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Freedome of Expression Rights vs. The Trademark Act

Freedome of Expression Rights vs. The Trademark Act The freedom of expression is an important right enshrined in S. 2(b) of the Canadian Charter of Rights and Freedoms. The Trade-marks Act protects the right to protect your registered trademark against depreciation from others making use of that mark. There can be friction and tension when these two rights conflict.

Canadian courts have had to deal with these conflicts several times to determine whether free speech trumps the rights of a trademark holder. For example in Source Perrier SA v Fira-Less Marketing Co, (1983) 70 CPR 2d 61, Fira-Less sold Pierre Eh! carbonated bottled water, and claimed that it was a parody of then-Prime Minister Pierre Trudeau. Source Perrier successfully obtained an injunction against Fira-Less. The court in this case said: “[t]he most liberal interpretation of ‘freedom of expression’ does not embrace the freedom to depreciate the goodwill of registered trademarks, nor does it afford a licence to impair the business integrity of the owner of the marks merely to accommodate the creation of a spoof.”

In the later case Michelin v CAW Canada, (1996) 71 CPR (3d) 348, the court drew a distinction between commercial and non-commercial use when in …

India Patent is a Platform to Share Information on Patent and Innovation

India Patent is a Platform to Share Information on Patent and Innovation

Patent Registration in India aims at preventing and protecting the unauthorized use, selling and importing of the product or process innovatively invented. Patent is a legal right/document given by government to the inventor of the any new and useful product. patent registration is an exclusive right given for definite number of years to the inventor of the product. The protection is granted for a limited period, generally 20 yrs. patent renewal fees are payable every year. The first patent renewal fee will be due at the expiration of the second year from the date of the patent. Thereafter renewal fee should be paid at the expiration of every succeeding year. Payment of patent renewal fee in advance is permissible. If the renewal fees is not paid within the prescribed period the patent will cease to have effect on expire of such period. However, it is advisable to get patent renewed for twenty years at once.

Patent registration is one of the powerful tool and favored law services for the newly get invented products. It act as powerful tool in order to prevent one’s innovative invention from the unauthorized …

Consult Workers Compensation Lawyers For Your Rights And Monetary Benefits

Consult Workers Compensation Lawyers For Your Rights And Monetary Benefits

Every company, whether they have a few employees, or hundreds of workers working for them should have proper safety measures so that there are no mishaps or injuries. But at times, accidents happen and to get the best benefits, the workers should hire workers compensation lawyers who can help them to get the rightful compensation to cover the financial losses from their inability to work after the injury. If any worker in Illinois desires to consult about any kind of work related injuries with a professional lawyer to acquire compensation rewards, then the best people who can offer help are Illinois workers compensation lawyers.

These lawyers can handle any cases related to workers compensation and it is their knowledge and skill that helps the workers to get the best benefits. According to the workers compensation law, an employee is entitled to receive a certain amount of money for the injury or accident that took place at the company and that arose out of and in the course of their employment. All the workers are covered under this law and employers are required to follow these legal rules to carry out …

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 …

4 Key Components of Normal And Routine Psychological Assessment Process

4 Key Components of Normal And Routine Psychological Assessment Process

The term psychological assessment can be defined as the evaluation of an individual by a qualified and skilled psychologist to determine the required mental health services. A number of people are specifically referred for the specialized tests and mental health screening processes. At the same time, many people have to undergo the screening for employment, education and legal purposes. Most of the experienced psychiatrists determine the mode and process of evaluation by observing the behaviours and tendencies of the individuals. Normally, the purpose and method of mental assessment vary from one individual to another. But most of the psychologists concentrate on some key components, irrespective of the format of the psychological assessment.

Interview: Most of the psychologists prefer observing their clients during a personal interview. They simply talk to the individuals to collect information related to the background and current state of mind. When the interviewee is answering the questions, the professional pays close attention to his verbal as well as non-verbal clues. The response of the interviewee is also evaluated based on his tone and voice inflections. Normally, the psychologist asks questions pertaining to specific questions, situations and statements. …

Texas DWI The Effect of Field Sobriety Tests On Your Case

Texas DWI The Effect of Field Sobriety Tests On Your Case

This article will detail how field sobriety tests may affect your case and whether you should refuse the tests entirely. Most people who are stopped for suspicion of DWI will be asked to exit their vehicle and perform a series of field sobriety tests. Under Texas law you are under no obligation to perform these tests, and by refusing you are neither implying nor indicating that you are guilty of driving while impaired.

By refusing all tests, both field sobriety and breathalyzer tests you may actually be giving yourself a better chance later on as there will be little real evidence against you other than the officer’s observations which are very subjective at best. The goal of field sobriety tests is to prove your mental or physical abilities were extremely compromised by the alcohol in your system and the police officer will almost never tell you that the tests are voluntary.

The problem with field sobriety tests is that they are so difficult that even a stone cold sober person might be unable to complete them to the satisfaction of the police officer. In fact, even the National Highway …

Motorcycle Accident Lawyer to Avail The Deserved Compensation For Injuries

Motorcycle Accident Lawyer to Avail The Deserved Compensation For Injuries

There is a steep rise in the motorcycle accidents and the main reason for this careless driving. The victims of these accidents have to go through very severe physical and monetary ailments. So in order to claim the right companion, we must be aware of the laws and other legal information’s pertaining to it. This will definitely help you with the case.

Though the lawyer is responsible for the case procedures, it’s always better to have an understanding regarding the details of the case. You must be aware of the details regarding the compensation. The co-passenger or the owner has the right to claim the compensation for medical expenditure, compensation for disability and permanent disfigurement.

The insurance companies try to under compensate the victims. In cases where the driver is found guilty, he is liable to give compensation to the co-passengers also. Investigations are done by the insurance companies and they tamper with the evidence to reduce the amount do compensation. In these cases, we need the professional assistance of a lawyer. The lawyer who knows all the law points either negotiates with these companies or takes up the issue …

How To Register A Company In Cyprus

How To Register A Company In Cyprus

Cyprus was formerly the internationally acclaimed hub of wine production. Today, it serves another business, the business of international banking and corporate formations. A Cyprus company registration can be done in a relatively short time depending upon the required services of the corporate shareholders and CEO.

You can prompt to have it done almost completely over the internet. There are multiple sites advertising the ease of their Cyprus company registration process. Most of these services require a bit of paperwork but can set up a quick corporation within a week for a nominal fee. This is particularly beneficial for people who need to quickly set up a Cyprus corporation for international business transactions in a hurry.

These businesses have shelf companies. Already incorporated into the registry of businesses in Cyprus, these can be bought and immediately begin doing business. It is a unique aspect of many tax havens providing these services to facilitate the international trading markets. Cyprus opens the markets predominately between Russia and acts as the hub of trade for the European Union due to its rather lax taxes. The only major tax Cyprus takes out is the VAT at 18.5% …

Are Civil Bench Warrants Worth Getting?

Are Civil Bench Warrants Worth Getting?

I am not an attorney, I am a judgment referral expert (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in every state. Nothing in any of my articles can ever be considered legal advice. Whenever you require legal advice or a strategy to use, you should contact a lawyer.

One of the age-old tools in judgment enforcement are debtor (and 3rd parties that know or possess about the debtor’s assets) exams at the court. A related tool is document production requests. What happens when a properly-served debtor fails to show up at the court hearing?

If you request and pay the court, they will request or issue a bench warrant (actually named a Warrant Of Body Attachment). You must pay the court or sheriff, to get a warrant issued and made active.

What happens afterward depends on what state and county your judgment debtor resides at. In some places in the US, the judgment debtor gets picked up and becomes a mandatory guest at a sheriff or court office, sometimes overnight guests, and informed they better show up at the next hearing, and if they do …

Negligence in Employment in Canada

Negligence in Employment in Canada

Negligence in employment covers several actions in tort law, mainly when an employer is responsible for the accident (or other tortuous act) caused by the employee. The employer in this case is negligent in providing the employee with the ability to create this situation. A person who is claiming negligence must prove that the defendant owed them a duty of care, that this duty was breached and that the claimant was injured as a result of the duty breach. This duty exists only if the injury is labeled as “reasonably foreseeable” (can cause the harm of the type which occurred at the current accident). The claimant must also be the person for whom the harm would be a “reasonably foreseeable consequence”. Generally the law divides Negligence in employment in four scenarios: negligent hiring, negligent retention, negligent supervision and negligent training.

Negligent Hiring

Negligent hiring is a situation when the employer hires the employee ignoring some of his work records that pointed to the fact that the accident can occur. This is one of the cornerstones of negligence in employment, because at this point everything depends on the actions of the employer and his professional skills …


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