FBI & Grand Jury Investigate Riverside DA Office Pacheco covers up Hammond Investigation

Riverside County DA Rod Pacheco orders his attorneys to cover up Senior Investigator Candette Hammonds crimes. Riverside Sheriffs Department concludes their criminal investigation into Candette Hammond stating she falsified criminal reports and committed perjury. Riverside Superior Court judge issues "Very rare" Factual Finding of Innocence to Senior Investigator Luis Bolaños. As a result, he is 100% exonerated and vindicated by Riverside Superior Court.and California state appellate court. Judge SLAMS Riverside County District Attorney's office (Rod Pacheco) for conducting an incomplete investigation which resulted in the Attorney General's office "Rubber Stamping" this incomplete investigation. Lead investigator Candette Hammond developed an "inappropriate" relationship with Bolaños' ex-wife (Jolie Bolaños/Alfego/Morgan/Ryan/Ongley) committed perjury and lied in the report that led to the attempted prosecution of Senior Investigator Luis Bolaños. FBI and Grand Jury Investigates Riverside DA's office.



http://www.youtube.com/watch?v=RfygvP0hQCM&hl=en

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Creative Custody Arrangements | MN Divorce Lawyer

www.MNFamilyMatters.com Minnesota Divorce Lawyer M. Sue Wilson discusses creative custody arrangements for children of couples divorcing in Minnesota. Attorneys at the M. Sue WIlson Law Offices assist clients with Parentling Plans that provide for joint and solo physical custody of children. Minnesota Divorce Lawyer M. Sue Wilson explains the impact of the Internet and cell phones on creative custody arrangements and her attitude toward cooperative parents sharing schedules, time, school activities, and the future as parents. Responsive. Effective. High quality results. We care about your well being.



http://www.youtube.com/watch?v=p1MCsNg7Dmg&hl=en

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Trademark Law in India

Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.

Statue:

The various statues dealing with Intellectual property laws in India are as follows:
1. Trademarks Act, 1999
2. Copyright Act, 1957
3. Patents Act, 1970 as amended by Patents (Amendments) Act, 2005
4. Designs Act, 2005
5. Code of Civil Procedures, 1908
6. Indian Penal Code, 1860
7. Geographical Indication of Goods (Registration & Protection) Act, 1999
8. Semiconductor, Integrated Circuit Layout Design Act, 2000
9. Plants Varieties Protection and Farmers' Rights Act, 2001
10. Information Technology Act, 2000

Requirement:
A 'Trademark' means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. A 'Mark' includes a device, brand, heading, label, ticket, name (including abbreviations), signature, word, letter, numerals, shape of goods, packaging or combination of colors and any combination thereof.

The two main requirements of a trademark are that it must be distinctive (adapted to distinguish the goods/services of the applicant from that of others) and not deceptive. Therefore while selecting a trademark, words that are directly descriptive of the goods, common surnames or geographical names should be avoided as these confer weaker protection to the proprietor even if registered. Now the concept of "well known mark" has been introduced after the last amendment and Section 2 (zg) defines a well known mark as:

"Well-known trademark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services." While determining whether the mark is well-known mark, the registrar will take in to consideration while determining that the mark is a well known mark.

(a) the knowledge or recognition of the alleged well known mark in the relevant section of the public including knowledge obtained as a result of promotion of the trademark.
(b) the duration, extent and geographical area of any use for that trademark.
(c) The duration, extent and geographical area for any promotion of the trademark including advertising or publicity and presentation at fairs or exhibition of the goods or services
in which the trademark appears.
(d) The duration and geographical area of any registration of any publication for registration of that trademark under this Act to the extent that they reflect the use or recognition of that
trademark.
(e) The record of successful enforcements of the rights in that trademark, in particular the extent to which the trademark has been recognized as a well known trademark by any Court or Registrar under that record.

Whereas a trademark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well known trademark for registration under this Act.

"Relevant section of Public" may be actual or potential consumers of, persons involved in channels of distribution of or business circles dealing with the type of goods or services to which the mark is applied.

The Registrar is not required to consider the following facts while determining a well known trademark.

a) The Trademark has been used in India
b) The Trademark has been registered
c) The application for registration of the Trademark has been filed in India.
d) The trademark is well known in or has been registered in, or in respect of which an application for registration has been filed in any jurisdiction other than India or
e) The trademark is well known to the public at large in India.

Priority:
For claiming a priority from an application filed in United States a corresponding application should be filed in India within 6 months of date of filing of original application.

Various Grounds for refusal:

Absolute grounds:

Section 9 of the Trademarks Act, 1999 sets out the absolute grounds for refusal of trademarks, which can be grouped under following heads:

a) Trademark is devoid of distinctive character;
b) Trademarks that are descriptive;
c) Trademarks likely to deceive of cause confusion;
d) Trademarks or signs that are customary in current language and in the bonafide and established and customary practice of the trade;
e) Trademarks comprising scandalous or obscene matter or likely to hurt religious susceptibilities in India;
f) Trademarks consisting of shape which are purely functional or are necessary to obtain a technical result or give substantial value to the goods; or
g) Trademarks whose use is prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950.

Prohibition:
Section 13 of the Trademarks Act, 1999 prohibits registration of any word as trademark which is:
a) Commonly used and accepted name of any chemical element or any chemical compound (as distinguished from mixtures) in respect of a chemical substance or preparation; or
b) Declared by the World Health Organization and notified as such by the Registrar, as an International non-proprietary names.
Relative grounds of refusal:
Section 11 of the Trademarks Act, 1999 sets out the relative grounds for refusal of trademarks, which can be grouped under following heads:
a) identical or similar to a previous mark with and/or without similar or identical goods;
b) Prohibition of use of the trademark under passing off or law of copyright;

Statutory defense available under the Act:
For registration:
a) Honest concurrent use;
b) Acquiescence; or
c) Prior user
Against Injunction suit or criminal matters
a) Use in accordance with honest practices in Industrial or commercial matters;
b) Parallel Imports;
c) Fair use in description of the goods or services; or
d) Generic ness.
Special Considerations in case of well known mark:

As per Section 11 of the Trademarks Act, while considering an application for registration of a trademark and opposition filed in respect thereof the Registrar shall

a) protect a well known trademark against the identical or similar trademark.
b) take into consideration the bad faith involved either of the applicant or the opponent affecting the rights relating to the trade mark.
However this provision shall not effect the trademark if it trademark has been registered in good faith disclosing the material information to the Registrar or where right to a
trademark has been acquired through use in good faith before the commencement of this Act.
Enforcement of Trademarks Rights:

Opposition (before the Registrar) and Cancellation (before the Registrar as well as Appellate Board)
Opposition can only be done after publication of the trademark and within 3 months of date of availability of Journal. One month extension is available if sought before the expiry of 3
months time.

Cancellation on the ground of non-use for a period of 5 years and 3 months and proof of intention on part of the registered proprietor not to use the trademark at the filing date and nonuse till the cancellation petition.

Before the Courts: Ex-parte Injunction, Permanent Injunction, Anton Pillar Order, and /or Arrest and Seizure of goods (irrespective of registration).

Assignment/ license:

Trademarks are now recognized as a "movable property" under the Indian law and can be therefore assigned/ licensed. A trademark can be assigned with or without the goodwill
attached to it.

Renewal:
The trademarks can be renewed perpetually, are renewable for a period of 10 years on payment of prescribed fees.

Express processing:
Under Indian trademark law now it is possible to expedite the various proceeding e.g. search, examination etc. by filing a request with prescribed fees. Indian Trademarks law are at par with the International laws and has stringent procedures for safeguarding and protecting interest of the proprietor of mark.

Author is an Advocate and Registered Patent And Trademark Attorney with Aswal Associates and handles IPR division of the firm and is having the vast experience of having being associated with various premier IPR firms of India in the past. The author is also a member of APAA.

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3 "Musts" to Consider When Choosing an Attorney

First off, many lawyers offer a free or low-cost initial consultation, so have an interview with at least two (2) to three (3) lawyers before settling on one. It will be well worth your time and money to scope out their knowledge base because if a lawyer is licensed to practice in the State of Minnesota, he or she can practice any type of MN Law, including Family Law. You need to remember that one of the main considerations in choosing a family law attorney must be his/her level of family law experience, expertise in dealing with a specific issue involved in your proceeding, and trust and affordability. For example, it is not appropriate for one lawyer to represent both spouses because there is an inherent conflict of interest (the interests of both spouses will most likely diverge at some point).

The second of the considerations in selecting an attorney is whether or not they listen to and understand your goals and concerns. At an initial consultation, you can come away with a very good idea of the lawyer's general working demeanor and how they may handle your case if you were to retain them.

You should always request a written Retainer Agreement before you agree and sign off on the fee structure. The written Retainer Agreement should typically state the hourly rates, whether or not the attorney will pay for other costs of your case through the retainer and whether the retainer is refundable or non-refundable. It is always a good idea to sign a Retainer Agreement which is refundable, so that if you discharge the attorney's service or if the case if completed before your retainer is exhausted, that the remaining monies are reimbursed to you.

Once you pay your retainer, it is placed in the lawyers trust account and the lawyer makes periodic (typically monthly) disbursements from this account depending upon the amount of time that was spent on your case and costs that were incurred in your case. You should receive monthly invoice statements that reflect the work performed on your behalf by the lawyer or the lawyer's staff.

Farhan Hassan concentrates his practice on all areas of family law with a specialty in divorce, including custody, spousal maintenance, complex property issues, as well as appellate practice. Please visit http://www.allaboutdivorcemn.com for specific conversations about getting a divorce in Minnesota.

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