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Reliance Corporate Advisors (RCA) is a leading professional service firm in Nepal, offering legal services and financial advisory from top lawyers and Chartered Accountants.
INTELLECTUAL PROPERTY AND TRADEMARKS IN NEPAL: PASSING OFF
1. INTRODUCTION
1.1. A significant purpose of trademark registration is protection of your brand in a competitive marketplace whereby your registered trademark provides a unique and distinguished identity to your products or services.
1.2. Section 2(c) of the Patent, Design and Trademark Act, 2022 (1965) (the “PDT Act”) defines a trademark as a word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or service of others.
1.3. All trademarks registered as per the PDT Act are entitled to protection from passing off and infringement. Section 16(2) of the PDT Act explicitly prohibits the copying or unauthorized use of a registered trademark without ownership transformation or written permission pursuant to Section 21 D of the PDT Act.
1.4. Section 19 of the PDT Act imposes penalties for illegal passing off and infringement, including fines and confiscation of goods, based on the gravity of the offense.
1.5. The Trademark Directives, 2072 (2015) (the “Trademark Directives”) ensure further protection to registered trademarks which are as follows:
1.5.1. To freely use the trademarks registered in their name.
1.5.2. To prevent other firms or companies from using the same trademark without permission in a manner that may cause confusion through display, viewing, speaking, hearing or other presentation.
1.5.3. To grant permission for trademark use to other firms or companies under certain conditions for a specific duration.
2. PASSING OFF AS THREAT TO TRADEMARKS
2.1. The Department of Industries (the “DOI”), a quasi-judicial industrial property authority under the Ministry of Industry, Commerce, and Supplies in Nepal, is responsible for the regulation and protection of all registered trademarks.
2.2. Any allegations of trademark infringement or passing off can be brought before the legal division of DOI. DOI has the authority to conduct hearings and issue rulings akin to those of a District Court in the country. Moreover, if parties are dissatisfied with the DOI’s decision, they have the option to appeal such decision to the High Court and eventually to the Supreme Court of Nepal, if such appeal meets the criteria of law.
2.3. Despite statutory provisions and legal precedents upholding trademark rights, Nepal faces significant challenges with trademark infringements and passing off cases.
2.4. Passing off occurrences, especially with well-known trademarks, are increasing, posing a threat to consumer rights and intellectual property protections.
2.5. “Well-Known Mark” has been defined under Section 2(f) of the Trademark Directives as a mark specified by the Government of Nepal (“GoN”) to be well-known. Nevertheless, as of the present date, GoN has neither released nor clarified the criteria for recognizing a well-known mark. This leaves the definition open to interpretation by the courts and DOI; some instances of courts interpretation have been discussed in paragraph 5 below.
2.6. While case precedents protect well-known trademarks, the lack of clear legal provisions raises doubts and potentially deter multinational corporations from trusting brand protection in Nepal.
3. WHAT CONSTITUTES AS PASSING OFF?
3.1. A trademark passing off is said to have occurred when a party, typically a business or individual, misrepresents their goods or services in a way that creates confusion or deception amongst the consumers, leading them to believe that the goods or services are associated with another party’s established trademark.
3.2. Goodwill, built through consistent branding, production, and advertisement, is a crucial element in passing off cases. When another competitor passes off on this goodwill of another trademark, the consumers are the ones who must face the direct hit as they might end up with subpar products or services under the mistaken belief that they are associated with the legitimate brand.
3.3. Lord Langdale MR, in the case of Perry v Truefitt, said that “a man is not to sell his own goods under the pretence that they are the goods of another trader”.
3.4. From interpretation and as a matter of practice to establish passing off, certain key elements need to be present such as:
3.4.1. The existence of goodwill: Claimant has to showcase the goodwill or reputation that they have built around its brand through its consistent branding, production, supply, and advertisement in a particular market or amongst a niche of consumers.
3.4.2. Misrepresentation: A clear misrepresentation from the alleged infringing party has to be demonstrated, that could deceive or confuse consumers into believing that.
3.4.3. The likelihood of confusion.
3.4.4. Actual or potential damage.
3.5. For instance, producing and selling a cold drink with its packaging, symbols, words, and colour combinations like that of Sprite, (a well-known trademarked soft drink product), with just a few tweaks and changes of letters or adding prefixes or suffixes on the mark construes as passing off.
4. WHAT ARE THE REMEDIES ONE CAN SEEK AGAINST PASSING OFF?
4.1. As a first rule of the thumb, to ensure the protection of a trademark, the crucial step is its registration with DOI. As outlined in Section 21B of the PDT Act, “The title to any patent, design or trademark registered in a foreign country shall not be valid in Nepal unless it is registered in Nepal by the concerned person.” This implies that trademarks registered in foreign jurisdictions, even those within the state parties of the Paris Convention for the Protection of Industrial Property, 1883 (the “Paris Convention”), will not enjoy protection in Nepal unless they are registered locally.
Note: Internationally, recognized well-known marks, as evidenced in case laws (discussed in paragraph 5, below), receive certain protection due to their widespread popularity. However, such protections cannot be guaranteed for well-known marks, if unregistered.
4.2. As per law, the DOI must facilitate the registration of trademarks from foreign countries without conducting elaborate inquiries if an application is filed along with relevant certificates of registration in the foreign country. This is in alignment with the provisions of the Paris Convention, as per Section 21C of the PDT Act.
4.3. However, as a matter of practice DOI conducts its regular investigation (as applicable for local trademarks) even if prior filing right is claimed as per the provision above.
4.4. After the registration of a trademark, if an entity attempts passing off an already registered trademark, an opposition claim can be filed at the Law Division of the DOI within 90 days of the publication of the mark in the Industrial Property Bulletin (“IP Bulletin”). This is in accordance with Section 21A(2) of the PDT Act.
4.5. Pursuant to Section 24(2) of the Trademark Directives, the opposition can also be filed in another language, provided that a notarized Nepali translation of the opposition claim is attached.
4.6. Upon the filing of the opposition, the DOI will refrain from issuing a trademark registration certificate for the opposed mark. The opposition will go through a similar process of litigation whereby the Parties will be called for hearings and the DOI will provide its decision on the opposed mark.
4.7. If either party is dissatisfied with the DOI’s decision, they have the option to appeal at the High Court within 35 days from the date of the decision.
4.8. On a different note, Section 25 of the Trademark Directives also provides administrative and judicial bodies for the enforcement of trademark rights. These are:
4.8.1. District Administration Office
4.8.2. Nepal Police
4.8.3. Customs Offices
4.9. These offices have been vested with the responsibility to work individually or collaboratively within their jurisdictions.
4.10. The collaborative efforts of the DOI and the mentioned administrative agencies can significantly enhance the protection of industrial property rights held by businesses, ensuring a healthy market environment for both consumers and competitors.
5. CASE LAWS RECOGNIZING THE PROTECTION OF WELL-KNOWN MARKS:
5.1. Kansai Nerolac Paints Limited v. Rukmani Chemical Industries Pvt. Ltd., NKP: 2077, Decision №10561.
5.1.1. Earlier, Rukmani Chemical Industries had registered the Kansai Nerolac Paint Nepal Pvt. Ltd. at the DOI, leading to the DOI prohibiting Kansai Nerolac Paints Limited, a Japanese multinational corporation, from using the Kansai Nerolac brand. Following an extensive legal battle in the DOI, High Court, and Supreme Court, the Supreme Court ruled in favour of Kansai Nerolac Paints Limited, establishing key principles:
5.1.1.1. “Deceptive similarity” is said to be constituted if a trademark or the words used are identical, or the trademark is displayed with modifications, such as the addition of prefix or suffix, creating a phonetic similarity with minimal dissimilarity and if presented in a similar manner at first glance.
5.1.1.2. Time limitation is not applicable for revoking the registration of a trademark if it is registered with bad faith or the registration process seems malafide.
5.1.1.3. Ownership and right over a trademark of a foreign company does not end only by virtue of the registration of such trademarks by a local company. Even after the registration of a mark copied from a well-known foreign mark by a local company, if the foreign company applies for registration of the mark at a later date, the registration in the name of the local company automatically ends.
5.2. Virgin Enterprises Limited v. Virgin Mobile Pvt. Ltd., 12 June 2023, Department of Industries
5.2.1. An opposition was filed by Virgin Enterprises Limited (“Virgin Enterprises”), a member company of the Virgin Group against Virgin Mobile Pvt. Ltd., a local company for the ownership on the mark “VIRGIN (and logo)”. Virgin Enterprises had registered their mark in Class 9 and 38 whereas the local company Virgin Mobile Pvt. Ltd. (“Virgin Mobile”) was seeking to register the mark in Class 35.
5.2.2. The DOI rejected the application of Virgin Mobile based on the following:
5.2.2.1. The “VIRGIN” mark has been registered and used by Virgin Enterprises in Nepal and other countries and thus is a well-known mark belonging to Virgin Enterprises
5.2.2.2. The mark in question, “VIRGIN (and logo)” did not appear to be the original creation of Virgin Mobile.
5.2.2.3. Virgin Mobile filed the application in bad faith.
5.2.2.4. Allowing registration of the mark in the name of Virgin Mobile will adversely affect the goodwill of Virgin Enterprises and cause confusion among consumers.
5.2.3. The DOI also reiterated its position that a well-known mark shall receive protection not only in the class in which it has been registered but also in other classes as well as in non-competing goods and services where the well-known mark does not have registration.
5.3. Six Continents Hotel Inc. V Holiday Express Travels and Tours Pvt. Ltd., 10 July 2023, Department of Industries.
5.3.1. An opposition was filed at the DOI by Six Continents Hotel Inc. (“Six Continents”) for their trademark “HOLIDAY INN EXPRESS” registered in Class 43 in Nepal against a local company Holiday Express Travels and Tours Pvt. Ltd. (“Holiday Express”) which had filed to register its mark “HOLIDAY EXPRESS TRAVELS AND TOURS (and logo)” in Class 35.
5.3.2. Six Continents opposed this application claiming that “HOLIDAY INN” marks are globally well-known marks and the application was filed in bad faith and can confuse the public.
5.3.3. The DOI made the following determination in the given case:
5.3.3.1. HOLIDAY INN marks have been registered and are used by Six Continents in Nepal and other countries and thus are well-known marks belonging to Six Continents.
5.3.3.2. Holiday Express’s proposed mark does not seem to be its original creation and the application has been made in bad faith.
5.3.3.3. Allowing registration of the “HOLIDAY EXPRESS TRAVELS AND TOURS (and logo)” mark to Holiday Express Nepal can adversely affect the goodwill of Six Continents and therefore shall cause confusion among consumers.
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Your trademark is the most wONDERFUL gifsets alongside bursts of amazing travel photographs and excellent fic with the occasional injury 😅😂
amy!! 😅 i love that you love my gifsets and fics. and i ALWAYS love when people like my photography. but i hope i'm reading this correctly that you mean *i* have the occasional injury in which case DID I MENTION that when i was in nepal this fall i literally twisted my ankle TWICE within a span of 20 minutes???
yeah, i was with a group of people in downtown thamel and i split off from everyone for, like, A MINUTE to walk around a corner and see if i could find a restaurant my friends and i used to spend a lot of time at when i was a teen (i did!) but when i was walking back to the others i wasn't paying attention and i stepped FULLY into a pothole and rolled on my ankle and dropped to my knees. that sucked, but i probably could have walked it off...except about 20 min later when we were maybe two blocks away from our hotel I DID THE SAME THING on the SAME ANKLE!! so for the next, like, week of my trip through 2 more countries and 6 more airports i was limping everywhere on my shitty busted ankle 😂
my point: it's a well-deserved trademark lol
tell me what you think my trademark™ is
#ask#mellaithwen#one of the girls i've traveled with from another university was at a work event my colleague was at#so he went over to say hi to her for me#and he didn't tell me what they talked about but he DID say she complimented my photography to him and i died a little#i wish i was a better and more serious photographer but i am stupid flattered whenever anyone likes my basic iphone pics
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[Plain text and image descriptions: 1. Okay can somebody explain to me how the fuck you ship a package of cookies to a friend who lives in New Jersey, only to have it not get there on time because it somehow ended up in Guam? I just Guam? 2. Im crying real tears mah dudes the cookies are in Guam 3. Screenshot of a tracking table that shows that on December 27, 2016, 5:03 am the item Departed USPS Facility in Barrigada, GU 96913. A note says, “The package is delayed and will not be delivered by the expected delivery date. An updated delivery date will be provided when available. Your item departed our USPS facility it Barrigada, GU 96913 on December 27, 2016 at 5:03 am. The item is currently in transit to the destination. 3. Katie tried to send us cookies outta the goodness of her heart and just “Ohhhh these cookies were supposed to go to New Jersey, Phil? I thought you said [screenshot of “Barrigada, GU 96913”] from USPS site. 4. 12/17, 8:37PM CT Its still in fucking Guam 5. 12/28, 162:18PM CT The gooies are in Honolulu guys they (text in asterisks for emphasis) finally left Guam (end emphasis) 6. 12/18, 10:22PM CT The cookies are finally on their way to New Jersey. Go cookies Go @ phantomRose96 @ CupcakeCreeper @ homebeccer get ready 7. Screenshot that says “Product and Tracking Information: Postal Product: Priority Mail (trademark) Features: Insured” and shows that as of December 28, 2016 at 10:22pm the item was In Transit to Destination 8. A screenshot of bookmarks and history that says: USPS Service Alerts – Residential Services Disru [words cut off] USPS Service Alerts – Will I receive mail delivery? USPS Service Alerts usps delays 2016 holiday – Googlo Search usps mail went to guam – Google Search Contact US | USPS Help | USPS 9. 12/20, 12:29AM CT @ phantomRose96 @ CupcakeCreeper @ homebeccer Holy fuck holy fuck holy fuck guys guys guys guys guys guys 10. [Screenshot showing the cookies arrived at USPS destination facility in Teterboro, NJ 076999 on December 30, 2016, 12:39 am] 11. The cookies are almost there 12. They’ve arrived th’eyre on he front doorstep [the word arrived is written with many repeated letters for emphasis] 13. Cookies acquired 14. A photo of a plastic container of cookies, many of which are crushed and/or broken. 15. The thrilling conclusion 16. A map showing that the cookies went from the southern United States to Guam, to Hawaii, to New Jersey. 17. So for shits and giggles, @ homebeccer @ phantomRose96 @ CupcakeCreeper and I wanted to know how much it would actually cost the U.S. government to intentially send these cookies from Texas to Guam to New Jersey and [several question marks] And It’s [Screenshot with the locations redacted that says, “The selected Flat Rate mail service is not available for the specified destination. The timeliness of service to or from destinations outside the contiguous US may be affected by the limited availability of transportation.”] It’s It’s not an option it’s not an option I can’t I- I couldn’t even have sent these cookies to Guam even if I’d have tried 18. A screenshot showing 70,283 notes 19. How [written with letters separated] 20. A photo of a package label stamped with “Missent to Nepal.” \End descriptions]
OKAY CAN SOMEBODY EXPLAIN TO ME HOW THE FUCK YOU SHIP A PACKAGE OF COOKIES TO A FRIEND WHO LIVES IN NEW JERSEY, ONLY TO HAVE IT NOT GET THERE ON TIME BECAUSE IT SOMEHOW ENDED UP IN GUAM?
I JUST
GUAM?
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Delighted to share insights into Patent, Design and Trademark Act of Nepal, Nepal's primary legislation governing intellectual property rights. For a detailed dive into the nuances of Nepal's IP laws, check out the full article here:
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Nepal's business landscape is grappling ... #awash #copyrightlawsinnepal #infringement #IPlawsinnepal #Nepal #Nepalbusinesses #nepalcopyrightlaws #nepalcounterfeiting #nepalcreativity #nepaldesigninfringement #nepaldesignlaws #nepalfdi #Nepalforeigninvestment #nepalindustrialization #nepalindustry #nepalinnovation #nepalintellectualpropertyrights #nepalipchallenges #nepalipenforcement #nepaliplaws #nepalipprotection #nepallegalreforms #Nepalmarket #nepalpatentinfringement #nepalpatentlaws #nepalstockexchange #nepaltrademarkinfringement #nepaltrademarklaws #Nepalibusinesses #nepalicompanies #nepalicopyrightlaws #nepalicounterfeiting #nepalicreativity #nepalidesigninfringement #nepalidesignlaws #nepalifdi #nepaliforeigninvestment #nepaliindustrialization #nepaliindustry #nepaliinnovation #nepaliintellectualpropertyrights #nepaliipchallenges #nepaliipenforcement #nepaliiplaws #nepaliipprotection #nepalilegalreforms #nepalimarket #nepalipatentinfringement #nepalipatentlaws #Nepalistartups #nepalitrademarkinfringement #nepalitrademarklaws #patent #plaints #trademark
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Revealing the Promise of Seeking after MBBS in Nepal: A Comprehensive Guide
Nepal, settled in the midst of the towering Himalayas and embellished with social lavishness, calls yearning medical experts with its burgeoning medical instruction segment. The interest of a Lone ranger of Medication and Single man of Surgery (MBBS) degree in Nepal has picked up footing universally, owing to its combination of quality instruction, reasonable expenses, and assorted clinical introduction. In this article, we delve deeper into the scene of MBBS in Nepal, shedding light on its teaching, educational modules, eligibility criteria, and the focal points it offers to students.
The Thriving Medical Instruction Segment:
Nepal's medical instruction division has seen surprising development in later a long time, with an expanding number of medical colleges advertising MBBS programs recognized by the Nepal Medical Chamber (NMC) and partnered with prestigious colleges such as Tribhuvan College (TU), Kathmandu College (KU), and B.P. Koirala Organized Wellbeing Sciences (BPKIHS). These educators are committed to maintaining worldwide guidelines of medical instruction and give cutting edge framework and experienced workforce to sustain the another generation of healthcare experts.
Curriculum Outline:
The MBBS curriculum in Nepal is fastidiously planned to supply a comprehensive understanding of medical science and clinical hone. Crossing over five and a half a long time, the program comprises three particular stages: basic sciences, pre-clinical, and clinical revolutions. The essential sciences stage lays the foundation with subjects like life structures, physiology, and natural chemistry, whereas the preclinical stage delves more profound into disciplines such as pathology, pharmacology, and microbiology.
The trademark of the MBBS program lies in its clinical stage, where students set out on turns over different specialties in partnered educating clinics. Here, they apply hypothetical information to real-life quiet care scenarios, sharpening their clinical aptitudes beneath the direction of prepared medical professionals. This hands-on involvement plans students to explore the complexities of healthcare delivery with certainty and compassion.
Eligibility Criteria and Admission Prepare:
Prospective MBBS students in Nepal are required to meet certain qualification criteria, counting completion of higher secondary instruction (or comparable) with a science background and achievement of qualifying scores in entrance examinations conducted by respective medical colleges or colleges. Worldwide understudies may ought to give extra documentation, such as verification of English capability and eligibility for an understudy visa.
Advantages of Choosing MBBS in Nepal:
Affordability: One of the foremost compelling reasons to seek after MBBS in Nepal is its affordability. Educational cost expenses and living costs are generally low compared to numerous Western nations, making restorative instruction available to a broader range of students.
Worldwide Acknowledgement: MBBS degrees obtained from recognized therapeutic colleges in Nepal hold universal acknowledgment, empowering graduates to seek after encouraging instruction or licensure in other nations. Many teach moreover offer preliminary classes for authorising exams such as the USMLE and PLAB, encouraging career opportunities abroad.
Cultural Immersion: Nepal's wealthy social embroidered artwork offers an interesting learning environment for understudies, permitting them to submerge themselves in differing traditions, dialects, and healthcare homes. This social exposure upgrades students' social competence and plans them for a globalised healthcare landscape.
Clinical Exposure: Associated instructing clinics give broad clinical introduction, permitting understudies to witness and take part within the determination and treatment of a wide run of restorative conditions. This hands-on encounter is important for building clinical intuition and cultivating proficient development.
Steady Learning Environment: Nepal's medical colleges prioritise understudy welfare and give a strong learning environment conducive to scholastic greatness. Workforce individuals are congenial and devoted to sustaining students' potential, guaranteeing they get personalised consideration and direction all through their instructive travel.
Challenges and Considerations:
Whereas seeking after MBBS in Nepal offers various focal points, understudies ought to be arranged to adjust to a modern social and instructive environment. Language obstructions, social contrasts, and altering to diverse instructing techniques may posture beginning challenges for worldwide understudies. Also, careful inquiry about and assessment of medical colleges are fundamental to ensure arrangement with personal scholastic and career objectives.
Conclusion:
In conclusion, seeking after MBBS in Nepal holds a colossal guarantee for yearning restorative experts seeking quality instruction, differing clinical introduction, and worldwide acknowledgment. With its reasonable expenses, steady learning environment, and wealthy cultural legacy, MBBS in Nepal offers a compelling goal for students setting out on their journey towards a satisfying career in medication. By grasping the openings displayed by studying overseas, understudies can open their full potential and develop as compassionate and competent healthcare experts balanced to form a contrast in the world.
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"Blouse Design in Nepal: Crafting Elegance and Tradition"
Enhancing your blouse designing skills requires a combination of creativity, knowledge, and practice. Here are some tips to help you improve and refine your blouse designing:
Study Fashion Trends:Stay updated with current fashion trends and Blouse Designs in Nepal. Follow fashion magazines, blogs, and social media accounts of fashion influencers to get inspiration.
Sketch Regularly:Practice sketching blouse designs regularly. Experiment with different necklines, sleeve styles, and embellishments. Sketching will help you refine your design ideas.
Learn Pattern Making:Understanding pattern making is crucial for creating well-fitting blouses. Consider taking courses in pattern making to learn the technical aspects of blouse design.
Fabric Knowledge:Familiarize yourself with different types of fabrics and their properties. Knowing how various fabrics drape and behave is essential for choosing the right material for your blouse designs.
Experiment with Details:Pay attention to small details like buttons, embroidery, lace, and trims. These details can elevate a simple blouse design into a unique and stylish piece.
Understand Body Types:Recognize that different body types require different blouse designs. Learn how to create designs that flatter various body shapes.
Color Theory:Develop a good understanding of color theory. Experiment with color combinations to create visually appealing blouse designs.
Sustainability:Consider incorporating sustainable and eco-friendly practices into your blouse designs. Sustainable fashion is becoming increasingly important in the industry.
Collaborate and Seek Feedback:Collaborate with other designers or seamstresses to gain different perspectives and ideas. Don't hesitate to seek feedback from mentors, peers, or potential customers.
Attend Workshops and Courses:Enroll in workshops or courses that focus on blouse designing, embroidery, or other related skills. Learning from experts can accelerate your growth.
Create a Signature Style:Develop your unique signature style that sets your blouse designs apart from others. This could be a particular motif, embellishment, or design element that becomes your trademark.
Use Technology:Explore fashion design software and tools to create digital sketches and patterns. These can streamline the design process and allow you to experiment with ideas more efficiently.
Prototype and Experiment:Create prototypes of your blouse designs to see how they look in reality. Experiment with different fabrics and embellishments to bring your ideas to life.
Stay Inspired:Draw inspiration from various sources, including nature, art, culture, and everyday life. Inspiration can come from anywhere, so keep an open mind.
Keep a Portfolio:Maintain a digital or physical portfolio of your best blouse designs. A portfolio is essential for showcasing your work to potential clients or employers.
Stay Persistent:Improvement takes time and persistence. Don't be discouraged by setbacks or challenges. Keep working on your skills and learning from your experiences.
Enhancing your blouse designing skills is a continuous journey. By staying dedicated, seeking inspiration, and consistently practicing, you can refine your abilities and create stunning blouse designs that stand out in the world of fashion.
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Learn about International Trademark Registration in India. Easily apply and get international trademark registered in any country like India, Nepal, and many more with Regalguru. International Trademark registration legally protects any infringement of the particular trademark misused by third person.
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Tile Inc., an American consumer electronics company specializing in providing wireless tracking devices and services, has quite recently filed four Trademark Infringement lawsuits against CellnTell Distribution Inc., 888 Digital Inc., S&W Dealz, and Digital Pavilion Electronics. The four lawsuits are filed in the New York Northern District Court, New Jersey District Court, Massachusetts District Court, and New York Eastern District Court, respectively.
Tile has accused all the four defendants of unauthorized and wrongful promotion and sale of its products. The company sells its products via authorized resellers. Additionally, it has also implemented an authorized reseller network for assuring that all of its products sold meet the high standards of quality control. Tile sells its products under the “Tile” brand, and none of the defendants in this lawsuit filed are authorized resellers. It got its “Tile” trademark registered long back and has been using it since 2014. The company always advertises, distributes, and sells all of its products to the customers under its Registered Trademark.
According to Tile, all four defendants are responsible for offering for sale and selling non-genuine Tile’s products under its registered trademark. It stated that the unauthorized sales don’t have the company’s warranty. It concluded by saying that the defendants are deceiving the customers in the market by selling the products that aren’t covered under Tile’s warranty and also lack quality. For instance, Tile believes that CellnTell Distribution and S&W Dealz are involved in selling stolen products on e-commerce platforms like Amazon by advertising that the products are all new. When it comes to 888 Digital, Tile mentioned that the company is marketing Tile’s products as new and deceiving the customers by selling used, liquidated, or even potentially stolen Tile products on its official business website. Meanwhile, talking about Digital Pavilion Electronics, Tile specified that the company is selling non-genuine Tile products bearing Tile’s registered trademark on Amazon and other platforms.
The defendants’ actions, without any second thoughts, have confused the customers and damaged Tile’s goodwill and reputation as the customers believe that they are buying the legitimate products in the scenario where the reality is the opposite.
As a consequence of these unauthorized actions, Tile has claimed in its lawsuit filed that it is losing upon a lot of profits and suffering a loss of the enormous goodwill and reputation, which the company has created in its registered trademark over the years. Additionally, Tile has stated that the unauthorized sellers have indeed infringed upon its registered trademark via the reproduction, sale, distribution, interstate commerce, and advertisement of its products. At last, Tile said that all the four defendants are involved in willful trademark infringement, unfair competition, deceptive trade practices, and false advertising violations. It is now looking forward to seeking injunctive relief, pre- and post-judgment interest, an award for damages, related costs and fees, and other relief as determined by the courts. ✅ For view source: https://www.kashishipr.com/blog/tile-files-four-trademark-infringement-lawsuits-corresponding-to-unauthorized-sales/
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After being accused of copyright-infringing CeCe Peniston’s iconic hit 90’s single – ‘Finally’ for her hit Juice, Lizzo may have a lawsuit on her hands.
Lizzo (real name Melissa Vivanne Jefferson), the 31-year-old singer, released her Juice in January 2019. Although the specific Juice didn’t set the charts on fire, it received endless airplay on radio, TV, and almost everywhere. But now, the song has been a subject of accusations of Copyright Infringement.
CeCe, the 50-year-old singer who released ‘Finally’ back in 1992, claims that features of Juice are similar to her song. She also shared a side-by-side comparison of a part of her song where she sings ‘Finally,’ alongside a particular part of Juice where Lizzo sings ‘ya-ya-ee, ya-ya-ee.’
CeCe’s caption, alongside her Instagram post, explains: the comparison between the two songs clearly shows that it is a copyright infringement case where Lizzo’s Juice is infringing ‘Finally.’
CeCe later added that this is a sensitive issue. She loves Lizzo’s music and artistry, but her concern is that lyrics and melody, which she wrote in her song ‘Finally,’ are now a part of Juice. She would like to resolve the issue positively without a nasty legal fight.
Although Lizzo is yet to respond to the allegations, it is not the first time when a singer has been alleged for copyright infringement. For instance, songwriter and producer Justin Raisen has recently alleged Lizzo for lifting the opening line, chords, and melody of her latest single – Truth Hurts from a song titled Healthy, which they had written together earlier this year.
Justin, in an Instagram post, said that they were never communicated about being credited for the profitable use of the parts of ‘Healthy.’ They have attempted to sort out the concern quietly for the past two years, asking for only 5% each but were shut down every time, Justin added in the last.
Currently, Lizzo is celebrating the success of Truth Hurts that has earned her the first No. 1 on the Billboard Hot 100 chart. ✅ For view source: https://bit.ly/2OiQ4RA
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#copyright infringement#Intellectual Property Right#Copyright Infringement in Afghanistan#Copyright Infringement in Bangladesh#Copyright Infringement in Bhutan#Copyright Infringement in India#Copyright Infringement in Maldives#Copyright Infringement in Nepal#Copyright Infringement in Pakistan#Copyright Infringement in Sri Lanka#Registered Trademark#Trademark Application Process#Trademark Registration#Online Trademark Registration in Nepal#Online Trademark Registration in Pakistan#Online Trademark Registration in Sri Lanka#Trademark Registration in Afghanistan
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Classic Lara’s Canon Outftis
A list of outftis worn by Lara Croft during her adventures from 1996 to 2008 (yes I consider LAU part of the Classic timeline, get over it)
Classic 1.0 - TR1, Legend (Peru Flashback) - Tourquoise sleeveless letoard, brown short shorts, brown long boots, brown backpack, black belt & holsters, black fingerless gloves, hair tied in a braid, low in TR1, high in Legend. Often wears her trademark round rose sunglasses but not in-game. Braid is not properly implemented in the TR1 in-game model.
Croft Manor Sport 1.0 - TR1 (Croft Manor) - Light gray track suit pants, darker gray sports bra & matching high-waist spandex shorts, black wristbands, bare feet, hair tied in a low braid. Braid is not properly implemented in the TR1 in-game model.
Classic 2.0 - TRII, III - Same as Classic 1.0 but with a lower-cut neckline.
Croft Manor Sport 2.0 - TRII (Croft Manor) - Brown cargo pants, olive sleeveless crop top, brown boots, black belt, black fingerless gloves, hair tied in a low braid.
Wetsuit 1.0 - TRII (Oil Rig and the Maria Doria) - Grey / blue half-length Sola wetsuit with short sleeves, black belt & holsters, black fingerless gloves, brown backpack, bare feet, hair tied in a low braid.
Bomber Jacket - TRII (Tibet, Alaska) - Same as classic but with a dark brown bomber jacket worn over it.
Dressing Gown - TRII (Croft Manor) - Blue velvet dressing gown, hands and feet bare, hair tied in a low braid, dagger of Xian tied to her waist.
Croft Manor Sport 3.0 - TRIII (Croft Manor) - Brown camo pants, black sleeveless crop top, black boots, black fingerless gloves, brown backpack, black belt & holsters, hair tied in a low braid.
South Pacific Islands - TRIII (South Pacific Islands) - Green short shorts, white sports bra, brown boots, brown backpack, black fingerless gloves, black belt & holsters, hair tied in a low braid.
Area 51 - TRIII (Nevada, Channel Tunnel) - Same as Croft Manor Sport 3.0 but the pants are blue.
Catsuit 1.0 - TRIII (London, Paris) - Black full-body catsuit with elbow-length sleeves and low-cut neck, black boots, blak fingerless gloves, black belt & holsters, brown backpack, hair tied in a low braid.
Antarctica - TRIII (Antarctica) - White camo pants, classic leotard, orange RX Tech coat, black boots, brown backpack, black fingerless gloves, black belt & holsters, hair tied in a low braid.
Teen Lara - Last Revelation (Cambodia), Chronicles (Black Isle) - Green cargo shorts, white short-sleeved crop top, green sleeveless vest, brown boots, brown backpack, brown belt, bare hands, hair tied in high braided pigtails.
Classic 3.0 - Last Revelation, Chronicles - Same as the other two Classics but with an even lower (perhaps too low...) neck-cut and what appears to be a thong outline in the back of her shorts...? Worst version of the outfit.
Winter Camo - Chronicles (Russian Base) - Full body white / gray camo body suit, black boots, black winter gloves, white belt, dark gray snow hat, hair tied in a low braid.
Catsuit 2.0 - Chronicles (New York City) - Full body black catsuit that covers her entire body this time, black boots, black, fingerless gloves, black sunglasses, hair tied in a low braid, erapiece on right ear.
Denim - Angel of Darkness (Paris) - Blue jeans, denim jean long-sleeved jacket, black crop top, black boots, bare hands, hair tied in a low braid, black sunglasses (not in-game)
Camo Pants - Angel of Darkness (Louvre) - Green camo pants, black sleeveless crop top, black boots, black backpack, black fingerless gloves, black belt & holsters, hair tied in a low braid, black sunglasses (not in-game)
Camo Vest - Angel of Darkness (Prague) - Same as Camo Pants, but with a green sleeveless vest over it.
Camo Shorts - Angel of Darkness - Same as Camo Pants but with camo short shorts instead of pants.
Wetsuit 2.0 - Angel of Darkness (The Vault of Trophies) - Blue half-length wetsuit with short sleeves, black fingerless gloves black backpack, bare feet, knife tied to right ankle, hair tied in a low braid.
Legend - Legend - Brown short shorts, the shortest ones yet I think, brown short-sleeved crop top with very low neck cut, white sports bra worn underneath, black boots, black backpack, black fingerless gloves, black belt & holsters, hair tied in a high ponytail, earpiece.
Biker, No Jacket - Legend (Croft Manor) - Black leather pants, white long-sleeved leotard, unbottoned low (again, too low) neck line, black boots, black backpack, black belt & holsters, bare hands, hair tied in a high ponytail, earpiece.
Evening - Legend (Japan) - Black short satin dress with ridiculously plunging neckline and exposed back, black peep-toe sandal heels, black bangles on left hand, black necklace, fingernails painted dark red, regular backpack is modified and worn as a purse, hair is let loose, although she is technically wearing it ear-piece is not visible, possibly conealed by her hair.
Evening, Ripped - Legend (Japan) - Same as Evening exceot the dress in now ripped on both sides, exposing black lace floral-patterned boxers, heels are removed and feet are now bare, backpack is worn regularly, black belt & holsters, hair tied back in a high ponytail, earpiece is now visible. Side note: When wearing this outfit Lara’s idle standing animation is different. She now has her legs stuck to each other as opposed to her usual standing pose when wearing more conventional clothes for an adventure. She’s a Countess after all!
Winter - Legend (Kazakhstan, Nepal) - Brown pants, brown parka (top layer), blue long-sleeve wool shirt (mid layer), white long-sleeve buttoned shirt (bottom layer), black fingerless gloves, black boots, black backpack, hair tied in a high ponytail, earpiece.
Winter, No Coat - Legend (Kazakhstan) - Same as Winter but with parka removed, better showcasing the middle and bottom layers of the original outfit. Both the blue and white shirt also leave Lara’s midriff ever so slightly exposed, which seems like a weird design choice since it’s supposed to be a “Winter” outftit... The backpack also has an extra strap that goes over her upper chest, connecting the two arm straps together which is oddly not visible before removing the parka. It also raises the question how did she take the parka off after it cauhght fire without removing the backpack first but I digress :p
Biker - Same as Biker, No Jacket but with a red / black Ducati leather racing jacket worn over it.
Anniversary - Anniversary - Reimaged Classic outfit for the original game’s... well... anniversary! Same as the classic outftis but instead of a tourquoise leotard she now wears a light blue cotton sleeveless shirt. Like the original Classic, no low-cut neckline this time, shorts are however again shorter than usual, like in Legend.
Wetsuit 3.0 - Underworld (Mediterranean Sea) - Black / yellow long-sleeved wetsuit, shorter than the previous two and with a zipper that’s been left unzipped for... reasons? Bare hands and feet, black backpack, the strap from Kazakhstan is now visible on all Underworld outftis, black belt & holsters, hair tied in a high ponytail.
Jungle, Shorts - Underworld - Brown two-tone short shorts, now a bit longer than Legend’s and Anniversary’s, matching brown two-toned sleevelss crop top with a low-cut neckline and no white undershirt this time, black boots, black fingerless gloves, black backpack, black wristband on left arm, hair tied in a high ponytail.
Casual - Underworld (Croft Manor) - Brown two-tone pants, similar in design to Jungle, Shorts’ shorts, brown wool zippered shirt with black top underneath, black boots, black backack, black belt & holsters, bare hands, hair tied in a high ponytail.
Jungle, Heavy - Underworld (Southern Mexico, Andaman Sea) - Bottom half is the same as Casual, top half features a black long-sleeved leather jacket with a white top under it and black fingerless gloves, hair tied in a high ponytail. Again her midriff is exposed, more than Kazakhstan this time, once again defeating the purpose of the outfit, which this time is supposed to keep her covered from the rain...
Snow, Heavy - Underworld (Jan Mayen Island) - Black pants, dark blue puffy coat, black boots, black backpack, black winter gloves, black belt & holsters, hair tied in a high ponytail
Drysuit - Underworld (Arctic Sea) - Full body dark blue / light blue zippered (fully this time!) drysuit, black boots, black backpack, black belt & holsters, bare hands, hair tied in a high ponytail.
Casual Explorer - Underworld (Croft Manor) - Grey jeans, blue buttond shirt with sleeves rolled up to her elbows and white top underneath, brown boots, black backpack, black fingerless gloves, black wristband on right arm, black belt & holsters, hair tied in a high ponytail, earpiece returns one last time!
So, there you have it, these are the outftis Lara has chosen to wear over the years in her journeys across the globe!
P.S. In all outftis where she wears boots, she also wears white long socks along with them.
The models pictured in the image have been made by HailSatania on DeviantArt
#Tomb Raider#Lara Croft#Lara Croft Tomb Raider#Lara#Tomb Raider featuring Lara Croft#Tomb Raider II starring Lara Croft#Tomb Raider II#Lara Croft Tomb Raider: Anniversary#Tomb Raider: Anniversary#Lara Croft Tomb Raider: Legend#Tomb Raider: Legend#Tomb Raider: Underworld#Tomb Raider: The Last Revelation#Tomb Raider III: Adventures of Lara Croft#Tomb Raider III#Tomb Raider Chronicles#Lara Croft Tomb Raider: The Angel of Darkness#Tomb Raider: The Angel of Darkness#Anniversary#Legend#Underworld#The Last Revelation#Chronicles#The Angel of Darkness#TR1#TRII#TRA#TRL#TRU#TRLR
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Why are you so sad about Harry, though? He's happy and healthy and safe and in love and living with his wife and their child. It kinda seems like he and Meghan are in a state of 'I'm doing better than I ever was', to quote Taylor Swift. And they still get snapped by the paps every now and then so it's not like you can't see them anymore. I don't really get what's to mourn in this situation, idk.
I'm sad about Harry because I fell in love with the Prince and now I'm left with an HRH turned glorified influencer, living in Montecito and speaking on things he doesn't understand and trashing his family and his country and running to the press he claims to hate every other week and admitting to being too ashamed to getting his suicidal wife help and lying/stretching the truth/exaggerating about stuff and... yeah. I could go on. I'm really sad about the way it's happened - I'm sad he was so sad and desperate enough to claw his way out of the only home and life he's ever known, I'm sad Meghan was feeling the way she was, I'm sad that Harry clearly never got the help he needed, I'm sad that Meghan couldn't either, I'm sad that he had to worry about Meghan and Archie, I'm sad that they suffered, I'm sad that the press wore them down to the point of clawing their way out in the ugliest way possible, I'm scared that they're not safe in California, I'm sad that he's turned out to be as petulant and impatient and impulsive that everyone has always warned me he was. I'm just so fucking sad about the whole thing. It's over, it will never, ever be the same, and a year and a half later, I'm just so fucking heartbroken. I miss Sentebale Harry, Invictus Harry, and he will never come back. Instead, we're left with anti-first-amendment Harry, therapy-on-live-TV Harry, I-hate-my-father Harry, they-forced-me-to-go-on-tour-against-my-will Harry and I just hate it. I hate how it is now, and I hate that I took for granted the way it was back then, because it's gone, and it will never, ever, ever be the same again.
He's still doing good in the world, and he's happy and feeling safe, and he's comfortable in his new life with his family in California, and I'm always happy that he's happy, no matter what happens. But I loved the People's Prince, the patron, the HRH part of "just Harry," the guy who let little kids scratch his beard, shared popcorn in the stands of Invictus, charmed little old ladies in Australia, bared his kind, genuine, sweet soul for the world in every single engagement/tour/interview he gave. Who could even forget him waking up early to catch the sunrise in Nepal? Pretending to beat Usain Bolt in a race? Playing polo with his brother? Charming Daphne Dunne?
I love Harry the person, but Harry the Prince is what drew me in to begin with. I'm not interested in celebrity - I'm interested in what makes royal different from celebrities. Harry's no different anymore, and I hate it. I miss the genuine spark, the charm that made Harry different than any other royal I'd ever seen - back then, his brother and sister-in-law included. He was just everything when it was good, and it's a lot to lose and mourn when it's gone. When you care about someone the way I've cared about Harry all these years, losing it in one fell swoop out of the blue one random day in January is a lot to stomach. I never thought it'd go away, you know? I always thought Harry the Prince would die with Harry the person sometime in, idk, 2086. I never thought I'd have to live in a world where Harry the Prince is gone and Harry the celebrity, Harry the person - a different person than the Harry I thought he was - isn't. I don't do things halfway, never have. I know this all sounds ridiculous, but I mean every word of it. I'm still mourning what it was and what it would have continued to be, if this didn't happen. It hurts. Still. Make fun of me all you want, I don't care. It hurts.
I'm mourning the thousands of solo and joint engagements we lost, the tours, even a Jubilee tour next year, the official photos (we never got an updated BRF photo, and now we never will, because Philip is gone and I guarantee you we will never see H/M/A/BS in one ever again; imagine a cousins/spouses/kids photo?), Christmas cards, 60 years of Christmas walks, the trademark BRF ceremony with a sprinkling of Harry spark, the interactions with the public who used to adore him, the interactions with his family, new initiatives, Trooping the Colour, ceremonial military engagements, HRH Prince Archie of Sussex, HRH Princess Sussex, official coronation photos, taking on more patronages and causes, the future William/Meghan, Kate/Harry, William/Harry, and Kate/Meghan engagements we could have had, grandparent Charles and Camilla with all of the Wales grandkids, polo with the cousins, Archie/Lena/Louis growing up together... what isn't there to mourn? Yes, they're doing good in the world, and I have no doubt they're doing better than they ever have, but it's not the same. Again, it never will be. That's what I'm mourning.
This has turned into an essay, and I know a lot of you won't like what I had to say. But I miss Prince Harry, and I can't imagine there will ever be a time that I don't. So yeah, I'm mourning Prince Harry, the now-shattered illusion of the version of him that used to exist. Again, I can't imagine there will ever be a time that I don't.
#ask#anonymous#queue#catching up whoops#prince harry#duke of sussex#this made me sad to write#i miss my harry
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03. Apache - Craig Smith (Maitreya Kali) - Color Fantasy - 3.50
Craig Vincent Smith (April 25, 1945 – March 16, 2012) was an American musician, songwriter and actor. He began his career in the 1960s playing pop and Folk music, and appearing on The Andy Williams Show. Smith wrote several songs that were recorded by successful artists of the time including Glen Campbell, The Monkees, and Andy Williams. After experimenting with drugs while travelling on the hippie trail, he suffered mental health problems which worsened over time. He released two solo albums, Apache and Inca, in the early 1970s under the names Maitreya Kali and Satya Sai Maitreya Kali. After spending nearly three years in prison for assaulting his mother, he spent the majority of the next 35 years homeless.
Early and personal life. Smith was born in Los Angeles, the son of Charles "Chuck" Smith and Marguerite "Carole" Smith (n��e Lundquist). His father was a descendant of gospel songwriter Charles H. Gabriel. His mother was of Swedish and German descent. Smith had two older brothers and one younger sister. Chuck Smith had worked as a manager at the Jade Room, a nightclub owned by Larry Potter, and was known by the stage name Chuck Barclay. After World War Two he worked as a welder and a salesman. Chuck died in 1978, aged 64, from a stroke, and Carole died in 1998, aged 82, from pulmonary disease.
Smith attended Grant High School, becoming class president and being on the school gymnastics team. He graduated in June 1963, and turned down a number of offers from colleges in order to pursue a career in the entertainment industry.
Career 1963–1966: the Good Time Singers. In August 1963 Smith was recruited by Michael Storm and Tom Drake (who had performed together as the Other Singers) to join the Good Time Singers, a band formed to replace the New Christy Minstrels on The Andy Williams Show. From December 1963 to January 1964 Smith and Storm also performed shows with Gordon and Sheila MacRae, supported by their daughters Heather and Meredith. The Good Time Singers released their debut self-titled album in January 1964, and their second album One Step More in October 1964. In between the albums they had embarked on a 17-city tour. Around this time Smith began songwriting, and he wrote a song called "Christmas Holiday", which was recorded by Andy Williams for his 1965 album Merry Christmas. As the Good Times Singers' was ending, Smith and fellow bandmember Lee Montgomery intended to form a new duo called Craig & Lee, but Smith had to pull out after successfully auditioning for a new ABC television show, called The Happeners. Smith had previously unsuccessfully auditioned for The Monkees. The pilot for The Happeners was filmed in November 1965. The Good Times Singers' contract for The Andy Williams Show was not renewed past 1966.
1966–1967: The Happeners and Chris & Craig. After a successful audition process, Smith won the role of Alan Howard on The Happeners. The show was to be directed by David Greene, and was a mix of acting and singing, set in New York and based on the fictional eponymous folk trio. However, ABC declined to pick up the show following the pilot episode. Smith and his The Happeners co-star Chris Ducey decided to form a musical duo called Chris & Craig. They moved into an apartment together and began writing songs. They signed to Capitol Records, recording a number of demos throughout the summer of 1966. Their first single, "Isha", was written by Ducey b/w "I Need You" written by Smith, and was produced by Steve Douglas utilizing session musicians Hal Blaine and Carol Kaye of The Wrecking Crew. It was released in July 1966. Another single, "I Cant't Go On" (written by Ducey), was produced with the same line up. Originally an acoustic duo utitilizing session musicians, during their later 1966 sessions they began experimenting with a full band, and in November 1966 they played a show supporting the Mothers of Invention with such a full band, with Smith and Ducey playing electric guitars. Throughout late 1966 and early 1967 the duo continued to write and record more songs, but they were never released by the label. In 1967 Smith befriended Gábor Szabó and the Beach Boys, unsuccessfully offering to write songs for the latter. In early 1967 Chris & Craig began playing with a permanent backing band. Through their friendship with Michael Nesmith of the Monkees, they hired Jerry Perenchio as their manager. They changed their name to the Penny Arcade, shortly becoming the Penny Arkade for trademark reasons.
1967–1968: the Penny Arkade. Nesmith began producing Smith and Ducey, initially pairing them with John London (bass) and Johnny Raines (drums). They were eventually replaced by Donald F. Glut on bass (who had appeared in an earlier incarnation of the band) and Bobby Donaho on drums. While the band worked on their own material, Smith continued to write songs, including "Salesman" for the Monkees, and "Hands of the Clock" and "Lazy Sunny Day" for Heather MacRae. Smith was also credited as co-producer for the songs, alongside Bob Thiele. He also wrote "Holly" for Williams. Nesmith took the band into a studio to record their album. One of the songs written at this time by Smith was "Country Girl", which was later recorded and released by Glen Campbell for his Try a Little Kindness album. The album never materialised, but some of the songs were collected and released as Not the Freeze in 2004. After a bad review of one of their live shows, the band decided to concentrate on writing and recording songs. In early 1968 they unsuccessfully auditioned for the role of house band on the TV show Peyton Place. In February 1968 Smith and his father went into business together, running a bar called the Buckeye Inn. In late 1968 Smith was associating with the Manson Family, and exploring an interest in Eastern philosophy, particularly Transcendental Meditation. Smith eventually left the Penny Arkade and decided to go travelling. The band continued without Smith until 1969, renamed as the Armadillo and with Bob Arthur as a replacement guitarist.
1968: travelling to Asia. After previously smoking small amounts of marijuana with friends, Smith began experimenting with LSD in 1968. During his travels Smith took LSD on a "regular" basis, and he smoked "copious amounts of hashish" while in Afghanistan. Smith decided to travel to India alone, with just a guitar and a backpack. He set off to join the hippie trail, arriving in Turkey in October 1968, possibly via Austria and Greece. Smith met fellow Western travellers (an Irishman and two American women) in Istanbul, and they set off together in a VW van, intending to drive to Delhi. After the van broke down, they hitched a ride in a lorry transporting olive oil, before taking a bus to Iran. They passed through Afghanistan, with Smith deciding to leave his companions for a few days in Kandahar while they travelled on to Kabul. Smith never joined them in Kabul; when his companions returned to Kandahar a few months later, they heard rumours that he had "gone crazy", running through the market with a knife threatening people, and then disappeared. It later became apparent that after threatening a market vendor, Smith had been beaten close to death and robbed, and possibly kidnapped and raped. Smith possibly spent some time in an Afghan insane asylum, where he is thought to have developed acute schizophrenia. It is not known if Smith ever reached India, although he and his travelogue claims he did visit India and reconnected with the Maharishi and went to Nepal.
1969–1970: return to United States and travelling to South America. Smith returned to the United States in late 1968 or early 1969, initially living back with his parents. He was possibly institutionalized and medicated for a short period. By this stage he was using the name "Maitreya Kali", which he intended to become his legal name, although this didn't happen until 1971. He continued to receive royalty checks from his historical songwriting for Williams and Campbell, amongst others. After his girlfriend left him, Smith decided to travel to South America, spending time in Peru, Ecuador, Bolivia, Argentina, and the Galapagos Islands of Chile. Returning from South America, Smith reunited with his girlfriend, and they became engaged. When the engagement ended, Smith ripped up the wedding dress his fiancée had chosen. Following another brief re-connection, the relationship ended for good when Smith violently threatened one of her male friends.
1970–1971: deterioration in mental health. Smith claimed to have mystical powers, and thought he was a messiah. He prophesied that he would be "King of the World" by 2000. He claimed to be a reincarnation of Jesus, Buddha, and Hitler. As his erratic and bizarre behavior became more pronounced, such as claiming voices were telling him to kill people, his friends started to ignore him. One friend eventually had to obtain a restraining order against Smith. His appearance became more and more unkempt, with long hair and a wild beard. At one point, he shaved his head and beard off, and dressed in robes, his appearance comparable to a Buddhist monk, although his hair and beard would later grow back. He visited Heather and Sheila MacRae in Miami, and was asked to leave by Sheila's new husband after he woke up to find Smith standing over their bed with a knife. Heather saw him again in Los Angeles in 1972, when he "looked really scary [...] just totally looked insane, and would say weird things."
1971–1972: Apache and Inca. Smith wrote two solo albums Apache and Inca in 1971, which were self-released in 1972. In the liner notes to both albums, Smith claims to have played every instrument. The liner notes as a whole have been described as "bizarre [and] rambling", and display his belief system. Apache was released on his own 'Akashic Records', and features three songs from the Penny Arkade recording sessions. Inca was released a few months after Apache, in the summer of 1972, not as a standalone album but as a double gatefold with Apache on his new 'United Kingdom of America Records' label. Like Apache, Inca also features songs from the Penny Arkade recording sessions. The albums were mainly distributed to Smith's friends or sold on the street.
1973–1976: prison. After the albums were released, Smith sold his car with the intention of going to Ethiopia. His mental health problems continued, such as suggesting to a friend that they fight to the death using samurai swords. He also had a small black spider tattooed in the middle of his forehead in 1972 or 1973. On April 22, 1973, Smith attacked his mother at the family home. An attempted murder charge was not established, and following a psychiatric examination, he pleaded 'no contest' to a charge of assault. He was sentenced in November 1973 to six months to life, the maximum sentence for the offence, and the Judge suggested intense medical and psychiatric treatment. He began his sentence at the California Institution for Men, before transferring to the Deuel Vocational Institution in December 1973. He transferred again, to the California Men's Colony, in February 1974. He was granted parole at the fourth attempt, and was released from prison in June 1976.
1977–2012: later years and death. Suzannah Jordan, the third member of The Happeners trio, ran into Smith in LA in 1977; he was homeless but did not display any mental health issues. He drifted in and out of mental hospitals until the mid-1980s when funding was cut, and would then spend the next years homeless. He also had various run-ins with the law. In 1981 or 1982 he saw another old friend and told her he had been recording music. He has been indeed recording music, according to Mike Stax, as late as the late 1990s, which includes the 1994 song "Waves", which was released on the 2018 CD version of the album Love is Our Existence. By the early 2000s his "ramblings" had moved from Eastern philosophy/his Maitreya Kali persona to aliens. Smith died on March 16, 2012. His family declined to collect his ashes, and they were eventually collected by journalist Mike Stax.
★ Apache (Released under the name Satya Sai Maitreya Kali) (Akashic Records, 1971)
01. Ice and Snow 03:25 02. Black Swan 02:50 03. Color Fantasy 03:51 04. Voodoo Spell 02:01 05. Salesman 02:55 06. Music Box 02:55 07. Love Is Our Existence 02:30 08. One Last Farewell 02:35 09. I'm Walkin' Solo 02:28 10. Silk and Ivory 03:05 11. Swim 02:43 12. Revelation 03:12
★ Inca (Released under the name Satya Sai Maitreya Kali) (United Kingdom of America Records, 1972)
01. Lights of Dawn 02:56 02. Thesis 02:46 03. Knot the Freize 12:31 04. Jesus Owns 01:32 05. Sam Pan Boat 03:18 06. Fearless Men 03:38 07. Cheryl 03:05 08. Country Girl 02:51 09. Old Man 03:47 10. King 00:08
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One of a Pair of Manuscript Covers from the Glorification of the Great Goddess (Devimahatmya), 1700, Art Institute of Chicago: Asian Art
The Hindu goddess Durga. slayer of the buffalo demon Mahesha (Mahishasuramardini), appears in rhythmic succession 12 times in this pair of manuscript covers from Nepal. In this myth the gods, unable to defeat a powerful shape-changing demon in the form of a water buffalo, decide to create a goddess who—with their combined weapons, energy, and strength—will be able to vanquish it. Whirling her arms and brandishing her weapons, the goddess stabs the demon with her lance in one lower hand and lifts him up by the tail with another. Her right foot stands upon her trademark vehicle, shown as a snow lion in Nepal, while her left foot crushes the demon’s back. As she does so, a human form emerges from the animal’s neck. In an expressive detail, the buffalo’s severed head droops below the picture frame. In Nepal Durga is often called “Bhagwati,” and she is worshipped annually in an autumn festival in both India and Nepal. Kate S. Buckingham Endowment Fund Size: 1.7 x 49.0 x 11.7 cm (3/8 x 19 5/16 x 4 5/8 in.) Medium: Pigments and metallic paint on wood
https://www.artic.edu/artworks/185008/
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Title: Apprentice Amusement
Relationship(s): Kitty Davies (Self-Insert) x Neville Longbottom, Kitty Davies & Rubeus Hagrid
Summary: Kitty begs Hagrid to be an apprentice for him, to get experience with working with magical creatures, and when Kitty has to take care of some of the lake creatures, Kitty gets help from her herbologist friend.
Notes: This was heavily inspired by an idea by my friend Chester/ @fritillary, so uhm credits to them for the idea. I just wrote the thing and gave it a trademark of my awkward writing.
Word count: 2458
Warnings: Very awkward teen interactions between two lovestruck idiots (kitty & neville), I can't write, too much dialouge
“Hagrid, pretty please, I just want to be better in care of magical creatures! It’s the only subject I really care about my grade in! You’re also the only teacher who doesn’t scare or confuse me! Pretty please let me be your apprentice, even just for one day!” The short Gryffindor jumped up and down, holding onto their hands tightly like a begging motion. Hagrid shook his head, not wanting to answer as he wasn’t sure if he was allowed to have a student as an apprentice and didn’t want to either lie or disappoint the young Gryffindor that was practically chasing him and begging to be an apprentice. “I can’t promise that you can be an apprentice, sorry Katherine,” Hagrid apologized, his feet leading him to his hut. Kitty, still jogging after the half-giant, continued on about how they needed good grades or they would never be accepted as either a magizoologist or a care of magical creatures professor in the future, which was their biggest dream and aspiration in life.
“Hagrid, I’ll do anything! I’ll take care of Fluffy or your acromantula! Please, I just want to be your apprentice!” The shorter Gryffindor student had begged one last time before Hagrid turned around, his hands up in the air. “Alright, but don’t go around telling students or professors about it!” At the request acceptance, Kitty cheered to themselves and did a small dance. “Thank you, thank you, thank you, thank you, thank you so much, Professor Hagrid! I promise you won’t regret it! i’ll be the best apprentice in the whole world!”
Rubeus let out a heavy sigh, worried that they might go around telling anyone who listens, knowing of how much the young student talks once they get the opportunity. “I promise no one except us two and maybe Ferris will know about this!” The shorter female beamed before giving their instructor a quick embrace, before running away, to tell their beloved Niffler that was most likely stealing any shiny thing it came across in the castle.
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“Alright, what I’ll need you to do, Davies, is to feed some of the creatures in the lake.” Gulping upon hearing Hagrid’s command, they sheepishly scratched their neck. “But Hagrid, how am I going to feel them? Aren’t they underwater? How do I get them up here? Also uhm, I can’t, well uh, you see I can’t swim, swim into the lake nonetheless. I would drown!”
Hagrid was quiet for a few seconds before remembering how Kitty was close to a certain student who had a green finger. “Aren’t ye friends with that Herbology prodigy, Longbottom? Wouldn’t he possibly know of any plants or herbs to help you stay underwater?” Kitty, just like Hagrid had done seconds before, turned quiet. A light red hue coloring their cheeks, as they continue scratching their neck, trying to find the words. “Well, uhm, I mean, I wouldn’t be surprised. I think he helped Harry a few months back, during the underwater tournament challenge.” Kitty spoke, looking onto the lake in front of them, remembering how Neville had freaked out over supposedly killing Harry, and then had seconds later found out that Harry didn’t die, and came out alive.
Kitty remembered hanging around Harry that night and Neville telling Harry about Gillyweed. A slight smile overcame Kitty’s lips as they remembered Neville and Harry’s conversation that night, and how Neville had rambled on about some herbologist in Nepal. “Well, why don’t you ask him for some help with the whole underwater herb thing?” An exhale left Kitty’s mouth and they stood up, before bidding Hagrid a goodbye, making her way to find her favorite Herbology genius.
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Footsteps inching towards the Herbology classrooms, that were located at the Greenhouses, Kitty found herself nervously playing with the slightly large arm hems on their coat. They took a few more breaths, before walking to the door and reaching to open it, until- “OW!” Kitty rubbed her forehead, lying on the ground, as her gaze flew upwards, landing on a pair of worried hazel eyes. “Katherine! I uhm, I mean Kitty, I’m so sorry, I didn’t know you were there, uhm,” Neville stopped talking, holding his hand out so Kitty could take it.
Looking at his hand and grabbing it quickly, Kitty stood up and started patting her skirt. “Are you alright? You didn’t get hurt right?” Her eyes flew upwards again, and her cheeks suddenly reddened, remembering how Neville had just opened the door in Kitty’s face. “Yeah, yeah, I’m.. fine, I’m fine. I don’t think I’m bleeding or that any limbs are broken, hah.. ha..” Kitty laughed quietly, looking down in embarrassment.
They both stood in an awkward silence, the shorter Gryffindor’s cheeks a crimson color as they flustered by the whole situation. “Err, well, ok now that this is extremely awkward, would you mind if I asked you for a favor, Neville?” Kitty peered up at the taller male in front of her, her hands finding their way to her neck to scratch it self-consciously. “I, erm, alright, depends on what it is though..”
“Really? Uhm, alright, I need help finding Gillyweed, for uhm a project I’m working on..” Neville’s eyes stared straight at Kitty, his lips curling slightly up, forming a small smile. “Gillyweed? Can I ask what kind of project? Is it about herbology?” The herbology prodigy’s eyes light up and a smile was formed on his lips, making butterflies erupt in Kitty’s stomach.
“You can’t tell anyone about it, but it’s uhm.. I asked Hagrid to be, hm.. kind of his apprentice, and I’m supposed to take care of some of the creatures in the Black Lake, but thing is.. I would most likely drown if I were to go down there, without using Gillyweed or some kind of spell,” Kitty spoke, using her hands to be more expressive. “and I don’t know any spells.” Kitty added, going back to scratching her neck bashfully, at the same time as Neville gave a nod of understandment, as he didn’t know any spells either that could help his classmate with that exact task.
“I guess I could help you with that, I think I know just the spot it might be at.” Neville spoke, his voice almost confident, but it still quivered a few times. “Really?! Thank you, thank you, thank you, thank you, thank you so much, Nevy!” In the bliss of the moment of Neville accepting her request, Kitty jumped up and hugged him, her hands wrapped his neck, causing Neville to jump back in surprise. The shorter Gryffindor realized what they did and took a step away. “Sorry, I just got a bit too happy, I didn’t expect you to accept.. teehee..” A sheepish laugh escaped her mouth and just like earlier, her neck was scratched bashfully, as Neville scratched his upper arm, just as bashfully. “It’s ok, I-I just didn’t expect it, is all,” Neville responded, giving a small smile to her.
“Well, uhm do you have any plans right now or do you want to go get some Gillyweed?” The two shared a look before Neville accepted the offer of going looking for the plant they were in need of. Kitty, out of habit, linked their arms, and the two headed off to find some salt water.
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“Ok, so it’s green and in the water.. Sounds like an unique look.” Kitty commented, in a sarcastic tone, earning a short laugh from Neville, who stood a few feet away. The two had spent their day shoveling through the dirt in the edges of the Black Lake, not having found any Gillyweed yet. “I thought it would be around here..” Neville had mumbled to himself, but Kitty heard it and let a tired sigh out. Kitty stood up, looking at Neville. “Sorry for wasting your time, you probably could be doing something way more exciting that helping me find some plant that isn’t even here..” Kitty apologized and shamefully hung her head, expecting Neville was bored out of his mind.
Neville peered up and tilted his head. “It’s not your fault that the Gillyweed isn’t here. And honestly, I know this might now sound exciting to you,” Neville paused, looking down again, his cheeks a bit red. “but I think looking for plants with you is… fun.” He added quietly, before giving Kitty a paltry smile. Once again, Kitty’s stomach filled with butterflies and felt like she was flying.
“I think looking for plants with you is fun too.. I mean, I don’t generally find magical plants as fun as you may do, but.. If i could either spend all my time with you, looking after some weed that might not even be here, or to have some epic adventure with Harry, Ron, and Hermione, I think by the time we got inside, I would rather shake and shiver like a dog from standing in this water for so long.” Kitty replied, before putting her hand down in the water again. Suddenly, an expression of excitement and shock overcame her features and a plant was ripped out of the mud.
“I got it! I got it! I got Gillyweed! Wait, Neville, is this what a Gillyweed looks like?” Neville ran through the water, Kitty doing a little victory dance. Inspecting the plant, a sigh of astonishment, Neville put a hand on Kitty’s shoulder. “Yeah, that’s a gillyweed.. Now you can do your.. What did you need it for again?” Neville tilted his head, still grinning at the Gillyweed in her hands. “My apprentice task that Hagrid gave me, I need to take care of the lake creatures, and now since I have the Gillyweed, I won’t drown while doing so, yay!”
Kitty turned to Neville and quickly attacked him with a hug, making Neville jump back in response, making them both fall into the water. Neville, lying on his back, groaned as Kitty fell on top of him, who let out a laugh. “Sorry, I got too excited again..” Neville accepted the apology, and the two of them shared a quick glance, before Kitty got up, and stretched out a hand for Neville, which he gratefully took. “We should.. Probably go back inside, to
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Undressing until they were in their swimsuit, Kitty grumbled to themselves about how cold it was outside, before neatly putting their clothes by their other belongings on the shore. Gently humming to a quiet beat they remembered from a song their parents always played, Kitty enjoyed the quiet atmosphere around them and looked over the water, feeling a bit tense about swimming in it. “Ki-Kitty?” Jumping back, their attention now on the voice that startled them, Kitty noticed Neville, who upon noticing them wear a swimsuit stopped dead in his tracks, before giving a small wave.
“Uh hi, Nev.. Do you need anything or..?” Kitty trailed off, suddenly feeling kind of insecure as Neville very slowly approached them. «I just wanted to make sure the Gillyweed worked, so you don't.. Drown out there. I know it worked with Harry, but still, it could possibly give you some other effects, since you're a girl and Harry was a guy… Sorry, stupid thought, it most likely works w-” Kitty let out a more relaxed sigh, before making their way towards Neville.
“I uhm... You could stay and watch me if you want.. But only if you want, though.” Kitty suggested in a quiet voice, not sure whether it would be weird of him to watch them swim, and mentally slapped themselves. Neville was quiet for a moment before giving a light smile. “I uh, I can watch you.. To see if the Gillyweed has any different side effects on you!” Neville quickly added, his cheeks beginning to fluster.
Kitty was happy to spend so much time with Neville. Sure they already did, but it was mainly just when Hermione, Ron or Harry, Seamus AND Dean were busy, so the two of them finally hanging out on their own initiative made their heart flutter.
“I should probably eat the Gillyweed and get into the water.. I don't have all day to take care of those creatures, am I right..” Kitty joked, before turning around and walking towards the water. Even if they were scared of both the Black Lake and the concept of swimming in general, Kitty forced themselves into the freezing water, which made them shiver heavily.
Neville shouted something but Kitty couldn't hear it, but turned around either way and gave a thumbs up, which they regretted in retrospect. Continuing into the water, it started getting more shallow and shallow underneath their feet as they took another step into the water.
The Gillyweed didn't look like a delicacy, but the ability to breathe underwater was the only reason Kitty had decided to eat it. Gagging at the taste, before they looked down and noticed how their fingers and toes were all connected.
Petting , feeding and tending to the creatures in the lake didn’t take long before Kitty swam their way up to shore and walked towards Neville. They conversed for a few minutes, waiting for the side effects to wear off. “So, how long did I take?” Kitty asked, their gaze on the ocean as they felt Neville watch them. They would have turned to look at him back, but simply felt a bit too scared.
Neville stayed quiet and Kitty hesistated before repeating the question, making him seem like he was snapping out of a trance. “Sorry.. I was uh, just thinking about something.. I think you were in the water for half an hour? I could be wrong though..” The wet Gryffindor let out a light laugh and expressed how it felt like it only lasted a few minutes, making their friend respond in the same way by laughing. For a short while it stayed quiet, the two of them just staring at each other, no words being spoken.
“Guess I could take 'using Gillyweed to be like a Mermaid' off my bucket list now." Kitty joked, earning a small laugh by Neville, who handed his robe to them. “Erm, do you want to go to the common room and study, or do homework, if you haven't done it?” Tensing up, Kitty suddenly remembered they had homework that they definitely didn't do earlier that was due in a few days, and their eyes widened. “I forgot we had homework!”
Running towards the castle, desperately trying to keep Neville's robe from falling off their shoulders, as their classmate followed after, trying to catch up with them.“Kitty, Wa.. Wait up!” The two ran off towards the gryffindor common room, before Kitty ran in the opposite direction, yeling about forgetting their stuff.
#sage.txt#sage's writing#S/I: Kitty Davies#F/O: Neville Longbottom#sh: our blooming love#PL F/O: Rubeus Hagrid#pl sh; fantastic friendships and where to find them#this isn't like some shakespeare top quality stuff. its just. it's not the best but i like it so :) its self-indulgdent#credits to chester for this whole idea!! i might have put in some elements but the main idea is theirs!!!!#self-ship#self-shipping#self ship#self shipping#self-ship writing#reblogs are appreciated
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