Archive for the ‘Trademarks’ Category

How to Guarantee Your Life by Yourself

Thursday, July 29th, 2010

So many people now might be aware of the cheap California insurance. This kind of thing surely becomes one of the most useful things for people who are really willing to get the best future for their hard times. Not all of the people, however, are aware about what actually that kind of thing is. It is because the stereotype of that kind of thing that somehow is judged with the luxurious thing. In fact, all of the people from all of the level are able to join that kind of thing as the guarantee of their lives to get the better life in the future.

However, if you are happened to be really interested in joining this kind of thing, then you have to think so many considerations before you start joining that kind of thing. If you are happened to see the Californians auto ins guide , you will be able to guide so many guides and tips about what should do in joining this kind of thing at the first time. This kind of thing surely will help you to get the view of what you are going to do if you have received the total service from this kind of thing.

After you are getting much information about that kind of thing, then what you need to do next is deciding whether you really need to do more to get your best future. Since this kind of thing only help you in some period of time, so that you have to figure out the other way to make your life better than before. You are able to do so many kinds of thing as the best preparation for something that might be really unpredictable. One thing that you are suggested to do in dealing with this kind of thing is surely by using the CA policy video as well as possible.

Complaint for Customer Right

Saturday, July 10th, 2010

The customer or consumer right nowadays becomes one important thing that is spotted by many people all over the world. There are so many regulations as well as service that will help people protecting their right, so that they can have better products or services from the companies that produce or provide them. Besides the better products and services, with the regulation of the consumer right, people will be able to claim if something bad or wrong happens to them because of the product or services.

Moreover, this becomes even greater advantage that people can get, since they can give complaint regarding many types of scams that happen to them because of the companies frauds. With this complaint of scam, such as money scam, people will be able to share their problem to other people that care for them to get their right back.

The service that supports people to be able to give complain to so many companies scams is also available in the internet nowadays. People can submit their complaint and the service from the site in the internet will notify the company to give settlement payment for the customer in complaint. If the company ignore or even reject the complaints, they will probably have the possibility to face the court.

Clamping Down on the Use of Trademarks as Key Words

Tuesday, June 29th, 2010

When Internet users search online for information, they use search engines like Yahoo, Google, and MSN. Because some page owners have paid for some of its links to the search engine websites and the links come up whenever the website owners results appear as a search result, there have recently been conflicts between the owners of trademarks and some third parties. Efforts are being made to clamp down and contain the unauthorized utilization and misappropriation of trademarks and other intellectual property items when it comes to Internet search related issues.

In one such trademark conflict, J.S. Wentworth complained that Peachtree Settlement Funding infringed the trademarks JG WENTWORTH and J.G.WENTWORTH. The Defendant had used these trademarks as keywords and had paid to have links appear to its own website immediately proximate to the link to Plaintiff’s website on the search-results screen each time a user of the Internet searched the Google engine for J.G. Wentworth or JG Wentworth.

Because Peachtree Settlement Funding and J.G. Wentworth are competitors in the field of structured settlements, Plaintiff claimed that Defendant had stolen potential customers and diluted the effectiveness of its various trademarks, and that this caused a subtantial profit loss for the plaintiff. Defendant Peachtree moved to have the complaint dismissed.

The court acknowledged two important operative issues:
1. Whether Defendant used the trademark as keywords in the Google AdWords advertising program under the Trademark Acts use in commerce. Owner of a trademark establishes rights through the use of the trademark in public marketplace.
2. Whether the use of the Plaintiff’s trademark infringed trademark rights provided for in the Act because it had a good chance of confusing the consumer.

On whether the trademark was used in commerce, Defendant argued that the trademarks use was not for the public to see, and was not meant to be associated to Peachtree Settlement Funding, only an analog to the users personal response to a trademark. Defendant claimed it was not used in commerce in connection with the sale of goods or services to confuse consumers. Disagreeing, the court decided that Defendants use of the trademarks as keywords in their Google AdWords links, designed to draw internet users, constituted use in commerce under the Act.

Regarding infringement, however, Defendant argued that using the J.G. WENTWORTH trademarks as keywords was not likely to confuse the consumer. Here the court agreed, and stated [a]t no point are potential consumers taken by a search engine to defendants website…the links to defendants website always appear as independent and distinct links on the search result pages. There was also no accusation that the Defendants ads and links that used the Plaintiffs were in any way discernable to [I]nternet users and potential customers, and that [d]ue to the separate and distinct nature of the links created on any of the search results pages in question, potential customers have no opportunity to confuse defendants services, goods, advertisements, links or websites for those of plaintiff. The court then decided that the use of Plaintiffs trademarks was not trademark infringement under the Trademark Act and the court dismissed the complaint.

The J.G. Wentworth v. Settlement Funding case confirms that it is not copyright infringement to use other companies trademarks in their online advertising keywords, in the opinion of this Pennsilvania court. Similar decisions have been made by other courts as well, including California, New York, and Virginia, and the Second Court of Appeals.

However, its important also that online advertisers such as Google AdWords and the trademark owners be aware that the issues of trademark infringement on these ads has not been resolved nationwide. Some courts have decided that purchase of a keyword does constitute use in commerce, and some have not reached a conclusion regarding the question of likelihood of consumer confusion. Other courts, such as New Jersey, California, Georgia, Minnesota, and the ninth Circuit Court of Appeals, have focused on the facts at trials instead of addressing the issues of use in commerce.

In general, however, the courts seem to side with the advertisers who use the keywords rather than the owners of trademarks, although it may be a while before the issue is fully resolved.

Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet.
Find out how our lawyers can help you at http://www.masudco.com.

Who Can Claim Unfair Dismissal?

Thursday, June 17th, 2010

If you have been dismissed from your employment you may be able to claim unfair dismissal. Unfair dismissal is a legal term which applies to a dismissal from employment which is deemed by an employment tribunal to be unfair.

Unfair dismissal is a right which comes from the Employment Rights Act 1996. It is therefore a statutory right. It can only be claimed in an employment tribunal and not in a court.

Employment tribunals are very similar to courts but theoretically they have more relaxed rules on procedure and in relation to evidence. I say in theory because in some areas tribunals are just as strict when it comes to following the rules in relation to evidence.

So who can claim unfair dismissal? There are certain criteria that must be met.

The first is that you must have been an employee. Being a worker such as an agency worker or being self-employed is not enough.

The second is that you must have at least one year’s continuous service. There are some exceptions to this rule. If you have been dismissed for such things as your trade union activities, performing health and safety duties or whistle blowing you may be able to make a claim in your first year of service. This list is not exhaustive but these are the most common exceptions.

The third is that you need to have been dismissed. This can be with or without notice from your employer. It can also include a situation where you are forced to resign because your employer has breached a major term of your contract, for example where your employer breaches the implied term of trust and confidence.

If you meet the above criteria then you may be able to bring a claim for unfair dismissal. Whether or not your dismissal was fair depends on the reason for the dismissal, whether the statutory dismissal procedure was followed and whether a generally fair procedure was followed.

For your employer to fairly dismiss you it first must show that the reason for the dismissal was a potentially fair reason under the Employment Rights Act 1996. The most common potentially fair reasons are (mis)conduct, capability (either a lack of skills or ill health making you incapable) and redundancy.

Even if your employer can show that it has dismissed for a potentially fair reason then it must still show that it has followed the statutory dismissal procedure. To comply with this it must write to you giving you the reasons why it contemplates dismissing you and invite you to a meeting discuss the situation. It must give you adequate time to prepare for the meeting and give you all the information it will be relying on at the meeting. At the meeting it must listen to your representations. It should make a decision following the meeting and confirm it in writing. If the decision is taken to dismiss you then you should be given a right of appeal. If you do appeal your employer should hold an appeal meeting and following the meeting it should confirm the outcome in writing. If this procedure is not followed the dismissal will be automatically unfair.

Finally your employer must follow a fair procedure. What amounts to a fair procedure depends on the circumstances of the case. So for example if you have been dismissed for misconduct then your employer needs to have fully investigated the situation, let you know what they have found out during the investigation, given you an opportunity to have your say at the disciplinary meeting and considered whether in the circumstances it would be fair to dismiss you. A failure to follow a fair procedure may result in a finding of unfair dismissal.

If you do succeed you may be able to claim re-instatement or re-engagement and you can claim compensation. You will be able to get a basic award which is compensation for being unfairly dismissed plus you can claim your loss of earnings if you have not got another job or you have got another job but it pays less. There is a cap on the amount of compensation that can be claimed in the employment tribunal in unfair dismissal cases. The cap is GBP60,000 at the moment. Few people reach the cap though. In fact the average amount of compensation awarded in unfair dismissal claims is only about GBP9,000.

Shelley Green is the owner of http://www.knowyourights-click.co.uk, a site that specialises in Law. The idea behind this site is to help individuals with their legal problems.

Marketing Through Blogs Presents New Legal Risks

Wednesday, May 19th, 2010

In recent times blogs have taken on new meaning on the Internet and World Wide Web. Once considered nothing more than rather offbeat diaries, blogs have become major marketing tools at the present point in time. In fact, today millions of consumers from all walks of life and from all over the globe are turning to blogs to get information and advice about different products and services.

As blogs have become more potent marketing and promotional forces, various legal issues have arisen that warrant close consideration. There are two main concerns in this regard when it comes to blogs and blogging.

First, there is a concern about the inadvertent leak of trade secret information through a blog. Second, there is a concern about the potential for false or deceptive advertising claims that might arise from blogs and through blogging.

Never disclose Confidential Information on a blog.
There remains a good deal of debate over the true value of a blog when it comes to marketing and advertising. There is a debate over the return on the investment in blogging.

Nonetheless, many businesses are going so far as to encourage their own employees to blog about the products or services offered by these businesses. In such circumstances, it really becomes of paramount concern that the blogging employee does not disclose too much information about a business and its products or services.

An eager blogger could end up revealing confidential information about a business, including vital trade secrets. When this happens, this proprietary information can end up being used by the competition. For this reason, it is vitally important that a blogging employee understand specifically the limitations as to what can and should be revealed through the blogging process.

When any blog or blogger is supported or encouraged by a particular business enterprise or employer it has the very real potential of being considered advertising. With this noted, however, at the present time it is still not entirely clear when a blor or blogger will be subjected to the more traditional advertising and marketing laws, including laws pertaining to disclosure.

Assuming for the moment that a blog in fact is created or supported by a company and intended for marketing purposes, it can be more safely assumed that at least in theory the more traditional marketing laws will apply. The blog could end up being looked at like any other advertisement and false statements could be deemed as being false advertising and hence illegal. On the other hand, First Amendment free speech issues also enter into the mix because of the underlying nature of blogging.

The reality is that the First Amendment does apply more to individual speech than it does to so-called commercial speech. In other words, an individual citizen has more leeway in expressing his or her opinions that does a paid endorser.

With that noted, the more a blog veers towards becoming the purveyor of a commercial message or communication, the more likely it will be subjected to legal scrutiny and the application of the more traditional laws pertaining to advertisement, marketing and promotional claims.

There are couple of fundamental considerations that come into play when attempting to determine whether or not a blog is commercial in nature. One key issue is whether or not the blogger is compensated by the company or business in question for creating the blog in the first instance. If the blogger in fact is paid, that blogger might be treated in the same was a paid endorser.

The Federal Trade Commission or FTC has guidelines pertaining to what a paid endorser can and cannot, should and should not do. These guidelines can be found online at http://www.ftc.gov/bcp/guides/endorse.htm.

In addition, the Word of Mouth Advertising Association (WOMMA) has a useful ethical guide that can be helpful to a blogger. Finally, a growing number of bloggers are posting disclaimers notifying the viewer that the person is being compensated for creating and maintaining the blog.

Even with disclaimers and even by taking other similar steps, there are gray areas, including whether an employee that creates a blog on his or her own time without receiving additional compensation, or a blogger who receives free product, meets the criteria of receiving compensation. There is now some significant movement in the direction of requiring the blogger to make full disclosure of such a relationship.

Another relevant issues pertains to whether the company has any control over the content of the blog itself. For example, a business that has employees who are encouraged to create blogs could be stuck in a proverbial no-man’s land when it comes to laws governing advertisement and their application to that particular blogging situation. If a company does exercise control, it is more likely to be held responsible and liable for acts of copyright infringement, trademark infringement and false advertising committed by the blog operator through the course of the blogging process.

Presently, there are no definitive solutions on how to deal with company bloggers. One course that some businesses are taking is providing their blogging employees with education and training.

In the end, a company likely will want to take care so as not to exercise too much control over a blog By exerting even a minimal amount of control a company may be seen as liable and responsible for the content of any given blog.

Perhaps the most important question for any business is not whether or not to blog but rather how to make blogs work better for a company in the first and in the final analysis. Through this process, legal considerations must be kept well in mind in order to reduce any potential liability that might otherwise befall a business enterprise.

Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet.
Find out how our lawyers can help you at http://www.masudco.com.

The Use of Debt settlement

Tuesday, May 18th, 2010

In the worldwide, there are many people who have debt. In this case, usually they get a debt from many ways, such as from their friends, the family, the relatives, or may from the creditor. Sometimes, they also get a debt from their company where they are working. All of those depend from the person itself whether he or she wants to be in debt to the office or to the others. Beside it, there are many reasons why people get in a debt. There are some people who are in debt because they do not have enough money to buy an equipment or vehicle, or to do something like travelling or etc. Often, they get in debt because they want to rebuild or improve their home. And, as the consequences of the debt, they have to pay or return their debt to the creditor. In fact, often the debtor is careless to pay the debt. Even, there sometimes happens a dispute between the creditor and debtor in the deal of payment. In this case, actually the debtor can use the debt settlement. Debt settlement, also known as debt arbitration or debt negotiation, is an approach that can be used by debtor to reduce the debt on a reduced balance that will be regarded as full payment. This way is depended on the debtor itself. If the debtor does a minimum payment in every month, the creditor will not negotiate a reduced balance. It is because the balance will still continue because the debtor gets late fees, and the debtor is ongoing to do the debt. On the other side, the debtor can ask a help for this problem to the other people. In this case, the debtor can ask a help by using the debt settlement attorneys. The debt settlement attorneys will help the debtor to arrange the own settlement by giving some advices. So, later the debtor does not have any problem in doing the debt settlement.


About Pennsylvania Worker’s Compensation

Sunday, January 31st, 2010

Jobs play an important role in the quality of our lives and the lives of our family members. Work often determines where we live, how much time we can spend with our families and how much money we make. They also require our time, commitment and expertise in return for an income and a certain level of security.

One form of security that a company provides for the people who keep it running is worker’s compensation. Because there are thousands of people injured, and even killed, on the job every year, every state has its own worker’s compensation program. Employers are required to carry some form of compensation insurance, but the requirements they must meet can vary drastically from state to state.

As one of the most industrialized and populated states in the country, Pennsylvania provides a compensation program that affects a large number of workers. People are naturally drawn to the beautiful landscape and booming economy that Pennsylvania offers, but many of the jobs available in the state, such as flying, fishing, farming, truck driving, mining and iron working, fall under the category of the 10 most dangerous occupations. Consequently, learning about the process of claiming adequate Pennsylvania worker’s compensation is wise if you live and work in the state.

Most individuals move smoothly through life without ever encountering catastrophes on the job, but accidents and injuries can occur in even the safest working environments. So employees need to know the steps to take when a potential accident occurs. After obtaining the proper medical attention to treat your injury, make sure that you report the injury and circumstances connected with the event to your employer.

This must be done in a timely manner. Trying to report an injury weeks, months or years after it occurred will not lead to any compensation. An injured worked usually has a couple of days to report any injuries after an accident occurs if they want to be compensated accordingly.

Next to reporting the injury, keeping good records is the second most important step employees can take in acquiring the proper compensation. Try to record information like the time and date of the accident, the events that took place at that time and nature of the injury. Your employer should provide you with a claim form to fill out and he or she should file an accident report as well.

If you encounter any trouble or delays, an attorney can help guide you through the compensation process and work to make sure your rights are protected. Compensation laws can be complicated and subject to change so workers tend to be more successful at obtaining compensation when they enlist the help of attorneys with specialized knowledge in the field.
Hopefully, you and your loved ones will never be injured or killed on the job, but if it ever happens, you will know the first steps to take and there are experienced attorneys nearby to help guide you through the legalities.

Art Gib writes for the law offices of Lenard A. Cohen (http://www.lenardcohen.com/workers-compensation.php), who specialize in Pennsylvania worker’s compensation law.

Sponsor Your Employees for H1B Visas by April 1, 2008!

Saturday, January 30th, 2010

The number of new H-1Bs issued each year in the United States is subject to an annual congressionally-mandated quota. Each H-1B quota applies to a particular Fiscal Year, which begins on October 1. Applications for the upcoming Fiscal Year are accepted beginning on the preceding April 1 (or the first working day after that date).

All employers who are thinking about filing for an H-1B visa, for fiscal year 2009, must do so as early as April 1, 2008; otherwise, they are taking the chance that the quota will run out for 2009. In 2007, The U.S. Citizenship and Immigration Services (”USCIS”) received approximately 120,000 petitions, and the quota of 65,000 petitions (which were randomly selected) was filled on the first date filing was permitted, April 1.

In addition to the 65,000 quota, there is a separate allocation of 20,000 additional H-1B visas for those with a Masters degree or higher, earned at a U.S. university. For the fiscal year 2007, this allocation was filled approximately four weeks after the first permissible date of filing.

The H-1B is the most frequently obtained temporary work visa under the non-immigrant visa category in the United States under the Immigration & Nationality Act, section 101(a)(15)(H), and is available for full-time employment.

The H-1B classification is for “specialty occupations” only, which requires theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum.

If the occupation requires a license to perform the duties of the job, the alien must have that license prior to the approval of the H-1B petition. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

Only “new employment” is covered under the 65,000 H-1B quota. Someone who has received an H-1B within the last six years and applies for another H-1B with a different employer is not subject to the quota. H-1B extensions as well as H-1B petitions by institutions of higher education or related or affiliated nonprofit entities, or nonprofit research organizations, or governmental research organizations are also not counted against the quota.

Below is a list of common errors that cause an H-1B petition to be rejected:

1. Incorrect fees: It is suggested to submit fees in separate checks. This lessens the likelihood of unintentional math errors when calculating the total fees due.

2. Inconsistent and incorrect answers on form I-129 and supplements. Double check the petition for consistency.

3. If your worker is or has been a J-1 worker, note that Part C, #4 of I-129 H-1B Data collection Supplement does not refer to all Js with a waiver of 2 year foreign residency rule (212e). Do not check “yes” unless your worker is a doctor who has been granted a Conrade 30 waiver to work in a medically underserved area.

So, if you’re an employer looking to sponsor an employee for an H-1B visa, do not delay! Contact experienced legal counsel immediately, since it takes several weeks to translate transcripts and have an equivalency evaluation for college and work experience and to prepare all necessary forms.

File the petition by April 1, 2008, and file it correctly. Incorrect applications will not be accepted, and this may prevent or slow down the process of obtaining the H-1B process considerably.

Eli Kantor is an attorney in private practice in Beverly Hills, CA representing employers in all aspects of labor, employment and immigration law. For more information contact Eli at (310) 274-8216 or visit his websites: Sexual Harassment Prevention and Beverly Hills Immigration Law

Where to Reach Out for Worker’s Comp Help in Philly

Friday, January 29th, 2010

Construction and physical labor industry in Philadelphia is quite common vocation for many citizens. With it comes the possible risk of injury and the need for compensation that follows. If the employer cannot foot the lost wages, then a claim for workers compensation can be filed through the state of PA . There is a good deal of claims for workers compensation, and the steps and time frame can be hard and lengthy. The following information will go over some routes in finding more resources regarding Philadelphia workers compensation as well as those in the rest of the state of Pennsylvania.

The Filing Process

So according to the PA Workers’ Compensation Act, almost all employers have to provide workers compensation coverage for their employees, which included even part-time or seasonal work staff. However, there are some who can actually either elect out of workers compensation and there are some workers who may be exempt such as: agricultural workers, volunteers, and casual workers. If you are one of these, and are injured, check to see if your company had submitted any compensation coverage or you can read further to source further help.

In the Pennsylvania government they have the forms with the prefix LIBC. After your employer was notified of the accident a LIBC-500 form is to be claimed. Note that you will want to tell your employer within 21 days of the injury to get the claim rolling. From there it’s up to your employer to report to their insurance who will also report to the appropriate PA bureau in short order. After the form is dropped off with the state bureau, depending on circumstance, you’ll receive notice prompts on what to do. Some of the language can get pretty heavy, and the compensation, if approved, is usually around the 100 dollars per week range. Some workers, depending on the damage and disability they are going through, will decide to litigate for further coverage.

Attorneys and Other Help

In Philadelphia it’s certainly not hard to find those who want to help you when there is money involved. But it also should be a warning to be careful with who you choose as a lawyer if you are hurt and want to litigate for further workers comp. A good source if you are associated with the Union is to contact your local chapter. A chapter’s site may actually have good references and may even have a flow of events for you to follow while referencing a WC claim. They may have someone you can call up for advice. Some attorneys give discounts on fees for union employees.

While looking for an attorney, as a precaution, check with the PA bar association before you obligate yourself to a lawyer. Make sure their practice is of a reputable sort (refer to the first paragraph).

When finding an attorney, try looking them up by location and type of litigation. For instance, if had an auto accident while on the job look under Philadelphia auto accident attorney or lawyer as a search term, or again check with the bar association index.

The author, Art Gib, is a freelance writer. Daniel M. Jaffe (http://www.danjaffelaw.com/) is a Philadelphia construction accident attorney. He has represented individuals for 30 years, giving the individual great legal leverage and personal justice with legitimate litigation cases.

Manufacturing or Delivering a Controlled Substance and Child Custody

Wednesday, January 20th, 2010

Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of drugs, to the more serious, such as participation in the ongoing manufacturing or distributing of drugs. Even minor drug charges, such as drug possession, can be frightening and carry the risk of serious penalties upon conviction. The more serious drug charges, of course, can give rise to even graver consequences. Past drug convictions, the amount of the controlled substance that was found, and the severity of the drug type usually dictate the severity of the charge(s) to be levied. Drugs posing a greater threat to the individual are typically treated with greater legal penalties. In addition to prison time, another significant consequence can be the loss of custody of children in the household.

Issues involving child custody are very complicated especially when one or both of the parents have been charged with a drug offense. Since the issue of child custody is a civil matter, the case will generally be assigned to a family court judge. It is important to note that the case in family court can proceed against a parent even though he/she has not been actually convicted of the drug offense. The standard of proof required in family court is much more relaxed than in criminal court and there is no limitation regarding the information the judge may consider in making a determination on the custody of a child.

If either parent is contesting that the other should not be given custody or visitation then the matter can get even further complicated. When one parent has placed the child in a dangerous situation (this includes exposing the children to illicit drugs) this parent’s right of visitation can be denied and the other parent awarded sole legal and physical custody. In the alternative, the court can also order sanctions such as drug treatment and random tests to insure the safety of child.

Ultimately, the child’s welfare is the court’s paramount consideration. Of course, the fact of the personal relationships or circumstances of the parents are going to be relevant. The court will undoubtedly want to know if the fact that a parent is involved in drug activity is going to impact upon their ability to care for the child. The overall issue the family court will focus on is how the drug offense impacts that parent’s ability to adequately care for the children.

Dispute Resolution
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