#Property division lawyer

[familylawyertexas]

The Dallas housing market has been on a meteoric rise over the past few years, with property values increasing at a rate that has surprised even seasoned real estate experts. While this growth has been a boon for homeowners and investors, it has also added a layer of complexity to the already challenging process of property division during a divorce.

[advparthraval]

Best Intellectual Property Lawyer in Ahmedabad

Looking for expert legal assistance in Ahmedabad for intellectual property matters? Advocate Parth Raval boasts top-rated intellectual property lawyers dedicated to safeguarding your creative assets. With a wealth of experience and a deep understanding of IP law, our team provides comprehensive legal solutions tailored to your needs. From trademark registration to patent protection, we offer strategic counsel and representation to protect your innovations. Trust Advocate Parth Raval for reliable, efficient, and results-driven legal services in Ahmedabad's dynamic intellectual property landscape. Contact us today to secure your intellectual property rights with confidence.

Website: https://www.advocateahmedabad.in/intellectual-property-lawyer-ahmedabad.html

[gottlieblawfirm]

Property Division Lawyer - Gottlieb Law Firm

Gottlieb Law Firm: The Family Law Act addresses the allocation of family assets in the case of a divorce. The equal contribution of each partner to the marriage is acknowledged when it ends. According to the law, whatever property that a spouse acquired during the marriage and has at the time of separation shall be shared equally between the parties.

[dandalaw1]

Dansker & Aspromonte Associates LLP

Dansker & Aspromonte Associates LLP provides expert legal representation in family law and divorce cases. Our experienced attorneys offer compassionate, personalized services to help you navigate complex legal matters with confidence. Contact us today for a consultation. Log on to https://www.dandalaw.com/

[harleyrrojar]

University Park Property Division Legal Support

Seeking a Property Division Lawyer in University Park? Orsinger, Nelson, Downing & Anderson, LLP offers expert legal counsel for property division matters.

[familylawinphiladelphia]

Navigating Property Division: Understanding the Responsibilities of a Divorce Lawyer

Divorce is an emotionally and complex charged process that involves the dissolution of a marriage and the division of assets and liabilities acquired during the marriage. Among the most vital critical aspects of divorce is property division; in this context, divorce lawyers play a pivotal role. Discover the roles and responsibilities of a divorce lawyer regarding property division, shedding light on the intricate legal processes and considerations that guide their actions.

Asset Identification

Divorce lawyers work closely with their clients to identify all marital assets. This process involves cataloging everything from real estate and vehicles to bank accounts, investments, retirement accounts, and personal possessions. The thoroughness of this step is crucial, as any assets must be included in the property division process.

Valuation of Assets

Once all marital assets are identified, divorce lawyers help their clients determine the value of these assets. This may require the assistance of appraisers or financial experts, especially when dealing with complex assets like businesses, stocks, or real estate. Accurate valuation is essential for equitable property division.

Classification of Assets

Assets are typically classified as marital or separate property. Marital property consists of assets acquired during the marriage, while individual property includes assets owned by one spouse before the wedding or received as gifts or inheritances during the marriage. Divorce lawyers play a vital role in ensuring that assets are correctly categorized.

Equitable Distribution

In many jurisdictions, the goal of property division is equitable distribution, which doesn't necessarily mean equal division. Divorce lawyers advocate for their clients' interests while striving for a fair distribution based on various factors, such as the duration of the marriage, each spouse's financial contribution, and their respective needs.

Negotiation and Mediation

Divorce lawyers often negotiate or mediate to reach property division agreements outside of court. This approach can reduce the emotional toll of litigation and also saves time. Lawyers use negotiation skills to secure favorable client outcomes while seeking compromise and resolution.

Litigation Representation

In cases where negotiation or mediation fails, divorce lawyers provide representation during litigation. They present evidence, argue legal points, and advocate for their clients' interests in court. This can include introducing a case for an equitable division of assets based on legal principles and precedents.

Debt Division

Property division doesn't only involve assets but also liabilities. Divorce lawyers assist in the equitable distribution of debts, ensuring that each spouse is responsible for an appropriate share of marital debts and that individual obligations remain with the party who incurred them.

Tax Implications

Property division can have significant tax consequences. A divorce lawyer for property division works to minimize these tax implications by structuring settlements and agreements tax-efficiently. They may collaborate with tax experts to ensure clients understand and address potential liabilities.

Post-Divorce Compliance

Even after the divorce is finalized, divorce lawyers have responsibilities related to property division. They ensure all agreements are executed as planned, including transferring titles, assets, or financial obligations. This ongoing support helps clients achieve the intended outcomes of the property division.

Divorce lawyers are more than legal professionals; they are advocates for their client's rights and interests during the challenging process of property division. Their responsibilities encompass legal expertise, asset identification and valuation, equitable distribution, negotiation, litigation representation, and more. Through their guidance and advocacy, divorce lawyers play a critical role in achieving fair and just property division outcomes for their clients during the divorce period.

[legalservices-ks]

Legal Services For Family Problems

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[lawyerkarunasharma]

How does property division work in a divorce case?

Source: Canva

Going through a divorce can be an emotionally challenging time for any individual. And when it comes to property division, things can become even more complicated. In India, property division is governed by several laws and regulations, and it is crucial to have expert advice to ensure a fair and just settlement.

This article will discuss the essential aspects of property division in Indian divorce cases and provide expert advice on navigating the process.

Understanding Property Division Laws in India

Property division in India is governed by various laws, depending on the couple’s religion. For example, Hindus, Sikhs, Buddhists, and Jains are governed by the Hindu Marriage Act of 1955, while Muslims are governed by the Muslim Personal Law (Shariat) Application Act of 1937.

The laws governing property division in India are complex and can vary depending on the case’s specific circumstances. Factors such as the length of the marriage, the type of property, and the parties’ financial status can all play a role in determining the final settlement.

Here are some expert tips for property division in Indian divorce cases:

Understand Your Rights: Before entering into any negotiations, it is crucial to understand your rights and entitlements. A lawyer can help you understand the legal provisions and ensure you are not short-changed.

Be Open to Negotiation: While it is essential to understand your rights, it is equally important to be open to negotiation. A fair settlement is agreeable to both parties and considers the case’s unique circumstances.

Consider the Tax Implications: Property division can have significant tax implications, and it is essential to consider these when negotiating a settlement. A good lawyer can help you understand the tax implications and ensure that the settlement is structured in the most tax-efficient manner.

Seek Professional Valuation: To ensure a fair settlement, it is essential to have an accurate valuation of all the assets involved. A professional valuation can help ensure that the settlement is based on the correct value of the assets.

Conclusion

In conclusion, property division can be a complex and challenging aspect of any divorce case in India. However, with the right expert advice, navigating the process and achieving a fair and just settlement is possible. If you are going through a divorce and have concerns about property division, it is essential to seek the advice of a qualified lawyer specializing in family law. By doing so, you can ensure that your rights are protected and that you receive the settlement you are entitled to.

Looking for expert guidance on property division during the divorce? Contact Karuna Sharma, your trusted divorce lawyer, today! Visit https://karunasharma.com/divorce-lawyer/ or call +918851459843 to schedule a consultation. Don’t navigate this complex process alone. Let Karuna Sharma help you get the settlement you deserve.

@This Article is published on Medium

@And borrowed from "https://medium.com/@karunasharma21423/how-does-property-division-work-in-a-divorce-case-5affeb732b61".

[advparthraval]

Best Property Lawyer Ahmedabad - Advocate Parth Raval

Need help navigating Property Lawyer in Ahmedabad? Advocate Parth Raval offers expert legal assistance for all property-related issues. He ensures a smooth process from reviewing documents and contracts to handling disputes and compliance. With a high success rate and clear communication, Advocate Raval is the trusted name in property law. Whether buying, leasing, or resolving conflicts, his team provides personalized attention and transparency at every step. Website: https://www.advocateahmedabad.in/property-lawyer-ahmedabad.html

[walialawfirm]

https://drive.google.com/file/d/1i14SgYkyCnOptrelIBa9550uTRkicCuD/view

[ysmtttty]

Red Ferrari

Chapter 3

Azris AU, where Azriel is a mechanic and has his own service station. One day, Eris comes there because something is wrong with his car. AO3 Chapter 2 Chapter 4

Eris thought that the next morning wouldn't be as terrible. Yes, he had left a lot of paperwork for today to avoid distractions last night, and yes, he already regretted it because the amount of work seemed unreal. And the whole morning felt worse than a hangover, which he didn't even have today.

Maybe life hated him. How else could he explain the calls he had been receiving on his phone for the past two hours from people he would be more than happy to erase from his life forever, and for some reason, two of them had the surname Vanserra.

Then the terrible morning continued with an annoying client who wouldn't stop trying to use all his connections to ensure Eris was his lawyer in court, despite Eris having said three times that he had no interest in the case.

How ironic that this case was a divorce, where the client was trying to do everything possible to leave his wife with absolutely no money, leaving her and the kids with nothing. Eris had defended many dubious people throughout his career. When you're young and trying to break into a very competitive work environment, you don't get to choose your cases. Over the past seven years, he had earned the title of the devil's advocate in certain high society circles precisely because he defended, and defended perfectly, many dubious people.

However, this particular case disgusted him. Maybe because of its irony, as he was going through the same thing right now. Fortunately, he had no kids who would undeservedly be caught in this mess. In general, helping some offended jerk keep his yacht and penthouse, leaving the kids homeless, was not something Eris intended to do.

He ran a hand through his already tousled hair, leaning his elbows on the wooden desk, which was chaotic with various documents. Some of them were work, but most were property division contract options. You'd think, being a savvy lawyer, he would have thought of a prenuptial agreement before the wedding, but everything changes when the wedding is arranged, meaning they weren't supposed to divorce at all.

Yet here he was, ignoring calls from his ex-wife, who was actively trying to take as much money as possible.

His grim mood was interrupted by the timely entrance, as always without knocking, of Lucien, carrying two paper cups of coffee, one of which he handed to Eris.

“Tell me,” he said, settling into the comfortable armchair by the panoramic window. A few years ago, during renovations, Lucien had insisted on helping choose the furniture. It turned out he had only helped choose the armchair, on which he often sat whenever he felt like barging in his brother’s office.

“About what?” Eris asked tiredly, rubbing his eyes, which were already sore from looking at countless documents and contracts.

“How did your date go last night, of course! Do you expect to just leave your younger brother in the dark and get away with a simple 'fine' over the phone?”

Eris rolled his eyes. His younger brother had too much free time. Way too much.

“It went well, I suppose,” he said, taking a sip of coffee – good coffee from his favorite café nearby. Well, maybe Lucien wasn't as annoying with his unceremonious habit of barging into his office like it was his home and gossiping.

“And more details?”

Eris sighed. He didn't know how to explain what last night was. Freedom? Something completely new, incomprehensible, simultaneously attractive and frightening. Azriel seemed like pleasant company. Despite the rudeness and habit of taking everything defensively, he was easy to talk to. Very easy.

So much so that at some point in the evening, Eris found himself not thinking before saying something. In a frightening way. He always thought ahead. Eris was used to calculating everything down to the smallest detail, every phrase, every word, used to planning strategies and strictly following them, ruthlessly eliminating any possible risks that could undermine that strategy.

However, yesterday was different. Maybe he was just desperate – tired of the daily routine, in which he earned a living by saying the right word. Tired of expecting a knife in the back from every acquaintance in his circles, because with the number of enemies he had made over the years, it was quite expected. Tired of the need to be a bastard because he was in a world of bastards.

Azriel was different. With Azriel, Eris didn't feel the need to be someone; he just was… Eris. A strange feeling considering that in recent years he had been absolutely certain of who he was – the devil's advocate who ruined reputations, lives, careers, who knew every loophole in the law, who built his business and would protect it fiercely. But yesterday he felt different.

Azriel was genuine, as much as it was possible. A stark contrast to those Eris dealt with regularly. Maybe it was this sincerity that made him be… more open too? He wasn't sure. But with Azriel, he felt he could open up and not get a knife in the back. It was a breath of fresh air, after which he desperately didn't want to return to the suffocating reality. Didn't want to, to the point of pain and hysteria.

Eris was somewhat irritated by how Azriel unknowingly made him feel. Maybe this date was a huge mistake that he would regret in the future, but Eris didn't want to think or worry about it. If it was a mistake, he wanted to make it. He didn't care. His future self would deal with the consequences, and his future self clearly wouldn't thank him, but he was already tired of worrying about that version of himself, building countless strategies and plans.

"We walked around the car showroom, looked at cars, and later had a drink together, nothing more," Eris shrugged, answering Lucien's question about the details. Lucien rolled his eyes at his dry tone.

"And you didn't talk after that?" Lucien continued to ask.

"No," he shook his head. "He didn't text, and I don't want to impose."

Lucien eyed him. "Weren't you visiting his workshop all week?"

Eris rolled his eyes again, finishing his coffee and tossing the cup into the trash under his desk.

"And I got my date, now if he's interested in continuing this, he will reach out," he said. Eris Vanserra wasn't desperate for love. He already made his move, now it was Azriel’s turn.

"Do you think he'll brush you off?" Lucien asked, without a hint of mockery. Eris even wanted to hit him on the head for looking so sympathetic at that moment. Eris didn't need sympathy.

"I think Azriel is a big boy who can make adult decisions without my interference," Eris replied, gathering the documents on his desk into a pile. "And I also think I should be busy with work, not gossiping about dates with you as if we were schoolgirls."

"Come on, no court case will be as interesting as my brother suddenly getting interested in relationships."

"I'm not interested in relationships," Eris lied. I'm interested in a specific person, his mind said.

"Yeah, because convincing someone to go on a date with you for a week clearly shows your 'lack of interest,'" Lucien snorted.

"I already regret telling you about this."

"Alright, alright, no mentions of your love affairs. We can talk about mine," Lucien grinned widely. Eris couldn't hold back a chuckle at the sight of his younger brother being so happy, it was almost disgusting. Love-struck fools, what could you do? "Friday, seven in the evening, remember?"

"Yeah, to help you book a table at Sapphire because you so nobly helped me find a car showroom for my date yesterday," Eris rolled his eyes. "And, of course, to drive you there because your unemployed ass can't afford a car."

"I am not unemployed," Lucien frowned, clearly offended by this comment. "I'm balancing courses and working at the bar. And yes, Eris, that still counts as a job."

"Get lost already," Eris waved his hand, shooing his younger brother away.

After Lucien left, Eris received a new client. The client talked about scammers and how he needed protection from "false" accusations. Half of the precious time was spent making him confess that the accusations were anything but false. Eris didn't even try to be polite, speaking directly and bluntly.

Later, the client offered him double the fee just to get Eris to agree to defend him in court. And in the current situation, Eris, with all his arrogance, didn't particularly want to turn down double fees.

As soon as he was alone in the office to sort out the papers and devise a strategy for the client's upcoming hearing, his phone rang. For just a second, Eris hoped it was Azriel. After that second, his gaze fell on the already hateful name, and he suppressed a flash of anger, reminding himself that if he threw his phone at the wall now, he would have to spend time buying a new one and transferring the data.

"Mor," he said, picking up the phone.

"Hello, Eris," came a voice, too cheerful for a call between ex-spouses. "I was starting to worry that you were ignoring me. Which I strongly advise against."

And here they were. Mutual threats, passive aggression, mind games. Eris closed his eyes and tried to count to ten mentally but stopped at five because he knew Mor was impatient and would say something else soon.

"Did you want something?" he asked in a calm voice. Despite the fatigue and anger, he wasn't stupid enough to show her any of it. If Eris survived his father's house all his childhood, he would survive the divorce.

"My lawyer has prepared all the documents you requested and is asking where to send them," Mor said innocently.

"Then explain why you're the one calling me, not him?" Eris asked, raising an eyebrow, still maintaining a neutral tone.

"Maybe I missed your voice," Mor replied, and Eris wanted to jump out the window. Because she hadn't missed him at all, and they were far from loving spouses. "Or maybe this morning, your father's man paid me a visit, informing me that he is aware of our divorce and is very much against it."

"I'll handle it, don't worry your pretty little head about grown-up complicated things," Eris scoffed. "Have your lawyer send the papers to my work email, I think you should have it. Your answer to my offer is still no?"

"Correct. And your answer to my offer?"

"Have a good day, Mor," Eris hung up. The phone didn't fly into the wall, but it did land on the desk with a loud thud.

Like hell he would agree to Mor's proposal to give her more than half of the property, considering that she hadn't worked a single day in the past four years and spent all her time going to bars and clubs with her friends, occasionally spending thousands of dollars on shopping. Eris frankly didn't care what she did. He didn't care that she spent the money he earned, because...

He didn't know why. Maybe he just felt sorry for Mor back then. Sorry that she ended up trapped in this marriage just like he did, with no way to escape this hell. Sorry that she had to leave all her career ambitions in Europe because her father, being the bastard he was, managed to drag her back home only to send her straight to the altar.

Maybe Eris hoped that they understood each other. That after so many years, after they had gone through the phase of throwing sharp words and objects at each other, and through the phase of ignoring each other, they had become something like... good acquaintances. Friends, if saying really boldly.

Eris could easily admit that he wasn't a good husband. Hell, he didn't care who lived in his house and spent money on yet another Louis Vuitton bag, because for him, only his work mattered. But in the past year, he thought that he and Mor understood each other.

That was a mistake he was still paying for.

Because being too candid with the wrong person can come back to bite you in the ass in the future. And here he was, living in that very future, sorting through lawyer's papers and preparing for their first court trial next week.

When Mor's lawyer sent him the papers, Eris noticed additional attachments in the email. Damn her. The viper had resorted to blackmail. Real blackmail.

They had been exchanging words for the past month, trying to discuss their divorce and all the details civilly. Initially, they were even meeting each other halfway, but at some point, greed took over, and they started exchanging threats.

However, those were just words, and Eris prayed that it would stay that way, because aside from the problems with Mor, he also had to deal with his own father and father-in-law, both of whom hated him for this divorce. But Mor was not as magnanimous as he had hoped, and to prove her point, she sent him evidence.

Reminding himself that he was a lawyer and could figure something out, Eris took a deep breath, pretending he was in control of the situation. That he had some semblance of control in this hell. That he wasn't on the verge of losing everything he had worked for over the past seven years just because he wanted freedom.

By Friday, nothing had changed. Eris had nearly finished the case with his client, leaving the court hearing for the following week; he hadn't received a single message from Azriel, which was expected but still left an unpleasant feeling in his chest; he had ignored five calls from his father, three calls from Mor, and one call from Mor's father. The number of people who would gladly kill him in a dark alley was growing alarmingly, but by the end of the week, Eris felt too exhausted to care.

As he had promised Lucien—forgetting about this was difficult since his younger brother reminded him of the promise every two hours, checking if Eris had forgotten—he picked him up to take him to the restaurant.

Sapphire was quite an expensive place, the prices weren't astronomical, but they were still high. Nevertheless, the place was worth it, especially the live performances.

Maybe Eris didn't know everything about this place because the way Lucien talked excitedly about it was hard to understand. Inside, there were a suspiciously large number of fresh flowers, unique bouquet combinations on the tables, in beautiful vases around the perimeter, and even in hanging pots on the walls.

While Lucien talked to the restaurant's host about his table reservation, Eris looked around. His gaze fell on the entrance door, through which Elain, whom he had already saw once or twice, soon walked in, dressed in a soft pink dress and looking very fitting for the restaurant's atmosphere. She waved at him, and Eris responded with a nod and a small smile.

However, right behind her, another person walked into the restaurant. And it was Azriel. Azriel, dressed in a simple shirt with oil stains in some places, loose jeans, and looking nothing like Nesta Archeron, who was supposed to give Elain a ride here.

Fuck.

The universe either hated Eris intensely or had a very weird way with pranks. Eris didn't even have time to hide his surprise when Azriel looked up and met his gaze. tag list: @sizzlingstarlightsky @isnotwhatyourethinking @molcat07 @chairofchaos

[beyourselfchulanmaria]

I went to take some photos under daylight for my leather works at outdoors. and then My good friend - Oliver came over to see me, we're "woman's talking" lol at coffeshop in the afternoon.

We talk about non-marriage, marriage and divorce, as well as the concept of children's education, but the most talked about is a Korean drama, which tells the story of a well-known law firm, how lawyers go to court to litigate for various clients, especially It is a "divorce lawsuit", mostly for the division of property and child custody. It reminds me of my divorced back then. If I had chosen to hire a lawyer to litigate, would I and my children's life be better now? … I believe I will still make the same choice: I only want two children and our "peace and freedom"in the life, because you can just make money by yourself tottaly, but if you want to simplify the problem, you can't be greedy.

═════  ✾  ═════

In fact, there is no right answer when it comes to falling in love, getting married, not getting married, or getting divorced; it all depends on your "choice". What we should do is not to choose the right answer, but you should "try to make your choice the right answer." Life is about making choices with your best efforts and over and over again, without regrets, and then being responsible for them. This is life.

◠‿◠ ℒan~*

[haztory]

Your recent kuroo fic hello???? IM OBSESSED

can we talk about it? i’m dying to talk about it. lets talk about it (link to my previous kuroo drabble here)

im OBSESSED with the idea of kuroo who was introduced to the dom/sub lifestyle by someone older. he liked the dynamics, enjoyed the release, and liked the person enough to continue it for a while. wasn't heartbroken when the affair ran its course, but when work started to spike up in stress and his only reliable form of release was kaput, he went out looking. not creepily, but with people he casually dated, flings he met on work trips, even a brief stint on tinder. he's a young bachelor after all.

he likes the control, the casualness, the constant variety that the lifestyle can bring. it's almost liberating to be able to hang up the sturdy corporate hat he wears so dutifully and fully immerse himself in a healthy, yet thorough session. and he was always open with everyone he engaged with, that he had others that he was also practicing with that counted on him, and that wasn't going to change any time soon. it's relief, it's fun, and after a hard day's work, he thinks he deserves it.

then you come into his life and manage to fuck that all up. he's working his way up the ladder within the sport promotion division which often means he has to do the dirty work of dealing with things that the higher ups don't want to deal with. this time around, it's lawyers. meeting with the counsel to ensure that all materials and slogans don't toe the line of copyright infringement and that the intellectual property of the company is protected to the highest degree and yada yada yada. he doesn't care all that much about legalese, but he's charming enough and knows how to work people to make the dry meeting somewhat enjoyable to get through it. but then he sees you.

junior attorney, newly added to the team, equally relegated to the status of grunt worker in trying to work your way up and its game over. he spends the whole meeting trying to get you to laugh, only feeling slightly defeated when you remain stoic, but still treads on. when it becomes suggested that the legal team should be meeting on a monthly basis with the promotional team just to make sure nothing goes wrong-- and when it's suggested that you, the grunt worker, will need to be the one to routinely check in with the promotional team-- well, kuroo feels like the lucky bastard who won the lottery.

and he doesn't know what he's aiming for just yet. it's not like he has some grand design or ulterior motive when he meets you, he just... meets you. likes you. wants to know you. and the monthly meetings, as dreaded as they may be by you, become the foundation for what you both will eventually embark on.

spurred on by the a brief conversation you both had about needing to find more enjoyable ways to relieve stress and your unassuming comment in which you said, "i might just start drafting contracts for fun. maybe that'll relax me."

and... lightbulb.

"well," kuroo begins, trying to stamp away the giddy butterflies that seem to float in his chest, "i got an idea for a contract you can draft up. for fun, of course."

(you're equally as interested in the idea of the dynamics when he presents it to you. the contract and its terms and conditions drafted that very night and presented to him the next day. written and sent in a very formal email and signed off as "best regards".

kuroo falls in love right there.

he also ends all of his relationships with other subs the very day he signs his name to the agreement.)

[maximumwobblerbanditdonut]

Sam Heughan’s Sassenach whisky brand loses the final legal fight in a trademark dispute in the European Union 🇪🇺

Sam Heughan launched his whisky brand "The Sassenach" in 2020, nickname his character uses for his on-screen love interest in the time travel drama "Outlander". Since 2021, Heughan has been embroiled in a legal battle with "Sasse" a German distillery over the name of his whisky brand, arguing that the Sassenach whisky would confuse customers who might think he is linked to them.

The European Union Intellectual Property Office (EUIPO), which resolves trademark disputes, ruled in favour of the German company and issued a decision upholding the opposition saying The Sassenach could not use the name as a whisky brand. After losing the initial decision at the Fifth Board of Appeals in 2021, Heughan's legal team appealed in 2022 to overturn the decision.

His legal team said there was no risk of confusion as Outlander was popular in Germany. Lawyers for the Sasse distillery, however, said: "The television series may be as popular as the other side claims, which we deny, nonetheless it is not sufficient to assume that the average consumer knows the meaning of that term. Both parties in litigation were given time to present evidence and arguments in their defence and after the Examination period, the Opposition Division’s decision was taken this year 2023.

Great Glen Company or its representative never commented on the EU decisions until last October, in New York when Sam Heughan was asked about Sassenach whisky situation in the European Union in a chat with Mark Gillespie at the Whisky Cast podcast and Heughan's response was very limited, deflecting the question talking about the name in dispute but not the EUIPO's decision, regarding Sassenach whisky that was supposedly aware of the official communication from the European Union Intellectual Property Office - Opposition Division- sent to Great Glen Company in July 2023, which considered that the disputed trademark 'The Sassenach' must be rejected for all the contested goods.

It's a bit curious that after the EUIPO decision, Sam Heughan appeared on a surprise visit to New Orleans, which included podcasts, and events with @sgwinespirits on Tales of the cocktail with an unscheduled tasting of his drinks at the Ritz-Carlton in Nola. Later on, he began his Sassenach sales tour around the United States last summer. If these people had known what had happened with his Sassenach brand in the EU would be different?

In addition, Great Glen Company (GGC) applied to register a new trademark with the World Intellectual Property Organisation (WIPO) and the EU, following the EUIPO decision, following its earlier idea to build on all the Outlander ideas, the new trademark is called "LALLYBROCH SPIRITS" (Lallybroch means "lazy tower" in Gaelic). It will not use Midhope/Lallybroch as a distillery. This new trademark has nothing to do with or relate to the grounds of Midhope Castle, the site of a new whisky distillery with a different brand and ownership. Its new application is already registered in the United States.

It's pending resolution in the EU, Canada and the United Kingdom where Heughan requested its registration.

WIPO

EUIPO

THE SASSENACH UNIQUE SPIRITS

The Great Glen Company, Sam Heughan’s firm, applied to register the brand name Scotch whisky THE SASSENACH UNIQUE SPIRITS as a future trademark to sell the whisky across Europe, but Theo Sasse e.K brand distillery in Schöppingen-Germany, objected claiming the name was too close to its trademarked name, which it uses to sell whiskies and brandies spirits.

On 20th July 2023 the Opposition Division takes the following:

DECISION

1. Opposition is upheld for all the contested goods.

2. International registration is entirely refused protection in respect of the European Union.

REASONS

On 24th November 2021 the opponent Theo Sasse e.K filed an opposition against all the goods (Class 33) of international registration designating the European Union. The opposition is based on, inter alia, German trademark registration ‘Sasse’ (word mark). Also, the opponent invoked Article 8(1)(b) EUTMR and Article 8(4) EUTMR.

LIKELIHOOD OF CONFUSION — ARTICLE 8(1)(b) EUTMR

A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings.

The opposition is based on more than one earlier trade mark. The Opposition Division finds it appropriate to first examine the opposition in relation to the opponent’s German trade mark registration.

a) The goods

The goods on which the opposition is based are, inter alia, the following:

Class 33: Alcoholic beverages, excluding beers. Alcoholic beverages, except beer are identically contained in both lists of goods (including synonyms).

b) Relevant public — degree of attention

The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question. In the present case, the goods found to be identical are directed at the public at large.

c) The signs

The relevant territory is Germany.

Contested sign The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components. The earlier mark is the word mark ‘Sasse’. The protection of a word mark concerns the word as such and not the specific graphic or stylistic elements accompanying that mark.

The verbal element ‘SASSENACH’ of the contested mark has, contrary to the allegations of the holder, no meaning for the relevant public and is, therefore, distinctive. Likewise, the unicorn device of the contested sign has no particular meaning in relation to the goods and is distinctive.

THE SASSENACH’ in the contested sign are the dominant elements as they are the most eye-catching.

Visually, the signs coincide in ‘SASSE’, which represents the entire earlier mark. The signs differ in the representation of a unicorn and the additional letters ‘-NACH’ (after SASSE) and the non-distinctive elements ‘The’ as well as ‘UNIQUE SPIRITS’ in the contested mark. Thus, the single word element of the earlier mark is fully contained in the most distinctive verbal element of the contested mark. That fact alone is a clear indication of a visual similarity. Therefore, the signs are similar to a below-average degree.

Aurally, the signs coincide in the syllables ‘Sas-se’, which is the sole and distinctive element of the earlier mark and the beginning of the most important verbal element of the contested sign, ‘Sas-se-nach’. The signs differ in the last letters of this word (one syllable), ‘nach’, and in the first verbal element of the contested sign, ‘The’. The fact remains that the earlier mark is entirely included at the beginning of the most important verbal element of the contested sign.

Conceptually, the signs will always be dissimilar as the contested mark will be understood with at least one meaning, namely the unicorn in the contested mark. As the signs have been found similar in at least one aspect of the comparison, the examination of likelihood of confusion will proceed.

d) Distinctiveness of the earlier mark The distinctiveness of the earlier mark is one of the factors to be taken into account in the global assessment of likelihood of confusion. In the present case, the earlier trade mark as a whole has no meaning for any of the goods in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal.

e) Global assessment, other arguments and conclusion The goods at issue are identical. They target the general public, who possesses an average degree of attention. The earlier mark has a normal degree of distinctiveness. The signs are visually similar to a below average degree and aurally similar to an average degree since the sole and distinctive element of the earlier mark, ‘Sasse’, is entirely reproduced at the beginning of the contested sign’s only fully distinctive verbal element, ‘Sassenach’. Evaluating the likelihood of confusion implies some interdependence between the relevant factors and, in particular, a similarity between the marks and between the goods or services.

Considering all the above, especially taking into account that the earlier mark is entirely reproduced in the contested sign and used for goods that are identical, the Opposition Division finds that there is a likelihood of confusion on the part of the public. Therefore, the opposition is well founded on the basis of the opponent’s German trade mark registration It follows that the contested trade mark must be rejected for all the contested goods. As the earlier right German trade mark registration leads to the success of the opposition and to the rejection of the contested trade mark The Sassenach for all the goods against which the opposition was directed.

The trademark status was "totally refused", meaning that THE SASSENACH UNIQUE SPIRITS trademark cannot be registered in the EU. If SH's trade mark application is refused, he can file an appeal. He must file his notice of appeal within 2 months from the date of the refusal decision (August-September) and the grounds of appeal must be filed within 4 months from the same date of notification (October-November). But, He did not appeal and last November the EUIPO confirmed by letter the provisional refusal of his trademark and refused its protection in the European Union. The final decision was published on 14 December 2023.

Conclusion

The EUIPO’s decision of the Board of Appeals, regarding its whisky has a “displacement” because Sassenach whisky cannot be registered as a trademark in the EU, the Sassenach trademark was refused. SH must be aware the significance of the total refusal decision regarding its whisky brand. If he was planning to recover from a legal dispute by putting his gin on an impromptu Sassenach tour around US last summer, proving that his recent EU legal battle was a mere bump in the road, he should have thought twice. He lost a legal battle to register his Sassenach whisky brand as a European Community trademark ® in 27 states. It is a big difference. It seems that if Heughan wants to continue selling its whisky, it will have to change the name.

LALLYBROCH SPIRITS registration:

United Kingdom

Canada

USA

[legalservices-ks]

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