Archive for the ‘More Legal Attorneys’ Category

Patent Analytics Report - India Heads High On Neem Patent Saga

Sunday, September 5th, 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.

Regarding patent costs, some patents may cost more than $600, depending on the nature of the project and the scope of the research needed to obtain the patent. However, don’t let the numbers stop you from making your dream become a reality.

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.  

4. Dolcera Conclusion Indians have always cherished their traditional knowledge, heritage and culture. Neem is one such heritage and an integral part of our socio-economical culture. From times immemorial Neem has found use as an intergradient in Indian culinary, as a medicine for cure of several allergies/diseases and in various religious ceremonies across the country. Time and again there has been a hue and cry to stop other countries from patenting this age old Indian knowledge of Neem. This study, is aimed to answer the key question Are Indians holding an upper hand, legally too, on Neem usage? Comparing the trend of patent filing in India and US between 2006 to June 2009, we can safely conclude that India as a whole has risen up to the expectations and has filled 98 patents on technology surrounding Neem. CSIR (India) played a key role here in India as well as in US to remain as top assignee in the terms of number of patent fillings on application of Neem. However, the complete picture can be alarming. Figure this, despite CSIR remaining as the top assignee, patents on Neem in India are mostly held by individuals (41.84%), followed by private sector, 31.63%. Government institutes (which included CSIR, DRDO, ICAR, IIHR etc) lagged behind all and retain only 26.53% of patents on India’s traditional asset. While Indians have used Neem for its medicinal benefits such as for wound healing, diabetes, HIV/ Aids and skin care; US assignees looked more interested in the areas such as Biodesel production, fertilizers, dental formulations, food packaging, pharmaceutical compositions etc. This study was aimed to gain in depth insight of patenting trends on Neem in India and US. Waking up to the cause, India has done well to broadly cover the Neem application areas but the efforts should increase exponentially to retain the legal rights on Neem, the gift of nature to India

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Patent Analytics Report - India Heads High On Neem Patent Saga

Sunday, September 5th, 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.

Regarding patent costs, some patents may cost more than $600, depending on the nature of the project and the scope of the research needed to obtain the patent. However, don’t let the numbers stop you from making your dream become a reality.

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.  

4. Dolcera Conclusion Indians have always cherished their traditional knowledge, heritage and culture. Neem is one such heritage and an integral part of our socio-economical culture. From times immemorial Neem has found use as an intergradient in Indian culinary, as a medicine for cure of several allergies/diseases and in various religious ceremonies across the country. Time and again there has been a hue and cry to stop other countries from patenting this age old Indian knowledge of Neem. This study, is aimed to answer the key question Are Indians holding an upper hand, legally too, on Neem usage? Comparing the trend of patent filing in India and US between 2006 to June 2009, we can safely conclude that India as a whole has risen up to the expectations and has filled 98 patents on technology surrounding Neem. CSIR (India) played a key role here in India as well as in US to remain as top assignee in the terms of number of patent fillings on application of Neem. However, the complete picture can be alarming. Figure this, despite CSIR remaining as the top assignee, patents on Neem in India are mostly held by individuals (41.84%), followed by private sector, 31.63%. Government institutes (which included CSIR, DRDO, ICAR, IIHR etc) lagged behind all and retain only 26.53% of patents on India’s traditional asset. While Indians have used Neem for its medicinal benefits such as for wound healing, diabetes, HIV/ Aids and skin care; US assignees looked more interested in the areas such as Biodesel production, fertilizers, dental formulations, food packaging, pharmaceutical compositions etc. This study was aimed to gain in depth insight of patenting trends on Neem in India and US. Waking up to the cause, India has done well to broadly cover the Neem application areas but the efforts should increase exponentially to retain the legal rights on Neem, the gift of nature to India

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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.

Not long ago, a Car Wash Owner complained that an environmental compliance inspector fined him for having “liquid paper” in a container that was over so many ounces without an MSDS Sheet in his files for that container.

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.

This is very important and something that most attorneys don’t understand. They actually believe that they are smarter than everyone else; but in reality only a few are, the rest are merely faking it and charging us $450-$600 an hour to prove it. I hope you will please consider this, because it took a little while for me to see the light

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

Sunday, September 5th, 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?

The registration of your trademark is only the beginning of the brand protection process. The act of enforcement also includes making sure that federal registrations are maintained. The Trademark Office requires periodic filings or they will cancel your registrations. Also, trademark owners must “police” their marks against unauthorized use or they risk losing valuable rights. It is important to teach authorized users to use the marks correctly as well as monitor their use. Many trademarks have been lost through neglect and failure to take simple steps to eliminate infringers.

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.  

Although his trademark claim may be limited, Ozzy likely has a separate but valid claim against Iommi if he has been exploiting Ozzy’s name, image, and/or likeness without consent and compensation. Record companies routinely have the right to use their artist’s name, image and likeness for purposes of recording sales, but for endorsements or other commercial use the rights typically remain with the individual.

Thus, the moral of the story is that the law does not care if your Ozzy Osborne or Joe Shmoe, register your band name with a federal trademark registration, and clarify ownership of the name to avoid a legal catastrophe

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What To Know Before You Post - Intellectual Property And The Internet

Sunday, September 5th, 2010

When the Internet first began to shape popular culture more than a decade ago, few could have anticipated the astounding impact it would have on commerce, education and even social relationships.  Unfortunately, the Internet’s ability to foster commerce and creativity often collides with preexisting laws that are not well-suited to this new medium.  As its use and applications continue picking up speed, the courts and legislators responsible for developing Internet-related law must wonder if they will ever catch up.

One area where this is readily apparent is intellectual property law, especially copyrights and trademarks.  The law has been slow to adapt, many issues remain unaddressed and many of the laws out there are punitive.  In this global, instantaneous network of human creativity, laws that are too restrictive or too punitive could jeopardize the intellectual wealth and dynamism that make the Internet what it is today.

As the law struggles to adapt, businesses (and individuals, for that matter) would be wise to follow the traditional tenets of intellectual property law — field designed precisely to encourage individual entrepreneurship and creativity.  Then, as the law adapts, so must Internet participants.

Essentially, intellectual property laws protect the rights one has when he or she creates something new.  They can apply to the written word and visual arts, computer programs and manufacturing processes.  In the United States, the laws have fostered creativity because people can make money — sometimes lots of money – from the new things they create.

Another domain in which plagiarism is a common occurrence is articles and tutorials (or guides). Writers who have produced very informative and helpful articles are often being ‘ripped-off’ and having their intellectual property stolen and published elsewhere on the web without their knowledge or consent. To put it bluntly, this is an outrage! Unfortunately, owing to the fact that plagiarism often goes unnoticed, there is very little authors can do about it.

General education requirements include 5 years college degree, 3 years in law school and passing of written bar examination. There is huge competition for admission in law schools, you should develop proficiency in writing, speaking, reading, researching, analyzing and thinking logically to succeed both in law school and in profession.

Trademarks are especially tricky nowadays. It used to be that separate companies in Wisconsin and California could provide similar local services under similar business names or with like logos or slogans and never even know the other exists.  Through the Internet, these companies can and do collide with surprising frequency.  And one (or both, if a new player comes along) may be forced to change its corporate identity.

The general rule here is that whoever goes to the trouble to register the trademark first owns it.  The advice to business owners: If you’re serious about your company name, logo or slogan, get it trademarked.

In addition, as tempting as it may be, business owners should resist the urge to include unrelated global or national brands in their Web site meta tags.  This is a tactic many companies have used to draw traffic to their Web sites, attempting to capitalize on popular search terms – and the intellectual properties of other companies – to promote their own brand.  But it’s seldom worth facing lawsuits from these deep-pocketed corporate giants.  Keep in mind that if they’ve considered their brand important enough to invest millions of dollars in promoting it, they won’t hesitate to invest what’s needed to protect it.

Today, we know the Internet allows businesses to find information, get and share ideas, sell products, bond with other sellers and find good vendors.  It’s an important, if not essential, place to be.  

What we don’t know, however, is how social media will affect intellectual property law (and vice versa) or what new legal challenges await.  In the meantime, all we have is traditional law, good legal advice and our own ethical sense to keep us on a somewhat safe footing

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Employment Law Solicitors: What’s The Problem With Internships?

Friday, September 3rd, 2010

Internships have been getting a bad press of late, with employment law solicitors and other campaigners claiming they are exploitative and often illegal. Regardless of the employment law solicitors’ angry protestations, companies who use interns and even the interns themselves call it experience. So who is right?

The use of internships is more prevalent in some industries than others. The fashion industry is guilty as charged. In the press recently, former fashion interns have claimed they were made to work twelve hour days, and longer, for months on end, with no offer of a paid job afterwards. Indeed, some interns claim they have worked for free in fashion houses where they have outnumbered the paid staff. This suggests that many companies, not just in the fashion industry, are relying too heavily on unpaid work by interns.

Employment law solicitors claim that, according to minimum wage legislation, companies could be acting illegally by neglecting to pay their interns. They claim that merely calling somebody an intern does not mean a company doesn’t have to pay them. Any person who is engaged on a regular basis for an extended period of time to carry out work which is core to the company must be considered an employee and therefore must be paid. Some employment law solicitors have dealt with cases of disgruntled former interns who were not paid and have won them backdated pay at the minimum wage. Unfortunately, such cases have not set the precedent that campaigners had hoped and the situation remains largely unchanged.

Furthermore, campaigners point out that internships are actually damaging for graduate employment. As more graduates are prepared to work for free, fewer entry level paid positions are available. After all, who would pay a new graduate to do something another graduate would do just as well for free?

Employment law solicitors are encouraging companies to consider minimum wage law and ensure that they are compliant if they use interns. They, along with campaigners are also calling for a fundamental change to the system, suggesting a restriction on the amount of time a company can ‘employ’ someone for free should be introduced. It is hoped that doing this would encourage companies to employ their interns on a paid, permanent basis afterwards.

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Understand Better Personal Injury Filings

Thursday, September 2nd, 2010

If you need to file a personal injury claim, the first thing you should do is hire a lawyer that specializes in worker’s compensation and related law. Go to this site for further information on car accident compensation.

 

Knowing how the law pertains to your situation is crucial, and a lawyer can help you with this. It is possible to look at compensation and personal injury law in general terms. However, each individual’s case is unique, and a personal injury lawyer will know specifically how to deal with your situation.

 

Be aware, though, that just because a law firm states that they can handle personal injury claims, it does not mean that they have attorneys who are actually knowledgeable about that portion of the law. It is for this reason that it is always a good idea to conduct your own investigation of any lawyer or law firm before you hire them. Deciding whether or not you need legal services, and what lawyer you should choose, are very important decisions that you don’t want to base that choice on some self-proclaimed expert or an advertisement.

 

For example, say you suffer from a knee injury at work and require surgery and are given permanent restrictions. As a result, the company for which you have worked for over two decades ends your employment. Additionally, your physician states that you have lost 20% of your mobility. When you would like to get more information on melbourne personal injury lawyers check out this site.

 

The worker’s comp insurance company informs you that you’ll be given 44 weeks of compensation benefits. But are you sure this is really all the compensation you’re entitled to? Foremost, speaking with a specialized lawyer in the field of worker’s comp - one that has a proven background that shows he really knows what he’s doing - can only increase your chances of getting the full compensation you deserve.

 

A knee injury has specific parameters for payment allowance. Using this schedule, an injury to the knee can claim 220 weeks worth of compensation. Taking 20 percent of 220 gives you 44, which is the number of weeks you’ll be paid by the compensation insurance company.

 

You are probably entitled to a second opinion regarding the rating. One example would be if you find yourself have experiencing problems with depression due to the work-related injury, you may be owed higher benefits. If the original knee injury has contributed to peripheral trouble in your spine, this may also be worth money too.

 

A Second Injury Fund claim can be made if you have a previously incurred injury to the already scheduled body part; included in these claims are damage to the foot, leg, knee, arm, and hand. The bottom line is that you don’t just automatically accept whatever the insurance company says to you. See a good workers? compensation attorney to consider these factors and explore your rights.

 

Some other things about which you might be wondering include why your employer believes that they can use flimsy excuses to deflect responsibility for causing your injury back onto you. Actually, insurance companies have gone through a lot of expense and effort to make people believe that there is a multitude of insurance claims being brought to trial, and that the majority of them are trivial.

 

Sadly, they have been quite successful in planting this myth in the minds of a lot of people who are potential jurors. Because of the insurance defense industry’s continual propaganda the majority of the jury pool has been convinced that most injured parties are not being honest.

 

And most defense attorneys believe that they can use any one of a million excuses to get their clients off the hook for your injuries. This is due to jurors having been preconditioned to assume that anyone filing a lawsuit is just looking to get some easy money. This problem is essentially true when the injury to the plaintiff is not visible or obvious, such as a soft tissue back injury.

 

A certain amount of skepticism by a jury, in regards to an injured person’s claim, is definitely appropriate. To perform the tasks of a truly unbiased jury member, however, he or she has to be fully willing and able to show the same amount of credibility to BOTH aspects. That is one of the main reasons any injured parties should as for an impartial, and fair, jury to rule on their case.

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Patents For Jewellery Designs

Thursday, September 2nd, 2010

Originally patent laws were constituted in 1641 in the United States for the Massachusetts Bay colony in reference to manufacturing salt. When the Constitution of the United States became effective in 1789 the Congress was given special power to administer federal patent laws. The Congress introduced the federal patent law in 1790. There were laws made for jewelry design patent.Jewelers were granted two types of patents. This dates all the way back to 1850 to protect from copying from the major competitors. Patents for designs protect the idea behind the design and how it’s done while the utility patents guard how the product works or being used.

Utility patents are higher in number than the design patents which have separate numbering systems. There is also a difference in the length of time between the design and the utility patent as the former will only last upto 7 years with the average of 3 1/2 while utility patent could work for 17 years. There are some companies who didn’t use the patent system.

One of the reasons why jewelry makers didn’t use patent system is that there are some designs which are only good for a single season or event. Patents cost money and can be in the range of $60 or even higher. Since patents didn’t last very long and they could easily be circumvented by making minor changes, companies didn’t waste the funds on trying to get patents.

The utility design mechanisms go longer until two decades giving the individual a time frame as to when the mechanism was introduced. This, however, will not tell when the jewelry was made. Because the design patent is shorter people are given a smaller time frame to know when the jewelry was made. Another flaw of the patent system is that if the patent for a design lapsed the company could still use it.

In 1947 the copyright laws were modified slightly to allow jewelry manufacturers to give a copyright to their designs for a jewelry design patent. Since this was introduced, the need for patents decreases. The Trifari Company filed a case against Charel Jewelry company in 1955. They demanded that Charel Jewelry company stole their ‘bolero’ costume jewelry designs. As compared to patents copyrights is said to be more proficient and valuable since it could gain faster approval last longer and cost less. There is a small copyright symbol you can find beside the company’s name to show that they have a copyright on the jewelry.

Even though patents were eliminated, it still gave fascinating views in the past. The information was given by a dealer of handmade jewellery who used to trade in flower delivery NZ as well as vitamins supplements. He knows the patents of jewellery like the back of his hand.

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

Thursday, September 2nd, 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?

The registration of your trademark is only the beginning of the brand protection process. The act of enforcement also includes making sure that federal registrations are maintained. The Trademark Office requires periodic filings or they will cancel your registrations. Also, trademark owners must “police” their marks against unauthorized use or they risk losing valuable rights. It is important to teach authorized users to use the marks correctly as well as monitor their use. Many trademarks have been lost through neglect and failure to take simple steps to eliminate infringers.

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.  

Although his trademark claim may be limited, Ozzy likely has a separate but valid claim against Iommi if he has been exploiting Ozzy’s name, image, and/or likeness without consent and compensation. Record companies routinely have the right to use their artist’s name, image and likeness for purposes of recording sales, but for endorsements or other commercial use the rights typically remain with the individual.

Thus, the moral of the story is that the law does not care if your Ozzy Osborne or Joe Shmoe, register your band name with a federal trademark registration, and clarify ownership of the name to avoid a legal catastrophe

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What Ought To Be Done Through An Identity Theft Target?

Tuesday, August 24th, 2010

Criminals possess a unique method of stealing everything from all of us. More often than not, these people get the individuals info via the use of current technology developments as well as via people’s carelessness. In the event that all of us permit this particular theft to happen, we are the main one to endure. Besides the idea that we are losing exactly what we own, we will come with an aftershock associated with destroying exactly what we now have began, wrecking our own ethics as a individual as well as as a citizen.

Identity theft occurs whenever someone requires hold of particular personal information such as credit/debit card info, email address, or even total identify and address. Nicely, if you are the target associated with identity theft, there may be remorse but we must arm ourselves with some precautions in order to reduce the effect from the thieves to the life. This article will end up being dealing much more about exactly what should be done if you is going to be a target of identity theft.

Get a duplicate of your credit card report/bank statement. After you have thought that somebody is robbing funds from your back again, get in touch with the financial institution at once and request one of the most thorough credit/debit card statement. If you’re not really in to while using vehicle a lot, but there are some discrepancies involve using the charges about it, you do not just delay until everything that is actually in your funds are taken away from you. You have to equip your self so make it a point of looking at your own credit/debit card info report to keep an eye on your expenditures as well as getting rid of all options of identity theft.

Get the law enforcement involved. Once you have necessary documents to prove that somebody have used your identification and write unauthorized deal together with your back, phone the neighborhood law enforcement at once. At least you will have a back-up analysis concerning the character as well as the reason for the actual fraud.

Document the fraud alert to your back again records. Some banks will deep freeze your money for some time till all necessary analysis has been carried out. It is also important that you keep track of the development to know status as well as to make sure the case emerges ample attention.

Keep an eye on the information as well as records concerning the incident. That it’ usually a good idea to keep an eye on anything as well as everything that experienced happen and all sorts of the dealings that you have made before the fraud associated with thieves took place. Apart from you will show them all of the evidences about the fraud or theft, they will know that you’re really into looking the template on how and when did the actual fraud or theft happen.

This stuff might be minute one for you but the hazards are real. It is very needed for us to protect ourselves towards scams of identity theft. Because everything at this time tend to be electronic, we cannot forecast when and just how they will do this. Even though we will be vulnerable to discussing the same load, the 2nd period that we are obtaining the same problem, will arm ourselves in addition to guard this from taking place once again. View much more from http://www.blockingidentitytheft.com with regard to info.

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