Intellectual Property:trade Mark Infringement - Pharmaceutical Product - Exhaustion Of Rights
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
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.
The claimant acquired the trade mark in the United Kingdom, and later realised that the product was being imported into the UK by certain third parties, including the defendant, and bearing its trade mark. They had not sought the claimant’s consent and the claimant therefore commenced proceedings alleging that the defendants were illegally impinging on its market and as a result, they were causing the claimant ‘harm’. The claimant applied for summary judgment.
Read More..>>What Is U.s. Copyright Law?
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Read More..>>Intellectual Property: Trade Marks - Goodwill
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
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.
Read More..>>New York Real Estate Lawyers
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
A New York real estate lawyer practices in accordance with New York law. A New York real estate lawyer handles purchases and sales of condominium apartments, co-operative apartments and homes, commercial and residential real estate transactions, assignments of sub-leases and leases, and more. A New York real estate lawyer also handles litigation involving real estate with banks, architects, building contractors, insurance companies and landlord-tenant litigation. A real estate lawyer handles building and remodeling agreements, and works to settle disputes regarding budget, materials, craftsmanship and other issues.
Read More..>>How To Protect Your Business With A Patent
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
A patent is a set of ownership rights given by a state to investors so that they have the exclusive rights to make, use and sell their own invention. Patents are given so as to prevent others from making, selling or importing the same invention.
The inventor is called the patentee and he also has to comply with other laws and regulations to use his own invention. He can only market or sell his product under regulatory approval. If his product or design is an improvement of a product that is already there in the market he has to first get license from the owner of the earlier broader patent covering the same type of product. The owner of the improved product can also have the right to exclude the patent owner from using the improvement.
Read More..>>Wanted Qualified Boating Accident Attorneys
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
If you are someone who loves adventure on the water, then boating can be a great sport for you. Boating involves many fun-filled activities because it allows you to navigate lakes, rivers, canals and even open oceans.
Boating activities are a great way to spend a weekend with friends and loved ones. However, the fun ends when you meet accidents along the way. Boating accidents can be a terrible tragedy. The sad thing is that, many people underestimate the eventuality of a boating accident. Many of these accidents catches the persons involved, unawares, even the one who caused it.
Read More..>>If Credit-freeze Protects Against Identity Theft, Why Do Eleven States Still Not Allow It?
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
Eleven states including Alabama, Alaska, Arizona, Georgia, Idaho, Iowa, Michigan, Missouri, Oregon, South Carolina and Virginia still don’t have credit-freeze laws. A credit-freeze is no more than the ability for you to put a temporary freeze on your credit report, locking out the criminals, and putting you in charge. Businesses don’t like it, but you should. Here’s why…
Identity Theft is No Joke
Read More..>>Disallowing Your Dog To Become A Public Nuisance
Posted on March 31, 2008 - Filed Under Legal and Law | Leave a Comment
Have your kid been pleading you for a pet dog?
Before deciding on this matter, see the situation of your family and household first. Your kid might be ready to have a four-footed playmate, but is she or he ready of the responsibility it entails?
Make considerable assessments of your situations first. Alike many other important decisions in the family, deciding on adopting a dog must be made carefully.
Having a dog to adopt in the household is a vital commitment. This serious responsibility may continue for quite a long time, several years, to be a bit exact.
Read More..>>Internet Law In 2007
Posted on March 30, 2008 - Filed Under Home and Family, Legal and Law | Leave a Comment
As we start off the 2007 year, many in the web community probably have questions about what developments we can expect in web law in 2007. Well, the issues already appear to be coming together.
Internet Law in 2007
The beauty of the web is it is still a relatively new communication platform and is evolving on a daily basis. From a legal standpoint, this raises all kinds of issues and problems. The law prefers stability. It is also generally slow to react to new issues. Since the net is evolving on a daily basis, this puts the legal issues regarding it in some what of a time warp. Simply put, the law is a couple years behind on issues such as phishing, privacy and so on. Still, 2007 is cranking up to be an interesting year.
Read More..>>Replacement Birth Certificates - How To Get A Copy Of Your Lost, Stolen Or Misplaced Birth Records
Posted on March 30, 2008 - Filed Under Legal and Law | Leave a Comment
The US Census Bureau reports that they regularly get requests for birth certificate from citizens who do not know that getting their birth records can be a lot closer to home, such as their own state, or even their own community.
However, there is no centralized federal repository of birth records in the United States. Instead, each state maintains its own records either at the state Health Department or Bureau of Vital Statistics (often a division of the Health Department).
Read More..>>