#Corporate Property Advisors

[smithlee1221]

Property Advisory Services Melbourne | FVG Property

FVG Property offers professional property advisory services, helping clients navigate the real estate market with confidence. Their commercial property valuers in Melbourne provide accurate and reliable assessments.

[advocate-paresh-m-modi]

Free Legal Advice In Ahmedabad | Free Legal Advice Near Me In Ahmedabad । Free Legal Consultation In Ahmedabad | Advocate Paresh M Modi

[collapsedsquid]

The system has resulted in large rent increases that were previously unthinkable, according to RealPage's own executives. “As a property manager, very few of us would be willing to actually raise rents double digits within a single month by doing it manually," RealPage executive Andrew Bowen said. Arizona's lawsuit alleges that RealPage "puts significant pressure on participants to ensure they adopt RealPage’s prices." Specifically, RealPage employs "pricing advisors" who "meet with landlords to ensure that properties are implementing RealPage’s set rates." This is described by Arizona as "policing the conspiracy to make sure no one cheats by lowering prices and trying to gain market share." RealPage training materials, cited in the DC lawsuit, advise that landlords "should be compliant" with the software's pricing recommendations. The Arizona lawsuit claims that landlords "agree that if they fail to consistently implement RealPage’s set rates, their contract with RealPage will be terminated." Jeffrey Roper, who created the RealPage algorithm, explained that if "you have idiots undervaluing, it costs the whole system." According to DC's lawsuit, this practice shows that "while RealPage sought to grow the cartel to maximize profits, it also understood the importance of universal adherence and was willing to expel an occasional cartel member to demonstrate its commitment to enforcement of the agreed-upon pricing scheme." While the RealPage software eliminates the need for competitors to meet in a smoke-filled room, Arizona asserts that it "is still illegal… for competitors to join together decision-making power to raise, depress, fix, or stabilize prices—no matter the technology used to effect a price-fixing agreement."

[theambitiouswoman]

Hi!

Thanking for answering my ask,

If you don’t mind I would love it if you could get into the tax part, I just want to know as much as I can. 😆

Ok this is fun, prepare to have your mind blown.

I have to disclose that I am not a financial advisor or an accountant <3

Trusts: You want to consider purchasing the properties under a trust. Tax implications can vary under trusts. Revocable living trust will allow you to be treated as the owner, but in an irrevocable trust, it is a separate entity. In some structures, you would only pain capital gains, which can also be transferred to a separate trust, and you do not end up paying capital gains on the property. You do this with a charitable remainder trust. Generally, if a property is held in a trust, rental income generated from that property is typically subject to income tax. The trust itself may be responsible for paying those taxes, or the tax liability might pass through to the beneficiaries, depending on the type of trust and its specific provisions. This will change the amount you would pay in taxes. If the property was purchased as a primary home, there could also be capital gain exceptions depending on the trust. Your income affects the rates you pay on specific trusts. Before I continue, I want to suggest speaking to an actual attorney, not an accountant. Most are not knowledgable or equipped to properly guide you here. Same as with traditional, in a trust you can deduct property related expenses like mortgage interest, property taxes, maintenance costs, and depreciation, from the rental income. This can help reduce the taxable income generated by the property.

IRA's: You can use a self directed IRA or other retirement accounts to invest in real estate. The gain from these investments grow tax deferred within your account. This is something you should also consider doing.

Depreciating assets: Real estate can depreciate overtime. This doesn't include land. But when it depreciates, you can deduct the properties cost. This would offset the income you would pat taxes on.

1031 Exchange: Filing a 1031 will allow you to defer paying capital gains on an investment property when it's sold, as long as another "like kind" property is purchased with the profit gained from the sale.

Mortgage Interest Deduction: Interest paid on mortgages for investment properties can be deducted.

Carry Forward: If your expenses exceed your rental income, you could have a net loss. Some of these losses can be used to offset other taxable income, while others might be carried forward to future years.

Living in the property: If you live in the property for 2 years. you can exclude a portion of the capital gains from your taxable income when you sell.

Opportunity Zones: Opportunity zones offer tax incentives, including deferring and potentially reducing capital gains taxes.

Expenses: All repair expenses can be deducted.

Installments: You can structure your sale to receive payments over time. This spreads out the capital gains and reduces tax impact.

Tax Credits: There are a ton of tax credits for investors. Would research in your state.

More deductions: Interest on a mortgage for an investment property is typically tax deductible, as are property taxes and many other expenses related to the property like Insurance premiums.

Cost segregations: You can hire someone to reclassify certain areas of your property to accelerate depreciation. This will give you a significant upfront tax deduction.

Pass throughs: Certain pass through entities (like LLCs, S Corporations, and partnerships) may be eligible for a deduction of up to 20% of their business income from rental properties.

I can keep going on this, but strongly recommend you read these books:

Loopholes of the Rich: How the Rich Legally Make More Money and Pay Less Tax 

Tax-Free Wealth: How to Build Massive Wealth by Permanently Lowering Your Taxes 

[eeeecky]

Colour Correspondences

What is Colour Magick?

'Colour magick is using the colour spectrum and the intention of each colour to invoke its magical response,' says witch and art advisor Sarah Potter. To experiment with colour magick, you can place items of different colours around your home to help create different energies.

The Meanings of Each Colour

While each colour has general properties that most witches agree on, keep in mind that the most important aspect of any spell is you, and we all relate to colours in different ways. With that being said, feel free to experiment until you find what works best for you.

Yellow

This colour is associated with abundance and joy. When you're feeling down, dealing with depression, or just need a burst of sunlight in your life, use this colour as it naturally lifts moods and spirits due to its connection with the Sun. From ancient nature-based religions to modern-day practices, the Sun is literally a source of life.

Orange

Orange is similar to yellow and is linked to energy and enthusiasm. It is a bright and vibrant colour that evokes feelings of excitement. It is often seen as a colour that inspires action and creativity due to initial feelings of enthusiasm. Like yellow, orange is a warm colour, linked to feelings of warmth and comfort. Socially, orange is seen as an inviting and approachable colour. It is frequently used by brands to create a friendly, welcoming environment.

Red

Passion is usually associated with the colour red, and rightfully so. It's often used in love and seduction magick and is wonderful to add to your life if your sex life has been a bit lackluster, you want to attract a new lover, or simply want to feel like a sex god. If you’re in a long-term relationship, lighting red candles or sprinkling red roses over a bed promises a night of passion. Red can also symbolise anger, aggression, and fustration. It's sometimes used to represent strong emotions like rage or confrontation.

Pink

Pink is also a colour of love, but it's softer than red and great for self-care. You can also use pink to nurture relationships. Perhaps you and your partner have crazy hot sex and passion isn’t a problem, but you could use some help empathisng and understanding one another. Pink is incredibly healing, especially in matters of love. Pink is traditionally associated with femininity and is often linked to girls and women in many cultures. It has been used to represent softness, gentleness, and grace, and because of this, it often evokes a sense of innocence and youthfulness.

Purple

Historically, purple has been a symbol of royalty, wealth, and high status. This association stems from the rarity and expense of purple dyes in past times, making it a colour reserved for kings, queens, and aristocrats. On top of this, purple is often linked to the spiritual realm. It is seen as a colour that evokes a sense of intrigue and depth, and therefore linked to meditation, mysticism, and spiritual growth. Purple is also thought to stimulate creativity and inspire the imagination. It is often associated with artistic expression, innovation, and originality.

Blue

Like a calm day at the beach, blue is a colour of peace and protection. Blue is also associated with trustworthiness, reliability, and stability. It’s frequently used by businesses, especially in corporate settings, to convey professionalism and dependability. However, blue can also represent sadness or melancholy, as seen in the phrase 'feeling blue.' It is a colour that can evoke introspection and sometimes a sense of longing or sorrow.

Green

Green is the colour of Earth and growth. It represents life, renewal, and growth. Due to this natural connection, green is often linked to health, wellness, and vitality. It symbolised balance and well-being, and it is sometimes used to represent natural or organic products that promote good health. This means it also has symbolic ties to fertility, renewal, and the cycle of life. It represents new beginnings, and is often used in celebrations of rebirth, such as springtime. Green is frequently associated with wealth, abundance, and financial prosperity. This connection comes from the colour of money (especially in countries like the United States) and is often used in branding related to finance or success. In many cultures, green is considered a colour that brings good luck and positive energy. For example, it’s especially significant in Ireland, where it’s linked to the concept of good fortune, and in traditions like St. Patrick's Day celebrations.

Black

Black is often linked to power, strength, and authority. It is a colour used in professional settings to convey confidence, control, and seriousness. It is also the colour of many uniforms, corporate attire, and legal robes, symbolizing authority and respect. Black is commonly associated with death, darkness, and the end of life. It symbolises the absence of light and is often used in contexts related to death, such as in funeral rituals or Halloween. Because of this, black is associated with mourning and loss. It is often worn during funerals and is linked to feelings of sadness, grief, and remembrance of the deceased. In many cultures, black is associated with evil, negativity, and darkness. It can symbolise the darker side of human nature, the supernatural, or malevolent forces, especially in literature, film, and mythology.

White

White is useful in magick as it can act as a stand-in for any other colour. It's essentially a black slate. However, on its own, the colour is commonly linked with purity, cleanliness, and new beginnings. It is often seen as a symbol of a fresh start or a blank slate, representing moral integrity and unblemished virtue. It is also associated with peace and calmness, often evoking feelings of serenity and stillness. It is a colour that promotes relaxation and quietude, and it is frequently used in contexts related to meditation or peaceful environments.

How to use Colour Correspondences

Using Colours in your Space

The colours in your environment can influence your energy and mood. Decorate your area with intention and surround yourself with colours that support your goals or desired outcomes. Easy ways to do this include having candles in specific colours is a simple yet powerful way to invoke the energy of that colour, or wearing items of clothing that align with your goals.

Colour in Rituals and Spells

You can incorporate colour magick into spells or rituals to enhance their potency. To do this you can use coloured candles that associate with your intention for the spell. You can also match the colour of materials you use to the goal of your spell, for instance, write your manifestation for financial success on green paper, or use pink flower petals for a love spell.

Colours in Self-Care

This is a very simple way of using colour correspondences in your everyday life. Using red lipstick can attract new lovers, painting your nails green can make money flow into your hands, or you can add colour to your bath by using salts, oils, or candles to invoke different environments for your bath time.

Refrences

'Colour Correspondences' https://www.everywitchway.co.uk/knowledgebase/candle-colour-correspondences/index.phtml

'Beginner's Guide to Spell Candle Magick and Colour Correspondences' https://forestofwisdom.com.au/blogs/into-the-forest/beginner-s-guide-to-spell-candle-magick-and-colour-correspondences?srsltid=AfmBOorj9h-2n40eGi9YNSJwZQ2XCFR1EGtZYnm2iVq-vcqjbR34vteJ

'Colour Magic: A Witch's Guide to Colour Meanings and Energies' https://www.allure.com/story/color-magic-witchcraft-meanings-guide

[jeweled-blue-eyes]

Big question: After reading manhwhas, what do you think should be the qualities of being an Empress?

I mean you seem to have vast knowledge when it comes to historical manhwhas and you know the nuances of these kinds of stories

Sorry if this is confusing since it's hard question

leadership skills: assessing people, being able to assess the situation, empathy, charisma, recognizing potential, ability to deal with criticism, diplomacy, time management (set deadlines, single steps that have to be fulfilled by a certain date), ability to maintain an overview, to reduce narratives to the essentials, compromise and balance without betraying own values

foresight: keep track of the consequences of the events of your own decisions over the years, which results and which resistances you have to pay attention to

moral recognition

become a role model to the younger generations

promote the arts and culture -> strenghtens social cohesion

be able to communicate a vision

centering power into a collective centre of power

gain credibility by keeping promises, holding yourself accountable for your words and actions

just in rewarding and punishing

formulate clear unambiguous laws that are really enforced for all, must abide by these laws themselves

write a constitution, protect fundamental rights that even a state ruler cannot cross under any circumstances

highly educated (STEM subjects + foreign language & culture + social science, understanding regularities of social developments)

generalist, business management

tough on property crime as it destroys the entire social structure

free healthcare

implenting educational reforms: free of charge, availible to children from all classes and any ethnicity, banning corporal punishment

build schools, train teachers, get kids off the streets into homes

fighting corruption, corruption in higher education such as bribery, embezzlement, fraud, extortion, favoritism, nepotism etc. etc.

don't lower the level of education and make cheating easy, this is how you get doctors who make diagnostic errors, professional negligence and medical malpractice.

a good spy-network (secret service)

win the respect of the military. It is much harder as a female ruler in a patriarchial country. There are extreme ways such as participating in the war by yourself just like a male ruler would, symbolic participation, power through father or husband, impress through a brilliant military strategy during meetings while also listening to the advice of the elders or arranging a clever marriage to the commander of your army/ a powerful man respected by the military

keep the peace while maintaining the strength of the army. involve the army in disaster assistance, send military observers / elite groups to certain hot spots in the world so that they won't miss out on real war experience, military drills will never be a substitute for a fight between life and death

create sophisticated infrastructure: a vast network of roads, aqueduct (water supply), public baths, sewer system

has ideally lived a while among the commoners to understand the soul of the common people and their most urgent needs

alternatively travelled

forms connections and maintains relations with allied countries: marriage arrangements, warding of foreign noble children, gifts, military support, trade, academic exchange...

protects legacy: mentor the heir + create a safety net of trusted advisors + establish social institutions that are responsible for specific structural tasks and operate independently of private interests. So that what you have created in your lifetime will not be destroyed in another lifetime. For example if there happens to be a tyrant born into your family.

the final long-term goal should always be to get rid of the monarchy eventually

[grassangel]

One of the things that annoys me about billionaire romance/power fantasy books, as a lower-middle class kid who had the fortune to go to semi-private Montessori schools and thus knew upper class kids and is fortunate enough to have inherited some wealth from my deceased dad, is the lack of visible infrastructure to maintain or increase that wealth.

Like yeah, most of it will be invisible or done by people hired by the protagonist but only sometimes will there be a mention of a financial advisor such as an account or bank manager. (Both of which by the way, are not what people with millions of dollars would use as financial advisers. At least not solely.) Wealth management as a service like legal advice, security, household staff (ie cleaning, cooking, landscaping & household maintenance), personal assistance (ie secretarial, health, exercise & nutrition; hair, makeup & clothing) and public relations, where a whole team is involved, is rarely if ever mentioned. There's almost certainly no active management mentioned, just what's in the bank and maybe whatever investments in stocks, businesses and properties a character owns. There aren't discussions about seeking higher returns through private equity or claiming a loss on devaluation of an asset purposefully bought to lower their income (on paper) for tax purposes. There aren't characters talking about how they'll vote at the annual meeting for shares held in direct ownership because they want a board member ousted, or directing their custodian to vote that way. No discussions about the tax rates of investments held in trusts vs held by shell corporations vs held in their name, nor the privacy benefits of the first two.

I know billionaire romances are just fantasy and most people don't care about the economics of wealth, just the projected image of it.

But I think it is morally correct for such authors to do at least a little research into the wealth management of the rich by reading articles like this Financial Times one, and rip away the curtain a little bit to show their readers how billionaires actually obtain their high scores in money. Because it's definitely not through hard work.

[scbhagat]

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Resolving double taxation issues Filing income tax returns for NRIs Advising on property and investment taxation Why Income Tax Advisors in Delhi are Essential Delhi, being a bustling hub for businesses and professionals, requires expert tax advisory services. Engaging an experienced income tax advisor like SC Bhagat & Co. offers numerous benefits:

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[corporate-advisors]

Reliance Corporate Advisors (RCA) is a leading professional service firm in Nepal, offering legal services and financial advisory from top lawyers and Chartered Accountants.

INTELLECTUAL PROPERTY AND TRADEMARKS IN NEPAL: PASSING OFF

1. INTRODUCTION

1.1. A significant purpose of trademark registration is protection of your brand in a competitive marketplace whereby your registered trademark provides a unique and distinguished identity to your products or services.

1.2. Section 2(c) of the Patent, Design and Trademark Act, 2022 (1965) (the “PDT Act”) defines a trademark as a word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or service of others.

1.3. All trademarks registered as per the PDT Act are entitled to protection from passing off and infringement. Section 16(2) of the PDT Act explicitly prohibits the copying or unauthorized use of a registered trademark without ownership transformation or written permission pursuant to Section 21 D of the PDT Act.

1.4. Section 19 of the PDT Act imposes penalties for illegal passing off and infringement, including fines and confiscation of goods, based on the gravity of the offense.

1.5. The Trademark Directives, 2072 (2015) (the “Trademark Directives”) ensure further protection to registered trademarks which are as follows:

1.5.1. To freely use the trademarks registered in their name.

1.5.2. To prevent other firms or companies from using the same trademark without permission in a manner that may cause confusion through display, viewing, speaking, hearing or other presentation.

1.5.3. To grant permission for trademark use to other firms or companies under certain conditions for a specific duration.

2. PASSING OFF AS THREAT TO TRADEMARKS

2.1. The Department of Industries (the “DOI”), a quasi-judicial industrial property authority under the Ministry of Industry, Commerce, and Supplies in Nepal, is responsible for the regulation and protection of all registered trademarks.

2.2. Any allegations of trademark infringement or passing off can be brought before the legal division of DOI. DOI has the authority to conduct hearings and issue rulings akin to those of a District Court in the country. Moreover, if parties are dissatisfied with the DOI’s decision, they have the option to appeal such decision to the High Court and eventually to the Supreme Court of Nepal, if such appeal meets the criteria of law.

2.3. Despite statutory provisions and legal precedents upholding trademark rights, Nepal faces significant challenges with trademark infringements and passing off cases.

2.4. Passing off occurrences, especially with well-known trademarks, are increasing, posing a threat to consumer rights and intellectual property protections.

2.5. “Well-Known Mark” has been defined under Section 2(f) of the Trademark Directives as a mark specified by the Government of Nepal (“GoN”) to be well-known. Nevertheless, as of the present date, GoN has neither released nor clarified the criteria for recognizing a well-known mark. This leaves the definition open to interpretation by the courts and DOI; some instances of courts interpretation have been discussed in paragraph 5 below.

2.6. While case precedents protect well-known trademarks, the lack of clear legal provisions raises doubts and potentially deter multinational corporations from trusting brand protection in Nepal.

3. WHAT CONSTITUTES AS PASSING OFF?

3.1. A trademark passing off is said to have occurred when a party, typically a business or individual, misrepresents their goods or services in a way that creates confusion or deception amongst the consumers, leading them to believe that the goods or services are associated with another party’s established trademark.

3.2. Goodwill, built through consistent branding, production, and advertisement, is a crucial element in passing off cases. When another competitor passes off on this goodwill of another trademark, the consumers are the ones who must face the direct hit as they might end up with subpar products or services under the mistaken belief that they are associated with the legitimate brand.

3.3. Lord Langdale MR, in the case of Perry v Truefitt, said that “a man is not to sell his own goods under the pretence that they are the goods of another trader”.

3.4. From interpretation and as a matter of practice to establish passing off, certain key elements need to be present such as:

3.4.1. The existence of goodwill: Claimant has to showcase the goodwill or reputation that they have built around its brand through its consistent branding, production, supply, and advertisement in a particular market or amongst a niche of consumers.

3.4.2. Misrepresentation: A clear misrepresentation from the alleged infringing party has to be demonstrated, that could deceive or confuse consumers into believing that.

3.4.3. The likelihood of confusion.

3.4.4. Actual or potential damage.

3.5. For instance, producing and selling a cold drink with its packaging, symbols, words, and colour combinations like that of Sprite, (a well-known trademarked soft drink product), with just a few tweaks and changes of letters or adding prefixes or suffixes on the mark construes as passing off.

4. WHAT ARE THE REMEDIES ONE CAN SEEK AGAINST PASSING OFF?

4.1. As a first rule of the thumb, to ensure the protection of a trademark, the crucial step is its registration with DOI. As outlined in Section 21B of the PDT Act, “The title to any patent, design or trademark registered in a foreign country shall not be valid in Nepal unless it is registered in Nepal by the concerned person.” This implies that trademarks registered in foreign jurisdictions, even those within the state parties of the Paris Convention for the Protection of Industrial Property, 1883 (the “Paris Convention”), will not enjoy protection in Nepal unless they are registered locally.

Note: Internationally, recognized well-known marks, as evidenced in case laws (discussed in paragraph 5, below), receive certain protection due to their widespread popularity. However, such protections cannot be guaranteed for well-known marks, if unregistered.

4.2. As per law, the DOI must facilitate the registration of trademarks from foreign countries without conducting elaborate inquiries if an application is filed along with relevant certificates of registration in the foreign country. This is in alignment with the provisions of the Paris Convention, as per Section 21C of the PDT Act.

4.3. However, as a matter of practice DOI conducts its regular investigation (as applicable for local trademarks) even if prior filing right is claimed as per the provision above.

4.4. After the registration of a trademark, if an entity attempts passing off an already registered trademark, an opposition claim can be filed at the Law Division of the DOI within 90 days of the publication of the mark in the Industrial Property Bulletin (“IP Bulletin”). This is in accordance with Section 21A(2) of the PDT Act.

4.5. Pursuant to Section 24(2) of the Trademark Directives, the opposition can also be filed in another language, provided that a notarized Nepali translation of the opposition claim is attached.

4.6. Upon the filing of the opposition, the DOI will refrain from issuing a trademark registration certificate for the opposed mark. The opposition will go through a similar process of litigation whereby the Parties will be called for hearings and the DOI will provide its decision on the opposed mark.

4.7. If either party is dissatisfied with the DOI’s decision, they have the option to appeal at the High Court within 35 days from the date of the decision.

4.8. On a different note, Section 25 of the Trademark Directives also provides administrative and judicial bodies for the enforcement of trademark rights. These are:

4.8.1. District Administration Office

4.8.2. Nepal Police

4.8.3. Customs Offices

4.9. These offices have been vested with the responsibility to work individually or collaboratively within their jurisdictions.

4.10. The collaborative efforts of the DOI and the mentioned administrative agencies can significantly enhance the protection of industrial property rights held by businesses, ensuring a healthy market environment for both consumers and competitors.

5. CASE LAWS RECOGNIZING THE PROTECTION OF WELL-KNOWN MARKS:

5.1. Kansai Nerolac Paints Limited v. Rukmani Chemical Industries Pvt. Ltd., NKP: 2077, Decision №10561.

5.1.1. Earlier, Rukmani Chemical Industries had registered the Kansai Nerolac Paint Nepal Pvt. Ltd. at the DOI, leading to the DOI prohibiting Kansai Nerolac Paints Limited, a Japanese multinational corporation, from using the Kansai Nerolac brand. Following an extensive legal battle in the DOI, High Court, and Supreme Court, the Supreme Court ruled in favour of Kansai Nerolac Paints Limited, establishing key principles:

5.1.1.1. “Deceptive similarity” is said to be constituted if a trademark or the words used are identical, or the trademark is displayed with modifications, such as the addition of prefix or suffix, creating a phonetic similarity with minimal dissimilarity and if presented in a similar manner at first glance.

5.1.1.2. Time limitation is not applicable for revoking the registration of a trademark if it is registered with bad faith or the registration process seems malafide.

5.1.1.3. Ownership and right over a trademark of a foreign company does not end only by virtue of the registration of such trademarks by a local company. Even after the registration of a mark copied from a well-known foreign mark by a local company, if the foreign company applies for registration of the mark at a later date, the registration in the name of the local company automatically ends.

5.2. Virgin Enterprises Limited v. Virgin Mobile Pvt. Ltd., 12 June 2023, Department of Industries

5.2.1. An opposition was filed by Virgin Enterprises Limited (“Virgin Enterprises”), a member company of the Virgin Group against Virgin Mobile Pvt. Ltd., a local company for the ownership on the mark “VIRGIN (and logo)”. Virgin Enterprises had registered their mark in Class 9 and 38 whereas the local company Virgin Mobile Pvt. Ltd. (“Virgin Mobile”) was seeking to register the mark in Class 35.

5.2.2. The DOI rejected the application of Virgin Mobile based on the following:

5.2.2.1. The “VIRGIN” mark has been registered and used by Virgin Enterprises in Nepal and other countries and thus is a well-known mark belonging to Virgin Enterprises

5.2.2.2. The mark in question, “VIRGIN (and logo)” did not appear to be the original creation of Virgin Mobile.

5.2.2.3. Virgin Mobile filed the application in bad faith.

5.2.2.4. Allowing registration of the mark in the name of Virgin Mobile will adversely affect the goodwill of Virgin Enterprises and cause confusion among consumers.

5.2.3. The DOI also reiterated its position that a well-known mark shall receive protection not only in the class in which it has been registered but also in other classes as well as in non-competing goods and services where the well-known mark does not have registration.

5.3. Six Continents Hotel Inc. V Holiday Express Travels and Tours Pvt. Ltd., 10 July 2023, Department of Industries.

5.3.1. An opposition was filed at the DOI by Six Continents Hotel Inc. (“Six Continents”) for their trademark “HOLIDAY INN EXPRESS” registered in Class 43 in Nepal against a local company Holiday Express Travels and Tours Pvt. Ltd. (“Holiday Express”) which had filed to register its mark “HOLIDAY EXPRESS TRAVELS AND TOURS (and logo)” in Class 35.

5.3.2. Six Continents opposed this application claiming that “HOLIDAY INN” marks are globally well-known marks and the application was filed in bad faith and can confuse the public.

5.3.3. The DOI made the following determination in the given case:

5.3.3.1. HOLIDAY INN marks have been registered and are used by Six Continents in Nepal and other countries and thus are well-known marks belonging to Six Continents.

5.3.3.2. Holiday Express’s proposed mark does not seem to be its original creation and the application has been made in bad faith.

5.3.3.3. Allowing registration of the “HOLIDAY EXPRESS TRAVELS AND TOURS (and logo)” mark to Holiday Express Nepal can adversely affect the goodwill of Six Continents and therefore shall cause confusion among consumers.

For more details go to: https://reliancecs.co/

[thatstormygeek]

Things are looking bad for Biden’s chances in the fall, and his handling of both the Gaza crisis and the related campus protest movement across the United States are both playing a major role. This is not a good thing. If Trump gets back to the White House, and I cannot repeat this enough, there is no reason to be confident that democratic institutions will survive, nor that he will ever willingly leave office again. More narrowly, Trump will further enable Israel’s worst behaviors and deepen Palestinian suffering. Trump, who has repeatedly described himself as the “most pro-Israel president” in American history, broke with decades of U.S. policy by recognizing Israel’s illegal annexation of East Jerusalem and the Golan Heights. As president, he announced a “peace proposal” (at a White House ceremony with Israeli Prime Minister Benjamin Netanyahu, and no Palestinian representatives) that would hand Israel even more of the West Bank, and create a rump, subservient Palestinian state whose borders, airspace, security forces, electromagnetic spectrum, and foreign relations would all be controlled by Israel. Since Oct. 7, Trump’s main advisors on the region — his son-in-law Jared Kushner and former ambassador to Israel, David Melech Friedman — have promoted the ethnic cleansing of Gaza, followed by a re-colonization of the land by Israeli settlers and U.S. and Israeli corporations. As Kushner put it: "Gaza’s waterfront property could be very valuable.” That should make my preferred outcome clear. The problem is — and I will keep banging this drum as long as I have to — Biden’s incoherence on Israel and Palestine is both morally unforgivable and bad political strategy. He is bleeding support not only from young people, Arab-Americans, and others incensed with his continued support for a genocidal war machine, but also from pro-Israel moderates and Never Trump conservatives who are enraged at his furtive and contradictory efforts to ever-so-slightly rein that war machine in. I’ll give more details about that incoherence below. For now, I’ll just say that by trying to make everyone a little happy, he is making no one happy, as the pile of Palestinian corpses grows at his feet.

Biden famously came out of semi-retirement to run for president because of the 2017 Nazi riot in Charlottesville — a riot whose white-nationalist participants Trump very clearly supported at the time. He declared in his 2020 election victory speech that “in this battle for the soul of America, democracy prevailed.” In other words, he ran what was in large part an antifascist platform, and won. Four years later, his rhetoric and examples are almost exactly the same. At that White House event last month to which I was inexplicably invited, Biden again invoked Charlottesville. And again he warned of Trump’s uniquely authoritarian impulses. The only sign that time had passed were new references to liberal internationalism, mostly about helping Ukraine “fight off Putin.” The juxtaposition was telling. Biden’s vision of antifascism seems to be twofold: 1) Keep electing Democrats, and him in particular. 2) Arm America’s allies to the teeth and use them to defeat anything that smacks of the emerging Russian-Chinese-Iranian “axis.” That seems to be it. There is no step three. That isn’t an antifascist politics in any sense worthy of the term. The fact that Trump is still the undisputed leader of a major political party — not only running in his third straight election but showing good odds of winning his first-ever national popular majority — is proof enough that the approach has failed. You can blame the kids and those “so vehemently opposed to Israel” as much as you want. But by monomaniacally focusing on electoral outcomes and a battle of personalities against Trump, Biden and those who unreflexively support him don’t just ignore the real causes of the rising wave of right-wing authoritarianism. They far too often concede the false premises on which that wave feeds itself. ... The question above was a response to my May 10 newsletter, in which I noted that Israel’s plans to barrel forward with an assault on Rafah — the refuge of half of Gaza’s population — had pushed Biden to take the rare and diplomatically aggressive step of “pausing” a shipment of 2,000-pound bombs and other ammunition to the IDF. To the specific issue of whether that symbolic action was enough to “appease” opponents of the genocide, clearly not: First because the slaughter has continued. And second, Biden almost immediately reversed himself: This week, he authorized the transfer of $1 billion worth of additional tank rounds, mortars, and “tactical vehicles” to the Israeli military, accompanied by advisors’ assurances that, indeed, “arms transfers are proceeding as scheduled.” That incoherence was further underlined by the overdue State Department report on Israeli human-rights violations to Congress last week. The assessment, delivered in a Friday evening news dump, revealed “serious concerns” that Israel had violated international humanitarian law in both the killing of civilians and aid workers, had created obstacles for the delivery of humanitarian aid (up to and including literally bombing aid convoys from the sky), and was providing “limited information” as to “whether U.S. munitions were used in incidents involving civilian harm.”

The campus protests would have been another opportunity for Biden to show his commitment to democratic and pro-social ideals. I’m not saying he had to support the protesters or their aims — they are, after all, in large part protesting him. But no one made Biden take the further step of employing reactionary talking points about the protests being fonts of antisemitism and supposedly genocidal rhetoric, or repeating memeified claims about “Jewish students” being “blocked, harrassed, attacked, while walking to class” — questionable claims that have been weaponized to justify state and vigilante violence against demonstrators exercising their First Amendment rights. [2] Biden repeated those claims on May 7, Israeli Holocaust Remembrance Day. Yet he said nothing about the weeks of wanton anti-demonstrator violence by both police and unhinged pro-Israel counterprotesters. In fact, instead of condemning the episodic police state, he is pushing a new plan to funnel $37 billion more to police departments and hire 100,000 more cops. The political problem here should be obvious. How do you explain to a student who just watched, say, the NYPD throw their friends down a flight of stairs for participating in a nonviolent protest — acts committed without so a peep of condemnation from the president — that a vote for him is a vote against fascism? Nor is Gaza the only place Biden and the Democrats keep undermining their claim to being the antifascist party. The president has repeatedly pleaded with Trump to work with him in passing a MAGA-like immigration bill: one that prioritized enforcement, detention, and “shutdown” measures over, for instance, pathways to citizenship for undocumented migrants or those who came as children. When Trump didn’t take Biden’s obvious political bait, the president tried running even further to his right. Biden can insist, as he did at the State of the Union, that he “will not demonize immigrants” or endorse Trump’s Hitlerian cant about “poisoning the blood of our country.” But by adopting reactionary fearmongering about the need to “secure the border” above all else, all that remains of a message to voters is that even squishy libs think the fascists have a point about immigration — it’s just that they aren’t willing to do more to stop it. ... Biden had many chances to consolidate his gains over authoritarianism in the last four years. He could have expended his political capital in ending the undemocratic filibuster and pushing through the John Lewis Voting Rights Act. His attorney general, Merrick Garland, could have operated on a timetable that would have ensured that Trump faced justice for his attempts to steal the 2020 election and, having failed those, attempting to violently disrupt Congress to prevent the certification of his defeat. He could have denounced crackdowns against student protesters as a violent abrogation of democratic ideals. Instead, Biden’s signature legislative accomplishment in what could be the last year of his presidency is a $95 billion package to further implicate himself and the country in deadly foreign wars, including Gaza, as well as ban the most popular social media app used by young people to inform themselves about the world, in probable violation of its users’ civil rights. In short, defeating Trump in November may be a necessary step in the effort to stem authoritarianism. But it will not be a sufficient one. And until the sitting president and his liberal base start to understand and act on that realization, the tide will only continue to rise.

[bjrcrecruiting]

Expert Tips for Conducting a General Counsel Search in Toronto

Finding the right General Counsel (GC) is a critical decision for any organization. This key executive role not only shapes a company's legal strategy but also contributes to overall business decisions and risk management. Conducting a successful General Counsel search in Toronto requires a strategic and thorough approach.

As a leading firm in legal executive search in Toronto, BJRC Recruiting offers expert insights into the process. Here are our top tips to ensure you hire the best legal executive for your organization.

Understanding the Role of General Counsel

Before diving into the search process, it’s crucial to understand the multifaceted role of a General Counsel. The GC serves as the chief legal advisor to the organization, managing both the in-house legal team and external counsel. Their responsibilities often include ensuring compliance with laws and regulations, overseeing litigation, advising on mergers and acquisitions, and contributing to corporate governance.

Defining the Job Requirements

The first step in successful General Counsel hiring in Toronto is clearly defining the job requirements. This involves:

Legal Expertise: Identify the specific areas of legal expertise required, such as corporate law, intellectual property, or regulatory compliance.

Experience: Determine the necessary expertise level, including years of practice and previous roles in similar industries.

Soft Skills: Emphasize essential soft skills such as leadership, communication, and strategic thinking.

Cultural Fit: Consider the candidate’s ability to fit into your organization’s culture and work effectively with senior management.

Partnering with a Legal Executive Search Firm

Engaging in a specialized legal executive search in Toronto can significantly enhance your chances of finding the right candidate. BJRC Recruiting has extensive experience in legal placements and a deep understanding of the Toronto market. Here’s how partnering with a search firm can benefit your organization:

Access to a Wider Talent Pool: Executive search firms have extensive networks and can reach candidates not actively looking for new opportunities.

Expert Screening: Experienced recruiters can efficiently screen and evaluate candidates, ensuring that only the most qualified individuals are presented.

Confidentiality: Maintaining confidentiality during a GC search is crucial. A search firm can handle sensitive aspects discreetly.

Crafting a Compelling Job Description

A well-crafted job description is essential to attract top-tier candidates. It should be concise, highlighting your organization's unique aspects. Include:

Company Overview: Provide a brief introduction to your company, including its mission, values, and culture.

Role Summary: Summarize the key responsibilities and expectations for the General Counsel role.

Qualifications: List the required qualifications, including educational background, legal expertise, and relevant experience.

Benefits and Opportunities: Highlight the benefits of working with your organization, such as growth opportunities, work-life balance, and competitive compensation.

Leveraging Multiple Sourcing Channels

To reach the best candidates, leverage a variety of sourcing channels. This includes:

Professional Networks: Utilize your network and encourage referrals from trusted contacts within the legal industry.

Online Job Boards: Post the job on reputable legal job boards and professional association websites.

Social Media: Use platforms like LinkedIn to promote job openings and connect with potential candidates.

Recruitment Firms: Partner with specialized recruitment firms like BJRC Recruiting to tap into their extensive candidate databases and networks.

Conducting Thorough Interviews

Interviewing candidates for a General Counsel position requires a well-structured and thorough approach. Consider the following steps:

Initial Screening: Conduct initial phone or video interviews to assess the candidate’s qualifications and interest in the role.

In-depth Interviews: Arrange in-depth interviews with key stakeholders, including senior management and board members. Focus on assessing both technical expertise and cultural fit.

Case Studies and Assessments: Provide candidates with case studies or hypothetical scenarios to evaluate their problem-solving skills and legal acumen.

Behavioural Interviews: Use behavioural interview techniques to gain insights into candidates' past experiences and how they’ve handled challenging situations.

Evaluating Cultural Fit

Cultural fit is a critical factor in the success of a General Counsel. Assessing cultural fit involves understanding the candidate’s values, work style, and how they interact with others. During the interview process, consider:

Team Dynamics: Evaluate how the candidate interacts with existing team members and other executives.

Company Values: Discuss the candidate’s alignment with your company’s values and mission.

Leadership Style: Consider whether the candidate’s leadership style complements your organization’s management approach.

Checking References and Backgrounds

Conducting thorough reference checks and background investigations is essential to validate the candidate’s credentials and suitability for the role. This includes:

Professional References: Speak with former colleagues, supervisors, and direct reports to gather insights into the candidate’s performance and character.

Educational Verification: Verify the candidate’s educational background and legal qualifications.

Background Check: Conduct a comprehensive background check to ensure there are no red flags that could impact their ability to perform the role effectively.

Making a Competitive Offer

Once you’ve identified the ideal candidate, making a competitive offer that reflects their value to your organization is crucial. Consider:

Competitive Compensation: Offer a compensation package that is in line with industry standards and reflects the candidate’s experience and expertise.

Benefits Package: Include attractive benefits such as health insurance, retirement plans, and professional development opportunities.

Onboarding Plan: Develop a comprehensive onboarding plan to ensure a smooth transition and set the new General Counsel up for success.

Conducting a General Counsel search in Toronto requires a strategic and thorough approach. By clearly defining job requirements, leveraging multiple sourcing channels, and conducting comprehensive interviews, you can identify and hire the best legal executive for your organization.

Partnering with a specialized legal executive search in Toronto, like BJRC Recruiting, can further enhance your search process, ensuring you find a General Counsel who meets your legal needs and aligns with your company’s values and culture. With these expert tips, you’ll be well on your way to making a successful and impactful hire.

Know more https://bjrcrecruiting.com/2024/07/17/expert-tips-general-counsel-search-toronto/

[smithlee1221]

Corporate Property Advisors | Property Advisors Melbourne | FVG Property

FVG Property provides experienced advice in corporate property matters. Our professional consultants give insightful and personalised advice to assist businesses in navigating the intricacies of the property market.

[datoyaukokseng]

Know More About Dato Yau Kok Seng

An accomplished Business Leader and Corporate Advisor

Dato Yau Kok Seng is an esteemed business leader with a remarkable career spanning over four decades. With a solid foundation in audit and corporate advisory gained during his tenure at Ernst & Young, he honed his expertise in Kuala Lumpur and the United Kingdom. As a key member of the senior management team at the renowned Sunway Group, he played a pivotal role in transforming the organization into a prominent conglomerate.

During his tenure as the Managing Director of Sunway Holdings Berhad from 2001 to 2011, Dato Yau Kok Seng showcased his exceptional leadership abilities and strategic acumen. Under his guidance, Sunway Holdings Berhad flourished, achieving new heights of success in various sectors. His visionary approach and commitment to excellence were instrumental in steering the company toward sustained growth and profitability.

Following his tenure at Sunway Group, Dato Yau Kok Seng assumed the role of Group Managing Director of Hong Leong Industries Berhad from 2011 to 2013, where he continued to demonstrate his exceptional leadership qualities. He then served as the Group Chief Executive Officer of Tropicana Corporation Berhad from 2013 to 2017, spearheading the transformation of the company into one of Malaysia's most prestigious property conglomerates. His strategic decisions and unwavering dedication significantly contributed to Tropicana's remarkable success and reputation in the industry.

Dato Yau Kok Seng’s entrepreneurial spirit led him to found Mama Net South East Asia, an associate of Mamawang China. This visionary endeavor quickly rose to prominence, ranking as the number one platform for maternal education content and community engagement.

Currently, Dato Yau Kok Seng holds several prominent positions in the corporate landscape. He serves as the Chairman of Healthcliqs, a cutting-edge B2B digital healthcare marketplace platform that commenced operations in early 2020. Additionally, he holds the role of Deputy Chairman at Beverly Wilshire Medical Center, showcasing his commitment to advancing the healthcare sector. As the Chairman of Esther ML Postpartum Homes Sdn Bhd, Dato Yau Kok Seng continues to prioritize the well-being of individuals and families during the postpartum period.

Dato Yau Kok Seng's extensive expertise and insightful counsel have positioned him as a highly sought-after corporate advisor to numerous listed property companies in Malaysia. His profound understanding of the industry, coupled with his strategic mindset, enables him to provide invaluable guidance and contribute to the growth and success of these organizations.

A distinguished professional, Dato Yau Kok Seng is a Chartered Accountant and a member of both the Malaysian Institute of Accountants (MIA) and the Malaysian Institute of Chartered Public Accountants (MICPA). His notable contributions extend beyond his individual roles, as evidenced by his active involvement as an EXCO member of the Federation of Public Listed Companies from 2008 to 2017. In this capacity, he engaged in dialogues with Bursa Malaysia and the Malaysian Securities Commission, playing a pivotal role in shaping the development of capital markets in Malaysia.

Dato Yau Kok Seng's unwavering dedication, extensive experience, and profound expertise make him an exemplary leader, sought-after corporate advisor, and a driving force behind the success of organizations across various industries. With his visionary mindset and exceptional track record, he continues to shape the landscape of the business world in Malaysia and beyond.

[licit360]

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