Friday, July 29, 2011

FACTORS THAT DETRMINE CONSUMER CONFUSION IN TRADE MARK INFRINGEMNET

Trademark infringement occurs when a uk trademark law is used by a third party in a way that infringes a trademark owner’s exclusive use of a trademark. Often, someone uses a similar mark in a manner that confuses consumers about the source of goods and services. For example, the name of a fast-food restaurant "Wendi" is probably confusion with "Wendy's”. Trademark name infringement can only occur when it is likely that consumers will be confused about the source of goods. The aim of this paper is to examine the test and the factors that courts uses to determine whether such a violation happens.

Many courts have developed a balancing test for determining whether a trademark violates on another. This balancing test has a lot of the leading case of Polaroid Corp. v. Polar elected. Corp., 287 F. 2d 492 (2nd Cir. 1961). In this case, the Court identified several variables to consider when determining whether a mark is to interfere in another brand. This balancing test is whether consumers are likely confused about the source of the brand. If the test favors that could result in confusion, the court will rule that trade mark brand infringement exists. On the other hand, if confusion is unlikely, or very little, the court rules against counterfeiting.
The following factors used by judges to assess the possibility of trademark infringement lawyer by the likelihood of confusion for consumers. None of these factors is controlled by the issue of consumer confusion, and each factor must be considered in relation to the final probability of confusion.

The first factor the court will consider the strength of the brands in question. The strength of the brand is determined by the distinctiveness of the mark. The most unique and distinct brand, the brand will be better protected against new users. However, descriptive and generic brand, the courts provide less protection to them. For example, the KODAK brand will receive more protection than a similar product that uses the speed dial PHOTOS.

Another factor considered is the similarity between the marks. The similarity of the marks is tested on sight, sound and meaning. The marks shall be considered as a whole to identify similarities. A brand that is different from the other, but it gives a similar printing business might be considered similar and therefore weigh in favor of confusion. For example, a trademark disputes consisting of the word money could be confused with the mark of $ $ $ because the brands have similar commercial impressions.
The courts will also consider the proximity of the goods on the market. This test concerns sales channels used by the goods. Similar products of the greater the likelihood that they coexist on the market. Related brands, which also could create confusion about the source of these goods. Related products are very likely to cause confusion with independent objects.

The above three factors weigh heavily in determining likelihood of confusion. A mark will not be found confusingly similar with another mark if the two are not found similar in one of these areas, and the complaining mark is considered a weak mark.

Having gone through these courts will consider the likelihood that the prior owner will "bridge the gap" on the market. This factor concerns the possibility that the brand will expand into other product lines. The expansion more likely will take place, the confusion among consumers most likely to exist.
Next courts examine the evidence of actual confusion. When the matter be brought to justice, the display is usually in the form of consumer surveys have divided. The research data of this nature is often a confusion violations crucial.

Courts will also look to sophisticated purchasers of goods or services to determine the risk of confusion. The courts have held that the sophisticated buyers who have expertise in a particular area are less likely to be confused by similarities in the marks. In addition, courts have held that consumers of goods and services that are expensive to exercise greater care to these buyers expensive. For example, a consumer more carefully when buying a car compared to when the consumer buys a piece of candy.

The final factor courts consider the case of trademark logo infringement is intended by the defendant. If a defendant copies of the existing trade mark in bad faith to use the mark of good will to find a violation of court favor. The risk of confusion is the most important in determining the violation, regardless of intent. If copies of the character that does not lead to mislead the consumer, the courts can not find a violation.

Above mentioned facts are not a rigid set of factors used by the courts. Most jurisdictions use some form of the above factors in determining whether a likelihood of confusion happens or not. Despite the different variants, ultimately the courts attempt to discover whether the marks used in commerce, causing confusion among consumers and lead to trademark infringement.

Monday, July 18, 2011

Gross Misconduct and Dismissal a difficult area of Employment Law

If you've seen someone at work, are invited without warning to "leave immediately" or "clean up your desktop, then they may well have been fired unfairly or was found guilty of gross misconduct. This is very serious; this is a situation in which the action of an employee is deemed to express their position in society is simply untenable. This can range from discrimination behavior to violence and drunkenness of the flights, but the result is always the same: the contractual relationship between the employee and the employer is terminated and the employee leaves without notice or compensation in lieu of notice.

The employer must always be presented as the contract is classified as a grave offense, as it makes it easier to identify unwanted behaviors later on down the line. Although it is quite common sense, such activities are regarded as gross misconduct; the employer shall continue to be careful. If they leave serious breach of the employee, and then taken to the Employment Tribunal, they must demonstrate that the decision was just and reasonable, and other "reasonable" employer would have made the same choice.

Contrary to many beliefs, immediate dismissal for gross misconduct does not really mean immediate dismissal. It is assumed as illegal termination of an employee without investigation and disciplinary hearing by allowing the employee to express their views and have them registered. If, after taking into account the circumstances and decide to continue the termination of the employee gives the employee the opportunity to appeal, they can sue youin civil courts or the Court. To complicate matters more, if the employer gives the employee notice of termination or pay, they are seen as weakened their case.

The area of gross negligence is a difficult area of employment law, because the term itself and the procedure is open to several interpretations. In the absence of absolute definition of what Racism at works, what constitutes gross misconduct will always be opportunities for employers to get it wrong.

Monday, July 4, 2011

Mesothelioma compensations with the help of Mesothelioma Legal Lawsuit

Mesothelioma is most common legal issue from the time of the disease and its causes are known to the public. Mesothelioma, which is known as asbestos cancer affects the lining, which is the membrane that surrounds the abdominal organs, the cancer spreads to other organs in the body afterwards. Mesothelioma does not show the same thing when a person inhales asbestos particles.

Although there are isolated cases, many cases of mesothelioma class action lawyers delivered because millions of people suffer at the same time and places.
Mesothelioma patients are able to claim compensation for damage caused by the negligence of the companies that are directly exposed to asbestos or participated in the exhibition.

The families of victims, who have been diagnosed with or has been abandoned in accordance with mesothelioma, may submit a claim. Mesothelioma patients who have been affected by the disease, due to renovations, or under someone followed him in their house, should apply to a lawsuit, those who were exposed to asbestosis during their work.

As soon as the disease is diagnosed, the victims should seek legal representation, because it is a time limit in which the application should be initiated. Make sure the mesothelioma lawsuit is filed within the time allowed, the lawyer should be contacted as soon as the person knows, the legal representative of the infection can build a strong and able to ensure maximum compensation.

The choice of a lawyer’s depends on his legal experience and understanding of mesothelioma in asbestos litigation. Most Mesothelioma lawyers offer free legal advice on mesothelioma and asbestos cases accepted on a contingency basis, meaning that only paid if they succeed in obtaining compensation.
A mesothelioma victim can obtain fair compensation, for different damages, counting: Medical expenses, reduced ability to earn a living, present and past lost income, physical and emotional suffers and punitive damages.

Any case of asbestos related harm including mesothelioma is unique and must be considered on its own facts because of the amount of compensation that someone could get depends on many factors.

Verdicts in mesothelioma legal cases, only give an idea of tendencies in asbestos compensation, and are not an accurate indicator, because of the uniqueness of every case. Data about verdicts reveals the high level of regard for legal claimants compared to other asbestos related claims.
Mesothelioma legal right, to claim a settlement or award, comes with the illness diagnosis, allowing the victim to acquire a financial security during the treatment, besides the compensation of the damage and suffers.