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Intellectual Property
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Pocket Living Will - Preserves Wishes And Assets
She lay alone and unconscious for days until rescued by her mail carrier and police. Mary's foresight in preparing her living will and carrying a special copy with her not only preserved her healthcare wishes but provided the person with her power of attorney the opportunity to protect her assets and carry on with her financial affairs.
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Types of Estate Planning Documents
A Last Will and Testament is a document that sets forth the distribution of your assets at the time of your passing. A common misnomer that people have about Wills is that you have to divulge all of your bank accounts and financial information to the Attorney who is drafting the Will. This is simply not true.
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Dying Without a Will in Texas - What Happens?
Question: ? Is it true that the state gets everything if I die without a Will??
Concerned clients routinely ask this question expressing their concern in keeping the State from taking their hard-earned estate upon their deaths. Fortunately, the State does not take the property of someone dying without a Will. Instead, Texas law dictates how the assets of someone dying without a Will are divided upon their death.
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Intellectual Property Law - Trade Mark Infringement - What is the Overall Impression?
The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark.
Section 10 of the Trade Marks Act 1994 provides, so far as is material: '(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark '.
The claimant company, Wistbray Ltd, was the registered proprietor of a UK registered trade mark 'DRAGONFLY' in Class 30 in respect of teas. It was also the registered proprietor of a European Community registered trade mark for 'DRAGONFLY', combined with a logo of a dragonfly in silhouette in Class 30 in respect of teas. Wistbray had been using the trade marks for the sale of teas since September 2000 and had an annual turnover of about ?1 million.
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Intellectual Property: Patents – Drafting with Reasonable Care and Skill
In the case of Unilin Beheer BV v Berry Floor NV and Ors, Information Management Consultancy Ltd, B&Q plc (2005), the courts ruled that the faulty drafting of a patent application did not amount to lack of reasonable care and skill.
Unilin, the claimant, applied for a patent for a floor covering and the application succeeded. Unilin then became aware of prior art which made it necessary for it to amend the patent application by reducing the scope of the main claim. Unilin also amended the body of the specification so that the text and drawings conformed to the main claim.
After grant of the patent, Unilin sued three defendants for patent infringement. The defendants counterclaimed, arguing that a piece of prior art (Yoichi) had not been cited against the patent.
On 26 September 2003, the court held that Claims 1-19 of the patent were invalid in respect of the prior art Yoichi but Claims 20 and 21 were valid and infringed by the defendant. Unilin claimed damages for past infringements and costs.
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Intellectual Property – Trade Mark Infringement – Advertisement
In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley’s Seminars Online.
In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared that it was the same service as that of the claimant's. The defendant also advertised that they would offer subscribers of CCH Seminars use of Tolley’s Seminars Online free of charge until expiry of the CCH Seminars subscription.
The claimant objected to these advertisements and sought a correction notice. The defendant issued a notice making it clear that CCH was continuing with its own service. The claimant was unsatisfied with this notice and objected requesting a further correction notice on the grounds that the notice still sought to rely on the claimants name and reputation to try to divert customers to the defendant’s competing service.
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Patent Map Generation and Reading
Patent Mapping a way to visualize patent mining results that involves clustering or otherwise orienting patent data on a page so that there is meaning in the spatial relationships among the data points. Patent Landscape: graphical representation of how large numbers of patents relate to each other based on keywords, citations, or patent classifications. It is useful in identify trends, determine patent gaps and opportunities, and design around competitors' patents.
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Protect Your Creativity
As an entrepreneur, you are undoubtedly blessed with the ability to come up with new ideas for products and services. Sometimes, a competitor comes up with a similar idea and manages to make money out of it before you do. A great deal of planning, money, time and effort are required to turn these ideas into invention and innovation.
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Patent Piracy and International Intellectual Insidious Insanity
Spinning like a top the minds of the members of the Online Think Tank are in constant motion discussing issues from around the Globe and with more energy then the older gentlemen with the slower minds in Davos. It is amazing that the Patent Piracy and International Intellectual Insidious Insanity continues to go on to this day, as technology in many nations is stolen and products suddenly appear on slow boats from foreign shores.
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