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Category Archive : Law Dictionary

Internet Law And Social Media in The UK

Internet Law And Social Media in The UK

The internet is often deemed to be like the Wild West. It is viewed as a lawless region where people can act outside the laws of the land. This is not the case. The jail sentences handed down to a number of individuals who tweeted or posted Facebook messages about the riots in England in August clearly illustrate that there laws governing what can be posted online carry real consequences. Breaking the law online is as serious as breaking the law offline.

The law that the social media users broke was the Serious Crime Act 2007. Although the law was not set up to cover the use of social media, the use of social media was much lower in 2007 than it is now, the law of the land applies online to the same degree that it does off line.

The Serious Crime Act 2007 states that either “intentionally encouraging or assisting an offence” or “encouraging or assisting an offence believing it will be committed” is viewed as being as serious as carrying out the act itself. So if you post a Facebook message encouraging people to riot and loot then it …

Copyright an Overview on the Subsistence of Copyright

Copyright an Overview on the Subsistence of Copyright

Sources of copyright Legislations

We will begin by understanding where the source on copyright comes from and it is the Copyright Designs and Patents Act 1988 (CDPA). It is the CDPA that is the main regulation for both copyright and unregistered design rights.

The Purpose of the CDPA

This really is to provide the owner of the copyright in a work the right to avert others from trying to copy their work.

Classes of Work Safeguarded

An important point to make note of is that only these categories are protected by copyright:

original literary works;

original dramatic works;

original musical works;

original artistic works;

films/sound recordings/broadcasts; and

typographical arrangements of published editions.

This is a closed list hence any works that cannot be found in any one of the categories will not be covered by copyright. As a consequence it is important to decide what (if any), category a given work falls within as the first task of addressing any subject on copy right.

Criteria to Satisfy for Copyright Protection

When faced with a new copyright matter it is critical take into consideration that the work you are involved in must satisfy …

When Your Child is Charged With DUI?

When Your Child is Charged With DUI?

You have discussed it with your child. You may have instructed your child to avoid drinking and never drive car after drinking alcohol, but it has happened. Despite all good advises, he has had an error of judgement and he is sitting in a police station – arrested. Driving under the influence (DUI) is a very serious offense in New York. But thank God for the fact that he is alive.

Drunken driving is big contributor to road-accident deaths. According to National Highway Traffic Safety Administration, nearly one-third of all deaths of 15- to 20-year-olds are the result of a motor vehicle crash and about 35 percent of those fatalities are alcohol-related. The age distribution of driving under the influence of alcohol in 2010 shows that an estimated 5.8 percent of 16 or 17 year olds and 15.1 percent of 18 to 20 year olds reported driving under the influence of alcohol in the past year(Ref ). One silver lining is that the trend shows a decline.

It is illegal for people under the age of 21 to purchase and possess alcohol in New York. Blood Alcohol Concentration (BAC) limit for adults, also …

Intellectual Property Practice by Design Only For USA Trained Attorneys – Could This Be true?

Intellectual Property Practice by Design Only For USA Trained Attorneys – Could This Be true?

Experience is the best teacher, a saying found true through personal experience in reestablishing my legal career in the United State. Interested foreign licensed attorneys from common law or civil law systems should undertake research before leaping for the “Green Pasture opportunities in the USA”. Not only does the USA Legal market have unbalance or unique rules in place, but entities like State Bar Organizations, American Bar Association and Government Agencies have crippling rules only patient, strong-minded and persistent foreign attorneys can fight to achieve the dream over years. I will discuss the disastrous ABA rules, Specific State rules crippling foreign lawyers Chances in practicing or favorable competition in Job market in the next Paper.

The targeted audience for this article includes, foreign trained and licensed lawyers planning on migrating to the United States with hopes of continuing a legal career already established in home countries (Specific to this article IP practice), Law School graduates or undergraduates planning to move to the USA to pursue legal practice opportunities and individuals with questions regarding Law practice opportunities in the United States for lower positions.


Trademark Infringement Attorney

Trademark Infringement Attorney

Trademark infringement is usually a rampant problem throughout the Web space. Third parties are selecting established trademark s and also websites, web programs and on internet sites without having authorization of the trademark holder. One area of internet associated trademark rights is constantly on the draw attention. The use of alternative party trademarks as key phrases in advertising for the Google, Bing, Msn and other advertising and marketing sites remains controversial. The use of those trademarks in the text of commercials triggered by keywords and phrases is also controversial. A Trademark infringement attorney will help you about this.

The reasons you require a Trademark infringement attorney? Trademark regulation precludes alternative party uses of an established trademark (either a general law mark or even a registered trademark) when such third party use would tend to cause misunderstandings among customers regarding the base, foundation, sponsorship or affiliation relating to the trademark holder and the alternative party while using the mark. Keyword infringement law suits have been filed against the companies using the trademarks, and also organizations for example Google who supply software systems to serve up those ads.

When a company bids on the trademarks of its direct competitor, …