#consulting. lawyers.

[buckingham-ashtray]

Not Them still haunting me even on my hike.

More than one hundred miles away from home and I am still unable to escape Them. Not even physically.

I can't anymore. THEY WON’T LEAVE ME ALONE.

(watch me lose my absolute mind in the tags💀

[rabbits-of-negative-euphoria]

ProPublica and the DNC genuinely think you are so stupid that you can't tell the difference between an abortion and a miscarriage.

fortunately, every single state with an abortion regulation differentiates between those two things in the law. you can find the law, read it, and understand it in the space of 5 to 10 minutes. so can every single doctor in this country.

every woman who has died at the hands of a hospital because they withheld miscarriage care from her was a victim of either incompetence or malice.

not the law.

[captainjonnitkessler]

not gon lie you probably have a malpractice case on your hands cause it sounds like that hospital is incompetent

Look, I know malpractice suits are one of those things everyone thinks they deserve when in actuality the bar is a lot higher than just "the hospital made a mistake" . . .

But I do think if you send home a three-day-post-partum woman that you mistakenly diagnosed with bacterial pneumonia without so much as a chest x-ray because her lungs "sounded fine", when what actually happened was that she had aspiration pneumonia caused by aspirating stomach acid into her lungs along with SEVERE post-partum preeclampsia resulting in two LITERS of fluid collecting around the heart . . . . you should get fucking sued

[aurriearts]

guess who managed to print off the ric art on their home printer /o/

gonna put it up on my wall :3

[woundedheartwithin]

so since today is my day off and i didn't (key word here) have anything pressing until this afternoon, i was planning on taking the poodle puppy to the vet to get his annual shots. he's due and he's the only dog that actually goes anywhere where there are strange dogs because he needs to be groomed, so this is for the health and safety of all five dogs and the cat. my mom comes home from the hospital tomorrow, and i'm not sure when i'll be able to leave her alone to take him in, so today was perfect. except that some guy has to deliver oxygen today.

rant under the cut

now i need y'all to understand that my mother has NEVER needed oxygen. she didn't need it until last week when her allergies were so bad she woke up choking on mucus, and her oxygen levels dropped and scared the nurses so they put her on oxygen, and now they can't seem to be able to wean her off of it. mind you, apparently "weaning" to these people is taking her off of it entirely and then making her stand for like ten minutes. she's been in inpatient physical therapy for a week and a half because the fucking hospital didn't get her out of bed for two fucking weeks after her emergency surgery and now she can't fucking walk, and standing for long periods of time was already difficult for her because of her back before the hospital, so they might as well have had her running down the fucking hall. yeah okay that's fucking genius, she's been on oxygen for like four days nonstop and y'all decide that "weaning" means taking it off entirely and making her do something strenuous for her. awesome. y'all are fucking stupid as shit, but okay. so naturally, she couldn't breathe when they took her off it so the doctor decided she needs oxygen. cool.

so back to homie bringing the fucking oxygen today. me and my dad have to go pick up a rental car for tomorrow because, again, these people fucking broke my mom and now she can't get into the truck. we have to pick it up at five. "oh don't worry i'll be there in the morning!" my dear friends, it is 1:30 pm and he still isn't fucking here. i have been sitting here doing FUCK ALL since 9:30, WHEN I WAS PLANNING ON TAKING THE DOG TO THE VET THAT IS AN HOUR AWAY FROM MY HOUSE, waiting for Jimothy The Medical Supply Guy(tm) to bring oxygen my mother NEVER FUCKING NEEDED BEFORE THIS FUCKING ORDEAL. i have done NOTHING but stress out on my fucking day off from work because nobody on earth gives a single flying fuck about anybody but themselves. "oh we're here to make the lives of the family easier and more convenient!" my lily white fucking ass. if y'all hear a news story about a hospital in north texas [redacted] in the next week then expect a fucking hiatus i fucking guess (for legal reasons this is a joke...)

[willowcrowned]

i think if a landlord pisses you off you should get to kill them full stop

[frozenladybug]

@sneakydraws and I still haven’t figured out the details yet, but tldr Bajie who’s been a disaster of a lawyer at the time acted as a prosecutor in a case against someone Xuanzang decided to help. Chang e was the defence attorney and there was a whole court battle between the two. Bajie was hired by Xuanzang after he was defeated.

He’s very talented in navigating the law but he’s just kind of trash like everyone else in this au- good for him : )

[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/

[dreamingofbabylon]

Listen, if you work in the US please just listen for a second.

I think it goes without saying the job market is in utter shambles. If you're working or job hunting please please please take some time to familiarize yourself with the workers rights laws in your state. We will never make headway in advancing our rights if we don't understand and advocate for the ones we have.

there are a lot of things to watch out for, but this is one many people don't seem to know about. I definitely didn't until uh. recently. (I'm not an expert, and this is not professional legal advice, I'm just sharing my experience within my own state and situation. Check your state's Department of Labor website for resources/info)

Please be aware that some jobs may try to hire you as an independent contractor. If you aren't seeking contracted work, this is a RED FLAG.

In very basic terms, and employee is your typical job. You get a W-2 at tax season, and taxes are taken out of your paycheck automatically. Your boss sets your schedule and duties, and provides the training and tools to do your job. You have no ownership of the business, and they set the rules.

If you are an independent contractor, you are essentially a business owner. You can be hired to provide a service, which is done on YOUR terms. You provide your own equipment, hire your own team, prepare your own taxes (probably a 1099), and the person paying you can't train you or tell you how to do your job.

If those criteria are not being met, but you've been hired as a contractor instead of an employee, you may have been illegally misclassified.

Why do employers do this? Basically, employees are promised certain legal rights and protections, which do not necessarily apply to independent contractors. So sometimes businesses will try to (illegally) get the best of both worlds by hiring you under their terms (setting your schedule, duties, etc) without the liability, expenses, or insurance and tax burdens of hiring an employee. Then at tax season, YOU owe the IRS a shit ton of money, and you have no writeoffs because of course you don't. you don't have business expenses for someone else's business

if you think you've been misclassified, or have experienced ANY mistreatment at work, please speak with a professional.

Talking to a lawyer may seem intimidating and expensive. But many employment lawyers offer free consults. They will hear you out for free, and tell you if you have a case.

In my personal experience, my lawyer met with me and reviewed all the evidence and info I had. They contacted my previous "employer" and their legal counsel on my behalf for free. They negotiated a settlement for me, and all I owed them was a percentage of that settlement. If they couldn't get me anything, I wouldn't have owed them anything.

These are just things I wish I had known earlier, so I'm sharing in case it can help even one person not get fucked over. Advocate for yourself. Unionize your workplace. KNOW YOUR RIGHTS.

[eliteimmigrationbangalore222]

Germany Opportunity Card

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[chungledown-bimothy]

another day, another barely bitten back rant about what the first amendment actually says/does

[goldberg-loren-car-accident-law]

Losing a loved one is never easy, and when it happens due to someone else's negligence, it can be even more difficult. If you are in Portland, Oregon, and have lost a loved one in a wrongful death accident, you may be entitled to compensation. Goldberg & Loren is a team of experienced wrongful death attorneys who can help you through this difficult time.

This infographic provides an overview of wrongful death law in Oregon. It covers the following topics:

What is wrongful death? Who can file a wrongful death claim? What damages can be recovered in a wrongful death claim? How long do I have to file a wrongful death claim? We hope this infographic will help you understand your rights and options after a wrongful death accident.

If you have lost a loved one in a wrongful death accident, please contact Goldberg & Loren for a free consultation. We are here to help you through this difficult time.

[noticegstka]

Navigate GST notices with ease. GST Ka Notice offers expert services for responding to all types of GST notices. Get professional help today!

[beansnpeets]

Boss is incredibly backlogged and there is only so much I can do to help move things along and he keeps taking more new clients and I'm going to SCREAM at him

[headedoutleft]

I read this post (which Matt Tumblr has made un-rebloggable) earlier today and had to go back and reread that statement to make sure I had read it right

This isn't a private diary, bro! We can all read what you're posting here!

If I'm understanding correctly, Matt... You have just realized that the experience described and reported within Tumblr's own system by so many users really, really sucks, actually. Users who have been at the receiving end of harassment campaigns and abuse for years and who have been reporting these issues for years. Harassment campaigns that your staff was not supported in effectively dealing with nor (according to your own post the other day about a rogue employee) effectively held accountable for. An experience that is only just now mattering to you now that you've experienced it firsthand

And your conclusion from this is not, "wow, I have an obligation as the owner of this product to ensure the experience the users have is a safer and happier one! I should probably explore what best practices are in my industry and see what other companies are doing about it and look for potential solutions".

Oh, no! We didn't learn empathy or cultivate a sense of responsibility from this experience, or even!!! Consider exploring business options internally without musing out loud on a public Tumblr blog

Your response instead was to say, "wow, my product sucks and maybe it shouldn't exist anymore"

If you can't handle the inevitable backlash, then stop talking! If you don't know how to handle the situation, hire someone who does know!

[themarvelliteraryuniverse]

Queued up half my drafts!!!

Plan on finishing the other half tomorrow. Gonna be real, I've been binging The Rookie like it's crack. This show has me addicted.