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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
|
9826_105
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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.
|
9826_107
|
The fresh version of Non-Traditional Trade Mark Archives under publications
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9826_108
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Color organizations
Intellectual property law
Trademark law
|
9827_0
|
The Latter Day Saint movement is a religious movement within Christianity that arose during the
|
9827_1
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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
|
9827_4
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movement's doctrines and practices and their relationship to mainstream Christianity (see Mormonism
|
9827_5
|
and Christianity). The purpose of this article is to give an overview of the different groups,
|
9827_6
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beliefs, and denominations that began with the influence of Joseph Smith.
|
9827_7
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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
|
9827_9
|
Jesus Christ, as well as angels and other visions. This eventually led him to a restoration of
|
9827_10
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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,
|
9827_12
|
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.
|
9827_14
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Mormon history as an academic field is called Mormon studies.
Movement's historical context
|
9827_15
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Second Great Awakening and the Charismatic Movement
|
9827_16
|
The Latter Day Saint movement arose in the Palmyra and Manchester area of western New York, where
|
9827_17
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its founder Joseph Smith was raised during a period of religious revival in the early 19th century
|
9827_18
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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
|
9827_20
|
west.
|
9827_21
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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.
|
9827_23
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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
|
9827_25
|
influenced by folk religion. The fathers of both Joseph Smith and Oliver Cowdery were reported to
|
9827_26
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have used divining rods, though not by those within the LDS church. Joseph Smith used seer stones,
|
9827_27
|
which he used after his claimed First Vision. People of the time used such rods and stones in
|
9827_28
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various ways, including to locate underground water, to find lost items, to locate buried treasure
|
9827_29
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or mineral mines, as part of religious or magic rituals, or to communicate with spirits or angels.
|
9827_30
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Until about the 1830s, the use of such divining media, even as a profession, was thought by many,
|
9827_31
|
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
|
9827_33
|
was the Restoration Movement, primarily influenced by Barton W. Stone (who participated in the Cane
|
9827_34
|
Ridge revival), and Alexander Campbell, who joined Stone in 1824 in Ohio. Stone and Campbell
|
9827_35
|
believed that the division among Christian sects had been caused by a Great Apostasy (or falling
|
9827_36
|
away) from the original teachings of Jesus, and that the correct principles of Christianity could
|
9827_37
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be re-established by "restoring" practices described in the New Testament. The Restorationists also
|
9827_38
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intended to eliminate sectarianism, arguing that there should be only one Christian church, which
|
9827_39
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should be called the "Church of Christ."
|
9827_40
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While these restorationist ideas were circulating in the western frontier, the family of Joseph
|
9827_41
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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
|
9827_43
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revivalist Charles Grandison Finney later dubbed the area the "Burned-Over District". Because of a
|
9827_44
|
lack of clergy from established churches, this area was unusually open to religious innovations,
|
9827_45
|
new movements, and social experiments such as religious communism.
|
9827_46
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Latter Day Saints do not typically distinguish between this Restoration movement and the broader
|
9827_47
|
Protestant Reformation, since both were an attempt to return to the values and doctrines taught by
|
9827_48
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Jesus and the Apostles, while most Latter Day Saint groups believe that there was a need for God to
|
9827_49
|
actively restore both authority and doctrine. However, in spite of their different use of the word
|
9827_50
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restoration, this movement was an important part of the culture that led Joseph Smith to become
|
9827_51
|
interested in religion.
|
9827_52
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Masonic influences
|
9827_53
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Joseph Smith and several of the church founders were Freemasons, and were founding members of a
|
9827_54
|
lodge in Nauvoo, Illinois in March 1842. There are some similarities between Mormon temple worship
|
9827_55
|
and symbolism and the stories and symbols of Freemasonry. In modern times, The Church of Jesus
|
9827_56
|
Christ of Latter-day Saints (LDS Church) holds no position for or against the compatibility of
|
9827_57
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Masonry with LDS Church doctrine.
|
9827_58
|
Leadership of Joseph Smith
|
9827_59
|
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
|
9827_61
|
movement, shared some beliefs in common with other Restorationists, but certain factors made them
|
9827_62
|
unique. Although the movements shared a belief in the need to "restore" the "true church" of Jesus
|
9827_63
|
Christ, the early Latter Day Saints also believed that direct authority from God was essential for
|
9827_64
|
such a restoration to be valid.
|
9827_65
|
Movement's early charismatic experiences
|
9827_66
|
The beginning of Mormonism centers on a number of early charismatic experiences with the heavenly
|
9827_67
|
and the spiritual by Joseph Smith and his associates. Many of these experiences, such as visions,
|
9827_68
|
visits from angels, prophecy, and the hearing of God's voice, are still common parts of charismatic
|
9827_69
|
Christianity.
|
9827_70
|
Smith's First Vision
|
9827_71
|
Most Latter Day Saints trace the beginnings of Mormonism to Joseph Smith's First Vision, which he
|
9827_72
|
said he had in about 1820 in the woods near his home. Early accounts of this vision describe it as
|
9827_73
|
a vision of Jesus in which he was told his sins were forgiven. Later, more detailed accounts
|
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