Intellectual Property: Design - Spare Parts
In Dyson Ltd v Qualtex [2004], Dyson brought proceedings against the defendant, Qualtex, a manufacturer of vacuum cleaner spare parts, alleging infringement of its unregistered design rights in various spare parts comprising different products. Unregistered design rights are unregistrable intellectual property rights that arise automatically by the operation of law and protect the owners of original designs from, amongst other things, unauthorised copying. The existence of such rights is subject to certain exceptions. Posted by Rosanna Cooper
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Intellectual Property: Patent Infringement
In the case of Agilent Technologies Deutschland GmbH v Waters Ltd (2005), the claimant, the proprietor of a European patent for a pump and control system, brought proceedings against the defendant for patent infringement. The patent is for a pump for delivering solvent under pressure to high-pressure liquid chromatography columns. In particular, the patent relates to the control of the flow rate of the pump by altering the stroke volume and the frequency of reciprocation of the pistons. Posted by Rosanna Cooper
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Intellectual Property: Trade Marks - Goodwill
In Newman Ltd v Adlem (2005), the Court of Appeal held that there was a duty on the seller of a business not to undermine the goodwill attached to that business (if included in the sale) even after the non-competition covenants in the sale agreement had expired. Goodwill is an intangible asset valued according to the advantage or reputation a business has acquired.
Posted by Rosanna Cooper
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Intellectual Property:Trade Mark Infringement - Pharmaceutical Product - Exhaustion of Rights
In the case of Bolton Pharmaceutical Co 100 Limited -v- Swinghope Limited and Others [2005], the claimant was the new owner of a trade mark registered in respect of a pharmaceutical product which was commonly used to treat hypertension. It acquired the product from AZ, another pharmaceutical company, in September 2004, who had previously sold its trade mark rights to a Spanish company. Posted by Rosanna Cooper
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Internet Partnerships - Don't Throw Away Your Business
Many Internet businesses find it profitable to combine their product or services with other e-commerce companies. In doing so, they often fail to realize that they are being exposed to liability under general partnership laws.
Posted by Richard Chapo
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Invention Help... Don't Get Scammed!
Invention help is available for a fee and a signed contract to split the profits. An invention submission company will take care of all the details.
The invention help expert will validate your invention through: Posted by Emmet Press
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Inventor Help: Go Hire a Great Patent Lawyer
Inventors should review hiring a top tier patent attorney, versus filing on their own or even worse doing nothing to protect their most important asset.
Posted by Howard Schwartz
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Is Asset Protection Legal?
Perhaps you've heard of or seen Hollywood's portrayal of Swiss Bank accounts, Offshore Trusts and Corporations, and Tax Havens of the rich and famous as jet setting moguls live mysterious yet excitin... Posted by Floyd Tapia
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Is it a Mistake to Set Up a Revocable Living Trust?
Using a revocable living trust may not be right for you. Maybe you only need a simple will. How do you know? Posted by Phil Craig
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Is it Time to Have Your Estate Plan Reviewed?
Don't violate one of the main rules in estate
planning: whenever there is a major change in your
life situation (a life changing event such as the
death of a close family member) you should (probably
must) review your estate plan to see what changes
are required. Posted by Phil Craig
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Is Paralegal Education Necessary?
The level of education needed to become a paralegal depends the kind of paralegal work desired and the length of a paralegal career. A recent college graduate who wants to be a paralegal to get into law school may not want to seek additional training. A person wishing to become a career paralegal would benefit from the additional training. Posted by Kent Pinkerton
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Is Personal Injury A Need Or A Joke!
Want to claim successful compensation? It's less confusing than you think once you read the 12 "revolutions" of the new 100% Compensation culture. This articles brushes aside the cons and pros and gets you out of the black box. Posted by Mohammad Latif
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I've Been Charged - What Can I Do To Help Myself?
Why me? How could I let this happen? If I could only go back and undo what I did. It is only natural to engage in this thought process when you've been charged with a criminal offence. Such sentiments may be echoing repeatedly in your mind. Posted by Tushar Pain
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I'm Riding a What?... An Intellectual Property Attorney's Guide To Patents and Surfing
Intellectual property is everywhere, and encompasses, among other things, the areas of patents, trademarks, copyrights, and trade secrets. As an industry, surfing represents a significant market that... Posted by Thomas A. Hatfield
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Joint Copyright Issues – When You Work With Someone Else
In general, when the shutter on a camera is tripped to make a photo, the photographer who pressed the button owns the copyright. But photographers often work with others when making their photographs, such as the art director, stylist, assistant or even the Photoshop editor. So does that person get to share with the photographer the copyright of the photograph? Be careful, or you may have to share the rights to that photo! Posted by Carolyn Wright
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Joint Tenancy: How Not to Avoid Probate!
How to avoid probate. We hear about it in magazines and papers all the time. There are good ways and bad ways. Learn one of the worst ways and why: Joint Tenancy. Posted by Phil Craig
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Know Your Rights and Limitations When You Fly
Photographers often travel with a lot of gear. The trick is to get it through security and on the plane. To make your trip go more smoothly, know your rights and limitations when you fly. Posted by Carolyn Wright
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Know Your Rights and Limitations When You Photograph Property
In general, if property is visible and can be photographed from a public place, you don't need a property release to use the image in any manner. Nevertheless, some companies have tried to prevent the use – both commercially and editorially – of photographs of their buildings or objects via trademark protection or contract law. Don't be intimidated from photographing what is within your legal rights. Posted by Carolyn Wright
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Land Grab Law LRAU in Spain
Much has been written in the media about the LRAU or Land Grab Act in the
Valencian region of Spain where innocent people find that they can loose their land
which can include whole gardens and swiming pools due to an abuse of a
government law that allows developers to compulsory purchase land that they say is
needed for building projects. What can be done about it? Posted by Karen Milacic
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Lariam Side Effects Attorney
By all accounts, malaria is a dangerous, sometimes deadly disease, with no surefire cure. However, considering the deaths and debilitations that have resulted as a result of the drug Lariam (mefloquine), doctors are wondering whether the cure is worse than the illness itself. After four military men on Lariam murdered their wives at Fort Bragg, even the military is getting involved. What are the pros and cons of the Lariam side effects and why is it still so widely used? Posted by Anna Henningsgaard
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Law School Accreditation
Law schools generally fall into three catagories of accreditation, American Bar Association (ABA) accredited, state accredited or unaccredited.
Posted by David Hallstrom
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Law School Course Outline for Employment Discrimination Law
This outline is approximately 60 pages long and can be found at http://riskmgmt.biz/cle.htm The topics include protecting employees from status discrimination, Proving Individual Disparate Treatment, Proving Systemic Disparate Treatment, Proving Unjustified Disparate Impact (DI),Establishing BUSINESS NECESSITY (BN), race discrimination under the Civil Rights Act, the status of seniority under Title VII, affirmative action, age discrimination, and many others. Posted by Dr. Michael A. S. Guth
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Law School Students Often Say They Want to Help People
I recently started taking a survey as I travel what is left of our nation from the over letigiousness terrorist attacks from lawyers; I ask students in coffee shops studying law why they want to be a lawyer. They have to reasons; One, to make money and two, to help people... Posted by Lance Winslow
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Law School Torts II Course Outline
This law school course outline covers the second semester course in Torts with topics including vicarious liability, scope of employment, independent contractors, defamation, strict liability, products liability, warranty, economic harm, nuisance, remedies, public figures, interference with prospective economic advantage, and many others. Posted by Dr. Michael A. S. Guth
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Lawsuit Anatomy
Anatomy of a Lawsuit Learning the anatomy of civil lawsuits is as easy as spelling "CAT". Complaint - Answer - Trial It's as simple as that! Master this simple truth and you will soon be operating su... Posted by Frederick Graves
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Lawsuit Funding
In the past six or seven years a new fast growing financial product for personal injury plaintiffs has emerged. Known by many names such as lawsuit funding, legal funding, litigation funding, pre-settlement funding, lawsuit advance, case funding and many other variations, this product offers financial help to plaintiffs waiting for a settlement, where there was none available before. Posted by Wayne Walker
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Lawsuit Loan. A New Funding Product
Lawsuit loan funding is a relatively unknown funding product.A cash advance for a plaintiff in the middle of a lawsuit can help the plaintiff see the case through. A unique feature about lawsuit financing is that you only pay it back if you win.
Posted by Fred Coutts
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Lawsuit Loans
Lawsuit Loans which are also known as pre settlement cash advances allow a financially strapped plaintiff to access a portion of their future legal settlement to pay today's necessary living expenses... Posted by Wensley McKenney
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Lawyer Advice - How To Find And Seek Legal Advice From A Lawyer
Here's a little guide for people who have no prior experience in seeking legal advice. Posted by Justin Koh
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Learn About the Awful Truth and the Hard Facts About Drunk Driving Accidents
One minute your in the bar, having a couple of laughs with someone you just met. The flirting rises as both of you chug down your drinks. As you drink more, you become bolder, so is the other person.. Posted by Michael Sanford
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