Posts Tagged ‘commercial property’

How To Write Legal Regulatory Articles - Legal Content Online

Sunday, September 5th, 2010

Despite what you might think you do not have to be a lawyer to post legal regulatory articles online. As long as you are not giving legal advice you are good to go. Further, you should not assume that lawyers, or attorneys know more than you do when it comes to legal regulatory issues, as you are both reading from the same codes, rules, and regulations.

Additionally, despite their facade, not all lawyers are as intelligent as they purport. They have just spent a lot of time in school studying legal issues and law; much of which will have absolutely no bearing on their actual chosen professional legal niche. As a retired franchisor founder, having actually run a company, I can tell you that I had become intimately familiar with all the legal regulations surrounding our industry.

To further my understanding, I belonged to a list-serve from the ABA where all the franchise lawyers came to meet and talk. I was actually quite blown away to find, more often than not, I knew more than they did, and since I ran a company I knew the ramifications of each chess move far better than they.

Technical Detail

This is where it gets complicated, documental inks are not single substances, they are a complex mixture of pigments, resins, solvents and additives. The definition of a substance that needs registering within the legislation is ” A chemical element and it’s compounds in the natural state. excluding any solvent which may be separated without affecting the stability of the substance or changing its composition” Now, since a major component of the ink is solvent, this is excluded. Also, so are polymers, and since the other major component of an ink is a resin, (which in turn is a polymer) then these too are exempted. That leaves the additives, and some of these could also be exempted on the basis that ” the estimated risk is negligible”  e.g water which is used in inks for Fountain Pens. .

So, on balance for more than 80% of the weight of the ink, the chemicals do not fall within the scope of REACH. In the unlikely event that an importer is buying in tens of millions of Pens , and not getting the inks from an already REACH Registered supplier, to calculate whether or not the substance needs registering for REACH,  the importer will need the exact formulation of the ink, which of course is the intellectual property of the owner and closely guarded, and is likely to be refused.

Conclusion

So, in a nutshell, nothing to worry about for small importers of promotional pens, promotional items or business gifts containing documental and even large ones if the imported pens contain inks produced by a REACH Registered supplier. If you are a major importer buying in millions of pens and don’t have these safeguards in place, watch out. The enforcement agency is the Health and Safety Executive

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Patent Analytics Report - India Heads High On Neem Patent Saga

Friday, September 3rd, 2010

Neem (Azadirachta indica) is a tree in the mahogany family Meliaceae. It is one of two species in the genus Azadirachta, and is native to India, Myanmar, Bangladesh, Sri Lanka and Pakistan growing in tropical and semi-tropical regions. In East Africa it is also known as Mwarobaini (Swahili), which means the tree of the 40, as it is said to treat 40 different diseases.

Traditional uses of Neem
1. Neem acts as anti bacterial, anti parasitic, anti fungal, anti protozoal and anti viral thus helps in protection from all the microorganisms, which are always ready to invade in our body causing serious ailments.
2. Local application of neem powder or neem oil has miraculous results. As it is a famous anti microbial herb, it renders all the microorganisms inactive therefore helping in proper healing of wound without causing any infections and septic conditions.
3. Taking bath of neem leaves water is a very common sight in Indian homes that helps our body to counter mild infections, which our body might get in day-to-day activity.
4. Its tropical application makes us relieved from acne, eczema and even ringworms.
5. In skin related diseases, neem works as blessing of God on mankind. It has an action on almost every kind of skin disease thus making its indication in eradicating every kind of itch, rash, infection and allergy.
6. Neem water is extensively used in burn injuries, thus to protect them from any kind of infection and also promote healing.
7. Neem oil is extensively used in hair fall and early graying of hairs with very satisfying results. It also find its application in dandruff and in lice growth.
8. Its local application on arthritic conditions like rheumatoid arthritis, gout, Osteoarthritis, lower back pain, and musculo skeletal pains is highly recommended with good results.

Dolcera Analysis

1. Top Assignees in India and US on Neem patents: We analyzed a total of 98 relevant patents published in India on Neem and 78 relevant patents published in US on Neem from 2006 to 27th June 2009.
A. One can observe from the above graph that CSIR is the leading assignee in both US and in India. It means that considerable research on Neem is being carried out by CSIR.
B. In India, CSIR is being followed by Kalyani Chemicals, Indian council for agriculture result (ICAR), Godrej agrovet, Defense Research and Development Organisation (DRDO).
C. In US, CSIR (India) remains the top filler followed by UOP LLC and Syngenta Corp protection Inc.

2. Applications of Neem on which Indian and US assignees filled patents: Next, we compared the Applications of neem for which the patents are sought in both US and India.
A. The major application of neem in most of the publication is on Pest control.
B. Indian publication concentrates on the medicinal aspects of neem whereas US publications concentrates mostly on the insect repellant property of neem.
C. Indian assignees have patented use of Neem for its medicinal benefits such as for wound healing, wound coating, diabetes, HIV/ Aids and skin care.
D. US assignees looked more interested in the areas such as Biodesel production, fertilizers, dental formulations, food packaging, cosmetics and Pharmaceutical compositions.

After the patent search is complete and no idea has ever existed, the next step on how to protectyour ideas with a patent is for you to submit an application to the patent office. You may be asked to make some minor developments or changes in your idea. This may include asking you to adapt and include other idea to yours so it does not conflict with other patents or just to further improve the original features of your idea.  

You can file the patent application personally or you can ask a professional patent agent to do this on your behalf. Because it is an important document, it’s best if you get the services of a professional patent lawyer

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Trademark A Band Name - The Legal Battle Over “Black Sabbath”

Friday, September 3rd, 2010

In mid 2009, Ozzy Osbourne launched a lawsuit against former band mate Anthony Iommi over the rights to the famous BLACK SABBATH name. As a trademark lawyer with a music industry background, I have litigated and registered dozens of band names. This charade once again serves as a reminder to successful trademark owners, and even aging rock stars, “It’s all about the brand stupid.” Ozzy is claiming rights to 50% of the name and merchandising royalties garnered by former band mate Iommi, who registered BLACK SABBATH in 2000 at the U.S. Trademark Office and in Europe.

Ozzy acknowledges that he ceased to perform or use BLACK SABBATH from 1980 to 1996, only to return in 1997 when the two did a reunion tour. Iommi continued to use the name during those years, performing in small venues and struggling to keep the name alive. Ozzy’s hiatus is an indication of the abandonment of his rights but he claims immaculate resurrection based upon his wife’s management skills that reunited the group in 1997.

Osbourne’s official statement reads:

Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the “Black Sabbath” brand through Ozzfest, touring, merchandising and album reissues. The name “Black Sabbath” now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour.

A reading of the Osbourne complaint reveals yet another text book example of what not to do. It never ceases to amaze me how little importance successful artists ascribe to protecting and managing a valuable asset, the brand. Ozzy’s departure from the group was in 1980 and over the last 30 years, Ozzy either failed to heed proper advice, or neglected to engage expert trademark advice when he should have. The important question in this case whether or not there was an agreement as to who owned the name when Ozzy left in 1980?

According to the complaint, Ozzy says he signed nothing that indicated that he was giving up his rights. However, that is not necessarily determinative. Under U.S. law, if there is no written agreement stating otherwise, departing band members from a group operating as a partnership normally cease to have rights in the name while remaining members retain the rights. This is because the name is considered a partnership asset, and specific assets remain with the partnership. Absent an agreement, Iommi may as well have become the sole owner during the years he continued to perform in clubs under the name without Ozzy.

How does a trademark differ from my company name?  Formation of a company and the right to use that company name as a corporate entity has nothing to do with establishing trademark rights!  The distinctive portion of a corporate name can become a trademark when correctly used in connection with the sale of goods or services to the public.  However, until this occurs, a corporate name offers little protection against subsequent use in commerce by a competitor who establishes prior lawful use and/or registration with the U.S. Trademark Office for specific goods and services.  

How does a domain name differ from a trademark?  A domain is an address on the Internet.  It is the location of your website, and may or may not be used to offer particular goods and services to the public. Domain names are not a substitute for a brand.  Many domains cannot serve as trademarks, especially if they are only a descriptive term which describes the goods and services.  Trademark rights in domains can be registered if the term is distinctive and used to advertise and sell goods and services. An example of a descriptive domain with little or no trademark protection is

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Get Help Now - Boat Injury Cases Are Not Just For Commercial Vessels

Friday, September 3rd, 2010

According to the US Coast Guard, there are about 134 boating accidents that happen every year. Unfortunately, and contrary to popular belief, most of these accidents happen not because of natural calamity but due to human error. To date, the US Coast Guard has already registered over 1.1 million dollars in property damage brought about by boating accidents, and that’s in Washington alone.

Of these accidents recorded and listed in the U.S. Coast Guard, collisions with boats or other watercraft is the most common type with over one third involving collisions. There are, however, other causes such as reckless or drunk driving, capsizing, falling and boat malfunction which usually involves the malfunction also of the devices that could help a boat survive.

However, the sad part is not all people realize that boat injury cases may be like that of Titanic where the giant commercial vessel is already sinking and you have a nil chance to survival, but, in real life, you actually have a fighting chance. Many of us are not familiar about the laws and regulations when it comes to boat injury cases. Failing to know all of these make both commercial vessel and shipping companies, figuratively, a winner. They often take advantage of our ignorance and lets us assume that everything is an accident and that they are also victims, ergo no responsibility are resting on their shoulders and we have no right to file any case against them.

As the boat accident law implies, any accident that happens on a boat, ship, ferry, or jet-ski is considered a boating accident. In this light, drivers are mandated by law to exercise the highest level of care to prevent injuries or else they would be responsible for any injury or death brought about by their sheer carelessness. This is a rule of law but not many of us are aware of it and not many of us also realize how powerful and dangerous watercrafts really are.

When a vehicle, like a car, collides with a pedestrian, the victim is in danger of multiple serious injuries. The body parts that are most vulnerable to serious and even fatal injuries are head, legs and arms. Severe bodily injuries as results of the accident might include spinal cord injury, paraplegia, quadriplegia, traumatic brain injury, coma and fractured bones.

Figures above underscore that pedestrian accident in the United States is really a serious issue. Our country has a very serious case of pedestrian deaths and injuries. If you or a family is a victim of pedestrian related accident, do not hesitate to come forward and file a personal injury case against the perpetrator. Key to winning your case is getting a reputable personal injury lawyer. This is one way to lessen, if not totally eliminate, pedestrian deaths and injuries in the United States

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Fox News Vs Al Franken - Trademark Landmarks

Friday, July 30th, 2010

commercial construction If you run a business successfully, you will no doubt have looked at a breakdown of the reasons why it is successful so that it can continue to be so. In many cases, companies have looked at elements of their business, chiefly how it is carried out and how it is sold, before looking to trademark different elements so that no other business or individual can use these same elements in their own favor. In such cases, it is worth remembering to check that the thing you’re looking to trademark is:

-not already trademarked by someone else or some other business

-not in common general usage by other people or businesses.

One example of the above is the 1998 case which saw two recording artists battling in the courtroom over the use of a certain, distinctive logo - the letter “G”. Rap artist Warren G attempted to sue country rock singer Garth Brooks over the latter’s use of the letter G in his merchandise, claiming that he had already trademarked the letter. The case ended in mutual acceptance that both could use the letter, but led to much amusement over the respective claims to ownership of a letter that forms one twenty-sixth of the Roman alphabet.

juegos Another lawsuit considered to be frivolous occurred in 2003 when the TV news station Fox News attempted to sue Al Franken in a case prompted by his book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. Franken’s book, a satirical parody of what he and others viewed to be the excesses of the right-wing media outlets of the United States, reserved particular ire for Fox News - a station which uses the term “fair and balanced” as a network slogan.

commercial property The use of the ® symbol does have specific requirements. This traditional trademark signifies ownership of a federal registration. This mark may be used once the trademark or service mark is actually registered with the USPTO on either the Principal or Supplemental Register of the USPTO. It is important to recognize that merely filing an application with the USPTO, withstanding an opposition, or having the mark approved for publication is insufficient to warrant use of the ® symbol. Only upon actually receiving a Certificate of Registration from the USPTO can the owner of that trademark or service mark be permitted to use the ® symbol. In addition, the federal registration symbol should only be used in connection with the goods or services that are listed within the certificate of registration.

That said, foreign countries have their own laws with regard to the use of the registered ® symbol. Therefore, it is important to determine which countries use the ® symbol to indicate that a mark is registered in their country before assuming that the owner of the mark has a USPTO trademark. For example, such countries as China, Germany, and the Netherlands also use the ® symbol.

One who improperly uses the federal registration symbol with a deliberate intent to deceive or mislead the public may be liable for fraud. Although fraudulent intent is usually required, one should not use the ® symbol unless permitted by law. Improper uses may include use based upon state trademark registration, placement on an entire mark or portion thereof despite the registration pertaining to something otherwise, use on the mark relating to goods to which the registration does not pertain, or use despite the registration having been recently expired or cancelled.

Just as proper trademark monitoring and protection is critical to ensure that trademark rights persist, use of the appropriate trademark symbol is also important. Therefore, knowing whether to use the ™, SM, or ® symbol and at what point in your trademark use will be critical. You can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

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The Four Requirements For Patents - Patent Definition

Sunday, July 25th, 2010

commercial construction What are the four essential requirements for an accurate patent definition?  These same four things are also necessary requirements to file a patent that will be of value and protect your invention from theft.  They are:.

juegos The invention must be novel

Being novel means that it can not be known by others or used by others before the inventor claims to have invented it.  It also means that the invention can not be patented or publicly disclosed before the inventor’s claimed invention.   The patent must be applied for within 1 year after public disclosure or use.

commercial property The invention must not be obvious

The proposed invention can not be obvious to a person with average skill in the knowledge area of the invention.  An example might be a red toy car.  A blue toy car would be an obvious extension of a red toy car.

How To Choose

A counsel plays a crucial role in acquiring a patent. He will represent you and your idea. Hence, it is necessary to approach the right person. It will be useless to appoint a person who does not have any knowledge in the field of your invention. Advocates differ from each other regarding the skills that are required in different fields. A patent lawyer with a background in biology cannot help you in any way for your invention that is related to the field of engineering. A specialized lawyer with a technical background can help you in a better way. Make sure to enquire about the qualifications and credentials before making a selection. You can conduct a simple search on the USPTO website and select a registered online patent attorney with the requisite capabilities to deal with your case. An experienced professional may charge you a higher fee.

Although there are many options to select a counsel, the best and easiest would be to choose an online patent attorney. Online dealing is quite fast and reduces the time involved. You can save the time that is wasted on the number of visits to the lawyer’s office every time.

  • Once you approach an expert, he will conduct a thorough enquiry regarding the uniqueness of your invention. If he finds it satisfactory, he will take up the case and proceed to acquire the rights as soon as possible. Hence, a patent lawyer is considered an inventor’s best friend. You can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

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Investigation Is Questionable - FTC VS Apple & Google

Sunday, July 25th, 2010

commercial construction After the attacks on Microsoft by the Federal Trade Commission and then the standing by as AOL and Time Warner Merged, and later the wait and watch strategy with Google, one has to ask what on Earth the FTC is trying to convince us of.

juegos Now, they have a new appointed head, from San Francisco and apparently, they are looking into the “Apple-Google Connection” or the fact that each of their boards of directors share members, which looks as if they are in cahoots and thus, horizontally, and vertically integrating a strangle hold on the tech sector.

commercial property Neither company currently competes with each other, but this does set up an interesting anti-trust issue. I mean if you are going to go after Microsoft for their dealings with bundling and working with hardware distributors then you Must look into this. Still, this is a really weak case considering the size of Google and all the other issues that might cause one concern.

Cost is not measured in dollars alone. Cost is also measured in effectiveness and environmental impact. Here are several key ways photoluminescent technology will help save lives and the environment.

Electricity is often the first building service to fail in an emergency. Even backup generators are not entirely reliable. Safety and reliability should not be tested in emergencies. Photoluminescent exit signs help ensure you won’t have the worry of sign failure.

Smoke obstruction can be of great concern during a fire emergency. The high visibility of photoluminescent exit signs and lack of fallible mechanical parts helps ensure quick, safe exit from compromised buildings.

Photoluminescent exit signs are “zero impact.” No wires and no bulbs mean no energy usage. While other self-luminous exit products may also reduce energy use, they impact the environment through the storage and disposal of their luminous agent, radioactive tritium. CO2 production is cut by nearly half a million pounds, each year, with a 100-sign installation in a single building alone. Additionally, photoluminescent signs are 100% recyclable.

Consider the costs and the value to your business and take a step toward improved safety and efficiency with photoluminescent exit and egress solutions. You can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

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Commercial Construction Juegos 3d Commercial Property | Trademark - Trademark Clearance Not An Option For Internet Businesses Looking To Avoid Trademark Infringement

Sunday, June 13th, 2010

commercial construction Any person or business entity offering any type of good or service on the Internet today must be aware of the importance of trademark law.  In particular, whether it is the use of a domain name, the use of a trademark to identify certain goods, or the use of a service mark to identify particular services, such uses are likely to implicate federal trademark law.  This is because the Internet is everywhere, which means your prospective customers, existing customers, and competitors are everywhere.  While in the past an individual or business entity could operate its store or offer its service only within a certain geographical location, the Internet has made businesses international.  As such, not only may you now qualify for a federal trademark or service mark with the United States Patent and Trademark Office, but you may also be at risk of trademark infringement due to your use of a third party’s mark in interstate commerce.  

juegos 3d As a reminder, trademark law requires that in order to qualify for a trademark, an owner must use a distinctive mark in interstate commerce.  Therefore, if you believe you are using a mark that is not generic or descriptive, and using that mark to sell goods or services via a website on the Internet, you may qualify for a trademark with the United States Patent and Trademark Office (USPTO).  Even if you choose not to seek registration with the USPTO, you may still have common law trademark rights in locations where you do business.  While this is the benefit of conducting business via the Internet, there is also a new risk that start-up companies and businesses often overlook.

commercial property The most important risk to be aware of is trademark infringement.  Namely, your use of a character mark, design plus words mark, or logo on your website to sell your goods or services may create a likelihood of confusion with another trademark owned by a third party.  Should this third party discover your use of a confusingly similar trademark, they may seek to ensure that you do not continue use of the trademark, stop using a domain, or even attempt to sue you in an effort to collect damages or enjoin your business from continued operation using that trademark.  As such, it is now critical that all Internet businesses have a trademark clearance performed prior to operation on the Internet.    

Apart from shelter, weapons can be improvised from natural materials, to ward off dangerous animals or even people if you end up in enemy territory. Stone, bones or shells can be beat against other stones or rocks to sharpen the edges. A sharpened tool can then be tied to a makeshift handle using any string like material, like grass or vines. Hammers can be created the same way, and can be used to hunt or to solidify your shelter.

The point is to believe that anything you need will be somewhere around you. You only need to make unconventional uses of apparently unnecessary items in order to fulfill your needs. For example, you can use a plastic bag as a raincoat, or to gather water. An old T-shirt can absorb morning dew from plants to give you a drink. The spare tire in your car can be burned to give a black, noticeable column of smoke that may lead to your rescue. The only requirement is to think creatively, “out of the box”, have a strong will to survive and hence make the circumstances work for you instead of against you You can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

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