Students Of Success

Distinctiveness in trademarks provides that any sign or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. These may include, in particular, personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs. Andrew Inglis, Olswang defines the distinctiveness in these words,

“…Distinctiveness in relation to trade marks refers to the capacity of the mark to distinguish the goods or services of its proprietor from the goods and services of others. The more distinctive a mark, the more likely it will be that broad rights attach to it…”

Capable of distinguishing The capacity to distinguish goods or services is fundamental to the concept of a trade mark. Invented words and devices are generally capable of performing that function but there are some that are not either because thy are devoid of distinctive character, they consist of signs or indications that designate the kind, quality, quantity, intended purpose and so on of the goods or services concerned or because they have become customary in the current language or bona fide and established practices of the trade. However, even some of those marks of that kind can in time acquire distinctiveness through sales and advertising. The level of distinctiveness required for a distinguishing guise is higher than for a ordinary mark, therefore, there are fewer of them.

Acquiring distinctiveness To acquire distinctiveness in trademark, the applicant’ trademarks must not devoid of any distinctive as mentioned in the clause (b) of the subsection (1) of section 14 of Trade Marks Ordinance, 2001 is related with absolute grounds for refusal of registration, “…trade marks which are devoid of any distinctive character;…” Trade Marks which are devoid of any Distinctive Character in British Sugar Plc v James Robertson’s and Sons Ltd Jacob J suggested that a trade mark that is devoid of any distinctive character is the sort which cannot do the job of distinguishing without first educating the public that it is a trade mark. In this context, the Court of First Instance

observed in Baby-Dry1, that the distinctive character of a sign must be assessed in relation to the goods or services in respect of which registration is claimed. The subsection 1 of section 15 of trademark Ordinance 2001 has laid down considerations for any tribunal to decide on distinctive character of trademarks, “… A trade mark may be limited wholly or in part to one or more specified colours, and any such limitation shall be taken into consideration by any tribunal having to decide on the distinctive character of the trade mark…” The section 17 of Trade Mark Ordinance, 2001 provides that a trademark is a detrimental to the distinctive character shall not be registered. The Section 84(2) reading with section 2 of THIRD SCHEDULE of trade Mark Ordinance 2001 deals with use of a domain name shall be taken as source identifier if it is used on Internet to distinguish goods or services of one undertaking from the other provided that use of a domain name as a mere distinctive reference. A mark, which is inherently not distinctive Exception to clause (b), (c) or (d) of Section 14 of trademarks Ordinance 2001

“… provided that a trade mark shall not be refused registration by virtue of clause (b), (c) or (d) if, before the date of application for registration, it has, in fact, acquired a distinctive character as a result of the use made of it or is a well known trade mark…”

The Inherent distinctiveness of all the trademarks resulted in part from its statutory right. A mark not distinctive (e.g. descriptive) may acquire distinctiveness through use.

The distinctiveness of Trade Marks as a series The clause (c) of subsection 3 of section 20 of trade Mark Ordinance, 2001 other matter of a non-distinctive character added as part of trade mark series, if any, shall not affect the identity and distinctiveness of the trade marks, provided non-distinctive character which does not substantially affect the identity of the trade mark.

The affect of lose of distinctiveness The subsection 2 of section 73 of trade Mark Ordinance, 2001 for the purposes of the registration of a Trade Mark may be revoked, if use of a trade mark shall include use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered.

A new interpretation of the distinctiveness of a Trade Mark Many national authorities that symbol comprising two non-distinctive words were non-distinctive and ineligible for registration. The BABY-DRY 1 judgment seemed to change this interpretation.

It was the view that an assessment of distinctiveness must consider whether the word combination in question is understood in ordinary-language use as a normal way to refer to the goods in question or represents their essential characteristics in common parlance.

Conclusion A trade mark shall not be registered unless it contains or consists of at distinctiveness, the name of a company, individual, or firm, represented in a special or particular manner; one or more invented distinctive words; one or more words having no direct reference to the distinct character or quality of the goods, and not being according to its ordinary signification, a geographical name or surname or the name of a sect, caste or tribe in Pakistan; any other distinctive mark, provided that a name, signature, or any word, other than such as fall within the descriptions in the above clauses, shall not be registered except upon evidence of its distinctiveness.

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan” in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence’.

Author can be contacted by adil.waseem@lawyer.com.

All lawyers in New York are required to pass a bar exam that includes multiple-choice questions and essay questions. On passing the bar, one must apply to the Appellate Court to seek entry to the Bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. It is essential for a New York-based lawyer to be familiar with the Disciplinary Rule of the Code of Professional Responsibility. According to the New York law, a lawyer who deliberately participates in or conducts false, perjured or fraudulent testimony is subject to Discipline Rule. Every lawyer has the duty to maintain the honor and integrity of his profession.

There are many lawyers in New York. Some lawyers specialize in a single type of law or in one particular category, whereas other lawyers handle a wide range of cases like personal injury cases, bankruptcy cases, real estate cases, insurance cases, family cases (adoption, divorce, alimony) and many more. It is the duty of a New York lawyer to represent his clients zealously, ethically and with due respect to the law. In a state like New York, it might be very difficult for a person to find a lawyer who is devoted to a client’s needs and works in an ethical and respectful manner. The easiest way to find a lawyer is to get a reference from family and friends, or search the Yellow Pages or an online directory, or contact the Bar Association of New York. As per the New York City Bar, if a person consults a lawyer because he or his family member is injured, there is no consultation fee.

According to a survey, the topmost law firms in New York are Wachtell, Lipton, Rosen and Katz, Cravath, Swaine and Moore, and Sullivan and Cromwell.

Grab that rookie….or not….

When drafting for your fantasy football league, the thought always comes up….whether or not to draft that high-ranking rookie. You know the one. The one that has all the potential to be a breakout star.

I’ll give you some food for thought if you’re considering picking one of these “can’t miss kids” up for your team. Hesitate.

Normally the highest draft picks, no matter how good they may have been in college, and no matter how good they may be in the pros, get drafted by the worst teams. That right there is enough for me to balk at selecting them. If it’s a running back you covet, think about whether that team has the offensive lne to open holes for him. Think about the quarterback- is he good enough to spread the field and prevent teams from “stacking the box” against the run?

Another thing to think about is “hitting the wall”. If given the chance to step right in and start, the production of rookie players drops dramatically as the long season wears on them. Again, not a good scenario, especially when you consider that the end of the year is where you’ll need production the most.

If you’re playing in a keeper league, then rookies are a good idea for your future, especially if you know that the team that drafted that player is adament about building a quality team around them. Otherwise, I’d personally let the next guy draft him.

Draft strategy scenarios

Everybody has their favorite draft day strategy when it comes to picking the next fantasy football league champ. I’ll review a couple here, and go over a few pros and cons.

First up is the RB first strategy. This strategy hordes a quality RB with your first pick, and second if your draft allows. The idea here is that RB’s suffer a much more dramatic loss of production as you go down the list. Not so for, say, Quarterbacks. Their production is tied more closely to each other, meaning a QB drafting in the first round of your draft, theoretically, will not do much greater than a QB drafted in the third round. Obviously, there are arguments to be made. Peyton Manning is a good example (season of ‘04) of this.

The best athlete strategy states that you draft the best player available, regardless of position. This can seem like a real good strategy, but watch out when you try to fill position holes later in the draft. You stand a good chance of a very unbalanced team.

The starting team strategy dwells in the wisdom that you pay close attention to your starting lineup- fielding and drafting the best players at every position. While this is definately a good way to go, watch out for your bench. Remember, you will need them during the season, so having the cupboard empty is not good. In other words, if you hav ethe chance to grab a very good WR, and your strategy says it’s Tight End time, by all means grab the WR for your bench.

Some other notes: Tight End is another feast of famine position. There usually are four or five good tight ends, and not much else. Also keep in mind the type of offense a team runs. Some never hit the TE, and don’t see them as much more than a blocking force.
Rob Moore operates HIWAY-play.com, a site featuring fantasy sports reviews, and where many great folks play online games free

Although you won’t find “loss of job” listed in Washington state’s DUI laws, a drunk driving arrest can have a devastating impact upon your continued employment. If you need to drive to get to work, or you must drive to do your job, a DUI arrest in Washington state sets in motion two ways you can suffer due to loss of your license:

(1) administratively at the hands of the Department of Licensing

(2) by court action if you are subsequently convicted of DUI.

In Washington state, when a breath test was taken and the result was .08 or higher, the Department of Licensing will seek to administratively suspend your license even if you are not charged with the crime of DUI. In most cases you will be eligible to apply for a temporary restricted license but only after you have served thirty days of the suspension. (You must wait at least 90 days to apply for a temporary restricted license if you have refused the breath test.) Thus, if your job absolutely depends upon driving, a DUI arrest can make you unable to perform your job for a minimum of thirty days.

IF you survive the thirty days of absolute suspension, you are then eligible for a temporary restricted license which will permit you to drive to and from work for the remaining sixty days of the ninety day license suspension. Be advised that your employer must sign the tempoorary restricted license application, and some employers will fire an employee who has had a license suspension if the job involves driving a company vehicle.

An additional complication arises if your job requires you to drive company cars or if you transport potential clients in your vehicle. As a condition of granting a temporary restricted license after a DUI arrest, the Washington state Department of Licensing requires proof that an ignition interlock device is installed in your vehicle. An ignition interlock device is a breath testing machine attached to your car’s ignition that you must blow into every time you start the vehicle and also periodically while driving the vehicle.

The car won’t start if alcohol is present, and the horn will honk and lights flash if alcohol is detected while driving. The job implications of this in-car breath test device are ominous: Not many employers want ignition interlock devices installed in company cars, and few potential clients are impressed by a sales person who is required to drive an ignition interlocked vehicle. This is a disastrous situation for sales persons such as real estate agents.

Beyond this, individuals who must travel for business and then who must rent cars at destination sales locations will be unable to rent cars during the time an ignition interlock is required, thus impacting the ability to travel for business. At present, no car rental agencies are known to have ignition interlock equipped vehicles in their fleets.
All of the above applies where a license suspension was administratively imposed by the Washington State Department of Licensing. It gets worse if there is a DUI conviction, even if the driver previously had a clean record.

Even with no prior record, up to a year in jail can be imposed and if the breath test was refused, a two-year license revocation is imposed. Then, the ignition interlock requirement exists for one year after the suspension has been served.

If there is a prior DUI offense within seven years of the date of the arrest for the current incident, things get much worse if your job requires interstate travel. New Washington state DUI legislation requires such a person to obtain permission from the Department of Corrections before traveling interstate. The application process takes time and will greatly impede or even prevent interstate business travel.

There are some careers that will be jeopardized by a DUI arrest or conviction for reasons other than loss of the ability to drive. Corporate officers, public figures, sports figures or employees with security clearances or those in sensitive positions may find, if the matter comes to the attention of the media, that the impact of the resultant adverse publicity is more damaging to the career than the actual “legal” consequences of a DUI. The author of this article has represented individuals so situated. Such cases must be defended well and handled carefully, with the objective of preserving the career while minimizing potential legal consequences.

Jon Scott Fox is a partner in the Bellevue, Washington firm of Fox Bowman Duarte. With over eighty years combined legal experience, this firm has gained a national reputation for excellence in DUI defense. Mr. Fox has over twenty-three years defending DUI charges and is the author of Washington’s first webpage on the subject:
DUIdefense.

This article gives an outline of the legal requirements involved in the probate process. Probate is the judicial process whereby property of a dead person is transferred according to either the decedent’s will or laws of intestate succession.

Once a person dies, probate is to be undertaken so that his properties are transferred to other people. If there is a will, its authenticity should be proved in court and the will validated by the court. The death certificate and the will should be presented to the court with prescribed fees, for review and appointment of the personal representative to handle the will. The application must be signed by the applicant in the presence of a notary public.

The court should be convinced that the decedent was of sound mental capability when he wrote the will, that the will is up to date and that it was written without any pressure and in front of witnesses. It should also be convinced that there was no foul play in the process.

The probate court will appoint a will executor [if there is a will] or an estate administrator [if there is no will], and oversee all his/her functions to ascertain that everything goes on in the right direction.

If the decedent was in debts at the time of death, his creditors need to be given sufficient time from the date of notice of probate so that they can file a claim and get back the money owed by the decedent.

Concerning his assets, all of them are not required to undergo probate, for instance, jointly owned houses, land, bank deposits or anything with provision for a successor or beneficiary. Assets below a state specified value are also exempt from probate. This limit differs from state to state.

The court will charge fees for the administration of probate. The actual fees will depend on the volume of work to be done. In general, the fees come to around 5% of the appraised value of the total properties.

The probate law centers around the following aspects: Once the probate case is admitted, decedent’s property is inventoried. Any debts and taxes are paid. The remaining property is disbursed to the decedent’s heirs and beneficiaries, either as instructed in the will, or according to the intestacy laws of the state.

The laws make the probate a straight forward process so that the property reaches the right people.

Probate provides detailed information about probate, how to avoid probate, probate court, probate law and more. Probate is the sister site of Free Last Will And Testament Packages.

Man’s best friend can be man’s worst enemy. Statistics show dog attacks have accounted for more than 300 dog-bite related deaths in the United States from the period of 1979 through 1996. Most of these victims were children. And someone seeks medical attention every forty seconds because of this bites.

There are 800,000 approximate bites encountered every year in the US that needs medical treatment and again most of the victims are children. Almost $165 million is spent treating dog bites and 70% of dog bites occur on the owner’s property.

In most cases like this, the dog’s owner is required to pay for the damages caused by his pet’s attack. However, there may be times when the dog’s “keeper” may be held liable at the time of the attack. The landlord too may have culpability for an attack of his tenant’s dog in limited circumstances.

The medical expenses that will be incurred due to dog bites is very high particularly with regards to scarring injuries. Scars can be a serious, life-long result of a dog bite. Children, because of their size, are particularly susceptible to bites around the head and face. Scarring injuries not only cause physical problems, but can also cause long term emotional trauma, requiring a significant amount of psychological counseling.

The liabilities that are to be shouldered by owner (or in some cases, the keeper or landlord) due to the animal’s bite will include all past and future medical expenses. All past lost wages as well as future loss of earning capacity. Also, past and future pain and mental suffering of the victim will have to be compensated by the animal’s owner. Property damages and damages for all scarring are also included.

Dog bites are a common form of injury which can have serious outcomes that include permanent disfigurement and psychological trauma. It may even result to death. Precautions need to be undertaken since even the gentlest of dogs are known to bite without warning.

A dog bite victim may incur many different kinds of damages and losses, from medical bills and emotional damage, to loss of the opportunity to earn income in the future because of disfigurement. A victim may be entitled to recover these losses from another person and that person’s insurance company, provided that the victim presents the necessary proof, first to the insurance company and then possibly in a court of law.

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