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How to manage and draw legal helpline in motor cycle accidents

admin — Fri, 04 May 2012 19:59:36 +0000

How to manage and draw legal helpline in motor cycle accidents

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Home Page > Law > How to manage and draw legal helpline in motor cycle accidents

How to manage and draw legal helpline in motor cycle accidents

Posted: Apr 30, 2012 |Comments: 0

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It is always necessary seek a professional legal helpline when you have a situation with motor cycle accident. This is one area where you can never try to win this case all by yourself because defendants are always strong in their support of arguments. In order to present the case to the lawyer, you should always work on your petition and state all the facts with all the details and submit it to your lawyer. This will help your lawyer to know more about the accident and all the pros and cons are discussed with you. This will keep you out of jail and out of trouble with any laws of the country. Its best to choose top lawyers to defend you and fight your case with diligence.

It is important to note here that a lawyer will not only view the case in terms of law but also with good application of the general and common behavior that was present with the truck driver and you who are participants in the case of accident. Whatever may be the damage there is a real need to identify and assess the case to the full extent and receive compensation.

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When you submit your petition with all the facts, definitely it will be viewed with greater concern and all the facts will be verified and examined in the court of law. When you are proved to be innocent victim surely you will receive your claim and all benefits. Its a tricky situation and should be dealt with caution and utmost care.

Another benefit that you can draw from the legal professional is that you can close the case and there are no more developments of the case that is closed in the court of law. Both the parties in respect of accident caused must withdraw from the case and must not discuss about the case at any point of time.

Mississippi motorcycle accident lawyer are definitely an excellent professional legal helpline who possess lot of expertise in various accident laws. You are sure to receive good satisfaction in terms of claim and also in winning the case. So hire the best and most proficient lawyers for your needs.

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About the Author:
Check out 1call.ms for top lawyers.
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A Bankruptcy Attorney Can Stop a Zombie Debt Attack

admin — Fri, 04 May 2012 19:59:29 +0000

A Bankruptcy Attorney Can Stop a Zombie Debt Attack

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Home Page > Law > Bankruptcy > A Bankruptcy Attorney Can Stop a Zombie Debt Attack

A Bankruptcy Attorney Can Stop a Zombie Debt Attack

Posted: Apr 30, 2012 |Comments: 0

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Recently, there’ve been many articles written on the topic of zombie debt. For those people who don’t know, zombie debt is the debt that collection agencies know has been discharged in a bankruptcy filing, yet they continue to buy and sell it as if it’s legal to collect on it. In the financial world, debt collection companies are the bottom feeders of the industry. Many of these companies use unscrupulous tactics to collect on debts that are technically not collectible. Using strong-arm tactics, they force people into paying them extortion money to avoid the threat of a lawsuit or falsely reporting on one’s credit. The main reason for the popularity of this kind of debt from debt collection companies is it is bought for pennies on the dollar. These traffickers of debt, repackage their bad as collectible and sell it for a large profit. Companies that buy the debt, go after the debtor with a vengeance even though the debt might have been included in the bankruptcy discharge when the individual was filing bankruptcy.

There was an article in BusinessWeek entitled prisoners of debt that discussed the zombie debt in particular. It seems, that many of these companies search for debt that was included in a bankruptcy filing, even though the debt is legally uncollectible. A bankruptcy attorney can tell you of many stories of how creditors are attempting to collect on debts that have even passed the statute of limitations and is no longer collectible. It appears that these unscrupulous debt collection companies prey on individuals after filing bankruptcy by re-reporting the debt to the big three credit reporting agencies. After that, the debt will continue to weigh down one’s attempts of rebuilding their credit after the bankruptcy filing. Unable to get lower interest rates on an automobile or a home, the debtor will many times bow down to the extortion attempts of the debt collection company to make go away. After someone goes through the stress of filing bankruptcy, they should not have to worry about debts that were included in the bankruptcy discharge.

The light at the end of the tunnel is this practice is completely illegal and the consumer can receive remedies for being violated by a debt collection company. If a debt was included in a bankruptcy discharge, the debtor should contact their bankruptcy attorney and report the illegal activity by the creditor. The bankruptcy attorney can go after the creditors using the remedies under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. These laws were written to protect consumers from creditors that don’t like to play by the rules.

This is another reason, why an individual after filing bankruptcy, needs to keep a close eye on their credit report post bankruptcy. Many times it is just a mistake that can be corrected, but in some cases, it could be maliciously being done to extort money from an already beaten down debtor. These unscrupulous companies know that many of these people don’t have the fight left in them nor the resources and they end up just paying. The funny thing is, rarely are tactics played out by the original creditors. Usually, zombie debts have been sold multiple times and most of the companies that own them don’t care where they came from. Because of the egregious nature of these creditors, people need to send a message and have their bankruptcy attorney for them where it counts, in their pocketbook.

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About the Author:
Sandra is a writer from California. She loves writing about law. she also likes movies, hiking, music, reading, cooking
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Geographical Indications Registration in India

admin — Thu, 03 May 2012 21:36:07 +0000

Geographical Indications Registration in India

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Home Page > Law > Intellectual Property > Geographical Indications Registration in India

Geographical Indications Registration in India

Posted: Apr 29, 2012 |Comments: 0

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Geographical Indications (GI) of Goods is a word or expression used in the description and presentation referring to a country or to a place situated therein as being the country or place of origin of those goods. The mark of a GI suggests that the product possesses certain qualities, made according to traditional methods, which corresponds to a specific geographical location or origin. Geographical indication covers any name, geographical or figurative representation or any combination thereof conveying or suggesting the geographical origin of goods to which it applies.

Under the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of intellectual property rights. India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 which has come into effect on 15th September 2003. The legislation will be administered through the Geographical Indications Registry under the overall charge of the Controller General of Patents, Designs and Trademarks. A Geographical Indications Registry has been established in Chennai for the purpose of administering the legislation. Geographical Indication Rights have already been obtained for ‘KANCHIPURAM SILK SAREE, ‘ASSAM TEA’ and ‘BASMATI RICE’.

It is advisable to register geographical indication in India as it builds up enormous goodwill and reputation in respect of the goods. Moreover, the registration stands as proof of validity and no further evidence is required by the Court. Though registration of the geographical indication in India is not mandatory, by registering the owner can stop more effectively the unauthorized use of the registered geographical indication by other persons and support producers of the goods. The term of GI in India is initially for a period of 10 years and can be renewed from time to time.

The following cannot be registered in India as Geographical Indications:

The use of which would be likely to deceive or cause confusion;
The use of which would be contrary to any law for the time being in force;
Which comprise or contain scandalous or obscene matter;
Which comprise or contain any matter likely to hurt the religious susceptibilities
of any class or section of the citizens of India;
Which would otherwise be disentitled to protection in a court;
Which are determined to be generic names or indications of goods and are
therefore, not or ceased to be protected in their country of origin, or which have
fallen into disuse in that country;
Which, although literally true as to the territory, region or locality in which the goods
originate, but falsely represent to the persons that the goods originate in another
territory, region or locality, as the case may be.

Procedure for Registration

Application

Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods can apply for the registration of the geographical indication. The Applicant has to be a legal entity and should be representing the interest of producers of the good applied for.

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The Register of Geographical Indications is divided into two parts, part A and Part B. Part ‘A’ consists of particulars relating to registered geographical indications and Part ‘B’ consists of particulars of the registered authorized users. The various steps that the applicant should follow for the registration of their geographical indications in India are as follows:

The applicant can file a single application for registration of a geographical indication in different classes of goods as per the prescribed format. The application can be filed in the Office of Geographical Indications, Chennai. The application to be filed should contain a statement indicating the special characteristics of the goods, unique features and its linkage to the
specific geographical location including human creativity involved. It should also include three copies of geographical map of the area of production certified by a competent authority.

Examination

After the application has been filed, the Examiner examines the application and the statement of case. Deficiencies if any found through a preliminary examination will be communicated to the Applicant or his agent. On compliance of the deficiencies, the Registrar will constitute a Consultative Group of experts to ascertain the correctness of the particulars furnished in the Statement of Case. Based on observation of Consultative Group, the Registrar will issue an Examination Report. The Examination Report may contain objections to the acceptance of
the Application or proposal to accept it subject to such conditions, amendments, modification or limitations as he may think fit to impose. The Applicant is required to comply with the requirements within two months of the receipt of the examination report failing which the application will be treated as abandoned.

Acceptance and publication

Upon compliance of the requirements by the Applicant, the Registrar accepts the
Application. Upon acceptance, the application will be published in Indian Geographical Indication Journal.

Opposition

Upon advertisement of a GI application in the Indian Geographical Indications Journal, any person may, within three months of the publication, file an opposition. This initial period can be extended by a period, not exceeding one month, by filing an extension application to the Registrar along with the prescribed fee. The application for extension shall ordinarily be filed before the expiry of the period of three months. After serving the opposition documents on the Applicant and after examining the evidence and hearing the parties, the Registrar of Geographical Indications may decide whether and subject to what limitations or conditions the registration is to be permitted.

Registration

The Registrar of Geographical Indications may register the geographical indication after the application has been accepted and not opposed or if opposed the opposition has been decided in favor of the Applicant. Thereafter the Registrar will issue the Registration Certificate in the prescribed format and sealed with the seal of the Geographical Indications Registry to each of the Applicant and the authorized users.

Renewal

The registration of Geographical Indication in India is initially for a period of 10 years and can be renewed from time to time. If a Registered geographical indication is not renewed, it is liable to be removed from the register.

Prohibition of Assignment or Transmission

Under the Indian Geographical Indication Act, a registered GI shall not be subject to assignment, transmission, licensing or any such other agreement affecting the rights. A Geographical Indication is considered as a community property belonging to the producers of the concerned goods. However, when an authorised user dies, his right devolves on his successor in title.

Rectification

An application for rectification of Geographical Indications can be made to the Registrar or the Appellate Board for cancelling, expunging or varying of any entry relating to a geographical indication or of the Statement of Case.

Appeal

An appeal to the Intellectual Property Appellate Board is available to an aggrieved person from any order of the Registrar under the Act or the rules. It should be made within three months from the date of receipt of such decision or within such further time as the said Appellate Board may allow.

Authorized Use

Part B of the Register of Geographical Indications contains the particulars relating to the registration of authorised users. A producer of goods can apply for registration as an authorised user, with respect to a registered Geographical Indication. Such person should apply in writing in the prescribed form along with prescribed fee. An authorised user has the exclusive rights to use the Geographical Indication in relation to goods in respect of which it is registered.

Enforcement

A person infringes a registered geographical indication when he falsify a geographical indication or falsely apply a geographical indication to the goods that originate not from the territory in respect of which such registered geographical indication relates.

Civil Suit: The registered proprietor of GI can initiate either infringement and/or passing off proceedings against an infringer. The infringement proceedings can be initiated if the geographical indication is registered. If not registered, the owner can move passing off action against the infringing party. The reliefs usually awarded include injunction, damages or accounts of profits, delivery-up of the infringing labels and indications for destruction or erasure.

Criminal Case: The Geographical Indications Act also details remedies for infringement of GI under the criminal laws too. When a person is convicted of an offence for falsify or falsely apply geographical indications, the Court may direct the defendant to forfeit the goods. Such person may also be imposed with imprisonment for a term not less than six months which may extend to three years and with fine, not less than fifty thousand rupees extending up to two lakhs rupees.

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About the Author:
P.M.George Kutty, Attorney at Law of www.pmgip.com. Author is an Advocate and Patent and Trademark Attorney with PMG Associates, Intellectual property Law Firm, India. Author is a member of INTA, APAA, Bar Council, High Court Bar Association and has various articles on Intellectual Property to his credit. The author can be reached at: info@pmgip.com
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Pedestrian Accident Lawyer Advice: How to Avoid an Accident

admin — Thu, 03 May 2012 21:35:59 +0000

Pedestrian Accident Lawyer Advice: How to Avoid an Accident

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Home Page > Law > Pedestrian Accident Lawyer Advice: How to Avoid an Accident

Pedestrian Accident Lawyer Advice: How to Avoid an Accident

Posted: Apr 30, 2012 |Comments: 0

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Accidents to pedestrians often occur when there’s a vehicle involved. Unfortunately, pedestrian accidents are all too common in cities and towns across America. When an accident occurs, the pedestrian may suffer serious injuries. In these cases, the advice of a pedestrian accident lawyer is crucial. Pedestrians involved in accidents that are not their fault should seek help from a pedestrian accident lawyer as soon as possible, in order to discuss their rights and what they can do to receive justice for their injuries. In an ideal world, of course, we as pedestrians wouldn’t need to call on a specialist lawyer because we wouldn’t be involved in an accident in the first place. In the real world, accidents are not completely avoidable, but there are steps you can take to minimize your risk and keep yourself safe on the streets.

When walking to the store, strolling around your neighborhood, or accompanying the kids to school, always be aware of your surroundings and the traffic that is close to you. Pay careful attention to crossings in particular. Drivers should pay attention to the traffic signals, but some will not; you can prevent injuries by checking to see how the traffic is behaving before you walk into a crossing. Don’t assume everyone on the road is sensible, careful, and law-abiding.

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You can also play your part in keeping the street accident-free by only crossing where it is safe to do so. Using crosswalks is still by far the best way to get across a road. If you must cross somewhere other than a marked crossing, make sure you are certain nothing is coming. Use basic road safety skills to check the road.

Sometimes, drivers will not see you if their vision is obscured by another car, a tree, or some other obstruction on the sidewalk. You need to take responsibility for your own safety and not assume that a car will slow down or stop. Equally, don’t assume that a car is slowing down to let you cross the road. If you step out in front of a car because you think they are letting you pass, you could get hit when they haven’t seen you. Don’t be a reckless pedestrian — use the sidewalks provided and refrain from stepping out into the road, for whatever reason. If you are walking in a city or town at night, try to wear light-reflective clothing and take extra care crossing roads. And if you drink a lot of alcohol, don’t walk home — a drunken pedestrian is likely to cause injury to himself or other road users.

Meshbesher & Spence has over 50 years’ experience representing Minnesota families in injury cases. Visit http://www.meshbesher.com/practice-areas/pedestrian-accidents to find out more about the service of a pedestrian accident lawyer and how Meshbesher & Spence can help you with your claim.

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About the Author:
Meshbesher & Spence has over 50 years’ experience representing Minnesota families in injury cases. Visit http://www.meshbesher.com/practice-areas/pedestrian-accidents to find out more about the service of a pedestrian accident lawyer and how Meshbesher & Spence can help you with your claim.
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Do You Need a Pedestrian Accident Lawyer?

admin — Thu, 03 May 2012 00:32:37 +0000

Do You Need a Pedestrian Accident Lawyer?

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Home Page > Law > Do You Need a Pedestrian Accident Lawyer?

Do You Need a Pedestrian Accident Lawyer?

Posted: Apr 30, 2012 |Comments: 0

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Unfortunately, many people in the United States are involved in accidents every year. The statistics say that over 4,000 pedestrians die in the United States annually, following a traffic accident. And thousands of American pedestrians are injured each year, needing the attention of a specialist pedestrian accident lawyer .

If you are involved as a pedestrian in a road traffic accident, you should consult a pedestrian accident lawyer as soon as you can. A specialist lawyer knows what to do to get justice and compensation for an accident that was not your fault. Accidents that happen between vehicles and pedestrians occur for a number of reasons. The most common cause of pedestrian injury is when the pedestrian crosses the road at a point where there is no crosswalk or signal. But accidents also happen when a pedestrian crosses at a signal, whether they are crossing against the signal or with it. Pedestrians can be injured when they get out of vehicles or on and off buses.

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Most accidents that involve pedestrians and cars happen in urban areas, and a large percentage happen at night. Many accidents happen when the pedestrian or the driver is drunk. When you are walking in an urban area, you have a responsibility to act safely, as the driver also has a responsibility to drive safely. You should always pay attention to traffic lights and signals and obey them. If there is no crosswalk or signal, the driver must yield to the pedestrian once they have stepped into the road to cross. But never assume a car will stop. Sometimes a driver may not see you as you step out into the road because their view is obscured by something on the sidewalk — or another car — or, the driver may simply not be paying attention. It is best to play it safe and wait until there are no cars coming your way before you cross.

If you have suffered an accident on the road as a pedestrian, and you feel that your injuries were due to a driver or other road user’s negligence, you should seek help from a legal professional. If an accident wasn’t your fault, you can claim compensation. Stay safe on the street — but remember your rights as a pedestrian.