Are you looking for a career or want to take legal action?
An attorney may be the the answer for you, (also known
as a lawyer). Whatever the matter, attorneys help all
individuals - people (and companies) in a court of
law. Generally specializing, allow them to be proficient
when it comes to the legalities within their selected
field.
An attorney is a useful means, to represent your points
across in a court of law. On the other hand, representation
by an attorney, who knows their specialized area in law
can assist you in winning the case in court. Based upon the
situation that you find yourself in, you may be lucky enough
to secure a pro-bono offer from an attorney. Pro-bono is a
contract to assist a client on a fee free arrangement.
This pro-bono proposal may come with clauses, stating that
should the case be won, a predestined percentage of the
money awarded will be passed on to the representing
attorney. As well as, the attorneys may attract clients,
from their obvious gesture of good will. So consult your
attorney in detail in this situation.
Getting the services of an attorney may not be painless,
especially when there is money for fees to be arranged.
However, it is also not easy to become and be an attorney;
it needs years of study, hours of work and never ending
research to be current.
To become an attorney, candidate must have a bachelor
degree of approximately three to four years duration in any
field. Even postgraduate students have to study and attend
law school for three years, in order to become an attorney.
There are several options of fields at law school, most of
the students choose the most popular general law degree and
not specialize in anything. That leads to broadening their
option for a wide range of case load. They can also take
suggestions from your mentors.
In today’s world, an attorney is one of the busiest and
wealthiest occupations among others. With society’s nonstop
wanting to sue people for trivial things, the attorney
is obviously reaping the profit of this trend. So for how
long will this go on? For how long can an attorney be given
super hero status at the expense of eliminating everything
life has to offer us in fear of a lawsuit. Will this always
be the case, is the question.
About the Author: The author…Lawrence X. Young, is also the webmaster of
Fair Attorney
An excellent information resource website for anything related to the the law and attorney’s. Lawrence X. Young has created the Attorney Resource Information
site the
Fair Attorney.
Source: www.isnare.com
Posted by admin as Law at 6:57 PM CDT
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The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark.
Section 10 of the Trade Marks Act 1994 provides, so far as is material: ‘(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark’.
The claimant company, Wistbray Ltd, was the registered proprietor of a UK registered trade mark ‘DRAGONFLY’ in Class 30 in respect of teas. It was also the registered proprietor of a European Community registered trade mark for ‘DRAGONFLY’, combined with a logo of a dragonfly in silhouette in Class 30 in respect of teas. Wistbray had been using the trade marks for the sale of teas since September 2000 and had an annual turnover of about £1 million.
Creative Nature, a UK company, traded in incense, arts and crafts and herbal teas. Only a very small proportion of its sales were for teas in Class 30. Creative Nature used a sign comprising a pictorial depiction of a dragonfly in flight with the words ‘CREATIVE NATURE’.
Wistbray claimed that Creative’s use of its sign infringed both its trade marks, suing for infringement under s.10 (2)(b) of the Trade Marks Act 1994 and seeking summary judgment.
The court held that: the claimant’s use of the marks was widespread and longstanding;
the claimant’s marks, both as an expression and as a pictorial symbol for use in teas, was distinctive and memorable;
the fact that the defendant’s teas were largely medicinal and were sold at specialised outlets did not remove the likelihood of confusion;
the likelihood of confusion between marks should be appreciated globally, taking into account all relevant factors of the case;
global appreciation should be based on the overall impression given by the marks, bearing in mind their distinctive and dominant components;
it was satisfied in the instant case that the defendant’s sign was similar to the claimant’s trade marks, the defendant’s goods were similar to those of the claimant’s, and the result was at least a likelihood of confusion on the part of the public.
The court granted an injunction restraining the defendant’s use of the mark.
If you require further information contact us at enquiries@rtcoopers.com
© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Intellectual property law firm advising on patents, Patent attorneys, Patent Lawyers, Copyright, know-how, trade marks, trademarks, copyright law, IP lawyers, IP law Firm, IP valuations IP solicitors freedom to operate copyright lawyers, patent solicitors, branding,intellectual property lawyers, intellectual property solicitors. If you require further information contact us at enquiries@rtcoopers.com or visit our website at http://www.rtcoopers.com
Posted by admin as Law at 10:44 AM CDT
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