Our institutions, and their checks and balances — enough to keep America from sliding into authoritarianism?
Repeatedly throughout his presidency, Donald Trump exhibited many signs of authoritarianism — from attacking the independence and credibility of the legal system, attacking the free press, politicizing and weaponizing the Justice Department, calling his political opponents criminals, and violating basic norms of honesty and civility. After he lost the 2020 election, Trump engaged in a concerted effort to overturn the outcome in multiple states, and pressured Vice President Mike Pence to stop Congress from certifying the election result on January 6 (something Pence had no Constitutional authority to do). Reports emerging in recent months indicate that the Chairman of the Joint Chiefs, General Mark Milley, feared Trump might attempt a coup to remain in office.
Most Americans would say that it is our system of checks and balances that prevents authoritarianism from arising in the U.S. — in particular, Congress functioning as a check on a president with authoritarian impulses. Levitsky and Ziblatt argue, though, that institutions alone cannot save democracy — the guardrails of democracy are what check would-be authoritarians, and ours are becoming dangerously weak. Wu claims that players in an “unwritten constitution” — state and local election officials, members of the justice department, the military — are what actually checked Trump.
Do you agree? Has our system of formal checks and balances weakened so much that it no longer can be counted on to thwart authoritarianism?
ssful case of colour trademark was in the US. In Qualitex Co. v Jacobson Products Company, Inc. the petitioner company had been using a special shade of green-gold for their dry cleaning press pads since the 1950s. In 1989, Jacobson Products Co. started using a very similar shade of green-gold on its own press pads. Qualitex Co. got it’s shade of green-gold trademarked and also sued Jacobson for infringement. Another issue faced by colour marks is the possibility of there being litigation over shades of the same colour. A solution to this problem is designation of a colour using an internationally recognised identification code like Pantone as such codes are deemed to be precise and stable. The Pantone is a commercial system that designates specific shades numerically and categorises over thousand such shades by unique codes. Tiffany and Co.’s unique shade of blue ‘Tiffany Blue’ has been a registered trademark since 1998 and also has its own custom Pantone number – 1837, the year the company was founded. T-Mobile’s colour ‘Magenta’, Mattel’s ‘Barbie Pink’, UPS’s ‘Pullman Brown’ are some more examples of colour marks. India is yet to set precedence as far as colour marks are concerned. Smell Mark Smell marks or Olfactory marks rely on their distinct smell to remind the consumers of the source i.e. the brand or the manufacturer of the product. Once distinctive, a smell is one of the most powerful manners to differentiate the goods of one merchant from those of the other. Smell marks are one of the most difficult kind of marks to get registered. However, smell being so subjective, may be perceived differently by different people. The subjectivity of smell acts as a hindrance in its distinctiveness. Another issue is the difficulty in graphically representing smells. One way to represent a smell could be to orally describe it so precisely that it doesn’t get confused with any other smell, but this is quite an arduous task. Writing the chemical formula for the substance is problematic as the formula represents the substance and not the smell itself. Samples of the smell could be stored but these may either vanish over time or change their nature when exposed to certain external factors like heat and humidity. Another important thing to note is that the scent must neither originate from the goods itself nor be functional. Functionality Doctrine again plays a role here and if any smell has a functional use, the registration of which could lead to significant disadvantage to competitors, such smell may be disbarred from registration. However, there is no clear-cut definition for functionality. For example, the smell of lemon for garbage plastic bags; the smell itself can be distinctive, but it can also be functional because it can mask the smell of waste and garbage. Fashion house Chanel’s application to get its iconic perfume Chanel No. 5 trademarked was rejected as it was the essence of the product. The first scent mark to be granted in the US was for a “high impact, fresh, floral fragrance reminiscent of Plumeria blossoms” for “sewing thread and embroidery yarn.” There were four reasons for trade mark to be granted – (1) no one else in the market was producing scented threads and yarns; (2) the scent was an added feature and was neither functional nor inherent to the goods; (3) the scented feature was advertised and promoted; and (4) consumers had come to associate the goods with the manufacturer. Some other smell marks are Sumitomo Rubb>GET ANSWER