:
Relevant Issues
As the third installment in the "Apocalypse" Christian movie series, and the sequel to "Revelation," "Tribulation" (from Cloud Ten Pictures) shows a clear evolution in the departments of acting, budget, special effects, and more. Starring Gary Busey, Howie Mandel, and Margot Kidder this film helps to prove that Christian films can indeed feature well-known Hollywood actors and actresses. And the difference shows the experience that seasoned actors bring to the big screen. In "Tribulation", Tom Canboro (Gary Busey) is a police detective who witnesses some bizarre incidents that appear to be supernatural in nature. While not yet a believer in Jesus Christ, Tom completes a journey that he began as a child when his older sister (Margot Kidder) taught him and his brother about God and His creation. After an automobile wreck puts Tom into a long coma, he wakes up in a strange new world where he finds his sister and millions of others on earth vanished, and those left behind having no recollection of any "haters" that had previously been on the earth. The world is captivated by Franco Macalousso (Nick Mancuso), a miracle-working peacemaker on the outside, Satan himself on the inside. His goal is to use a virtual-reality headset that each earth citizen must wear that will force each person to either claim allegiance to him and obtain the desires of his heart, or reject the Antichrist and face immediate death. Tom and a handful of others remain neutral on earth—those who haven't yet donned the headset and made allegiance to the Antichrist. As Tom tries to piece together the events of the last many months, he must also choose what to believe and ultimately who to place his trust in for eternity before he must face Macalousso and decide his fate. Of an interesting side-note, Gary Busey became a Christian in 1995 after a drug overdose. He was happy to use his talents in this salvation-proclaiming end-times account of what the future may hold. Other characters were also strong in talent and proved quite believable. Leigh Lewis is back as former World News Network anchor woman Helen Hannah whose main role in "Tribulation" is hacking into the world communications satellite infrastructure to deliver biblical messages of truth to those brainwashed by the Antichrist. Appropriate for junior high youth through adult, "Tribulation" is a good pick for Christians to use for both entertainment as well as evangelism. Brush up on end-times prophecies by reading the book of Revelation in the New Testament, and Daniel in the Old to field questions that will be raised. Positive—I really liked this one too. Much better quality. You can definitely see improvement with each movie. Good acting. Gary Busy was very convincing. It was almost like he wasn't even playing the part of an actor, he seemed very genuine. Much more real in emotional issues. Great movie for the unsaved along with "Revelation". I would highly recommend both of these to anyone, saved or unsaved. It really has a great impact. Could reach those unsaved! Although, I thought the Antichrist was a much better actor in "Revelation". This one was kind of silly. Some really good acting and some not. The reporter I don't think was that great, but she's gotten a little better each movie she makes. Howie Mandel was believable, as he is already a little strange, but I liked him a lot in this movie. He was pretty good in a serious role. I was impressed. [Good / 4½]
—Kim, age 33 Neutral—True, "Tribulation" is a big step up from the humble beginnings of "Apocalypse". A friend of mine even said she prefers it over "Left Behind." (She, however, is no movie lover.) Your reviewers dug themselves an early hole however when they gave "Apocolypse" a gushing 3½ stars. When you start with little more than stitched together news clippings, you have no where to go but up. Now we are at 4 stars. Out of what? 10? But, that is not my main point. "Tribulation" is enjoyable, but please, view it first before you show it to anyone else. I found myself embarrassed viewing this fairly far-out story with my parents. This is not the conservative "most likely" scenario you'll find in "Left Behind." It is wierd. [Excellent / 3]
—Wade Ogletree, age 32 |