Who is benefitting from our current funding system? Will students rebel against it? Will their teachers dare speak against it? Will our political leaders fix it? Is any help on the way? Note Brooks' summary of another Cass position:
Prior to 1987, ETS undertook the development of a reading program that would encourage children to read and help them select books to their liking. In 1987, ETS introduced a computer-based reading program bearing the trademark BOOKWHIZ. In 1989, ETS obtained federal trademark registration for BOOKWHIZ and BOOKWHIZ and design.[1]
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The primary distinction between the two products is the way in which the products are used. At oral argument on May 11, 1990, a demonstration of the two products was given. BOOKWHIZ simulates a computer game by asking the reader a series of questions designed to identify the reader's interests. The user answers the questions by choosing among computer-generated, multiple choice answers. Through this series of questions and answers, the user "writes" a story that reflects his or her interests. At the completion of the story-writing phase, the computer generates a list of book titles that match the user's interests and preferences.[6] The book titles are accompanied by annotations that describe the listed book and suggest other books by the same author or with similar themes that may be of interest to the reader. The program is divided into three categories for different age groups and takes approximately five to ten minutes to complete.
The BOOKWIZE system also begins by helping the student select the types of books he or she would like to read. Presented in a workbook format, the first section of BOOKWIZE poses a number of questions which, if answered in the affirmative, direct the user to a particular category of literature.[7] BOOKWIZE then instructs *852 the reader on choosing a particular book. Specifically, it explains how to skim a book to see if it is to your liking. Once a book has been selected[8] and read by the student, the workbook series helps the student analyze what he has read, helps him use words he has seen for the first time in his reading and helps him write about and discuss the books he has read. BOOKWIZE is also grouped into three levels.
This factor examines "whether the senior user of the mark is likely to enter the market in which the junior user is operating." Centaur Communications, Ltd. v. A/S/M Communications, Inc., 830 F.2d 1217, 1227 (2d Cir.1987). The plaintiff has alleged that it currently plans to expand the BOOKWHIZ program to include additional reading and writing enrichment materials that would include teacher/student activities and classroom projects. This plan, if realized, would bridge whatever gap exists between the plaintiff's reading and the defendant's reading/writing programs. The plaintiff's intention to bridge the gap "helps to establish a future likelihood of confusion as to source." Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 874 (2d Cir.1986).
The final Polaroid factor examines the sophistication of the consumers. The parties apparently agree that the purchasers of the two products, teachers and school administrators, are sophisticated consumers. This fact generally cuts against a finding of likelihood of confusion. See Centaur Communications, Ltd. v. A/S/M Communications, Inc., 830 F.2d 1217, 1228 (2d Cir.1987). When both the products and their trademarks are similar, however, even a sophisticated purchaser may be confused as to source. See McGregor-Doniger Inc. v. Drizzle Inc., 599 F.2d 1126, 1137 (2d Cir.1979). Additionally, the ultimate consumers of the products, schoolchildren, are likely not sophisticated enough to differentiate between the two different manufacturers. Cf. United States v. Hon, 904 F.2d 803, 806 (2d Cir.1990) (confusion analysis includes confusion to non-purchasing public). Thus, we conclude that this factor supports the plaintiff's claim of likelihood of confusion.
[8] This is where the defendant's BROWZER computer program comes into play. After selecting a category of interest, the student could search for book titles with BROWZER by searching book listings grouped by interest area, author, title or book awards.
Isaiah 1: The first five chapters of this book form a sort of preface, introducing the call of the prophet in chapter 6. We note the absence of historical indicators (except for 1:1, of course) in these chapters, in striking contrast with chapters 6 and 7. The purpose of this introductory material, which was surely composed after Isaiah was called, is to provide a critical analysis of the Kingdom of Judah, in order to set that calling in the proper historical context.
James 3:1-12: James begins by warning of the more severe judgment that awaits teachers, who must answer, not only for their own offenses, but also for the conduct of those badly influenced by their teaching. This more severe judgment, warns James, will make a person cautious about becoming a teacher (verse 1; Matthew 5:19; 23:7-8).
Cheryl Dyson, DOL'22, was recently appointed superintendent of Frederick County Public Schools. She plans to use the knowledge and skills gained in Hood's organizational leadership doctoral program to serve students, teachers and staff.
Marty Settle, a retired member of the English Department, has a book of poetry coming out in February called The Teleology of Dunes. It is being published by Main Street Rag. For those interested in purchasing it or pre-ordering it, please click on the following link: -teleology-of-dunes/.
Children at this age are branching out into longer books. Novels can echo their real life experiences, but they can also tell new stories, boosting their imaginations and building their empathy. Books for tweens can be their way of fitting in or standing out. These books can also offer comfort during this time of transition and help them discover who they might grow up to be.
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