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dailyanarchistposts · 5 months ago

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F.6 Is “anarcho”-capitalism against the state?

No. Due to its basis in private property, “anarcho”-capitalism implies a class division of society into bosses and workers. Any such division will require a state to maintain it. However, it need not be the same state as exists now. Regarding this point, “anarcho”-capitalism plainly advocates “defence associations” to protect property. For the “anarcho”-capitalist these private companies are not states. For anarchists, they most definitely. As Bakunin put it, the state “is authority, domination, and force, organised by the property-owning and so-called enlightened classes against the masses.” [The Basic Bakunin, p. 140] It goes without saying that “anarcho”-capitalism has a state in the anarchist sense.

According to Murray Rothbard [Society Without A State, p. 192], a state must have one or both of the following characteristics:

He makes the same point elsewhere. [The Ethics of Liberty, p. 171] Significantly, he stresses that “our definition of anarchism” is a system which “provides no legal sanction” for aggression against person and property rather than, say, being against government or authority. [Society without a State, p. 206]

Instead of this, the “anarcho”-capitalist thinks that people should be able to select their own “defence companies” (which would provide the needed police) and courts from a free market in “defence” which would spring up after the state monopoly has been eliminated. These companies “all … would have to abide by the basic law code,” [Op. Cit., p. 206] Thus a “general libertarian law code” would govern the actions of these companies. This “law code” would prohibit coercive aggression at the very least, although to do so it would have to specify what counted as legitimate property, how said can be owned and what actually constitutes aggression. Thus the law code would be quite extensive.

How is this law code to be actually specified? Would these laws be democratically decided? Would they reflect common usage (i.e. custom)? “Supply and demand”? “Natural law”? Given the strong dislike of democracy shown by “anarcho”-capitalists, we think we can safely say that some combination of the last two options would be used. Murray Rothbard argued for “Natural Law” and so the judges in his system would “not [be] making the law but finding it on the basis of agreed-upon principles derived either from custom or reason.” [Op. Cit., p. 206] David Friedman, on the other hand, argues that different defence firms would sell their own laws. [The Machinery of Freedom, p. 116] It is sometimes acknowledged that non-“libertarian” laws may be demanded (and supplied) in such a market although the obvious fact that the rich can afford to pay for more laws (either in quantity or in terms of being more expensive to enforce) is downplayed.

Around this system of “defence companies” is a free market in “arbitrators” and “appeal judges” to administer justice and the “basic law code.” Rothbard believes that such a system would see “arbitrators with the best reputation for efficiency and probity” being “chosen by the various parties in the market” and “will come to be given an increasing amount of business.” Judges “will prosper on the market in proportion to their reputation for efficiency and impartiality.” [Op. Cit., p. 199 and p. 204] Therefore, like any other company, arbitrators would strive for profits with the most successful ones would “prosper”, i.e. become wealthy. Such wealth would, of course, have no impact on the decisions of the judges, and if it did, the population (in theory) are free to select any other judge. Of course, the competing judges would also be striving for profits and wealth — which means the choice of character may be somewhat limited! — and the laws which they were using to guide their judgements would be enforcing capitalist rights.

Whether or not this system would work as desired is discussed in the following sections. We think that it will not. Moreover, we will argue that “anarcho”-capitalist “defence companies” meet not only the criteria of statehood we outlined in section B.2, but also Rothbard’s own criteria for the state. As regards the anarchist criterion, it is clear that “defence companies” exist to defend private property; that they are hierarchical (in that they are capitalist companies which defend the power of those who employ them); that they are professional coercive bodies; and that they exercise a monopoly of force over a given area (the area, initially, being the property of the person or company who is employing the company). Not only that, as we discuss in section F.6.4 these “defence companies” also matches the right-libertarian and “anarcho”-capitalist definition of the state. For this (and other reasons), we should call the “anarcho”-capitalist defence firms “private states” — that is what they are — and “anarcho”-capitalism “private state” capitalism.

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440mxs-wife · 9 months ago

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The Country Doctor, Chapter 1: A Fresh Start

Pairing: Dr. Leonard “Bones” McCoy x F!Reader (eventual). Other Characters are the usual suspects: Jim Kirk, Nyota Uhura. Spock, Montgomery Scott, Hikaru Sulu, Pavel Chekov (to be introduced in later chapters.) OMC's Travis Myers and Miles Cooper.

Word Count: 4530

Warnings: Divorce, break-up, ruthless businessmen, mentions of infidelity, but mostly fluffy (for now)

Summary: Fresh off of his divorce, Dr. McCoy receives word that he has inherited a 5,000-acre farm and home in Logan, Montana. Finally, he has an opportunity for a clean slate and to start his own clinic out west and leave his ex-wife behind. Along the way, he'll meet a cast of unique characters, each with a place in his new small-town life. But there could be trouble ahead in the form of a powerful CEO hell-bent on acquiring Leonard's property by any means necessary.

A/N: This idea was posted by @hailbop1701, with a specific list of plot points/dialog to be included. I won't put the list here, because it'll give away too much. Not sure how many parts there'll be, but I hope you like where I take the story.

A/N 2: If you’ve been tagged here, it’s because you’ve interacted one or more times on a McCoy story of mine, or we’re moots. Whether you like or reblog, I am eternally grateful for your support. If anyone else would like to be tagged on any future Karl Urban character postings, or would rather leave the Crazy Train, please let me know. Thank you, and enjoy the show!

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"Court is adjourned."

That was the declaration eight weeks ago, when Dr. Leonard H. McCoy sat at a table with his attorney in the Fulton County Courthouse in Atlanta, Georgia. The Honorable Judge Michael Simmons had just pounded his gavel on the bench to signify an end to the McCoy v. McCoy divorce proceedings. Unfortunately, his now-ex-wife, Jocelyn, had the better attorney, which resulted in a somewhat less-than-equitable division of their assets.

At least Leonard was able to keep his vintage pickup truck and the 4-bedroom, 2 bath, ranch-style home he had lived in with Jocelyn. She basically got everything else in the settlement, though, including most of the furniture. She didn't technically need the furniture, since she was moving in with her new boyfriend. However, he had a rental property that needed furnishings, so that's where they went.

Two weeks after the divorce was finalized, Leonard received correspondence from a law firm in Montana, with a request for his presence. The letter did not specify the reason for the request, and when he called the law office, no one was authorized to divulge any information. He didn't want to find himself on the wrong side of the law and besides, he was more than a little curious. Luckily, the law firm had a satellite office in Atlanta, so that's where he attended the meeting.

An hour or so after the meeting ended, a slightly dazed Leonard walked out of the attorney's office with a file folder and a property deed in his hand. The meeting was for the reading of the will for his distant uncle, Walter McCoy. Around 5,000 acres of land in Montana along with an old craftsman-style farmhouse were bequeathed to him to do with as he pleased. There were also various outbuildings on the property, such as a machine shed, a barn with a hay loft, and horse stables.

He had options. There was an Eastern conglomerate, NorthStar Corp, that was willing to pay a more than fair price to buy it from him, lock, stock, and barrel. With what they were offering, Leonard wouldn't have to worry about money for the foreseeable future, if ever. Or, he could make the break from Georgia and his ex-wife with her boy-toy to make a go of it in Logan, Montana. Although Leonard wanted to stay near his mother, Eleanora, he had to consider that this was his chance to start over somewhere else.

When he told his best friend, James T. Kirk, about his inheritance, Jim could hardly contain his excitement. He considered it to be the start to a great adventure and was more than willing to accompany Leonard.

Jim had no family ties to speak of, preferring to live a sort of nomadic existence. He even offered to take turns driving the moving truck the 1,900 or so miles to Montana. "Good music, good snacks, and good company are all we need to get us to our destination, Bones," Kirk told him with a wide grin.

The more Leonard thought about it, the more he warmed up to the idea of starting somewhere new. A place where he wouldn't have to worry about running into someone who knew about the divorce and wouldn't hesitate to share an opinion about it. So, with Jim's help, he cleared his house out of any remaining items, put them in storage, then contacted a realtor to list it for sale.

After only a few showings, a deal was quickly closed, with a $30,000.00 profit in his bank account to show for it. Leonard and Jim loaded up his remaining possessions into the moving van, hooked up a car trailer with Leonard's pickup truck on it, and headed west to Montana. The pair made a few stops along the way, renting a hotel room to rest for the night before hitting the road again the next morning.

The more miles Leonard put behind him, the more comfortable and free he felt with his decision. He wasn't too keen on leaving his mother behind, but she assured him that she would be fine, even encouraged him to take this leap. He made a note to send her a plane ticket so she could visit once he got settled.

Nearly four days and more than 1,900 miles later, Leonard turned into the gravel driveway that led to his new home. It was a charcoal gray with white trim craftsman-style farmhouse with a tall, red brick chimney on one side. The wooden wrap-around porch was accented with white, tapered columns, set on top of the slotted railing framing the area. He appreciated the large windows, which would bring in a good amount of natural light, as well as soft breezes on lazy summer days.

"Well? Is it everything you expected?" Jim asked.

"I didn't exactly know what to expect, Jim. I don't even remember either of my parents ever mentioning an 'Uncle Walter McCoy'. He isn't someone I knew well enough for him to leave me something like this, but I'll do my best to make the most of it. From what I've seen so far, though, at least the outside looks fine," Leonard replied.

"That's the spirit, Bones! Let's go have a look at the grounds, then inside the house. After that, we can start unloading your stuff," Jim grinned as he scrambled out of the truck.

Leonard stepped down from the driver's seat and closed the door. "Sure, Jim. Why not," he muttered to himself. He fished the house keys out of his pocket on his way up the porch steps. The front door was made of solid oak with a dark finish and leaded glass panels arranged in a geometric design. He inserted the key into the lock and tilted his head back. "Here goes nothin', I guess," he murmured, pushing the door open.

***

At just after 2:00pm, you stopped by the post office to retrieve your mail that had piled up over the last couple of days. Before you left, you strolled up to the counter to chat with your best friend, Nyota Uhura. Her shift was almost over, so she suggested the two of you meet for coffee and a snack at the Java Station Café on Main Street.

While you waited for her at the café, you thought about how you met her and what brought you back to Logan, Montana. Your now-ex-boyfriend, Travis Myers, had convinced you to move with him from Logan to Bozeman. He'd landed a lucrative position as in-house counsel for a large and powerful corporation. You found work at a tech company doing data entry work for a medical office. Not too terribly taxing nor was it what you wanted for a career, but it paid well.

Around the six-month mark of living together in the big city, Travis started coming home later and later in the evening. Missed date nights and other outings were becoming more frequent, with him coming to bed late and leaving before you woke up. Whenever you tried to talk to him about it, he always chalked it up to working late on a big case or project, so you let it go.

The last straw was when the two of you were supposed to meet a few of your friends for dinner. Since he was late picking you up from home, you asked one of them to drive you to the restaurant. From the lobby, you called Travis and told him to meet you there.

Just before you said your goodbyes, you heard, "Come back to bed, baby, I'm cold" in a woman's voice. You were furious, demanding to know who the woman was and how long he had been seeing her. After first denying everything, he ultimately confessed it was his assistant and it had been going on for about six weeks. You felt your world collapsing around you at his admission. Dinner was forgotten while your friends drove you back to the apartment to pack up your belongings.

You couch-surfed for about a month before finding an apartment back in Logan, where you had previously lived with your parents. Because Travis paid for most of the expenses such as rent and utilities, you were able to save up quite a nest egg to cover your new living situation. However, you weren't sure how much longer your savings would hold out, so you decided to look for a job to make ends meet.

The bell above the door tinkled, and Nyota rushed over to your table. After a brief hug, you both sat down and waited for your server to appear and take your order. Uhura was practically vibrating with energy, which meant she had something exciting to share. A few minutes later, with your order submitted, she spilled her secret.

"You'll never guess what happened today!" she exclaimed. "Two men came in today to file a change of address card."

You snorted. "That sounds like something that happens every day around here, Nyota, not that interesting. You're nearly jumping out of your skin about this. What is so compelling about them that has you barely able to sit still long enough to tell me?"

Uhura made a face at you to show her displeasure. "If you can keep from insulting me, I'll tell you," she pouted. You held up your hands in surrender as her cue to continue. "They moved here from Georgia, and one of them has the most tantalizing Southern accent. They were both tall, one blond hair with striking blue eyes, and the other dark hair and hazel eyes. He seemed a little grumpy at first, but Blue Eyes was the more charming of the two," she explained.

"Did you get a look at their new address, the one here?" you asked.

"The one with dark hair listed his name as Dr. Leonard H. McCoy, and his address matched the one for Walter McCoy's place," she replied.

Now she had your attention. Every so often, you drove by the farm, wishing you lived there instead of your small, one-bedroom apartment. You had thoughts about what it would be like to buy the place one day so you could fix it up and return it to some of its old glory. You'd heard through the grapevine that the owner passed away a few months back. It was also mentioned that ownership would pass to his only other living relative.

"I've always thought about that place, what it looks like inside, how I would spruce it up. Wait a minute, did you say Doctor McCoy?" you squeaked.

"And her brain has finally caught up with her mouth," Uhura joked. "I was wondering when you'd catch on to that tidbit of information. That house has a separate office space, ideal for treating patients. Word travels fast in this town, and once folks get to know there's a doctor in town again, Dr. McCoy is bound to need help. You know, with paperwork or coordinating treatment of his patients. Know anyone with those kind of skills?" she grinned.

In addition to your data entry job, you had acquired some basic medical training. The town had a couple of paramedics within the Volunteer Fire Department for the more serious cases. For now, it was enough, but it would be nice for the vacancy to be filled, especially by a handsome doctor. "Hmm. Maybe I should head out that way, introduce myself, see if he needs any help." Beg him for a job, you silently added.

"That's the spirit! If you're done with your coffee, we should drive out there and check things out. You in?" she held out her hand for you to shake.

After draining the last of your cappuccino, you nodded and shook her hand. "I'm all in," you declared.

***

Leonard and Jim wandered the property, taking in the condition and contents of the outbuildings. Many of the machines and tools were left behind. They noted which items were and were not still functional, to determine what could be easily returned to service or sold for parts. The good news was, the buildings themselves were structurally sound, although at least in need of a new outer coat of paint.

As for the house itself, Leonard was pleased to find a side entrance that led to an office, set apart from the main house. It was perfect for starting his clinic, with a small area that could function as a waiting room, and enough space for a reception desk. He made a note to check in town for a secondhand store to pick up a desk, some chairs and other furnishings.

Jim joked and told him that all he needed now was a pretty receptionist who could also perform nursing duties. Leonard glared at him in response, reminding him that after the way divorce went, he wasn't at all interested in dating. "Just doctorin'," he affirmed. "Maybe fishin', if the winds are just right," he added with a smirk.

A tour of the home's interior revealed hardwood flooring in the bedrooms and living room, while ceramic tiles covered the floor in the eat-in kitchen. There was a separate dining room space between the kitchen and living room. The centerpiece of the living room was a fireplace made with gray bricks and had a dark wooden mantle above it.

Before his arrival, Leonard contacted the utilities and asked for them to be turned on and transferred into his name. That gave Leonard and Jim a chance to determine what worked and what needed repaired. For the most part, the electrical system was in good working order, except for a few outlets that may need replaced or updated.

The water situation was another story. At first, when Jim turned on the high-arching faucet in the kitchen, the white farmhouse sink reflected a light brownish tint to the water. The pedestal sink and clawfoot tub in the main bathroom, plus the sinks in the half-baths were the same shade of brown. However, the more they let the water run, the clearer it became, which helped ease their minds a bit.

Leonard walked back out to the porch to make a mental list of what he'd need to bring the old house back to life and working order. The hardwood floors were in good condition, though they could use a bit of polish applied to them. There were a few non-working electrical outlets that would need an electrician's expertise to chase down the problem. In the bedrooms, there were spots where the wallpaper was peeling away from the wall. Not exactly a fan of wallpaper, Leonard decided it would be better to tear it all down and paint instead.

Overall, the pluses outweighed the minuses, such as the updated appliances in the kitchen and quartz countertops. Leonard could definitely see himself cooking up a Sunday dinner of his mother's chicken and dumplings with a peach cobbler. As an avid reader, he also loved the built-in bookshelves to showcase his personal library of classics. And the side-door entrance to the office space provided a break between his professional life and his personal life.

Jim joined him out on the porch and gazed out over the mature trees that dotted the property. "So now that you've taken the grand tour, what do you think, Bones?"

Leonard thought for a moment before answering. "Think I'm gonna like it here. Let's start unloading the truck," he directed. "Good thing we hit those consignment shops on the way here, or you wouldn't have a bed to sleep in," he jested.

Jim was about to unlatch the door on the moving truck when he noticed a car turning into the driveway. "Welcoming Committee?" he wondered. Leonard shook his head and rolled his eyes while he walked over to stand next to Jim. They both watched as the car rolled to a stop near the front of the truck.

***

The drive to the McCoy place only took about twenty minutes, which you spent silently reviewing your qualifications. Uhura could tell you were worried about making a good impression, which she was sure you would. She told you not to worry about it, that you were the best candidate for the job, if Dr. McCoy was hiring. "What if he's not hiring, though?" you asked.

"Then we'll have to convince him that he'll need your help, being the only doc in town. There really is no way around it, he will require an assistant," she reasoned. Her response sounded logical, so you accepted it and kept driving out to meet your prospective employer.

Soon your car was pulling into the driveway, where a large moving truck was parked. Upon seeing the two men standing to one side, you had to admit that Uhura was right. They were both strikingly handsome men. The dark-aired man carried a stern look on his face and his arms were crossed over his chest. The blond seemed a little more easygoing, self-assured, bordering on cocky, as if he knew what a good-looking man he was.

As you exited your vehicle, the men had started walking in your direction. "You ladies lost or somethin'?" the dark-haired man drawled. Ohhhh, that accent was enough to make you weak in the knees, you thought. You held on to your open door for balance.

"Yeah, can we help you?" the blond man wondered with a smirk.

When your brain finally rebooted, you responded, "Actually, we were hoping to be of assistance to you, since you're new in town." At this, you introduced the two of you and learned that the blond was James T. Kirk, or "Jim" he offered with a waggle of his eyebrows. His grumpy companion with the dark hair was the Dr. Leonard H. McCoy who now owned the property.

"I think we can manage fine with just the two of us. Good day, la--" Leonard was interrupted by Jim, who pulled him aside.

"Wait a minute, Bones, let's not be too hasty. I mean, these are a couple of gorgeous women who showed up out of nowhere to see us," Jim pointed out. "It wouldn't hurt to hear what they had to say, now would it?"

Leonard pinched the bridge of his nose and sighed in exasperation. He was here to be a physician, to take care of people who need help, not dip a toe in the dating pool. When he looked up, he noticed that Jim had left his side and was talking to Uhura, while you had stepped up in his place.

"Excuse me, Dr. McCoy? I understand that my friend and I just turned up unannounced on your doorstep, and you don't know anything about us. But this is a pretty small town, and I should tell you, it won't take long for people to learn that we have a new physician to replace old Doc Thomas. Therefore, I'm offering you my services. I have some basic medical training, and I used to do data entry for a medical company back in Bozeman," you explained.

"Bozeman? Why on earth would you ever leave there to live here? Not to say that what I've seen so far of Logan isn't simply charming," Leonard added with more than a hint of sarcasm.

"I'll be glad to share that little tidbit of information once we've gotten used to working together," you shot back. "By hiring me, you'll have a well-organized appointment calendar, along with accurate patient files. You'll also have someone who knows how to take and record vitals, which leaves you free to do the doctorin'. So, do we have a deal?" you asked, your hand outstretched.

Leonard took a moment to consider your offer, bold though it was. He had to concede that in a town of this size, word would get around about a new physician and spread like wildfire. He'd probably end up with a huge influx of patients. Even if it was only at first, he might become easily overwhelmed. Patient care was of the utmost importance to him, and if you could make things easier for him, who was he to reject such a proposition?

His lack of response translated to you as a decline of your offer of assistance. As you started to withdraw your hand, he quickly grabbed it and clasped it between his own. "Whoa, hold on there just a minute. All right, you have a deal, but we'll do this as a trial run. A three-month probationary period, take it or leave it," he bartered, fighting the urge to smile.

"Thank you, Dr. McCoy! Three months? That'll be more than enough time for you to decide you can't live without me! In-in the office, I mean," you clarified.

Leonard couldn't help but smile at your blunder. "All right, now that we have that settled, I hope you'll excuse me and Casanova over there with your friend. We have a lot to unload, and I'd like to sleep in my own bed tonight rather than the couch," he stated.

"We can help, if that's okay with you? With four sets of hands, we can be done in no time. Besides, I've always been kind of curious about what the inside of your house looks like," you admitted.

You are one interesting woman, Leonard thought to himself. "Okay, let's get started then. Once we get everything out of the truck, I'll take you on the nickel tour," he winked. He whistled to get Jim's and Uhura's attention, then opened up the back of the truck.

***

"There, I think that's the last of it," Leonard declared after he removed the final box from the moving truck and placed it on the lawn. He jumped up to grab the leather strap, then pulled down the rolling door until it was flush with the deck. He latched and locked the door, picked up the box, and brought it into his new home.

Jim and Uhura had taken your car into town to pick up something for dinner, which left you alone with Leonard. During the unloading, you didn't get much of a chance to stop and look around. But now that most of the heavy lifting was done, you seized the opportunity to take in your surroundings.

You were so caught up in admiring the home's features that you didn't hear Dr. McCoy slide up next to you. "If you have your nickel, I'm ready to start the tour," he grinned. You dug in your pocket, which luckily contained the right coin for the price of your ticket. "Ready when you are, Dr. McCoy," you replied, handing over the 5 cents.

***

Video Conference Call -- Bozeman, Montana

Travis checked his watch to see that he had another ten minutes before his conference call was scheduled to start. He opened the blue file folder in front of him, which was sent from his employer regarding a property they wanted to acquire in Logan, Montana. He sat back in his chair as he thought about how you'd moved there after breaking up with him. Before he could stroll any further down Memory Lane, his alarm beeped to let him know it was time to start the call.

"Good afternoon, ladies and gentlemen," Travis greeted. He could see the CEO, Miles Cooper, at the head of the table, surrounded by other members of NorthStar Corp's Board of Executives.

"Good afternoon, Mr. Myers. I see you have the file in front of you, so let's begin. We understand that the principal owner of the McCoy property has passed away. As such, we want to move forward and make the new owner an offer to purchase the parcel of land and whatever's on it. The house, barn, stables--everything, down to the last shingle," Mr. Cooper explained.

"My source tells me that the new owner drove all the way from Atlanta, Georgia to check out the property. He is also a doctor, and the town has been without one since the last one died. In my opinion, this could present a problem. He may decide to stay and 'hang out his shingle', as it were," Travis pointed out.

Mr. Cooper leaned back in his chair and rested his steepled index fingers on his chin as he contemplated his next move. As he considered this new development, conversation buzzed around him among the other executives. According to one of the scientific reports he received, there were plenty of reasons for encouraging the good doctor to sell.

The report mentioned the discovery of several veins of copper and silver running beneath the surface. The financial gains from mining those resources would more than cover the initial investment paid to acquire the property. Whether the new owner was aware of these precious metals was unknown, but Cooper needed to act fast before the doctor learned of their existence.

With a wave of his hand, silence returned to the board room as Mr. Cooper had made a decision. "Mr. Myers, I suggest you do your best to convince Dr. McCoy to sell the property to us. I will have a new purchase offer drawn up that's more than fair, and you should strongly encourage him to accept it."

Travis carefully considered Mr. Cooper's words that carried the barest hint of a threat behind them. "Sir, I will present your offer; however, we should be prepared for him to turn it down and decide to become the town's doctor."

"You worry about getting a signature on that purchase agreement, Myers, and I will worry about whether or not a contingency plan will be needed. Before the previous owner's death, this was a working farm, right? Lots of tools, machinery? Farming is considered to be one of the most dangerous professions, you know. Accidents can and do happen. It would be unfortunate if an accident should befall the good Dr. McCoy," Mr. Cooper replied darkly.

There was no mistake in Mr. Cooper's intent this time. "Absolutely, sir. I will find a way to present your offer that will make it difficult if not impossible to decline it."

Mr. Cooper's eyes brightened and a smile graced his face. "Excellent, Myers, I knew I could count on you. I'll send that new offer over to you as soon as I have it and we'll go from there," he stated. "I appreciate your cooperation, Myers, I certainly won't forget it."

"And thank you, Sir. I welcome this opportunity, and I will not let you down," Travis concluded.

"Let us hope not, Myers. I'd hate for you to experience any....negative fallout, should you be unable to close this deal," Mr. Cooper remarked ominously before disconnecting the call.

Travis relaxed in his chair and began to formulate a plan in his mind. A sly grin crept across his face as he thought of the perfect way to get an inside look into the doctor's life.

Of course, it involved a trip to Logan and should he happen to run into you, so much the better. For him, anyway. Though there was a near 100% chance that you would want nothing to do with him. If that was the case, his plan may be a bust before it even gets started.

Especially after the way things ended between you discovering his infidelity. For that reason alone, it was likely your walls of protection against him and his crap were nearly guaranteed to be sky-high. But it was a chance he was willing to take, because he did not want to disappoint his client. Something told him that with a failure of this magnitude, Mr. Cooper was capable of making his life a living hell.

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Tags: @marvelouslytrekking @spacedancer1701 @anna-phora @hailbop1701 @writercole @lassie-bird @never--doubt @phoenixisred @wayward-dreamer @erindiggory @strangesgirls @dumpsterhippie @genevablog26 @lokis-deares @medicatemedrmccoy @rooweighton @mamamercurymist @d-doki-doki @malmeansbad @imamotherfuckingstar-lord @ghosttrekkie @noforkingclue @bellestalesoffiction

#leonard bones mccoy x reader #leonard mccoy x reader #au leonard mccoy x reader

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outpost51 · 10 months ago

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7 snippets 7 people

tagged by @writernopal over here tyyyyy i love this one

tagging: @sparatus @thetrashbagswasteland @omniblades-and-stars @sunflaresspace @mxanigel @bambino1294 @westernlarch

have a few of my favorite bits from unlikely adventures. CW: gore, violence, smut, the usual suspects

CH 2: My Sister's Keeper

Dillon was eight when her parents divorced. It wasn’t nasty. No one yelled. Darren didn’t demand custody, but Cheryl politely requested it, and he signed the papers without a second thought. He even gave up the house, choosing instead to stay in a much more reasonable two-bedroom apartment downtown, closer to his job with the law firm.

But she was eight, and all she ever knew about love she learned from her parents, and all the storybooks ended at ‘happily ever after,’ not ‘and then years later, when they realized they only got hitched because the princess was fifteen and pregnant and the prince was scared of her daddy’s shotgun, there was a civil division of community property and they never spoke again.’ A father should never be his daughter’s first taste of heartbreak, but Darren always was an overachiever. He got to put that trophy right up on his Dillon wall next to ‘Dada was her first word’ and ‘she took her first steps for me.’

She really was a daddy’s girl before, thrashing to his classic metal CDs in the basement and trying to out-belch each other at the dinner table. And after all that, he didn’t even fight for custody. He didn’t fight for her. Dillon saw it as her father wanting nothing to do with her and Daisy, even if he had free visitation rights and took them to the movies and the mall and theme parks. She was always shut down and distant during those trips, believing them to be a farcical attempt at bribing her and her sister, or a token effort because her mom asked him to.

CH 3: Death Doesn't Give Third Chances

“Your dad doesn’t remember.”

“Remember what?”

“That your sister died.” Cheryl flipped through a few pages. Raised her eyebrows a few times. She set the book down and went down to the basement, leaving Dillon alone at the counter with a massive stack of pancakes. Unattended. Four fell prey to her grabby hands before Cheryl returned.

With a severed head, its face frozen in a scream.

That she promptly whacked against the counter over and over until it cracked open.

“You cut up bodies three nights out of the month, pickle,” Cheryl chided as her daughter lost her pancakes in the sink.

Dillon looked at her mother with a mix of shock and disgust. “Yeah, I cut ‘em up, I don’t brutalize them.”

“Oh, don’t be so dramatic, it’s not like it’s bleeding.” Cheryl dropped the pulpy remains in her daughter’s outstretched hands. “Do something with that, please. I need to scramble this before your sister comes back down.”

With her mind completely dissociated from her physical form, Dillon sputtered, “Like what? I can’t just throw this in the trash!”

Cheryl exhaled through her nose. “Of course not, that’s wasteful. Put it in a bag and put it back in the freezer. I’ll boil it later to make freezie-pops.” She scoffed at Dillon’s continued perturbation. “What? Werewolves get hot, too. It’s too much work to fill a kiddie pool with ice for Gus to roll in every time we go on a run. Get some of my bacon while you’re down there.”

Dillon inhaled to respond, but swallowed the thought at her mother’s look.

CH 4: Like Moths

“Oi, Lawson, fuck off,” Moira barked. She had such an elegant way with words.

“Or what, freak? You gonna hex me?” Troy made a dismissive gesture. “Go back to your coffin, the sun’s still out.”

Dillon could almost hear the creak of Moira’s jaw as she clenched it. The pentacle necklace that never left her neck rose and fell with every angry breath, flashing a warning in the afternoon sun. Dillon stepped up behind her best friend. Her belly button barely cleared the top of the table, but she could still mean mug the shit out of them. Moira didn’t need help taking on six high schoolers, it was the thought that counted.

“Oh look, it’s the littlest Monroe, too,” Troy’s best friend, Conner Stevens, drawled. He didn’t move from his relaxed drape against the back of the booth. “What’re you gonna do, cut yourself at us?”

The bar for being the bigger person suddenly got a lot lower. Moira snarled over the table. Dillon put a gentle hand on her bicep. “No, Troy,” she chuffed. “I’m not. But you wanna know what I can do?” She hopped up on the table, jostling his drink with the jolt and wobble of the table. “You remember what happened to Brett?”

That got Troy’s attention. “What, you gonna pull a bear outta your ass? Wouldn’t surprise me, if you’re as big of a whore as your s—” His voice was suddenly cut off with a wet choke.

“Dill—”

“He brought Daisy into it, Moira,” she spat. “His ass is fair game now.” Her head hurt and her chest tightened as her emotions rose higher, but this time she was ready for it, and greeted the pain like an old friend. Passing out would so be worth making that little worm regret even thinking Daisy’s name.

Conner shook Troy’s shoulder, but it was no use. He was fully choking on a massive lump lodged firmly in his esophagus. His blond girlfriend-of-the-week pulled him into a Heimlich position — she was a lifeguard at the community pool, Dillon thought — and on the fourth violent thrust of her hands against his diaphragm, the foreign object in his throat finally dislodged itself.

A clump of daisies the size of her fist slopped wetly onto his half-finished burger.

Dillon felt something wet trickle from her nose. Worth it. “Now get the fuck away from our table before I pick something with thorns.”

CH 5: Come, Devil

"The show hasn't even begun, mon petit aperitif, I still have my pants on." He took his time turning on the shower, fiddling with the temperature, pulling out towels — all while letting Dillon dangle over his shoulder, and when she decided grumbling wouldn't get her anywhere and instead caught one wing in her hands to bite the sensitive membrane, he reminded her that his hands weren't the only disciplinary tools at his disposal, wrapping his tail around her arms and yanking her upright. How she still managed to maintain enough dignity to look angry with her pants and underwear hanging around her ankles, he didn't know, but he liked it a fair share more than he was willing to admit. It's not like anything was fully on display either, thanks to the massive shirt drowning her in fabric, but that was easily remedied. He grabbed the hem and made to rip it free—

"Don't tear my shirt, please." The quiet earnestness of her plea was jarring in the wake of her snarling fit, enough so that it turned his muscles to stone and forced him to meet her eyes. There was a flicker of fear in their hollow depths, suddenly so cold and lifeless, had he not felt her pulse fluttering against the underside of his tail, he'd wonder if she still had one at all. "Daisy bought it for me. It was the first concert we went to together."

Well, fuck. Zadimus set her down and stepped back, watching her kick off her other clothes and slowly, reverently strip off her shirt and fold it on the counter. "You really do love your sister, don't you?"

The fire went right back into her eyes as she looked up with raw determination and something he couldn't place, the sort of vicious familial passion he'd never observed in a member of his own kind; it drove otherwise pacifistic mothers to violent, gruesome vengeance killings, and made brothers fight more fiercely for — and sometimes against — each other than they would in any other circumstance. "I poured my soul into the ground so she could climb back out of it," she spat. "What do you think?"

"I think we're going to get along brilliantly," he replied, then pulled her into his arms again to crush their mouths together. The kiss was short-lived; she drew back and he worried he'd crossed a boundary somewhere, but she thrust her thumbs into his mouth and pried his jaws open.

"So that's what it was!"

"Whah?"

She grinned in triumph. "Your tongue's pierced, you wily fucking devil."

Zadimus batted her hand away. “I have other things pierced, you know, if that’s what really gets you going,” he drawled. “But as it stands, Miss Monroe, you have a filthy fucking mouth and it’s high time someone cleaned up your act.”

CH 8: Bullet on the Tracks

“Did you grab the bacon from up here or downstairs?”

Zadimus pointed to a plate of bacon that looked leaner than usual. “Downstairs for me,” he said, then pointed at the pan sizzling in front of him, “and up here for you.” He dumped the bacon onto a paper-towel-covered plate. “Your mother has a good system, all the cooking vessels are marked so there’s no risk of cross-contamination.”

Dillon nodded, reaching for a slice of her bacon. “Yeah, she adapted pretty quick— fuck!”

“You just saw me take that out of the pan, dipshit,” Zadimus scoffed at Dillon’s pitiful puppy eyes, then pulled her injured finger from her mouth. “It’s just a bit irritated, you’ll live.”

“But it hurts,” she pouted.

With a sigh, he ran his tongue over her finger before resuming his prior task of cracking eggs into the pan. “Better?”

Dillon gaped at the tingling still chasing away the angry red of a minor burn. “Wh— how.”

“Magic.”

“In your… spit.”

“Ah, no.” Zadimus tossed the empty carton into the recycling and the shells into the compost bin. “In general. But my hands were full,” he chuffed with a wink, squeezing her thigh.

Dillon scrunched up her nose to hide her grin. “Letch.”

“Careful, Dillon,” he teased. “I might think you like me and my brazen ways.”

She smacked his bicep, but the smile on her face lit the room and the flush of her cheeks warmed it. Zadimus released her into the kitchen so she could go about fixing coffee, as their infernal, unnecessarily complicated device refused to tell him its secrets. He was buying a machine for himself the next chance he got, something with as few buttons as possible and a normal filter. He got so lost in his fantasy of simplicity he almost missed her question. “Where are we going today?”

It didn’t help that she had half a bagel shoved into her mouth. How someone so small managed to open her jaw so wide— he shook off that train of thought before it could go anywhere that might cause another delay this morning.

CH 8: Bullet on the Tracks

So Zadimus let Dillon poke and prod his fading bruises; the single rib fracture that had started righting itself, the kink in his tail he’d already straightened in the back seat with someone’s hoodie in his mouth to muffle the grunt of pain it had wrung from him. That one smarted a bit, and he gave her a token wince so she’d have something to fuss over. He had been around long enough to know mortals needed to fret and tend to each other after a fight, to regain some control over something when everything else had been more or less out of it. He would never know the fear of a final death, but he understood it, and he had felt the stain it left behind once or twice in his thousand years.

He lifted the pads of her fingers to his lips and kissed the worry from each one, letting the tingle of magic distract her from their ordeal long enough to steal another kiss from her mouth. “See? I’m fine.”

He might have been, but she wasn’t — with her worrying hands at last sated to stillness, Zadimus could see where blood had dried beneath her fingernails, where boiling ichor had stained her knuckles an angry red, where she’d cut her lip either with her own teeth or while she was ripping the wraith apart. Flecks of darkness stubbornly clung to the outer edges of her irises. There was that glimpse again: scarlet braid, leather and metal, sturdy hips and silk-over-steel thighs, and the most vibrantly green eyes he’d ever seen.

There was nothing hard about Dillon except her damned head, but she hadn’t lived through war, famine, pestilence — only a pale horse roamed her pastures, yet she was neither afraid of its bray nor its bite. Her struggles all lived in her heart, and somehow it had still remained as chiffon-soft as the rest of her.

He’d recognize those eyes anywhere, though. Like sunlight reflecting off a dragon’s scales, sharp as a sword and twice as lethal, and when he found himself caught in her gaze—

“Zadimus?”

—the tenderness stabbed him with want so deep, so fathomless, he thought it might actually kill him.

Her lip split again when he crushed his mouth against hers. Blood and moss. She tasted like blood and moss and something ancient, something wild. Energy sparked against his teeth, a volley of arrows meant to take out his fortress defenses, and the energy within him answered in kind, pouring over her tongue and down her throat.

The backs of his thighs collided with the kitchen table. Fuck it. Zadimus let her push him back, spreading his wings across the surface and over the sides like a tablecloth. “People eat here, Dillon,” he teased, even as he helped her climb over him.

She bit his nipple.

Interlude II: Bad Blood

“Pamela Foster,” the newcomer clipped. “Castlebury Park. Sorry I’m late, the homeowner’s association meeting ran long because some people don’t seem to understand neighborhood beautification standards exist for a reason, and a black garage door is an eyesore.”

“Oh for fuck’s sake, Acheron,” Sterling hissed. His chair scraped as he rose, knocking into his hovering servant. If he noticed, he didn’t acknowledge it. “This? This is the fabled new bloodline? What’s she going to do, ask to speak to the manager?”

“Mister La Croix and I have already spoken, actually, thank you.” Pam took her seat at the end of the table. Acheron didn’t miss the mild panic flitting across Jedediah’s face and the subtle scoot of his chair away from her. Interesting. “We’re here because of my turning, correct?”

“A completely new bloodline hasn’t appeared since the seventeenth century, just mutated from older ones, so this is… most unusual,” Idris explained. “We’re sure you’re perfectly capable, but--”

“But what? I sent in my curriculum vitae, you’re all aware of my leadership capabilities, and further--”

“A leader ain’t just a few fancy words on a piece of paper, Pammy.”

Pam’s eyes narrowed and her mouth pressed into a thin line. Acheron felt his entire body threaten to implode into itself to escape. “Do not interrupt me, Mister… the Dragonheart, is it? Or so help me, you will find out why I was chosen as this line’s progenitor.”

Hagar’s mouth quirked up into an intrigued grin. How long had it been since another member challenged him like that? How long since anyone had?

“Further, I have submitted my territory demarcation through the appropriate channels, so I hardly think an entire meeting is necessary. I’m sure you all have better things to do,” the newcomer concluded. Her shock of bleached-blonde hair seemed to move in a breeze only she could feel. What little of it could move, anyway; the pixie cut looked sprayed and gelled and spiked to within an inch of its life.

Her conclusion once more erupted the room into cacophonous bickering, and again Hagar fired his gun to silence it before Acheron could even raise his voice. A second chunk of plaster joined the first. Pam did not look happy about it, and wouldn’t you know, the big brute actually flinched.

“Can we at least pretend we belong in our respective positions and act with a smidgen of civility? We aren’t werewolves,” Acheron snapped. Seconds later, he was clawing at an invisible hand constricting tighter and tighter around his throat.

“The woman I intend to take as my mate is a werewolf, Mister La Croix.” Pam’s eyes glowed a deep, dusky red. Her clothes swept up in the quickening breeze. “Tread carefully.”

#my fic #sneeps.txt #unlikely adventures #the arsonist chronicles

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corporate-advisors · 2 months ago

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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/

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leonardomongillo · 2 years ago

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Leonardo Mongillo - Why You Need the Best Family Law Experts in Case of Domestic Abuse

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kolinskylaw-1 · 6 months ago

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Facing a divorce? Trust Kolinsky Law - The Best Family Divorce Lawyer in Edmonton

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pslaw123 · 8 months ago

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Top Qualities to Look for in the Best Divorce Lawyer in Delhi

Divorce in Delhi is a complex process that necessitates not only legal understanding but also the support of a sympathetic companion.

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Regarding child custody and property divisions, PS Law Firm’s unwavering commitment to excellence guarantees customized and impactful legal counsel, solidifying its preferred firm for achieving favorable outcomes in family law.

Client-Centric Approach:

With a client-centric approach, PS Law Firm distinguishes itself as the top divorce lawyer in Delhi.

Prioritizing comprehending individual needs and concerns, our approach transcends mere legal expertise.

In addition to rendering legal counsel, our divorce attorneys act as empathetic counselors, extending consoling compassion throughout trying circumstances.

The PS Law Firm Advantage:

Customized Legal Strategies:

As the preeminent divorce lawyer in Delhi, PS Law Firm demonstrates exceptional proficiency in customizing legal approaches to suit the specific situations of every client.

Recognizing the unique characteristics of each divorce proceeding, we are dedicated to offering customized advocacy, thereby increasing the likelihood of a positive resolution.

With our customized approach, PS Law Firm guarantees legal expertise and a personalized route to triumph, establishing ourselves as your reliable ally in traversing the intricate realm of divorce law.

Transparent Communication:

PS Law Firm, widely recognized as the preeminent divorce lawyer in Delhi, prioritizes transparency.

We place a high value on transparent and unambiguous communication, guaranteeing that our clients are well-informed throughout the divorce proceedings.

By cultivating trust, this dedication enables clients to make informed decisions at every stage of their legal process.

Transparency is not merely a guiding principle at PS Law Firm; it is a commitment that ensures our clients have a knowledgeable and uncomplicated divorce experience.

Timely Resolution:

PS Law Firm, the top divorce attorney in Delhi, recognizes the critical nature of a speedy resolution.

Because a speedy resolution mitigates the psychological and financial strain on our clients, our divorce attorneys move swiftly to finalize the paperwork.

Our goal is to expedite the resolution of divorce disputes without compromising on quality. By doing so, we provide closure to our clients and streamline and reduce the cost of the legal process.

Navigating the Divorce Process:

Divorce proceedings can be daunting, but the process becomes more manageable with the proper legal representation.

PS Law Firm guides clients through the various stages of divorce, including:

Consultation and Case Evaluation:

By starting your legal journey with PS Law Firm, you will be granted access to a concise yet thorough consultation and a case evaluation.

Through the initial action you undertake, we can acquire knowledge regarding your particular circumstances, examine the specific details of your case, and formulate an individualized strategy for the following phases of the legal process.

Negotiation and Mediation:

PS Law Firm has established itself as the preeminent divorce lawyer in Delhi due to its outstanding achievements in negotiation and mediation.

Our legal professionals prioritize efficiency and harmony in the resolution process to reduce the probability of protracted court battles.

They endeavor to find solutions that satisfy the interests and concerns of all individuals concerned.

Litigation Support:

To protect our client’s legal rights if litigation is necessary, PS Law Firm provides unwavering assistance and makes compelling arguments in court during the proceedings.

We offer legal counsel and are dedicated to standing by our clients and ensuring they have a strong presence in obtaining a just and equitable resolution to their concerns.

Conclusion:

The top divorce lawyer in Delhi, PS Law Firm, embodies strong advocacy qualities and legal prowess.

We navigate your voyage with clarity and efficacy by utilizing a client-centric approach, proficient practitioners, and customized strategies.

We guarantee your secure and robust transition into a new phase, encompassing everything from consultation to litigation.

#Laywer #supreme court #Indian Lowyer #Best Female Lawyer #aesthetic #animals #bollywood

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wedesignyouny · 8 months ago

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The Louis Law Firm, PLLC: How to Choose the Top Brooklyn Divorce Attorney

The Louis Law Firm, PLLC: Your Guide to Selecting the Best Brooklyn Divorce Lawyer

Recognizing the Legal Environment in Brooklyn

When it comes to divorce proceedings, Brooklyn—a borough renowned for its diversity and individuality—presents its own set of difficulties. Legal counsel who is knowledgeable about both the law and the community is necessary due to legal subtleties, local court procedures, and the emotional toll of the process. At LM Divorce Lawyers, we take great satisfaction in our in-depth knowledge of Brooklyn's legal system and our dedication to providing individualized, compassionate representation.

Why Lawyers for Divorce in LM?

1. Brooklyn Family Law Expertise:

With a wealth of knowledge in Brooklyn's courts, our team is an expert in family law.

In order to offer the best possible representation, we keep up with the most recent legal developments.

2. Compassionate and Personalized Approach:

We understand the emotional intricacies of divorce.

Our attorneys give you individualized attention and compassionately and empathetically walk you through the procedure.

3. Strategic and Effective Legal Representation:

Developing approaches specifically suited to your particular circumstance.

We put your best interests first, using diplomacy where appropriate and aggression when necessary.

4. Transparency and Clear Communication:

We support honest and open communication.

Regular updates on case status and detailed explanations of legal choices.

Offerings from LM Divorce Attorneys

1. Divorce Representation:

Contested and uncontested divorce proceedings.

Competent litigation and negotiation for successful results.

2. Child Custody and Support:

Advocacy for fair and just child custody agreements.

Help in calculating child support

3. Property Division:

A tactical method for dividing up assets and property.

Safeguarding your monetary interests.

4. Spousal Support and Alimony:

Guidance on spousal support cases.

Negotiations for just and equal maintenance agreements.

Start Here on Your Journey to Resolution

At The Louis Law Firm, PLLC, we acknowledge the individuality of every divorce case, and our strategy reflects that knowledge. The first step toward a resolution is a consultation during which we hear your worries, evaluate the circumstances, and develop a customized plan of action.

To find out more about how our knowledge, compassion, and dedication to quality set us apart as the top Brooklyn divorce attorneys, visit https://lmdivorcelawyers.com/ . With the assistance of our committed legal team, start a new chapter in your life.

#Top divorce lawyers Brooklyn #Divorce lawyer Brooklyn #Best Divorce Lawyer Brooklyn

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ausetkmt · 1 year ago

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Nine miles before Florida State Road 24 dead-ends in the Gulf of Mexico, a cast aluminum historical marker stands next to a white two-story home – all that is left of Rosewood, a once-thriving, predominantly Black town terrorized and razed to the ground by a racist mob 100 years ago this month.

But thanks to decades of persistence by descendants of victims of the massacre, the memory of Rosewood burns more brightly today than the fires that ravaged it in January 1923, when white rioters, drawn by the unverified account of a white woman who claimed she had been beaten and assaulted by a Black drifter, set the town aflame in a murderous rampage.

Remains of Sarah Carrier’s house in Rosewood, Florida, in a photo first published in Literary Digest magazine on Jan. 20, 1923. At least six people were killed after white rioters set the town ablaze. (Credit: Bettman via Getty Images)

For almost 60 years the massacre, which left at least six murdered while the rest, including dozens of children, escaped in the middle of the night, running through swamps, hiding in the woods and leaping onto train cars, was all but erased from historical memory. No law enforcement agency investigated, and no one was ever charged with crimes.

The erasure mirrored that of racial violence across the U.S., where lynchings and mob attacks in Chicago, Tulsa, Omaha, and in small towns and large cities across the country were, and in many cases continue to be, left unremarked and unremembered save by communities of survivors.

In recent decades Rosewood has made itself the exception. In the 1990s, descendants, working with a law firm that signed on to help them pro bono, pushed the Florida Legislature to commission a study on the history of Rosewood, so historians could verify survivors’ accounts. They marshaled a media campaign to raise awareness of the massacre and to overcome the fears of Black lawmakers that the issue was too divisive. They lobbied conservative state lawmakers by focusing not on racial justice but property rights.

The efforts paid off.

In 1994, after years of legal struggles, the Florida Legislature passed a bill awarding $2.1 million in compensation to survivors of the massacre and their descendants. It was a fraction of what descendants had sought but remains to this day the only government reparations ever paid to victims of anti-Black racial violence in the U.S.

Four years later, Florida passed a law allowing descendants of Rosewood victims to attend Florida colleges and universities tuition-free. More than 300 have done so to date. In 2004, then-Florida Gov. Jeb Bush traveled to Rosewood to dedicate the Florida Heritage Landmark historical marker, memorializing those who died and whose lives were forever impacted by the massacre.

Rosewood descendants and hundreds of other people will gather next week at the weeklong Remembering Rosewood Centennial Commemoration – co-sponsored by the Southern Poverty Law Center – first for a wreath-laying ceremony in what was once the prosperous town and then for a series of events at the University of Florida Fredric G. Levin College of Law in Gainesville, about 50 miles away.

Attendees will celebrate their success at confronting white supremacy and reclaiming history. But they will also mourn what was lost when Rosewood was destroyed, decry the limits of what justice descendants have attained, and condemn both the resurgent white nationalism in this country as well as the deepening pushback in Florida and elsewhere by right-wing politicians and policymakers against an honest reckoning with history.

“We are deeply honored to partner with the descendants of Rosewood to bring this painful history to light – and to radically imagine a future where all people are free from the grip of white supremacy,” said Margaret Huang, president and CEO of the SPLC. “This kind of truth-telling is necessary to end the centuries of oppression and anti-Black racism that continue to haunt communities today. It is through this shared learning and reflection that we, as a nation, can begin to heal and ensure equity and justice for all.”

‘Candid telling of history’

The commemoration has been organized by the nonprofit Descendants of Rosewood Foundation and is co-sponsored by – in addition to the SPLC – the University of Florida and Holland & Knight, the law firm that represented the descendants in their legal battle. Other sponsors include Florida State University, Visit Gainesville, Martin Luther King Jr. Commission of Florida, the Miami Center for Racial Justice and Onyx Magazine.

The keynote speaker at the commemoration will be prominent racial justice attorney Ben Crump, who has represented families in the Trayvon Martin, George Floyd and Flint, Michigan, civil rights cases. The events also include the opening of the Rosewood Traveling Museum at the university, screenings of both the feature film Rosewood – directed by John Singleton – and a separate documentary, as well as several panel discussions featuring descendants, filmmakers, historians, legal scholars and civil and human rights activists.

In an irony emblematic of how much work remains to ensure equity and justice for all, the commemoration takes place just months after a new law took effect in Florida that aims to restrict schools and workplaces from teaching about the United States’ legacy of racism. Last year, the SPLC filed an amicus brief in a federal lawsuit challenging the constitutionality of the law, HB 7. Commonly called the Stop WOKE Act, it is already having a chilling effect on the teaching of history in Florida.

The Florida Board of Education’s specifications for 2022-23 social studies materials have interpreted HB 7 expansively, prohibiting “social justice” and “culturally responsive teaching.” Scholars tracking the implementation of the law warn that in classrooms across the state the teaching of the history of Rosewood; of the 1920 Election Day massacre in the town of Ocoee, near Orlando; and of the lynchings and other racial violence strewn throughout Florida history may be silenced.

Katheryn Russell-Brown, a law professor and director of the Race and Crime Center for Justice at the Levin College of Law, as well as an SPLC board member, said HB 7 demonstrates “how progress happens. Yes, we achieved reparations for Rosewood, but now here comes the rollback. We’re not in the place we were in 1923, but we are still not where we want to be. It’s an ongoing fight. The times change. The goalposts change, but the fight is still there.”

For the SPLC, the opportunity to amplify the work of Rosewood survivors by joining with partner organizations to co-sponsor the commemorative events is “symbolic of our entire fight for racial justice in the South, especially in places like Florida where the pushback is so intense against a candid telling of history,” SPLC Chief Legal Officer Derwyn Bunton said.

Rosewood is “one of a thousand stories where communities of color or just vulnerable, targeted communities had to endure an insane injustice,” Bunton said. “But the children, the grandchildren, the great-grandchildren of those families that were forced into that swamp never let it go. They came together with advocates and communities to seek justice. And that is something that increasingly is at the center of what SPLC is doing, partnering with other nonprofits and organizations to bring about change in the South.”

‘He won’t talk about it’

For some who survived the massacre, the trauma was just too painful to share, even with their families. Jonathan Barry-Blocker was 13 years old in 1997 when his father came into his room and sat down on his bed. There was a movie coming out, Barry-Blocker’s father told him. You should know, he said, because people may be calling us. What his dad shared that day for the first time was that Barry-Blocker’s grandfather, the Rev. Ernest Blocker, was a Rosewood survivor.

“He won’t talk about it,” Barry-Blocker recalls his father warning. “So, you can never ask him questions.”

James Davidson, left, and Edward Gonzalez-Tennant document Rosewood’s African American cemetery in a 2012 photo. Gonzalez-Tennant, who has studied the 1923 Rosewood massacre for decades, says that “there’s a direct connection in terms of understanding this sort of violence and connecting it to what is happening today.” (Courtesy of Edward Gonzalez-Tennant)

Barry-Blocker, now a visiting professor at the Levin College of Law and a former staff attorney with the SPLC, said what he has been able to uncover about how his family history was shaped by Rosewood is unsatisfying. He knows his grandmother’s family moved from Georgia to Rosewood to work in a Black-owned turpentine business that was one of the economic pillars of the town. He knows from county and U.S. census records that his great-grandparents married and then rented their home, near a post office, on the outskirts of Rosewood. He knows his great-grandfather operated an informal store in the town, which had several churches, a Masonic lodge, a school and tidy, two-story Black-owned homes, many with pianos and other ephemera of middle-class lives.

Lastly, Barry-Blocker knows his family fled everything in a panic, in the middle of the night. Somehow, his great-grandparents were separated. And his great-grandmother and the children – his grandfather among them – ended up on a train to Gainesville.

When he started to understand his family history, “I was so angry,” Barry-Blocker said. “The thoughts in my head were: Was my grandfather one of the children screaming amid the violence? Did they have to jump onto that train? Were they in that swamp? And what could have been? Rosewood was a pretty wealthy Black town for the turn of the century. Could my family have built some homeownership, land holdings? Could they have gone to college sooner? After Rosewood, they had to start all over. They had to start from the bottom in a sense, in a place where they had no footing. … What would have accrued to them until now, but for the attack on Rosewood?”

Despite his anger and his questions, Barry-Blocker said he followed his father’s advice. He never asked his grandfather, who lived to his 90s, about the massacre.

“I’ll never know what made them flee, what they went through. I’m still trying to figure stuff out,” Barry-Blocker said. “That’s the rough part.”

As descendants like Barry-Blocker search for answers on their own, historians, anthropologists and archaeologists are also working to shed light on the history of Rosewood and places like it. Edward Gonzalez-Tennant, an assistant professor of anthropology at The University of Texas Rio Grande Valley, spent years studying Rosewood, first as a graduate student and then as an assistant professor in Florida. Using computer mapping and 3D modeling techniques, he combed through thousands of property deeds, conducted excavations and went through a broad range of other sources to re-create as closely as possible what Rosewood looked like before it was destroyed. The virtual world he created is publicly available.

“Obviously doing work like this, a lot of people are upset by it. That’s the past, they say. Why open old wounds?” Gonzalez-Tennant said. “But I think there’s a direct connection in terms of understanding this sort of violence and connecting it to what is happening today. It’s like putting the voices of people who were silenced back into the narrative. Then we can see how we are silencing these communities today.”

‘The blood land’

Indications of how much understanding is still needed are rife in and around Rosewood.

On Sept. 6, 2022, prominent Black psychologist Marvin Dunn, who more than a decade ago purchased five acres in the unincorporated area of Levy County where Rosewood once stood, was victim of an assault near the property. Dunn told police the driver of a pickup truck made several dangerous passes at him and his group gathered on the side of a public roadway. The driver screamed a racial epithet at them. The Levy County Sheriff’s Office later arrested David Allen Emanuel, 61, and charged him with aggravated assault with a deadly weapon, according to media reports from September.

In a 2013 photo, historian Marvin Dunn leads a tour of the site of the Rosewood massacre for students of Eastside High School in nearby Gainesville, Florida. Over a decade ago, Dunn purchased a parcel located where Rosewood once stood. (Credit: Douglas Dunn)

And as for that historical marker dedicated by then-Florida Gov. Bush? It is still there. But it is pocked with bullet holes from vandals.

“Levy County and Rosewood in particular has an element of racism that is dangerous and easily provoked, and that has been clarified by what happened to me on Sept. 6,” Dunn said. “There have always been folks out there who don’t want any Black people coming back to Rosewood.”

That hasn’t stopped Dunn. The author of several books on Rosewood and on Black history, he bought the property with a partner after he discovered on the land the remains of railway tracks likely used by people escaping the massacre.

It is, Dunn believes, just the second purchase by a Black person of land in Rosewood since the town was burned to the ground. A Black family had owned land in Rosewood in recent decades, Dunn said, but left in 2003.

In the years since, Dunn has worked cooperatively with many white local property owners to uncover relics of Rosewood. His land, now a private park, will be the scene of the wreath-laying ceremony on Jan. 8 that will kick off the centennial commemoration. He has raised more than $50,000 in donations to help clear the land.

“There is an importance in owning what I call the blood land, the land where these things happened, for the sake of keeping history alive,” Dunn said. “The best way to remember these experiences is to go to where the blood was shed.”

Picture at top: Attendees of a 2020 service to remember the victims of the 1923 Rosewood massacre gather at a historical marker erected in their honor. Next week, the Remembering Rosewood Centennial Commemoration will include a series of events held in the once-thriving Florida town as well as in nearby Gainesville. (Credit: Zack Wittman for The Washington Post via Getty Images)

#Rosewood Remembered: Centennial of racist massacre that destroyed a Black Florida town spotlights racial injustice past and present #Rosewood Florida #Black Towns Massacred #White Lies #White supremacy #white women and their lies #Marvin Dunn #Black Florida #Black History in Florida #1923 Rosewood Massacre

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hsm-multi-housing · 1 year ago

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Hal Watson Joins Henry S. Miller to Launch HSM Multi Housing LLC

Dallas, TX – HSM Multi Housing LLC is a new joint venture between Henry S. Miller Company and SNK Realty Group, two leading real estate firms with a shared vision of developing and operating multifamily and mixed-use projects in Texas and beyond.

The new company will be led by Hal Watson, a seasoned real estate professional with over 35 years of experience in the industry.

Watson started his career at Henry S. Miller Company as a summer intern while studying at Harvard and later co-founded SNK Realty Group in San Francisco, where he developed 8,000 units of multifamily and mixed-use residential projects across the western United States with the backing of Osaka’s Kishimoto Building Group.

Watson said he is thrilled to return to HSM and join forces to create value for their clients and communities. “I have always admired HSM’s legacy and reputation in the Texas market and I look forward to working with their talented team to deliver high-quality multifamily and mixed-use projects that meet the needs and expectations of today’s residents and investors,” he said.

Robert DuBois, Chief Financial Officer of HSM, welcomed Watson back to the company and praised his expertise and leadership. “Hal is a great addition to our multifamily division. He has a wealth of knowledge and experience that will enhance our capabilities and expand our opportunities in this dynamic sector,” he said.

Greg Miller, Chief Executive Officer of HSM, expressed his excitement about the new joint venture and the reunion with his old friend and cousin-in-law. “Hal is a family member and a respected colleague who has built an impressive track record of success in the multifamily and mixed-use arena. We are delighted to have him back at HSM and partner with him on this new venture that will leverage our combined strengths and resources to create exceptional real estate solutions for our clients,” he said.

Henry S. Miller Company is one of the oldest and most respected real estate firms in Texas. Founded in 1914, the company offers a full range of commercial real estate services, including brokerage, property management, financial, development, and appraisal services. The company’s team of highly skilled and motivated professionals is committed to providing exemplary service to sophisticated investors and clients in need of real estate services.

#multi housing #multifamily #btr #apartment #real estate #real estate development #development #HSM #henrysmiller #SNK

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vietnamlawyers · 1 year ago

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Real estate dispute lawyers in Vietnam discuss land disputes

In Vietnam, land disputes, real estate disputes, and property disputes are among the most complicated disputes that frequently arise in everyday life. Settling these sorts of debates could take time and the land question legal counselor in Vietnam could assist with distinguishing the underlying drivers and propose reasonable methodology for mollification and settlement.

Real estate dispute law firms in Vietnam discuss land disputes

What types of land disputes in Vietnam?

Land, real estate, and property disputes typically involve high stakes and a wide range of topics, including disputes over land use rights, ownership of property tied to land use rights, rights to land use rights derived from inheritance, property division disputes during divorce, disputes over transfer and transformation transactions, leasing, subleasing, and mortgages tied to property or land use rights.

What are land disputes in Vietnam?

A land use right dispute is a disagreement between two or more parties in a land use right relationship regarding the rights and responsibilities of land users.

What should the parties do to resolve a dispute over land? There are two ways in which a land dispute can be resolved: in court or through settlement procedures at state administrative agencies.

Firstly, for some sort of land questions, placation strategy at commune-level People’s Committee of the locality a where the contested land is found is obligatory condition and method.

Specifically, on the off chance that placation by parties can't be accomplished, the gatherings might send a request for pacification to he commune-level People’s Committee of the locality where the contested land is found.

When a petition for resolving a land dispute is received by the commune-level People's Committees, the conciliation process must be completed within 45 days. Only when all of the disputing parties are present can the conciliation take place. On the off chance that any of the questioning gatherings is missing for the subsequent time, the appeasement will be viewed as ineffective.

The following two cases will be used to settle the land dispute in the event that conciliation at a commune-level People's Committee fails:

-The land, first and foremost, debate in which the party has an endorsement or any of the papers recommended in Article 100 of Land regulation and the disagreement regarding resources connected to land will be settled by People’s Court.

Second, in the case of a land dispute in which neither party possesses the aforementioned documents, the parties have a choice between the following two approaches to settlement: recording a composed solicitation for question settlement with a competent People’s Committee or documenting a claim with a competent People’s Court in accordance with the law on civil procedures.

In the second case, the chairperson of the competent People’s Committee is in charge of resolving disputes between households, individuals, and communities when the party chooses to settle at a competent People's Committee. In accordance with the law governing administrative procedures, the parties can either file a claim with the chairperson of the provincial-level People's Committee or sue in a People's Court if they are dissatisfied with the settlement decision.

In the event that one party is an association, a strict establishment, an abroad Vietnamese or an unfamiliar contributed undertaking, the executive of the common level People’s Committee is liable for the settlement. In accordance with the law governing administrative procedures, the parties have the right to file a claim with the Minister of Natural Resources and Environment or a lawsuit with a People's Court if they are dissatisfied with the settlement decision.

It ought to be noticed that the lawfully compelling choice on question settlement should be completely maintained the gatherings. Assuming the gatherings neglect to go along, the choice will be authorized.

The following grounds shall be the basis for the settlement of land disputes in which the disputing parties do not possess a certificate or any of the documents required by the Land Law or the Decree detailing a number of articles of the Land Law:

-The disputing parties' evidence regarding the land's origin and use process;

-Actual land areas that are currently occupied by the parties in addition to the land area that is in dispute and the average land area that is shared by each household in the area;

-Conformity of the disputed land's current use status with land use plans that have been approved by competent state agencies;

-Particular treatment arrangements toward people with worthy administrations to the State; Land use rights recognition, lease, and allocation regulations.

How real estate dispute lawyers in Vietnam could help?

The people of Vietnam do not own land. Land use rights can only be purchased and sold. As previously stated, the complexity of Vietnam's land law and related regulations, as well as the country's long-standing culture of land use, could complicate disputes involving real estate, land, and property.

A mandatory condition and procedure for some kinds of land disputes is that they must be resolved at the commune-level People's Committee of the locality where the disputed land is located. The parties to other kinds of property and real estate disputes could immediately file a claim with the court. It might be difficult to differentiate between dispute resolution methods. In order to avoid or resolve a dispute, it is recommended to consult a real estate dispute lawyer in Vietnam for early guidance and representation.

#land dispute in Vietnam #Real estate dispute law firm in Vietnam

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disputeattorneysinhanoi · 1 year ago

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Real estate dispute lawyers in Vietnam discuss land disputes