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Intellectual Property: Patents – Drafting with Reasonable Care and SkillIn the case of Unilin Beheer BV v Berry Floor NV and Ors, Information Management Consultancy Ltd, B&Q plc (2005), the courts ruled that the faulty drafting of a patent application did not amount to lack of reasonable care and skill.Unilin, the claimant, applied for a patent for a floor covering and the application succeeded. Unilin then became aware of prior art which made it necessary for it to amend the patent application by reducing the scope of the main claim. Unilin also amended the body of the specification so that the text and drawings conformed to the main claim.After grant of the patent, Unilin sued three defendants for patent infringement. The defendants counterclaimed, arguing that a piece of prior art (Yoichi) had not been cited against the patent.On 26 September 2003, the court held that Claims 1-19 of the patent were invalid in respect of the prior art Yoichi but Claims 20 and 21 were valid and infringed by the defendant. Unilin claimed damages for past infringements and costs.
Intellectual Property – Trade Mark Infringement – Figurative Community TrademarkIn the case of Sportwetten GmbH Gera v the Office for Harmonisation in the Internal Market ("OHIM") (2005), it was held that the registration of a Community trade mark was not contrary to public policy or public morality.On 11 January 1999, OHIM published a figurative mark incorporating the word INTERTOPS in respect of Class 42: bookmakers and betting services of all kinds.Sportwetten GmbH was the proprietor of the trade mark INTERTOPS SPORTWETTEN, registered in Germany in respect of the same types of services.
Intellectual Property – Copyright Infringement – Design RightsThe case of Landor and Hawa International Ltd v Azure Designs Ltd (CA) [2006], involved a dispute over the design of a type of suitcase. The claimant company had been designing, importing and selling travel bags and suitcases since 1985. In June 2002, the managing director produced a design for an expanding section ("the Expander Design") which was to be incorporated into hard shell-style suitcases.Suitcases incorporating the Expander Design were then produced and sold in the UK and abroad.During the late summer of 2003, the claimant company became aware of suitcases using the Expander Design and built in China being marketed and sold in the UK by a company called Label. The claimant company alleged that this infringed its design rights in the Expander Design. It discovered that the defendant company had imported and sold such suitcases.
Intellectual Property – Community Trade Marks – Likelihood of ConfusionIn GfK AG v Office for Harmonisation in the Internal Market (OHIM) (2005), a company's application for a community trade mark was rejected on the grounds that there was a likelihood of confusion with a previously registered German trade mark.On 15 November 1999, the applicant applied for a Community Trade Mark (CTM) for the mark "Online Bus" in Class 35 in respect of drawing up statistics in the fields of economics, marketing, market research and market analysis, business consultancy, organisation consultancy, professional business consultancy, news agency services in the field of economics. The CTM application was accepted and proceeded to publication.
What You Need To Do If You Are In A Vehicle AccidentWhen purchasing a vehicle, you have to be prepared for an auto collision. The first thing that you have to do after an auto accident is to remain calm.
Reverse Phone LookupThis article focuses mainly on reverse phone directories, where they are used, and where you can find them. Some of these directories are available to the public via the internet while others are private and used only by government agencies.
Criminal Records LocationThis article focuses mainly on the regulation of criminal records. This includes information on the National Crime Information Center. This is a criminal records database which maintains criminal histories of individuals, open arrest warrants stolen cars, stolen firearms, and several other databases.
40 Ways to Beat a DUI ArrestDui Lawyers, Dwi lawyers, and Drunk Driving Attorneys discuss common defenses to DUI, DWI and Drunk Driving arrests. Defenses include bad field sobriety tests, bad breath alcohol tests, bad blood tests. Other issues include medical conditions, license issues, and weather conditions that can affect the proof in driving under the influence cases. DUI law and DWI law is generally discussed.
If You've Got a Good Idea for a Product, Do You Need a Patent?Once you have your product developed it's time to decide if a patent is worth the trouble. Although in theory, all good ideas should be protected by a patent. Consider the protection however as only the right to allow you to claim the technology, product or ideas as your own. YOU get to do all the protecting. So if you develop a product then someone steals the idea and goes into competition with you, you have the right to sue and defend your patent rights.
Do I Need Patent Protection To Establish My Rights To A Great Idea Or DesignOne of the first things to do when you have an idea is to write it down. Documentation is the most important step you can make to in securing future rights to your idea. The documentation needs to be in a tight bound or engineering type notebook. These are like a basic school notebook that pages cannot be added. It's also a good idea to get a notebook that it's also difficult and noticeable if any pages are removed.
Finding A Car Accident LawyerDo you have a car? I'll bet you do because most Americans love their cars. What would you do if you were driving your car and were in a serious accident that caused extensive damage? Well, based on who is at fault, the insurance companies will more or less be able to replace the car. That's what you're paying the big money for.
Legal Secretary Jobs: Gatekeepers of the LawA legal secretary is a fundamental part of any law office. From personal assistant to project manager, file clerk to sounding board, legal secretaries fulfill many functions a law office would flounder without. Duties of the legal secretary extend far beyond simply clerical in nature, and as experience grows, your level of responsibility will as well!
There's No Such Thing As A Fair JuryJurors are categorized on a number of qualifications; by their Job/Life Experience, i.e. the Peterson Jurors included "a former police officer, a firefighter, a social worker, and a woman whose husband was slain in prison"; Gender (6 males/6 females), and Ethnicity ... I just HATE how Jurors are referred to as "Hispanic Juror #6 wiped a tear ... This tells me NOTHING ... but you tell me the juror's name is "Jose" or "Maria" and I can tell you what they think, what motivates them and how they'll relate to information being presented to them by the prosecution or defense.
Traffic ticket Pennsylvania 7 Tips to Beat your Traffic Ticket!Why and how you should try to fight your traffic tickets. Presenting you 7 methods and tricks to beat your ticket!
Lemon Laws Protect The ConsumerA lemon is a term used to describe a new vehicle that needs excessive repair even though it is new. It has to meet special criteria.
US Supreme Court and Military CommissionsMilitary commissions were always outside the legal ambit of international law and IHL. In its June 29 judgment, the US Supreme Court as the guardian of the legality of the country has reiterated just that.
Child Support Laws Changing, Emerging Trend Now Favors Child's "Best Interest"Colorado child custody laws are changing. Click here to learn more.
Tenant vs. Landlord: Where the Law StandsONE thing is for sure in RE law with tenants and landlords, neither feels he is wrong. Neither trusts the other. They both consider the law cold and heartless but its heartlessness is what is protection for both parties!
Bogus Lawyers and Attorneys on the LooseWith high hopes of winning a case, clients are in search of good lawyers and attorneys, but what they don't know is that there are several fakes lurking anywhere.
Texas Medical Malpractice LawyersIf you have been the victim of medical malpractice, there are attorneys who specialize in helping you recover damages that you are entitled to as a result of the negligence. Texas medical malpractice lawyers will review your case during, what is often, a free consultation. Being injured can leave you with a feeling of depression and helplessness, especially if it is the fault of someone else.
Texas Personal Injury LawyersWhen you've been injured, it can quickly become of the most frightening times of your life. This is especially true if the injury was not your fault, but rather the result of someone else's negligence. If that's the case, you should be compensated for your medical bills and, to some degree, also for pain and suffering. Your recovery in a personal injury case may also include any lost wages that were a direct result of the injury. Texas personal injury lawyers may be beneficial to anyone who has a valid claim against another for causing personal injury.
Texas Accident LawyersTexas accident lawyers specialize in helping individuals who have been injured during an accident. In many cases, accidents are avoidable be it not for someone else's negligence. Texas accident lawyers are beneficial to anyone who has a claim against another for personal injury. Being involved in an accident can quickly become one of the most frightening times of anyone's life and it may leave the victim feeling depressed and helpless.
Why Hire A Personal Injury Attorney?Most people think that a personal injury claim is a car or motor vehicle accident claim. While an injury sustained in an automobile accident where another was at fault would be a personal injury claim, there are many other matters that also fall under that heading.
What To Do If You Have Been In An Auto AccidentAutomobile accidents happen everyday on our roadways in California. If you've been involved in an auto accident, here are some important steps you need to take in order to protect your legal rights and personal safety.
Evictions in the City of SeattleThis article highlights how to evict a tenant in the City of Seattle. The eviction process is a complicated one and the steps must be followed exactly or the judge will rule that the tenant's right to an adequate process have not been preserved. A property owner could lose an otherwise justified eviction by failing to follow the proper steps.
Lemon Law AttorneysNowadays, you do not need to be stuck with a newly purchased car that has recurring problems. Almost every state has approved some type of lemon law, protecting you as a consumer from defective products.
Social Security Disability & Workers' Compensation: Can You Get Both in Virginia?You are disabled by an on the job injury. You are on Workers' Compensation. You want to know if you can also get Social Security Disability. This article sheds light on this issue.
Law EnforcementMost individuals have encountered a police officer at least once in their lives. Law enforcement officials maintain peace and order in society. Law enforcement officials are commonly known as police or police officers.
Hiring A Birth Injury LawyerIf you should befall something as tragic as a birth injury in your family then it is imperative that you know a competent birth injury lawyer. No one could ever imagine the trauma and heartache a person goes through when dealing with an issue like this, and so having information in regard to birth injury lawyers is not easy to find in many cases.
How To Negotiate a Deadlock like a ProA deadlock occurs when the parties to a negotiation cannot reach agreement. Usually they are tired and frustrated and ready to give up. Here are a few Rules to chip away at the deadlock and close the deal.

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