According to World Intellectual Property Organization, a trademark can be defined as "any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors." The trademark of Magic Wand Remote Control will be the diagonally slanting picture of a magic wand in a rectangular box. The rectangular box will also display the small pictures of electronics and electrical items in the background. The trade mark will connect to the potential customers as…
For my individual research assignment, the question I must answer is “should the liver allocation system be maximally fair or maximally efficient at producing added years of life from organ transplant?”. The main dilemma is should we give a liver which is a rare and valuable resource to someone far away but won’t survive without it. Or, is it more ethical to give it to someone who is closer but is not in as critical condition. At first glance, I tend to think that everyone should have a fair…
Under the Texas Rules of Civil Procedure Rule 94, we are entering answer of affirmative defenses. We the defendants enter an answer of affirmative defenses for Failure to Consideration. The Plaintiff failed to follow proper procedure in notifying defendants of court proceedings. The defendants received notification dated March 13, 2017 demanding full payment of past due balance. This document was retrieve form defendants mail on March 28, 2017. Documents stated that we the defendants would be…
PARTIES: P = Ensign and others D = Walls PRIOR HISTORY: Plaintiffs claimed that Defendant’s business constitutes a nuisance. Trial court enjoined defendant from continuing her business after 90 days. Defendant appealed. FACTS: For some years, at 13949 Dacosta street, in the city of Detroit, the Defendant had a business of raising, breeding and boarding St. Bernard dogs. Her business is adjacent to the Plaintiff's neighbor, Defendant's business would give off obnoxious odors and…
Hooters of America Inc. Vs. Annette R. Phillips 173 F.3d 933; 1999 U.S. App. LEXIS 6329 Facts The defendant - Annette Phillips - had been employed by Hooters in Myrtle Beach, South Carolina. The plaintiff of the case was Hooters of America, Inc. When she was hired by Hooters Annette Phillips signed an arbitration agreement as part of her employment contract. This agreement stated that any conflict that arose between her and the employer would be handled through an arbitration process. Inside…
Phil Phillips sued Dryette in Texas District Court under the negligence theory and Strict liability because their product drymax2000 has design and manufacturing defect which badly injured him and kept him out of his job for 16 months. Phillips resides in Houston –TX and wants 1 million dollars in damages. He suffered real injuries and his real damages were $180K, which caused him several burns in a hotel in Germany during his trip in 2012. Under Goodyear v. Brown, the court defined that…
The issue in this case was whether PHBV was the BO on dividends paid by Prevost. This court has considered the “BO” meaning under an OECD tax treaty and used a form over substance approach to determine whether PHVB is the holding company for Prevost. The tax authority argued that the PHBV was not the BO of dividends received from Prevost. However, the court disagreed by relying on Canada’s domestic law definition of BO as “the person who “receives the dividends for his or her own use and…
THIS REPORT IS RESTRICTED ACCESS DUE TO A **********PREVIOUS WORKER (JACQUELINE LEE) ON THE CASE BEING INVOLVED IN PREVIOUS CASE. THE WORKER IS ALSO A FRIEND OF THE FAMILY.*************** The reporter stated he doesn't want the report done in the county because everyone knows everyone. He doesn't want them to be bias. He wasn't satisfied with the outcome of a previous case. PER REPORTER: There are no lights, water, or gas in the home. It have been off since Friday, January 19th. It's unknown…
Claim A complaint that fails to sufficiently state a claim for relief will be dismissed under Fed. R. Civ. P. 12(b)(6). A complaint can be dismissed if it (1) accepts all of the allegations provided as true, and that the allegations cannot be provide legal relief and; (2) does not state a plausible claim for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Yuliano’s complaint alleges that CDI has on numerous occasions submitted fraudulent test results and bills for a project they…
B) The Nordstrom security guard did not have constructive possession of Marshall’s property because he did not have the special relationship required to establish constructive possession. One of the ways constructive possession is satisfied is if one has a special relationship with the employer. See, e.g., People v. Galoia, 31 Cal. App. 4th, 595 (1994) (finding no special relationship when a “Good Samaritan” lacked sufficient interest in the property being taken). Constructive possession is…