Recently, the Second Circuit Court in New York heard oral arguments concerning Rescuecom V. Google. If Rescuecom eventually wins, the case could have strong implications as to the future of trademark use.

Here’s what’s going on in language I can understand. Google makes its money by selling ads, just like television networks, radio shows, and other forms of media. Unlike this other media, Google sells ‘keywords’ or AdWords to sponsors so their site pops up when a user types in something specific. For example, if you search for ‘monkeys’ a link to PawsWeb.org displays on the far right with the header, “Adopt a Monkey”. PawsWeb.org ‘bought’ the keyword “monkeys” so that every time someone does a search for that term, their site displays. Whenever someone clicks their link, they pay Google some amount of money. Lawyerahead.ca generates vast of amount of traffic by purchasing keywords also. For example the keyword ‘Lawyer‘.  This is good for Google (revenue) and good for PawsWeb.org (increased monkey adoptions). But, what if you typed in something more specific, let’s say a company’s name and a link with that same company’s name (but not the company itself) appears in the top and side ad bars? Thinking it’s the actual company, you click on the link and are directed to some other company’s website.

That’s basically what the case is about. Rescuecom is suing Google because they auctioned the AdWord “Rescuecom” to someone. So whenever you searched (it doesn’t work anymore) for “Rescuecom” a link up top and a link on the side displayed that had nothing to do with the company, Rescuecom. This, as Rescuecom argues, creates confusion and infringes upon their trademark.

The case was dismissed years ago, but the U.S. Second Circuit Court of Appeals in New York decided the lower court was wrong to dismiss it. The panel claimed that, “If the searcher sees a different brand name as the top entry in response to the search for ‘Rescuecom,’ the searcher is likely to believe mistakenly that the different name which appears is affiliated with the brand name sought in the search.”

Oral arguments for the case are rather entertaining and can be viewed here.

In our previous posts we covered the first 3 steps one should take shall he or she is faced with a personal injury.

Step 1:  Meeting Your Lawyer

Step 2:  Starting a Lawsuit

Step 3:  Resolving Case before Trial

Step 4 of a personal injury case is Settlement.  In personal injury cases, the Settlement stage can occur at any moment of time, even before the lawsuit if both parties are willing to settle the case outside the court.  An agreement is reached outside the court if both parties can agree upon a sum of money from the defendant or the insurance company.  It is important to note here that in a settlement stage, a settlement can be reached without the lawyer’s help.  However it is also important to note that a lawyer that has reviewed your case has a better understanding of the right settlement amount much better than you may do.  We can’t speak on behalf of your negotations skills, but a safe bet would be to go through a lawyer.

Step 5 of a Personal Injury case is the Trial stage.  The trial stage in a Personal Injury case isn’t very different from a trial stage of a criminal case for example.  The difference here is that only in rare occurences do a personal injury case goes to trial.  But if the case could not be settled outside the courtroom, both parties will need to go through the trial stage.  A jury is selected, the facts will be presented and reviewed, and the jury ultimately chooses the outcome of the case based on the presented facts.

Stage 6 of a personal injury case is Collecting the money.  After the trial is completed, there is the so-called Collecting Money stage.  At this stage the side that lost will be required to pay compensation to the other side.  There are generally two types of scenarios at this stage.  On one hand, the defendant is able to pay the money and on the other hand defendant is unable to pay the compensation.  In the event of the first scenario the compensation is usually paid immediately to avoid any further expenses that may be incurred due to payment delays.  In the second scenario one can expect many permutations of solutions and that depends on the financial health of the company or individual.   For example, if the lost part files for bankruptcy, the ability to collect the full settlement amount will be limited.  An experienced lawyer will help in defining the possible ways of payment and inform his or her client of all the possible limitations of collection as set by the law.

The final stage of a personal injury case is Appeal.  The defendant can still go through the appeal stage shall he or she is not happy with the verdict in the trial stage.  The lawyer of the other party prapares a brief with arguments that the decision of the lower court was wrong and pass that along to the higher court.  the higher court then reviews only the process of the trial and searches for possible mistakes concerning the case.  If the appeal courts’ decision hasn’t satisfied the attorney and his or her client, the case could be passed on to the Supreme Court.  Again this is very rare in a personal injury case as most are resolved before trial.  Get a top lawyer for your personal injury case through Lawyer Ahead.  It is simply the best way to find a lawyer in Canada.

We have covered the 1st 2 stages of a personal injury case: 

1. Meeting Your Lawyer
2. Starting a Lawsuit

Resolving before going through trial

The 3rd stage of a Personal injury case is resolving the case before trial.  A Motion to dismiss can be filed for various reasons:  lack of subject matter jurisdiction, lack of personal jurisdiction, imporper venue, insufficiency of process or insufficient service of process, failure to state a claim upon which relief may be granted.  A Motion to Dismiss can be filled at any stage of the process if the defendant believes that the compaint is legally deficient in some way.

If the facts are very clear, there is no need for a trial and a Summary Judgement Motion can be filed.  The party’s lawyers who believe that the facts will work out a ruling in his or her favor will ask the court to consider these facts and apply the law to them.

A Motion for Default Judgement can occur if the dendant fails to answer the compaint in time set by the court and the court proceeds to putting defendant in default.  This will be the worst outcome for a defendant because if he or she doesn’t have an appropriate excuse, he or she will not be permitted to contest and will pay the sum set during the trial.

World-renowned karate master and Total Gym spokesman, Chuck Norris is suing Penguin publishing. The suit, filed in New York, alleges that Penguin committed trademark infringement, unjust enrichment and violated Mr. Norris’ privacy rights by publishing the book entitled, The Truth About Chuck Norris: 400 facts about the World’s Greatest Human.

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Carlos Ray Norris (Chuck’s real name) claims, “The book’s title [will] mislead readers into thinking the facts [are] true.” The lawsuit alleges that, “Some of the ‘facts’ in the book are racist, lewd or portray Mr. Norris as engaged in illegal activities.”

These “facts” have developed quite a following over the last few years. People seem rather interested to know that Chuck Norris destroyed the periodic table, because the only element he recognizes is the element of surprise. I myself was shocked to learn that “fighting Chuck Norris is what Meatloaf wouldn’t do for love.”

This is not the first time Chuck Norris has filed a lawsuit. According to sources, Mr. Norris, “Once sued Gillette because Chuck Norris is the best a man can get.” Apparently, Chuck is “also suing ‘Myspace’ for taking the name of what he calls everything around you.”

Penguin beware. Mr. Norris is known to be able to kill two stones with one bird.

For info on Trademarks and Infringements post your case to Toronto Lawyers, Vancouver Lawyers or a local Lawyer in your area.

In our previous post, we discussed your 1st stage if you or someone you know is in a situation where they are faced with a personal injury. In this post, we will take a look at Stage 2 - Starting a Lawsuit.

Stage 2 - Starting a Lawsuit

A Personal Injury lawsuit begins with a Complain drawn up by your lawyer or in event of a serious case - a team of lawyers.  It is the main document that identifies the parties involved, sets out the legal basis for the court’s jurisdiction over the controversy, states the plaintiff’s (you) legal claims, and relates the facts giving rise to the claims.   The compaint document drawn up also has a part labelled as ‘demand for judgement’ or ‘prayer for relief, where the plaintiff sets what he or she wants the court to require the defendant to do.  The request may be compensation in the form of money or action. 

After the court has received the Compaint from the lawyers, the defendant is notified that he or she has been sued.  The defendant has a period of time to appear before court or he or she will be put in default (we will go over what it means to be ‘put in default’).  the defendant can write and answer to Complain and also write a counterclaim if he or she thinks that the plainiff has a part of the complaint filed.  If multiple parties with different interest are involved, Cross-Claims are Third-Party Claims can be filled at this stage.

After the first briefs, both of parties and their lawyers now start the discovery process - in other general terms, reviewing the facts and statements tied to the case.

3rd stage of the Personal Injury Case is Resolving Case before Trial.  We will get to this on our next post.  Stay tuned.  Meanwhile you may post your personal injury case at lawyerahead.ca to begin the process of evaluating if you have a case.

As we have mentioned in our previous blog posts, there are various types of personal injuries and this field has thousands of examples - still it is important to remember that most personal injury cases are usually settled outside the court or without trail.

We will begin examining the stages of a Personal Injury case in 7 stages.  Here is the 1st stage.

Stage 1:  Meeting with the Lawyer

Stage 1 - meeting with your lawyer

Every Personal Injury case starts by first meeting with the lawyer.  It is important to remember that only a professional lawyer can define the types of damages and compensation amounts.   Any other individual without experience nor knowledge in this field will not be able to help you nor do they possess the experience to classify the type of personal injury you might be facing. 

Usually in the meeting with the lawyer, the injured person begins by telling the lawyer all possible details of the accident.  The bigger the case is, the number questions tend to be higher and one can expect the meeting with the lawyer to go on for a longer period of time.  We have had many personal injury clients and as reported by them, they have had to meet with the lawyer for just 30 mins in some cases to over couple hours in other cases.  This is because, in the event the case goes to the court room, even the smallest detail can help you in your personal injury case. 

After the lawyer, or sometimes a team of lawyers , have gathered all the necessary details of the case, they will define to you the types of damages and compensation you can expect.  At this stage your lawyer will discuss with you the entire strategy for your upcoming case.

Stay tuned for the next stage  Stage 2 - Starting a Lawsuit!  Visit www.lawyerahead.ca to get help with your personal injury case.

Structured settlements are a useful means of award distribution in many cases. They can ensure years of financial security for a claimant and their family and lessen many income-related stresses (like mortgages). With this in mind, structured settlements are not always the best option and do have a downside.

Large purchases are made more difficult under structured settlements. One may decide it is necessary to purchase a new car or a home, requiring large, upfront deposits. Acquiring the means to progress with such a purchase beneath a structured settlement would involve consistent monthly budgeting to accumulate the down payment and for the purchase to not be an immediate need. Although most investments of this nature tend to fall into that category, life sometimes throws a curve ball that requires immediate action and ready funds.

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On the other hand, structured settlements are good at regulating a plaintiff’s consumerist behaviors. Like an allowance, these reduce the damage one can inadvertently do to themselves financially by controlling the flow of the award. With a lump-sum settlement, there is often the temptation to go on a spending spree, which inevitably leads to penury. Statistics show that most lump-sum award recipients spend the entire settlement within five years of receiving it. Although many people are responsible enough to invest wisely and self-regulate their lump-sum award, the controls imposed by a structured settlement avoids this issue completely.

“Cash for structured settlement” opportunities may be feasible when situations arise where a person needs to escape the choke hold of their structured settlement. The settlement recipient will most likely take a financial loss by selling their structured award to one of the many companies willing to buy, and sometimes, it may be reasonable to do so. Reasons may include mortgage resets, needs of a child, unforeseen hardships or anything requiring large amounts of money in a short amount of time. Consulting an attorney is always recommended before one chooses to sell a structured settlement. Selling may seem like the surest way to address a current crisis, but one’s lawyer or lawyers may have a subtler solution that is more in the client’s best interest.

Structured settlements are not for everyone. While they offer tax benefits and security, structured settlements lessen a recipient’s control over their own money. Taking into account all of the variables in one’s own life helps them decide the better path to take. Are there children involved? If so, a structured settlement may be a better choice. Is the recipient a savvy investor? In which case, a lump-sum award may benefit them more. Hashing over these and other specifics with a financial advisor will help decide if a structured settlement is best.

Injuries resulting from negligence are troublesome because of the emotional reactions of the injured party to the stresses presented by their current situation. This may cause them to act irrationally and could potentially cripple their chances of getting the settlement they deserve. Here are some Dos and Don’ts for any personal injury case.

Do get a lawyer. The first step in a negligence case should always be to consult with an attorney. Lawyers experienced in tort law and the specific type of negligence a client was affected by will be able to evaluate the merits of the case, how they should proceed, what damages were actually caused, and what the injured party is eligible to receive as compensation.

Don’t threaten whoever the tort suit is against. This may seem obvious, but many are tempted to forgo legal remedies and seek direct revenge. This is never a good idea. Making threats, especially toward a business, may end up irreparably hurting one’s case. Emotions run high in personal injury cases and it’s important to follow a lawyer’s guidance throughout the life of the case.

Do get checked out by a medical professional. A doctor can quantify the actual damage a patient has suffered. This may be something obvious that the injured party already knew they had, but it could be something more subtle and insidious. This benefits the case by putting realistic numbers in the place of mere speculation.

Having a medical professional explain what the recovery process clarifies the situation to a jury if the case goes to trial. Discovering that treatment for the injuries would require four years of physical therapy and an extended absence from work paints a more detailed picture of the hardships the plaintiff will endure - as opposed to simply, her ‘back hurts’. Fleshing out the nitty-gritty details by seeing a doctor will give the lawyer a point of reference for the severity of the injuries and what the claimant is entitled to.

Don’t preemptively take a settlement. In some cases, the offending party may contact the injured party with a settlement before the injured party has a chance to find out the true extent they have been damaged. It is difficult to turn down money right when the initial shock of hospital bills begins, but this is why the offending party offered a settlement in the first place. By taking a settlement at this stage, one is almost guaranteed to be selling themselves short. These arrangements usually entail a signed contract, promising that no future actions can be taken against the offending party. This eliminates any chance of compensation for future, unforeseen expenses. All offers made in these circumstances should be immediately disclosed to one’s attorney. An attorney will know if the client should disregard the offer or, in the rare circumstance of a good deal, if they should accept it.

These are only a few basic rules regarding personal injury cases. A personal injury lawyer will know what particular actions a client should take and which ones they should avoid in every unique case. An injured party is already, in fact injured, so it’s vital one does not compound damage by ignoring these fundamental principles.

Morgan Creek is suing Amaru Entertainment in a Los Angeles Superior Court for backing out of a deal for the life rights of Tupac Shakur. Afeni Shakur, Tupac’s mother runs Amaru. Morgan Creek is seeking damages, filing a complaint stating that a written contract was in place for life rights with Morgan Creek and Amaru is “refusing to honor a contract of a production of a film based on the life of Tupac Shakur.”

Morgan Creek and Amaru have been in talks since November for the rights to Tupac’s story to use for a film. Morgan Creek would need these rights to incorporate Tupac’s music in the movie.

Amaru’s lawyer Skip Miller said, “There is no agreement with Morgan Creek, there never was, and there never will be,” alluding to the suit as a means for Morgan Creek to influence their negotiations. Miller continued on to allege Morgan Creek’s suit has cost them opportunities with competitor production companies and Amaru plans to file against Morgan Creek to recover millions in damages.

Tupac, the best-selling rap artist of all time, made a name for himself with his off-stage antics and his on-stage performances. Brought up in Oakland, California, he sold millions of albums rapping about his life experiences with drugs and crime. Tupac died from fatal gun shot wounds in 1996.

It is rumored that Amaru and Morgan Creek had their falling out in the midst of “Notorious” being released, which featured the life story of rapper “Notorious” Biggy Smalls. Projected to be a box office hit, Fox Searchlight’s “Notorious” grossed a mere $39 million worldwide.

Afeni Shakur produced a documentary about her son, “Tupac: Resurrection” which was released in 2003 and grossed $8 million.

You can file a lawsuit to lawyers, attorneys, toronto lawyers, vancouver lawyers and brampton lawyers by posting your case at lawyerahead.ca.

Information is an essential part of the law. Any communication made between plaintiff and defendant can flavor a case and make it “more real” to jurors if it ever does go to trial. Communiqué such as Email messages between parties provides an insight into what was “really” going on at the time and could be used to leverage a pre-trial settlement. For every transaction, correspondence and memo, a business keeps a copy, yet many still see email messages as disposable. Email messages are equally as important as these other documents and, if email is ever used for business purposes, archiving emails is the law.

The courts perceive the absence of email records as if a business is keeping secrets- no matter what the emails actually contained. The air of suspicion created when there isn’t a record may not be justified, but it is the way things are headed. Since 2006, all publicly traded companies are required under Sarbanes-Oxley to keep email and instant message correspondence records for three years, but what about the mom and pop’s out there? It’s in your interest to archive as well.

In the U.S., the Federal Rules of Civil Procedure or FRCP states that all businesses must keep records of their email and instant messaging communications. Although not all fifty states have adopted these regulatory updates, seventeen have and eighteen are considering it. Small businesses operating in these states may not be aware of this provision, but it does apply and failing to produce records during discovery can lead to hefty fines.

Like many new technologies, there’s a learning curve on how to utilize them with a business. The internet allows many startups to instantly go global whereas twenty years ago, this would be laughable. Many brick and mortar enterprises may “keep up with the Jones” with purchasing, but through actual hardboiled utilization of new technologies, they leave something to be desired. Still, most pride themselves on their adherence to the law, but as they say ignorance of the law is no excuse. With new technology comes new responsibilities and archiving email communications is one of them.

Post your case to a lawyer, lawyers, vancouver lawyers, toronto lawyers, ottawa lawyers, brampton lawyers and mississauga lawyers by visiting Lawyerahead.ca