Diabetes and the african-american population Essay

Diabetes and the african-american populace - Essay Example In addition, diabetes is additionally connected with the advancement of nephropathy with possible renal disappointment, autonomic brokenness, and foot ulcers. Thirst, polyuria, obscuring of vision, and weight reduction are the trademark clinical introduction of diabetes. Diabetes can prompt ketoacidosis and hyperosmolar non-ketotic extreme lethargies. People with diabetes are frequently asymptomatic and a few patients experience mellow manifestations. For a long time, there has been an attention to various kinds of diabetes with fluctuating seriousness. Toward the start of the twentieth century, the likelihood that there are two particular kinds of diabetes developed. The two sorts of diabetes are Type 1 diabetes (beta-cell pulverization), which is an idiopathic and immune system infection, and Type 2 diabetes, which is portrayed by insulin obstruction and insulin hyposecretion (Holt, 2010). Type 1 diabetes happens because of beta-cell decimation and mellow insulin obstruction. Insulin is required for endurance after the patient endures the underlying phases of the malady. Type 2 diabetes is portrayed by insulin opposition with relative insulin insufficiency. Type 2 diabetes is the predominant type of the illness around the globe (T. Metcalf and G. Metcalf, 2008). Diabetes is especially very predominant in the United States of America. As indicated by the 2000 US Census, there are 37.4 million African American people in America which establish roughly 12.3% of the all out populace. In African American kids, the paces of Type 1 diabetes are lower contrasted with American youngsters. The African American populace has a rate pace of 5 to 8 for every 100,000 for every annum. Then again, the occurrence pace of diabetes in white populace is 14 to 17 for every 100,000 every year. (Joslin and Kahn, 2006).The various extents of racial admixture, especially with the white populaces, may be the purpose behind the particular frequency rates among the dark populace. A huge job is played by hereditary

Quantum Physics

Nonetheless, it must be noticed that the European Debt Crisis is as yet going on in the greater part of the European nations, and accordingly, It may be increasingly ideal for Ping A to concentrate on the Salsa-Pacific market where a large portion of the business sectors are as yet rising and above all, hose markets have low relationship with the effect of worldwide economy emergency because of lesser exchanging exercises with those nations influenced by the crisis.In request to infiltrate effectively Into developing business sector and less created nations, for example, India, Vietnam and Africa, one needs to comprehend a few variables identifying with the objective markets, for example, neighborhood social and standard practices, size and extent of potential chances, see needs and needs of customers and see how the administrations are utilized In the market and by whom. Also, the technique Ping A pick o seek after outside market openings typically relies upon various elements inclu ding cost of elective methodologies, the measure of inborn dangers included, government guidelines and nearby market conditions.While resource the board had been delayed to take off in most created nations, protection segments are developing quickly In rising economies. Bolstered by positive macroeconomic elements including populace development and rising salary levels, for example, the instance of India where the Indian protection industry rose as one of the quickest creating markets of he worldwide protection industry (Money Control 2011). A portion of the market section techniques that Ping A could utilize Include setting up entirely possessed auxiliaries In these developing market.This Is when 100% of the inadequate regular stock Is claimed by Ping An. With such system, Ping A could acquaint its protection items with local people as indicated by their necessities and needs. Additionally, so as to rival the remainder of the insurance agencies in India, Ping A would need to partic ipate in item Innovation in order to all the more likely match the hazard profile of strategy holders and making lagers and advertising progressively capable and responsible (Parker 2012). Ping A could likewise take part in less dangerous methodology, for example, cooperating with the neighborhood insurance agencies or Joint ventures.A Joint endeavor Is a vital union where at least 2 gatherings, normally organizations, structure an association to share markets, Intellectual property, resources, information and benefits. Such technique is regarded to be less unsafe since the nearby organization may give Ping An entrance to more prominent assets including, specific staff and innovation. In addition, neighborhood organizations would have more prominent comprehension of the nearby's needs and needs, permitting Ping A to redo protection items that suits the requirements of arrangement holders.However, it must be noticed that the fundamental impediment of such technique is that in most jo int endeavors, goals are typically not 100% clear and spoken with everybody included, therefore this could prompt undesirable contest between parties (Allen 2011). To wrap things up, Ping A could likewise participate In outside direct Investment by buying the portions of another insurance agency in the developing business sector. For instance, India as of late has 1 OFF organizations (Chuddar and Kola 2014). Such opening of the area could be consider as an open door for Ping A to infiltrate into the enormous IIS$ 66. Billion Indian market (FIEF 2014). Nonetheless, unbending due tirelessness must be done about the neighborhood insurance agencies earlier contributing to forestall any incidents or lackluster showing of the organization. Taking everything into account, Ping A could consider taking part in these market passage procedures that have been set before yet there is a need to weigh both the preferences and disservices of executing these diverse system in order to guarantee an e ffective worldwide development of Ping A protection business.

Is Panic Disorder Caused by a Chemical Imbalance

Is Panic Disorder Caused by a Chemical Imbalance Panic Disorder Print Is Panic Disorder Caused by a Chemical Imbalance? By Katharina Star, PhD facebook linkedin Katharina Star, PhD, is an expert on anxiety and panic disorder. Dr. Star is a professional counselor, and she is trained in creative art therapies and mindfulness. Learn about our editorial policy Katharina Star, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on December 01, 2019 BSIP/UIG/Getty Images More in Panic Disorder Symptoms Diagnosis Treatment Coping Related Conditions You may have heard that mental health conditions are caused by chemical imbalances in the brain, but what exactly does that mean? Research has shown that imbalanced brain chemicals can contribute to mood and anxiety disorders, but the exact cause of panic disorder remains unknown. The following describes the chemical imbalance theory and other potential factors that may influence the development of panic disorder. The “Chemical Imbalance” Theory for Panic Disorder According to biological theories, panic disorder symptoms can be attributed to chemical imbalances in the brain. Naturally occurring chemical messengers, known as neurotransmitters, send information throughout the brain. The human brain is thought to have hundreds of these different types of neurotransmitters, and biological theories suggest that a person can become more susceptible to developing panic disorder symptoms if one or more of these neurotransmitters do not remain balanced. The neurotransmitters serotonin, dopamine, norepinephrine, and gamma-aminobutyric acid (GABA) are specifically believed to be linked to mood and anxiety disorders. These neurotransmitters are in charge of regulating various body functions and emotions. First, serotonin is a neurotransmitter that is largely associated with mood, sleep, appetite, and other regulatory functions in the body. Experts have also found that reduced levels of serotonin are connected to depression and anxiety. The neurotransmitter dopamine may also contribute to symptoms. Dopamine influences, among other functions, a person’s energy levels, attention, rewards, and movement, which may lead to anxiety symptoms if imbalanced. Norepinephrine is also related to anxiety as it involves the fight-or-flight response, or how a person reacts to stress. Last, GABA plays a role in balancing excitement or agitation and feelings of calm and relaxation. What Is the Chemistry Behind Depression? Other Theories Separate yet common theories about the causes of panic disorder look at the possibility of genetic or environmental influences. Genetic theories are based on the solid evidence of the familial link of panic disorder. Studies have determined that people with panic disorder are up to eight times more likely to have a first-degree relative who also suffers from this condition. Other theories look at environmental factors, such as one’s upbringing or current life stressors, as key influencers in the development of panic disorder. For instance, problems in childhood, such as being raised by overprotective and anxious parents, attachment issues, and experiences of abuse or neglect, may impact a person later in life. Experiencing difficult life stressors and transitions, including grief and loss or other major life changes, can also affect a person’s wellbeing and vulnerability to developing a mental health condition. Research Suggests Biological Cause of Panic Disorder A Combination of Influences Currently, most professionals who treat panic disorder rely on a multidimensional theory to understand the causes of panic and anxiety symptoms. This theory is based on the notion that a combination of factors leads to the development of panic disorder, meaning that a chemical imbalance may be partly to blame. Other influences, such as genetics and environmental factors, also likely play a role in a person’s experience with panic disorder. The Top Treatment Options for Panic Disorder If you are considering treatment options, your doctor or therapist may follow a treatment approach that addresses multidimensional factors. Early detection and diagnosis will be important in getting you on the right treatment plan for your particular needs. The most common treatment options for panic disorder include medication, psychotherapy, and self-help strategies. Medications, such as antidepressants and benzodiazepines, may be prescribed to bring equilibrium back to your neurotransmitters. Psychotherapy may help with dealing with past hurts, getting through life challenges, and overcoming negative thoughts and behaviors. Self-help techniques can promote relaxation, stress management, and getting through anxiety on a day-by-day basis. Your doctor or therapist will most likely recommend a combination of these treatment options to assist in managing your condition. Although the exact cause of panic disorder is still unknown, treatment is available that can help in managing all of the possible influences causing your panic disorder symptoms. The 9 Best Online Therapy Programs

Giant Inguinoscrotal Herni A Case Report - 755 Words

Giant InguinoScrotal Hernia: A case report Abstract: Giant Inguino scrotal hernia, though an uncommon entity presents with operative dilemma as there are no standard surgical procedure. Here we present a case of giant inguinoscrotal hernia which was partly reducible. Patient underwent mesh repair after reduction of content through inguinal and lower midline laprotomy with scotal reconstruction. Key words: Giant inguino-scrotal hernia, mesh repair. Introduction: Giant inginoscrotal hernia are defined as, extending beyond the midpoint of thigh in standing position. Such cases are due to neglect of symptoms by the patient till it affects the quality of life or present with complications. Operative intervention in such cases is assosciated with high motality and post operative complications. We present a case of giant inguinoscrotal hernia, partially reducible with no co morbidities. Case Report: A 49yrs Auto rickshaw driver presented to us with the complains of swelling in right groin since 20yrs which was initially reducible and since last 5yrs its not reducible. Patient had difficulty in walking and performing his daily activities. Patient is a smoker since 30yrs. On examination: Right sided Ingunioscrotal swelling extending upto lower 1/3 of thigh in standing position, non reducible, cough impulse present, right side testis was atropic with elongated spermatic cord. Preoperatively patient was advised to quit smoking and incentive spirometry exercises for 2weeks.

Degree Programs for the Paralegal 2019

A paralegal is another name for a legal assistant. The National Association of Legal Assistants recorded more than six hundred education and training programs in the United States. There is a variety of courses available in a number of colleges and universities. Paralegal studies can be completed at community colleges, four-year colleges or by using online institutions. Programs can take as little as six months to more than five years if you are pursuing a masters degree. A Certified Legal Assistant (CLA) is normally the goal of a many of these training programs. Such educational programs would qualify students for an entry level positions in a law facility such as a file clerk or legal secretary. There are associates, bachelors and masters degrees available under paralegal studies. Many more colleges, universities, and online institutions offer paralegal bachelors and associates degrees than masters degree programs. A masters degree in paralegal studies is a little more difficult to come by. .uf70421ce70cdeb07b18d7dccc2857dc3 { padding:0px; margin: 0; padding-top:1em!important; padding-bottom:1em!important; width:100%; display: block; font-weight:bold; background-color:#eaeaea; border:0!important; border-left:4px solid #34495E!important; box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -moz-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -o-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -webkit-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); text-decoration:none; } .uf70421ce70cdeb07b18d7dccc2857dc3:active, .uf70421ce70cdeb07b18d7dccc2857dc3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; text-decoration:none; } .uf70421ce70cdeb07b18d7dccc2857dc3 { transition: background-color 250ms; webkit-transition: background-color 250ms; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; } .uf70421ce70cdeb07b18d7dccc2857dc3 .ctaText { font-weight:bold; color:inherit; text-decoration:none; font-size: 16px; } .uf70421ce70cdeb07b18d7dccc2857dc3 .post Title { color:#000000; text-decoration: underline!important; font-size: 16px; } .uf70421ce70cdeb07b18d7dccc2857dc3:hover .postTitle { text-decoration: underline!important; } READ How to Maximize your InternshipA two year degree, an associates program, in paralegal studies would probably include courses such as family law, torts, legal writing, case law research, civil rights and other legal subjects. Even though the program is only two years long, it can equip a student with a basic understanding of the business of law. There is a more in depth experience provided in a bachelors degree program in paralegal studies. More liberal arts an more legal topics will be covered. The courses in a bachelors degree program in paralegal studies covers basic civil law in greater depth than that of an associates degree, and it allows for more elective classes. Paralegals have held positions in law offices since the nineteen sixties. There are a number of responsibilities that a paralegal may be required to handle, and these might be just as many as an attorney would have to handle. The educational requirements for paralegals have grown along with the demands and complexity of the position. Many law firms will no longer accept only associates degrees, and only hire those with a bachelors degree or higher. .ucadd8fac483b81fd016894ad7da1cec2 { padding:0px; margin: 0; padding-top:1em!important; padding-bottom:1em!important; width:100%; display: block; font-weight:bold; background-color:#eaeaea; border:0!important; border-left:4px solid #34495E!important; box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -moz-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -o-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -webkit-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); text-decoration:none; } .ucadd8fac483b81fd016894ad7da1cec2:active, .ucadd8fac483b81fd016894ad7da1cec2:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; text-decoration:none; } .ucadd8fac483b81fd016894ad7da1cec2 { transition: background-color 250ms; webkit-transition: background-color 250ms; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; } .ucadd8fac483b81fd016894ad7da1cec2 .ctaText { font-weight:bold; color:inherit; text-decoration:none; font-size: 16px; } .ucadd8fac483b81fd016894ad7da1cec2 .post Title { color:#000000; text-decoration: underline!important; font-size: 16px; } .ucadd8fac483b81fd016894ad7da1cec2:hover .postTitle { text-decoration: underline!important; } READ Career Opportunities With a Criminal Justice DegreeIt is important to remember that with many online degree programs, bachelors degrees can be obtained in less than three years, and an associates degree might be obtained in less than two years. If you are interested in pursuing an education in the paralegal field, consult some of the law firms in your area about what their requirements are. Related ArticlesEarning a Bachelors Degree in Paralegal StudiesParalegal Degree Options OnlineA Paralegal Studies Degree OnlineGetting an Associates Degree in Paralegal StudiesEmployment Opportunities With an Associates Degree in Criminal JusticeGetting a Paralegal Degree Online

The Case of the Omniscient Organization Free Essays

Case Analysis: The Case of the Omniscient Organization Introduction In this case study, Dominion-Swann (DS) has implemented a â€Å"radical restructuring of the work environment† in order to regain control of its employees. By 1990, DS had been suffering from a number of business woes. It was not keeping pace with its competition, employee turnover had increased substantially, health costs and work-related accidents were rising, and employee theft was at an all-time high. We will write a custom essay sample on The Case of the Omniscient Organization or any similar topic only for you Order Now Instead of identifying and addressing the underlying business and management problems, DS decided to treat the symptoms by turning to SciexPlan Inc. o help radically restructure the work environment through the use of employee monitoring technology. Background DS has justified its work environment restructuring based on past failures rather than future goals for success. The company has created a system to compile a comprehensive database of information on every employee. DS also monitors its employees in all aspects of their job, subjecting them to constant evaluation and productivity tests. The massive amount of information collected on each employee is supposed to allow DS to objectively manage personnel and make job assignments that provide the greatest efficiency. Instead, DS has created an impersonal monitoring, surveillance, and detection system designed to lay traps for employees and shape their behavior without any managerial effort. Problem Statement Has DS become so consumed with its â€Å"radical restructuring of the work environment† that it has prioritized technology and control over the welfare, creativity, and productivity of its people? Analysis and Issues Digital technology has made an undeniably profound impact, both positive and negative, on the workplace. When implemented properly, the benefits of this impact can include increased productivity, improved safety, better working onditions, and enhanced communications between employees, management, and customers. However, an exceedingly obsessive employee monitoring system will create tedious and stressful working conditions, loss of employee privacy, and fear which will result in reduced levels of creativity and productivity. By implementing an overly zealous system for emp loyee monitoring, DS is significantly aggravating the tension that exists between surveillance technology and employee privacy concerns. DS wants to monitor employees in order to reward effort, knowledge, productivity, and success while eliminating idleness, ignorance, theft, and failure. Instead, it is treating its workers like pieces of equipment rather than unique and valuable individuals. DS has basically transformed the workplace into an all-encompassing electronic prison where nearly every aspect of an employee’s behavior is monitored. The DS managers who monitor every move that employees make are accomplishing efficiency objectives at a sizeable cost. Monitoring and surveillance can create a high stress environment for employees that can lead to physiological and psychological stress-related illnesses. Covert surveillance at DS will do nothing but increase fears, anxieties, and distrust among employees. The impersonal aspect of technological surveillance diminishes employees’ concepts of their value, contribution, and self-worth. The all-encompassing surveillance implemented by DS will destroy any hope for employees to make decisions and act autonomously. Autonomy is a critical component to on-the-job independence that maximizes worker morale. Although DS has justification for some amount of employee monitoring in order to successfully evaluate employee performance, it has taken employee surveillance to the point where it will adversely affect productivity. When employees do not feel that they are trusted, their desire to perform well is lessened. The employee screening process DS has implemented brings up additional privacy concerns. Any investigation of employee activities and history outside of the workplace is an extremely sensitive and potentially litigious issue. DS is only justified in intruding into its employees’ personal lives when it involves misconduct or illegal activity. Off-duty conduct may be relevant to employment if the misconduct negatively impacts the employee’s work performance or the company’s mission. However, the systematic monitoring employed by DS raises serious privacy concerns. Monitoring all employees’ activities, rather than just the activities of employees under suspicion of specific misconduct, constitutes a blanket search that brings enormous privacy concerns. Recommendations DS would be better off with no employee monitoring rather than scrutinizing its employees’ every move. Once the employee monitoring creates a morale problem, all of the value it has created will be diminished. If DS is to continue with employee monitoring systems, it must create and clearly communicate a monitoring policy for employees. DS needs to start with human-oriented policies, then use technology to enforce them. As it stands right now, DS is exerting too much power in its invasion of employee privacy in the workplace. DS is exploiting the lack of regulation in this area in order to implement extremely invasive methods of employee surveillance. Until employees are protected by regulation to protect their rights to privacy in the workplace, DS should assume responsibility to self regulate by limiting the amount of surveillance, implementing it only when it achieves specific goals for success. Monitoring should be conducted only for business purposes, and this must be communicated to the employees. In order to throttle back its employee monitoring system to a reasonable level, DS should review and apply the suggested rights given by the American Civil Liberties Union (ACLU). To establish a reasonable approach and prevent abuses, DS should adopt a human-oriented policy that includes the following features:   * notice to employees of the company’s electronic monitoring practices;  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   * use of a signal to let an employee know when he or she is being monitored;  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   * employee access to all personal electronic data collected through monitoring;  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   * no monitoring of areas designed for the health or comfort of employees;  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   * the right to dispute and delete inaccurate data; a ban on the collection of data unrelated to work performance; * restrictions on the disclosure of personal data to others without the employee’s consent (American Civil Liberties Union, 1997). DS should also consider whether or not monitoring is truly necessary for performance evaluations. DS does not need to watch an employee’s every move to be able to judge the quality of his or her work. Performance monitoring should be far less of a concern than an employee’s ability to complete tasks and consistently meet deadlines. DS should involve its employees on the decisions regarding when, how and why electronic monitoring needs to takes place. Most importantly of all, DS must allow employees to inspect, challenge, and, when necessary, correct the data gathered about them or their performance. Conclusion/Summary DS must strike a balance between its business interests and its employees’ privacy interests. This balance should allow for surveillance under certain limited conditions, and utilize less intrusive approaches. Although it is unlikely that DS would completely discontinue its monitoring practice, at a minimum DS should continue to fully inform its employees about all surveillance tools being used in their workplace and provided them with clear information as to what management does with the data. References Pedeliski, Theodore B. (1997). Privacy and the workplace: Technology and public employment. Public Personnel Management. December 22, 1997. Shoppes, Mia. (2003). Employee monitoring: Is big brother a bad idea. Information Security Magazine. Dec. 9, 2003. American Civil Liberties Union. (1997). Privacy in America: Electronic monitoring. Retrieved from http://www. aclu. org/technology-and-liberty/privacy-america-electronic-monitoring How to cite The Case of the Omniscient Organization, Papers

The Coca-Cola Company Versus Bisleri International Pvt. Ltd. ; Ors. Essay Example

The Coca-Cola Company Versus Bisleri International Pvt. Ltd. ; Ors. Essay The present suit has been filed by the Plaintiff for Permanent Injunction, infringement of Trademarks, Copyright and passing off and damages etc. against the Defendants. 2. When the suit was instituted, Plaintiff no. 1 was Fritolay India which now stands merged with Plaintiff no. 2 Company. During the pendency of the present suit, the mark LAY’S along with the Sun Banner Device as also the Sun Banner Device per se have become registered trade marks.In order to incorporate and bring on record these subsequent facts, the plaintiffs had moved an application under Order 6 Rule 17 CPC being I. A. No. 2994 of 2005 and the same was allowed vide order dated 05. 05. 2005. The case of the Plaintiff is that the Plaintiff no. 1 Company is a Corporation existing under the laws of the United States of America. 3. Pepsico India Holdings (P) Limited is duly authorised to take all actions to protect the various intellectual property rights of the Plaintiff no. Company and its subsidiaries 4. T he Plaintiff Company together with its subsidiaries, affiliates, associate companies is the largest seller of salted snack foods in the world. The salted snack foods of the Plaintiffs range from potato chips, corn chips, crunchy cheese balls and various Mexican snacks to bhujia and namkeens like Aloo Bhujia and Navratan Mix. These salted snacks of the Plaintiff Company are introduced in India under various trade marks, inter alia, Lay’s Cheetos, Ruffles, Lehar etc. since 1990. 5.The present case specifically relates to the Lay’s mark and packaging which has been used and adopted by the Plaintiffs inIndia. 6. The Defendants have adopted a deceptively similar mark â€Å"Leo† written in identical writing style as also the packaging, colour combination, layout, get – up and all the distinctive elements of the Plaintiff’s packaging. 7. It is contended that the Defendant no. 1 was at the time of institution of the suit, manufacturing the impugned product s till July, 2003 but thereafter the products are being manufactured and sold by Defendant no. 2, Sambhav Foods. . It is averred in the plaint that the â€Å"Lay’s† mark logo and the â€Å"Sun Banner Device† trade marks are registered trade marks inIndia. The details of the registrations are as under: Registration No. Mark Class 453831 B LAYS word mark 29453832 B LAY’S word mark 30 838858 Lay’s + Sun Banner Device 29 838860 Sun Banner Device 29 . It is stated in the Plaint that the Lay’s mark and the Sun Banner Device have also been registered in the Plaintiff’s name in several countries of the world. These include African Union (O. A. P. I. ). Australia, Benelux, Brazil, Canada, China, Dominican Republic, Egypt, European (O. H. M. I. ), France, Germany, Hong Kong, Hungary, Israel, Italy, Japan, Kuwait, Mexico, New Zealand, Philippines, Poland, Russian Federation, Saudi Arabia, Singapore, South Africa, Taiwan, Thailand, United Kingdo m, United States of America, Venezuela etc. 10.It is mentioned in the Plaint that the Lay’s mark and the artistic manner of writing the same is an original artistic work under the Copyright Act, 1957. The Sun Banner Device is also an original artistic work belonging to the Plaintiff Company. The same have been created for and on behalf of the Plaintiff Company and are globally used. These works are entitled to protection under the Copyright Act, 1957 as artistic works. 11. The Lay’s Potato chips is one of the most well known products of the Plaintiffs in India and manufacture potato chips of various flavours.The Plaintiff’s started manufacturing potato chips in the year 1989. The Plaintiffs use state-of-the-art machines/equipment for the manufacture of its potato chips. In the manufacturing process, the Plaintiffs employ vigorous quality control standards. The Plaintiffs possess enormous amount of goodwill in its products and are market leaders. 12. It is furthe r stated that the current packaging of the Lay’s potato chips was introduced in the year 2002. The front side of the packaging consists of a white oval picture with a blue border.In the centre of the oval is the distinctive „Sun Banner Device.. In the centre of the sun banner device, the word Lay’s is written in white script in blue outline. The Plaintiffs have also prepared and published a Manual which prescribed the rules, conditions and parameters for the use of the Lay’s Sun Banner Device trade mark on packaging. The Plaintiffs have spent huge sums of money on popularizing and marketing its Ruffles Lay’s/Lay’s pack through sales promotions, advertisements through the print as well as electronic media. 3. The Plaintiffs. products are also very popular among children, as it has extensively advertised its products in various children’s publications including Motu Patlu and Dreaded Robber, Taiji and Tree of Sapodilla, Raman and Tea, Dy namite Series Mafia, 077 James Bond – 78, Mandrake – 76, Phantom – 89, Little Wonders Big Fun, Pran’s comics etc. The Lay’s potato chips of the Plaintiffs are extremely popular worldwide. This is evident form the sales figures of approximately 140 crores in 2002 in Indiaalone for the said product. 14.Due to an ever – increasing popularity of the potato chips of the Plaintiffs, the Defendants who are manufacturing potato chips have, in an illegal manner with fraudulent intentions copied the Plaintiff’s packaging for potato chips. The Defendants have copied all the essential elements of the Plaintiff’s get up, trade dress and packaging. 15. The potato chips of the Defendants are marketed and sold under the trade mark â€Å"Leo† and a mere look at the conflicting packaging as well as the two labels/marks. â€Å"Lay’s† and â€Å"Leo† clearly shows that the acts of the Defendants are deliberate, conscious and fraudulent. 6. The similarities between the Plaintiffs. and Defendants. packaging are mentioned in the plaint, the details of which are as under:- TABLE OF SIMILARITIES Sl. No. Plaintiff’s PackagingDefendant’s Packaging 1. The entire packet is red in colourThe entire packet is red in colour 2. Underneath the small red portion is a white oval (egg-shaped) area with blue border. Underneath the small red portion is a white oval (egg-shaped) area with blue border. 3. The whitish area has the trade name/mark Frito-Lay of the Plaintiff in white script on a red background on the top.The whitish area has trade name/mark ‘Sambhav’ of the Defendant in a white script on a red background on the top 4. Within this white area, the word â€Å"Lay’s written in thick white lettering with the shadow effect, appears with in a circle which is yellow in colur towards the top and bottom and has a major red portion in the centre. This is known as the â€Å"Banner S un† Design. Within this white area, the word â€Å"Leo† written in thick white lettering with the shadow effect, appears within a circle which is yellow in colur towards the top and bottom and has a major red portion in the centre.Therefore, the essential colour of red, white, and yellow have been maintained in a similar form as in the Banner-sun design. 5. The word Lay’s is written with the letter â€Å"L† sliding below the next letter. The word Leo is written with the letter â€Å"L† sliding below the next letter. 6. Below this is a horizontal elongated banner with blue outline and the words â€Å"Spanish Tomato Tango† in white scriptBelow this is a horizontal elongated banner with blue outline and the words â€Å"Tangy Tomato† in white script. 7. Below this is a picture of ridged/crinkled chips in yellow colour on a bright red background.Below this is a picture of ridged/crinkled chips on a bright red background. 8. On the bottom ri ght side of the packaging appear the words „Potato Chips. in black script On the bottom right side of the packaging appear the words â€Å"potato Chips† in black script. 9. The back side of the packaging is predominantly of red and white colour with the sun banner device on top right sideThe back side of the packaging is predominantly of red and white colour with a device similar to the sun banner device on top of right side 10.The sign of a person throwing the litter in a garbage can appears at the bottom The sign of a person throwing the litter in a garbage can appears at the bottom. 17. On 11. 09. 2003 this Court while granting ex parte ad-interim orders also appointed a Local Commissioner Mr. Raghu Tandon, who visited the premises of the Defendants on 19. 09. 2003 at Nasik and on 20. 09. 2003 at Mumbai. 18. The Report of the Local Commissioner revealed that the Defendants were in fact earlier using a different packaging under the name â€Å"Leo chips† written in a completely different font having a different get up colour combination.However the Defendants also had a new packaging which is the impugned packaging was identical/similar to the Plaintiffs. packaging. As per the Report of the Local Commissioner, the alternative packaging of the Defendants is evidence of the fact that the adoption of the new impugned packaging by the Defendants was deliberate, dishonest and malafide. The intention was to merely capitalize on the goodwill and reputation of the Plaintiff’s mark and packaging. 19. It is further stated that the Plaintiffs have constantly changed their packaging in order to retain the uniqueness and exclusivity.Irrespective of the fact that the Plaintiffs have changed their packaging from time to time, some logos, prints (including the writing style of the letter â€Å"L† sun banner design, the display of chips under the sun banner design etc. ) have been adopted in all of their packaging styles. The Defendants hav e copied all these basic features of the Plaintiff’s packaging to pass off their goods as that of the Plaintiff’s. 20. The Plaintiffs aver that the customers and public identify the said distinctive packaging with the Plaintiff’s alone.Owing to the nature of the goods, nature of purchase, class of customers, the adoption of a similar label and/or packaging with an identical/similar get up, colour scheme, devices etc. , is bound to create confusion and deception in the market. The consumers of these products are also children which enhances the chances of confusion. Therefore, the adoption of a similar packaging by the Defendants for the manufacture and sale of their chips but not containing the same quality of chips is leading to severe tarnishment of the goodwill and image of the Plaintiff Company. 21.The defendants in this matter are ex parte. The plaintiffs have produced the evidence by way of the affidavit of Mr. V. R. Shankar, Vice President (Legal) of Plai ntiff No. 2 company as well as the affidavit of Mr. Yogesh Tikmiani, Manager (Commercial) of Pepsi Co. In the affidavit of Mr. V. R. Shankar, he has almost confirmed the statements made in the plaint and has also denied the defenses raised by the defendants in the written statement. The witness has also proved the documents which are Ex. PW-1/1 to Ex. PW-1/16. 22. In another affidavit of Mr. Yogesh Tikmiani who is Manager (Commercial) of Pepsi Co. he has alleged that he has seen the packaging of the plaintiff as well as the defendant. This witness has also gone through the report of the Local Commissioner who visited the premises of the defendant and according to him from the said report, it appears that defendant No. 1 who is the manufacturer of this product had a good quantum of sale which is evident from the stock which was found when the Local commissioner visited the said premises. The quantum of sale details are mentioned in Para 5 of his affidavit. 23. It is stated in the aff idavit that according to defendant No. 2, in Para 4 of the written statement that the defendant No. was merely a manufacturer and supplier of chips and the entire responsibility including brand management was that of defendant No. 2. In Para 12 of the affidavit, it is stated that the defendant’s adoption is obviously dishonest and malafide. 24. The sales made by the defendants are liable to be granted as damages to the plaintiff. The reasonable estimate of sale made by the defendants is approximately Rs. 16,12,800/-. It is also stated in Para 13 that the plaintiff is entitled for compensatory and punitive damages as the adoption is dishonest, deliberate and with malafide intention.The punitive damages if accessed at 10% of the plaintiff’s annual marketing/promotional expenditure would be to the tune of Rs. 20,26,000/-. Thus, the total damages claimed by the plaintiff against the defendants are Rs. 41,40,300/-. Now, this court shall deal with the matter as per issues fr amed in the matter. 25. Issue no. 1 Whether the packaging of the Defendants is the same or is a substantial reproduction or colourable imitation of the Plaintiff’s packaging in relation to snack products and constitutes infringement of Plaintiffs copyright therein? 26. The packaging of Plaintiff. as well as Defendants are marked as Exhibit PW 1/12 and Exhibit PW 1/13 respectively and are represented below:- 27. It appears from the report of the local commissioner that at the time of institution of suit, the Defendants already had an alternate packaging available, but the Defendants deliberately copied all the essential features of the Plaintiffs LAYS packaging, merely to pass off its products as that of the Plaintiffs. 28. Learned counsel for the plaintiff has argued that the use of deceptively similar packaging constitutes infringement of Plaintiffs copyright in as much as:- The Plaintiffs are the owners of the copyright in the packaging within the meaning of Section 2(c) o f the Copyright Act 1957 being an original artistic work. ? India is a member of Berne Convention and also of Universal Copyright Convention. Therefore, the Plaintiffs are entitled to protection irrespective of whether there is a claim of copyright on the work or not. ? For the purpose of infringement, a copyright need not be registered. ? The pictorial and the artistic design of the packet is an artistic work under the Copyright Act ?The same is an original work being coveted property of the Plaintiffs. ? Sun banner device with predominant colour red and yellow is exclusive property of the plaintiffs. ? Plaintiffs have been using the packaging since year 2002. Infringement of Copyright 29. In the case reported at 1999 PTC Page No. 188 Burroughs Wellcome (India) Ltd vs. Uni-Sule Pvt. Ltd, it was observed at Page No. 192 as under:- â€Å"Copyright is a form of intellectual property. With advancement in technology it is very easy to copy.The basic test in actions based on the infring ement of the copyright is that if a thing fetches a price, it can always be copied and therefore, it needs adequate protection. It is well settled that although under the Copyright Act, 1957, there is a provision of registration, under Section 44 of the Act. It is not in doubt that the said procedure is an enabling provision and registration is not compulsory for the purpose of enforcing copyright. Section 44 of the Act provides for registration of work in which copyright exists but in order to claim copyright registration is not necessary.This is because registration is only to raise a presumption that the person shown in the certificate of registration is the author. This presumption is not conclusive, but no further proof is necessary unless there is a proof rebutting the contents of the said certificate. Under Section 48 of the Registration Act, therefore, the act of registration is ex-facie prima facie evidence of the particulars incorporated in the certificate. There is no pro vision under the Act which deprives the author of the rights on account of non registration of the copyright.There is nothing in the Act to suggest that the registration is condition precedent to the subsistent of the copyright or acquisition of copyrights or ownership thereof or for relief of infringement of copyright. The sine-qua non of existence of a copyright is expenditure of skill, labour and capital on anywork expanded by a person/author and unless the original work is produced in court to prima facie show that the work has originated from author, no relief can be granted. In other words, copyright exists even without it being registered for the purpose of its enforcement.The nature of copyright is also meant to be borne in mind. It subsists in any material form in which ideas are translated. Copyright is a incorporeal right. It does not lie in any idea, but it lies in the expression in which the idea is expressed. The work of an author therefore, becomes the subject matter of the copyright. In essence the copyright is a negative right of preventing copying of physical material in the field of art, literature etc. Once an idea is written down, the writing becomes the subject matter of copyright. With globalisation and advancement of technology, even computer programmes come within the copyright.Any work conveying particular information comes within the subject matter of a copyright and it needs protection. † 30. In M/s. Anglo-Dutch Paint, Colour and Varnish Works Pvt. Ltd vs. M/s. India Trading House, AIR 1977 Delhi Page 41, the plaintiff claimed the relief on the basis of get up, layout and arrangement of violet and grey and colour combination of the plaintiff’s container. It was alleged that the defendant has very recently adopted identical container in respect of white paints as mentioned in Para 3 and 4 of the judgment.In Para 9 of the said judgment, it is observed as under:- â€Å"Having noticed the principles which have to be borne in mind, the application thereof is not difficult in the present case. It is true that there is a phonetic difference between the numerals â€Å"1001† and â€Å"9001† but taking into account the entire get up the combination of colours, it will be noted that the essential features of plaintiff’s containers have been absolutely copied. The entire scheme of the containers is also the same. There is a common large circle with the same colour scheme and with the same background.There is the same description of Superior White on top and Zinc paint on the bottom in the circle. Again, the White circle with grey lettering is identically super-imposed on violet background. The only difference is that instead of white parallelogram shapes on top and base borders there are white triangles and on the white parallelograms instead of numeral â€Å"1001† in grey lettering, the numeral on the defendant. s container is â€Å"9001† but the overall effect is just the same. The commodity is such that it is likely to be purchased by customers from a ll strata of society including the petty â€Å"kapkhandars. nd contractors. † 31. In the case reported at AIR 1979 Delhi 114 Vicco Laboratories vs. Hindustan Rimmer, Delhi. , the case of the plaintiff before court as per Para 9 was that the plaintiffs have been marketing the cream in a collapsable tube of 3 different sizes which has the distinctive get up etc. The collapsable tube has red background with floral design in yellow colour under the trade mark ‘Vicco Turmeric Vanishing Cream’ in the carton as well as tube in yellow strip in the bottom.The case against the defendant was that they have been marketing the vanishing cream in the carton and tube which are a colourable immitation of the plaintiff’s carton and tube under the trade mark â€Å"Cosmo†. This court granted the injunction against the defendant and held at para 13 as under:- â€Å"The plaintiffs claim passing off by the defendants of their product as and for the product of the plaintiff’s on the basis of copy of the distinctive get up and colour scheme of the collapsible tubes and the cartons by them. The defendants are not entitled to represent their goods as being the goods of the plaintiffs.The two marks â€Å"Vicco† and â€Å"Cosmo† used by the plaintiffs and defendants respectively are no doubt different and the mark â€Å"Cosmo† by itself is not likely to deceive but the entire get up and the colour scheme of the tube and the carton adopted by the plaintiffs and the defendants are identical in every detail and are likely to confuse and deceive the customer easily. The get up and the colour scheme of the plaintiffs adopted in every detail by the defendants for their tube and carton cannot be said to have been adopted by the defendants unintentionally. 32. In the case of Nova Ball Bearing Industries vs.Mico Ball Bearing PTC (Supp) (1) 497(Del), it has been held at para 7 page no. 499 as under:- â€Å"A comparison of the two cartons â€Å"NOVA† and â€Å"JANI† would reveal that two cartons are exactly similar in size, colour scheme and get up, the only difference that the trade mark of the defendants is written at 5 places and that of the plaintiff at 3 places. The two cartons bear such a close resemblance that they can easily confuse and deceive a customer. † 33. In Cases and Material on Trade Mark and Allied Laws, Vol. I at Page No. 969 Muller Phipps International Corporation another vs.Anita Cosmetics another, following observations are made at para 5 page no. 971:- â€Å"It is true that the use of the mark COUNTESS by itself is not likely to deceive the customers. But if the two containers CUTICURA and COUNTESS are put side by side, it becomes apparent that in the get up, colour scheme and the similarity the containers are so similar that they easily confuse and deceive the customers. The defendan t No. 1 has adopted the get up and colour scheme of the container to the plaintiffs’ in every detail and they are identical in appearance. † 34. In the case of Sodastream vs Thorn cascade Co Ltd. eported at 1982 RPC 459, the plaintiffs were marketing the gas cylinders of grey colour under their trade mark â€Å"Sodastream† and the defendants having also been marketing their black colour cylinders under their own trade mark „Thorn Cascade. , the proposals of the defendants to refill the grey colour gas cylinders of the plaintiff, even with their own trade mark amounts to passing off as the grey colour cylinder is distinctive of the plaintiffs in respect of which the reputation accrued in favour of the plaintiffs. Interlocutory injunction granted. 35. In another case reported in 1972 RPC Page 1 Hoffmann-La Roche Co.A. G. vs. D. D. S. A. Pharmaceuticals Limited, the plaintiffs manufactured and marketed chlordiazepoxide in distinctive black and green capsules bearing the word â€Å"Roche† on each capsule, the defendants also marked and advertised the drug chlordiazepoxide in black and green 10mg capsules which were identical to those of the plaintiffs except that they bore the letters â€Å"DDSA† instead of the plaintiffs’ name. The plaintiffs were granted interlocutory injunction to restrain the defendants from passing off capsules of the patented drug as the goods of the plaintiffs.It was held that marketing of the capsules by the defendants in almost identical form to those of the plaintiffs was calculated to cause damage to the plaintiffs. It was further held that there was a likelihood of confusion as both the capsules contained the same drug. The public were not concerned with the identity of the manufacturing of the capsules as long as the capsules contained the same substance and had the same effect. 36. In case reported at 1974 RPC 91 at Page 95, Smith Kline French Laboratories Limited. s Trade Mark Applica tions, it was observed as under:- The upshot of all these cases is to my mind to establish that a scheme of colouring applied to goods may be a mark within the definition in section 68. That definition as was pointed out in contrast to other definitions in the Act, starts with the word â€Å"includes† showing that the definition is purposely not limited to the precise words which follow. The combination of colour giving a speckled effect in the present case is, in my judgement, no less a mark than the red lines in Redduway. s hose case of the â€Å"heading† in the cotton cases and in the Winter-Hoffmann-La Roche chlodiazeoxide case. It was further observed:- â€Å"The truth of the matter is I think as follows. In some cases the colour is an essential part of the article as an article whilst in others it is something which is not essential and has been added for some other reason. If it has been added so as to donote the origin of the goods, and the evidence shows that in practice it does so, it can properly be said that it is being used as a mark in the trade mark sense. The answer is no doubt one of degree and will depend on the evidence.It would be highly unlikely that colour in a lipstic could ever become distinctive of one manufacturer because in such a case colour is an essential element in and part of the article itself. It is for that reason that the customer buys it. Colour in a passenger motor car would normally be in a similar but not so conclusive a position, but I see no reason why a trader, as some do, should not paint his delivery vans or racing cars in specific distinct colours to indicate the origin of the car or of the goods it normally carries as emanating from him. With drugs, on the other hand, the position is the opposite of the lipstick.Colour is of no importance to the article as a drug and it may, if sufficiently, distinctive, be an exceedingly effective indication of origin. † It was further observed:- â€Å"I can not see why other manufacturers should want to adopt the applicants’ colour arrangements here except for the improper motive of trying to benefit from the latter. s established goodwill. † 37. In the case of Tavener Rutledge Ld. Vs. Specters Ld. , 1959 RPC Page 83 at Page 88, it was observed as under:- â€Å"It seems to me that one has to take into consideration people who have what is called imperfect recollection, as was pointed out in the case of Saville Perfumery Ld.Vs. June Perfect Ld. (1941) 58 RPC 147 at 174. 5 and one has to allow for cases where the person who has not got the two tins side by side perhaps does not remember the Plaintiff’s name accurately, or does not know that there are two different traders in the same line of business, or many others for that matter, and takes a casual glance at the tin and imagines that it is the kind of frauit drops that he wants, not entirely casually, but looking at it in the ordinary way that such a customer woul d go into a shop and see a pile of tins or something of that sort.Afterwards of course raise objection, but it seems to me that it is a case of confusion if customers are induced to buy by a recollection of the general get up of the plaintiffs. tin so that they purchase a tin of the defendants. sweets by mistake and I am bound to say that I have come to the conclusion that such confusion is not only possible but is likely. † 38. In the case of B. K. Engineering vs UBHI Enterprises, AIR 1985 Delhi 210(DB), it was observed : â€Å"Competition must remain free. It is true it is the life blood of free enterprise system.It is essential that trading must not only be honest but must not even unintentionally be unfair. † In view of the above said well known settled law on the subject, it is clear that the defendant is guilty of infringement of copyright and passing off their goods as the goods of the plaintiff. From the above said judgments cited it is clear that in most of the cases the copyright has been claimed by the plaintiff on the article itself. It is also pertinent to mention that the subject matter of the colour combination, get-up and layout are not only covered in the subject matter of copyright but also covered under the common law remedy i. . law of passing off. Even in the New Trade Mark Act 1999 the definition of the mark is given in Section 2(m) which says that â€Å"Mark† include a device, brand, style, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. As per the definition and as per the judgments mentioned above it is clear that the colour scheme, get up, layout and combination of colours is covered under the action for passing of also. In view of this, in the present case the defendants have infringed the Copyright of the Plaintiff.This issue is accordingly decided in favour of the Plaintiff. 39. In view of the well settled law and facts of the present case, the plaintiff has discharged their burden on issue no. 1 and the same is decided accordingly in favour of the plaintiff. 40. Issue no. 2:- Whether the plaintiff is entitled to injunction restraining the defendant from using the label â€Å"Leo† and packaging which has been used by it? As observed in earlier paras of this Judgment that the Defendants’ packaging bears overall similarity to the Plaintiff’s packaging. Since the Defendants. abel LEO and packaging thereof is deceptively similar to the Plaintiffs. label LAY. S and packaging as explained above in the chart of similarities, the Plaintiffs are entitled to injunction. This issue is also decided in favour of the plaintiff in view of discussion made in para 25 to 38 above. 41. Issue No. 3 Whether the user of the trademark LEO is an infringement of the rights of the Plaintiff in the trademark LAYS and the Sun banner device? The Plaintiffs have placed on record the original legal proceedings cer tificates for the various trade marks No. 53831B, 453832B, 838858 ; 838860. Plaintiffs’ mark LAY. S per se is registered. [Exhibit PW 1/5 and PW 1/6] Plaintiffs’ sun banner device is also registered. [Exhibit PW 1/4] Plaintiffs’ LAY. S mark + Sun Banner device is also registered. 42. The evidence has been lead by the Plaintiffs also annexing therewith a complete list of global registration of the mark LAY’S and sun banner device [Exhibit PW 1/7]. The sales and advertising figures of the plaintiffs are also set out in the plaint 43. The Plaintiffs are the registered proprietors of the mark LAY’S and sun banner device.Use of a deceptively similar mark LEO to Plaintiffs’ registered mark LAY’S and the use of deceptively similar representation of LEO in a device which is similar to Plaintiffs. registered sun banner device amounts to infringement under section 29 of the Act. 44. In the case of Parle Products (P) Ltd. vs. J. P. ; Co. , Mysor e, AIR 1972 SC 1359 in para 8, the Apex Court held as under : â€Å"8. According to Karly. s Law of Trade Marks and Trade Names (9th Edn. , para 838): â€Å"Two marks, when placed side by side, may exhibit many and various differences, yet the main idea left on the mind by both may be the same.A person acquainted with one mark, and not having the two side by side for comparison, might well be deceived, if the goods were allowed to be impressed with the second mark, into a belief that he was dealing with goods which bore the same mark as that with which he was acquainted. Thus, for example, a mark may represent a game of football; another mark may show players in a different dress, and in very different positions, and yet the idea conveyed by each might be simply a game of football.It would be too much to expect that persons dealing with trade marked goods, and relying, as they frequently do, upon marks, should be able to remember the exact details of the marks upon the goods with which they are in the habit of dealing. Marks are remembered rather by general impressions or by some significant detail than by any photographic recollection of the whole. Moreover, variations in detail might well be supposed by customers to have been made by the owners of the trade mark they are already acquainted with for reasons of their own. 45. In view of the decision of the Apex Court referred above, it is clear that the defendants have infringed the registered trademark of the plaintiff as essential features have been appropriated by the defendant. Hence, this issue is also decided in favour of the plaintiff. 46. Issue No. 4 – Whether the user of the trademark LEO and Sun banner by the Defendant amounts to passing off its goods as those having association with the goods of the plaintiff and entitles the plaintiff to grant of injunction?For deciding this issue, following facts can be taken into consideration:- a) Plaintiffs have been using the LAY. S packaging with sun banner device since year 2002. b) Over the years, the Plaintiffs, have acquired distinctiveness in the said mark, label and packaging. The sales figures and advertisement figures have been given in the affidavit filed as evidence. The Defendants are using the similar mark as well as packaging in respect of identical goods i. e. potato chips. c) The Defendant has adopted all the essential feature of Plaintiffs’ packaging. ) These are the goods meant for consumption and a large portion of consumers thereof compromises of children who might not be able to differentiate between LAY. S and LEO if the packaging and get – up is similar. e) Further, there has been deliberate misrepresentation on behalf of the Defendant as apparent from the LC. s report which shows