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colors and because objects colored black appear smaller than they do when they are painted other
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lighter or brighter colors. The evidence shows that people who buy outboard motors for boats like
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the colors of the motors to be harmonious with the colors of their vessels, and that they also find
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it desirable under some circumstances to reduce the perception of the size of the motors in
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proportion to the boats." British Seagull Ltd. v. Brunswick Corp., 28 USPQ 2d 1197, 1199 (1993).
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Even though there is no direct function for the colour black in this case, protection was denied
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under the argument that consumers prefer it for aesthetic purposes.
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A similar judgement was entered in Deere & Co. v. Farmhand. Deere & Co. tried to establish
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exclusive use of its John Deere green colour as a trademark, in order to enjoin Farmhand from
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applying it to its products. Although the John Deere green colour does not provide any specific
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function to the good to which it is applied, the United States District Court for S.D. Iowa "found
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that farmers prefer to match their loaders to their tractor". Deere & Co. v. Farmhand, Inc., 560 F.
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Supp. 85, 98 (U.S. Dist. Court S.D. Iowa, 1982). Therefore, if Deere & Co. were awarded exclusive
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use of the John Deere green, its competitors would be in disadvantage because of reasons unrelated
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to the functional quality or price of its products.
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Examples
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Notes
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TRIPs is an international treaty which sets down minimum standards of protection and regulation
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for most forms of intellectual property in all member countries of the WTO.
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References
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External links
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Welcome to the non-traditional Trade Mark Archives — the non-traditional trade marks archives of
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Ralf Sieckmann include i.a. a data base of trade marks in the field of colour, sound, smell,
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motion, hologram, aroma, texture.
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The fresh version of Non-Traditional Trade Mark Archives under publications
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Color organizations Intellectual property law Trademark law
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The Latter Day Saint movement is a religious movement within Christianity that arose during the
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Second Great Awakening in the early 19th century and that led to the set of doctrines, practices,
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and cultures called Mormonism, and to the existence of numerous Latter Day Saint churches. Its
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history is characterized by intense controversy and persecution in reaction to some of the
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movement's doctrines and practices and their relationship to mainstream Christianity (see Mormonism
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and Christianity). The purpose of this article is to give an overview of the different groups,
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beliefs, and denominations that began with the influence of Joseph Smith.
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The founder of the Latter Day Saint movement was Joseph Smith, who was raised in the burned-over
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district of Upstate New York. Smith stated that, in response to prayer, he saw God the Father and
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Jesus Christ, as well as angels and other visions. This eventually led him to a restoration of
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Christian doctrine that, he said, was lost after the early Christian apostles were killed. In
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addition, several early leaders made marked doctrinal and leadership contributions to the movement,
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including Oliver Cowdery, Sidney Rigdon, and Brigham Young. Modern-day revelation from God
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continues to be a principal belief of the Mormon faith.
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Mormon history as an academic field is called Mormon studies. Movement's historical context
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Second Great Awakening and the Charismatic Movement
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The Latter Day Saint movement arose in the Palmyra and Manchester area of western New York, where
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its founder Joseph Smith was raised during a period of religious revival in the early 19th century
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called the Second Great Awakening, a Christian response to the secularism of the Age of
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Enlightenment which extended throughout the United States, particularly the frontier areas of the
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west.
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A significant early event in this Second Great Awakening was the Cane Ridge Revival, a large camp
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meeting that took place in 1801 at Cane Ridge, Kentucky. Joseph Smith's father Joseph Smith Sr.
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said he had several visions or dreams, as had Smith's paternal and maternal grandfathers.
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The people of western New York, like the rest of the United States at the time, were also
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influenced by folk religion. The fathers of both Joseph Smith and Oliver Cowdery were reported to
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have used divining rods, though not by those within the LDS church. Joseph Smith used seer stones,
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which he used after his claimed First Vision. People of the time used such rods and stones in
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various ways, including to locate underground water, to find lost items, to locate buried treasure
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or mineral mines, as part of religious or magic rituals, or to communicate with spirits or angels.
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Until about the 1830s, the use of such divining media, even as a profession, was thought by many,
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though not all, as "honorable and profitable employment". (Palmyra Herald, July 24, 1822)
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Another related strand of religious thought that became important to the Latter Day Saint movement
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was the Restoration Movement, primarily influenced by Barton W. Stone (who participated in the Cane
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Ridge revival), and Alexander Campbell, who joined Stone in 1824 in Ohio. Stone and Campbell
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believed that the division among Christian sects had been caused by a Great Apostasy (or falling
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away) from the original teachings of Jesus, and that the correct principles of Christianity could
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be re-established by "restoring" practices described in the New Testament. The Restorationists also
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intended to eliminate sectarianism, arguing that there should be only one Christian church, which
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should be called the "Church of Christ."
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While these restorationist ideas were circulating in the western frontier, the family of Joseph
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Smith was living in western New York, where they attended many of the local revivals. During this
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time, the area was seeing so many Christian revivals that western New York's most well-known
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revivalist Charles Grandison Finney later dubbed the area the "Burned-Over District". Because of a
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lack of clergy from established churches, this area was unusually open to religious innovations,
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new movements, and social experiments such as religious communism.
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Latter Day Saints do not typically distinguish between this Restoration movement and the broader
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Protestant Reformation, since both were an attempt to return to the values and doctrines taught by
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Jesus and the Apostles, while most Latter Day Saint groups believe that there was a need for God to
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actively restore both authority and doctrine. However, in spite of their different use of the word
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restoration, this movement was an important part of the culture that led Joseph Smith to become
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interested in religion.
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Masonic influences
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Joseph Smith and several of the church founders were Freemasons, and were founding members of a
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lodge in Nauvoo, Illinois in March 1842. There are some similarities between Mormon temple worship
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and symbolism and the stories and symbols of Freemasonry. In modern times, The Church of Jesus
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Christ of Latter-day Saints (LDS Church) holds no position for or against the compatibility of
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Masonry with LDS Church doctrine.
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Leadership of Joseph Smith
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Origins of the movement
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The early men and women who came together to form what became known as the Latter Day Saint
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movement, shared some beliefs in common with other Restorationists, but certain factors made them
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unique. Although the movements shared a belief in the need to "restore" the "true church" of Jesus
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Christ, the early Latter Day Saints also believed that direct authority from God was essential for
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such a restoration to be valid.
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Movement's early charismatic experiences
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The beginning of Mormonism centers on a number of early charismatic experiences with the heavenly
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and the spiritual by Joseph Smith and his associates. Many of these experiences, such as visions,
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visits from angels, prophecy, and the hearing of God's voice, are still common parts of charismatic
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Christianity.
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Smith's First Vision
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Most Latter Day Saints trace the beginnings of Mormonism to Joseph Smith's First Vision, which he
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said he had in about 1820 in the woods near his home. Early accounts of this vision describe it as
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a vision of Jesus in which he was told his sins were forgiven. Later, more detailed accounts