Tuesday, September 25, 2012

140Law - Legal Headlines for Tuesday, September 25, 2012

Here are the leading legal headlines from Wise Law on Twitter for Tuesday, September 25, 2012:
  • Bill Clinton stirs talk of possible Hillary Clinton presidential bid in 2016 race
  • 2 U.S. marines to be court-martialled in urinating video case
  • 3Taps Files Antitrust Action Against Craigslist
  • Citizens United ruling accounts for 78 percent of 2012 election spending
  • New Jersey attorneys reprimanded for using wrong font size in client solicitation letter.
  • Same-sex marriage case to US high court?
  • Lawyers expect NHL stalemate could go on into overtime
  • Ex-Israeli PM Olmert fined for breach of trust
  • Canadian ‘Globe and Mail’ columnist accused of plagiarism
  • Bar told to embrace trials over summary judgment - Law Times News 
  • Ontario paralegal aims to raise bar
- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

Monday, September 24, 2012

140Law - Legal Headlines for Monday, September 24, 2012

Here are the leading legal headlines from Wise Law on Twitter for Monday, September 24, 2012:
  • Cases put RCMP policy on paying for Mounties' legal bills under scrutiny - Brandon Sun 
  • Ontario Labour Ministry investigating Toronto gas-and-dash death
  • Apple, Samsung demand changes to $1B verdict
  • The Cloud Factories: Data Centers Waste Vast Amounts of Energy, Belying Industry Image
  • Canadian cat runs for mayor of Halifax
  • US Middle Schools Add a Team Rule for 13 Year-Olds: Get a Drug Test
  • Texting blamed for rising teen pedestrian injuries
  • No need to publicly name Canada's divorcing spouses, critics say
  • Pakistani Minister Offers Bounty Over Anti-Islam Video
  • Tom DeLay still waiting to learn legal fate - Topix
  • THE SIMPSONS - Homer Votes 2012
  • Doorey’s “Beginner’s Guide to the Charter and Work Law”, Version 2.0
  • 'Human being' motion excuse to open abortion debate, MPs say
  • Pennsylvania couple charged with selling neighbor's dog on Craigslist
  • NHL argues for legality of lockout in Alberta
  • Batman shooting victims sue movie theater 
  • Medical Pot Law Doesn’t Protect Fired Wal-Mart Worker, 6th Circuit Rules 
  • US Appeals court affirms $9.5 million Facebook settlement over privacy claims - Reuters Canada'
  • Linden MacIntyre: The derailed lives of Kingston Pen 
  • Starved Alberta girl dies, taken off life-support after SCC ruling
  • Legal focus in starved-toddler case shifts to parents
  • Lawyers on the Forbes 400 
  • BC Sex-trade workers group wins SCC bid for court challenge
- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

Friday, September 21, 2012

140Law - Legal Headlines for Friday, September 21, 2012

Here are the leading legal headlines from Wise Law on Twitter for Friday, September 21, 2012, the official last day of summer:
  • Judge gives lawyers drubbing over peace bond appeal
  • Prosecutors give up fight for James Holmes' psychotherapy notebook
  • Did Supreme Court justice tip hand on gay marriage?
  • Judge Denies Request to Remove Anti-Muslim film Trailer from YouTube
  • California judge rejects plea to remove anti-Islam video from YouTube
  • Ohio Amish group convicted of hate crimes
  • As Facebook slumps, Mark Zuckerberg drops to 36th-richest American
  • Lawyer: Man in violent online posts just 'dumb'
  • Why it is inconceivable that Brian Burke is content with the current Leafs Roster via @Berger_BYTES
- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

Thursday, September 20, 2012

The Importance of the Trademark Registration in business internationalization

As a result of the current crisis being experienced in Europe and in Canada in particular, internationalization has become a necessity for any business project of a certain size. To deal with the output guarantees abroad, entrepreneurshave to make sure they can use their brands in the countries to which exported. This problem can be solved with a simple brand feasibility study, and a subsequent trademark that includes the legal requirements of each country.
Consequently and as a step prior to export is highly recommended to own trademarks in the territories objectives, or at least have pending marks, being a key player in trade negotiations with third parties, such as manufacturers, agents or distributors. Possessing trademarks is not only the opportunity to offer a license as part of a trade agreement, also can avoid unpleasant surprises.
 Not the first time after an interesting first meeting with potential allies in an internationalization process appeared a solitude national brand by the other party (under his ownership or under a figurehead) which will make the negotiation in your favor. Imagine what that can mean having to change the name and labeling of a product such as oil. Or what may be even worse if no agreement is reached, find the oil marketing by others of dubious quality, with the same brand in a commercially interesting territory without being able to stop it.
One must also consider the possibility of causing infringements of trademarks by third parties if we introduce products or services into new territory blindly, ie, without knowing that other brands may exist in this territory. The legal consequencesof a trademark infringement can be very unpleasant.
We have a recent example of this type of situation the iPad brand in China: The iPad trademark in China is not owned by Apple . After detection by Apple Inc. earlier trademark in China were launched to acquire such assets. In this case, the changing circumstances and lack of foresight or overconfidence by Apple put their interests on the ropes. Among other things, it formalized the transfer or license of brands to the China Trademark Office, which would have resolved the issue. This is a good test of how important it is to plan and implement strategies well trademark.
As a final note to emphasize that these premises registration should also be considered when attending international trade fairs and exhibitions, spaces created for meetings with potential allies and which attract many eager competitors new ideas.
Always do research previous records in every territory in which to sell and to deposit a trademark application. Early detection of previous records allow making strategic decisions.
Trademark Registration in all countries where activities are carried out or are part of an internationalization plan in the short to medium term, even before contact with potential local partners. Register a trademark in any country is relatively cheap especially if we look at the valuable asset that is acquired and that the investment is for 10 years.

For More Details Please Visit  Us At : www.torontobarristers.com

Doctor Not Liable for Dementia Patient's Fatal Crash

A California jury has found that a doctor has no responsibility for a fatal car crash caused by an 85-year-old patient whom he had diagnosed with dementia but not reported to authorities.

Lorraine Sullivan was driving with her longtime partner William Powers, 90, when she suddenly turned left and into the path of an oncoming car.  Sullivan survived but Powers died of his injuries.  As reported in the Los Angeles Times, Powers’ family sued Sullivan’s doctor, Arthur Daigneault, for wrongful death, arguing that he should have taken steps to have Sullivan’s license revoked.

Doctors are generally not required to report patients they believe are unsafe, but California is one of a handful of states that has such a rule. California requires doctors to report to local health officials patients with "disorders characterized by lapses of consciousness," including dementia.  However, doctors may use their own clinical judgment about whether a patient is a danger on the road.

In 2007, Sullivan complained of memory loss to Dr. Daigneault.  After tests showed a slight decline in cognitive functioning over the following year, Dr. Daigneault prescribed an Alzheimer’s drug, and then switched her to a different drug when she said her memory loss was worsening.  Sullivan’s daughter testified that her mother, whom she saw weekly, successfully hid her dementia diagnosis from her. 

After deliberating for half an hour, an Orange County jury found that Dr. Daigneault did not violate standards of care or state law by not reporting Sullivan to authorities.

The Los Angeles Times notes that “the case casts a spotlight on a problem that will grow more common as the population ages and doctors see more dementia and other conditions related to old age, such as slowed reflexes, lack of alertness and diseases that can trigger lapses of consciousness.”  Drivers 80 and older are involved in 5.5 times as many fatal crashes per mile driven as middle-aged drivers, according to Consumer Reports.  Fifty-seven million drivers older than 65 are expected to be driving U.S. roads by 2030, nearly double the 2007 figure.

The potential risks of elderly drivers gained nationwide attention when a an 86-year-old man drove his car into a farmers market in Santa Monica, California, in July 2003, killing 10 people and injuring 63.  Three years later the driver, George Weller, was found guilty of 10 counts of vehicular manslaughter but was sentenced to five years' felony probation due to his advanced age.  Weller died in 2010.

For an article on confronting an unsafe driver, click here.

For a list of state licensing renewal provisions for older drivers, click here.

Reprinted with the permission of ElderLawAnswers.

140Law - Legal Headlines for Thursday, September 20, 2012

Here are the leading legal headlines from Wise Law on Twitter for Thursday, September 20, 2012:
- Rachel Spence, Law Clerk

Wednesday, September 19, 2012

140Law - Legal Headlines for Wednesday, September 19, 2012

Here are the leading legal headlines from Wise Law on Twitter for Wednesday, September 19, 2012:
- Rachel Spence, Law Clerk

Friday, September 14, 2012

Specialists Help Seniors Buy or Sell a Home

Seniors who are buying or selling a house often have very different issues than younger buyers and sellers. Seniors may be contemplating downsizing or moving to a more accessible home, or they may be looking for a way to age in place. A Seniors Real Estate Specialist (SRES) can help senior sellers, buyers, or renters navigate these issues.

SRESs are realtors who have completed a series of courses on how to help seniors and their families with real estate transactions. They specialize in helping people age 50 and older, and they can be used for selling, buying, or renting. An SRES can help seniors look at all the options available, from staying in their home to buying a new home to moving to an assisted living facility.

The first thing to consider is whether you need to sell or whether there might be alternatives that would allow you to remain in the home. If a sale is necessary, then an SRES can help guide you through the process.

Seniors who are selling their homes may need help de-cluttering and staging their houses for sale. SRESs also are familiar with the senior housing options in an area and can help you buy a home. For example, if you are purchasing a home later in life, you may want to make sure you have a property that has a good market value and can be easily sold by your heirs.

Other things to keep in mind when buying a home are transportation access, too many stairs, and a friendly neighborhood.

For more information about SRESs or to find one near you, click here.

Reprinted with the permission of ElderLawAnswers.

140Law - Legal Headlines for Friday, September 14, 2012

Here are the leading legal headlines from Wise Law on Twitter for Friday, September 14, 2012:
- Rachel Spence, Law Clerk