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The search will also help the company to avoid infringement of the trademark and potential court action if it went ahead to register the trademark. Eventually, the duty lies with the registrant of the domain name as the laws of a trademark that are applicable in hard copy would also be applicable on the internet.
A trademark or trademark is a unique symbol or indicator used by people or business firms or another legal enterprise to identify their products or services to end users with which the trademark seems to come from a distinctive source and to differentiate its commodities and services from those of competitor or other enterprises (Reisman 388).
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This application was opposed by several third part websites that are used by online retrials to sell mattresses and bedding whose internet addresses (uniform resource locators) ends in mattress.com or in-between contains “mattress” and “.com”. Dial-A-Mattress argued that the term “.com” was used to evoke “comfort” or “comfortable”.
The way of conducting business has greatly changed from the ancient barter trade to the modern-day way of conducting business; the use of currency. This has also changed the way business people protect their property from duplication/forgery. It is however the introduction of the internet that completely transformed the way of trade.
Under some conditions, trademark protection could find extension beyond the scope that is provided by words, phrases, or even symbols, in order to provide for the inclusion of the other more specific aspects characterizing the product-this could relate to the product size, quality, packaging, color among others (Wilson, 2005).
Contemporary living has more risk of a certain kind than living in the past. Take the case of economic activities particularly now in the international context. There are definitely more and greater risks now, especially in the securities or capital market than when barter was still the medium of economic exchange in any country in the world.
In that case, the need for prevention will be possible and adequate in making sure that no fire break out, and once it does break out, there will be the necessity of coming up with measures which help in giving response and containing the situation (Cole, 2009, p. 89). This is the main role behind the Fire and Rescue Services Act of 2004.
In any country, the capital market – a tool of financial intermediation – plays a very important role in the development of the economy. In the case of the Kingdom of Saudi Arabia (KSA, Saudi or the Kingdom), the capital market is considered one of the areas that hold the key to the nation’s economic future.
The criminal justice system in Italy is based on the modified Roman law which was formulated by the Napoleonic code in 1810. The principles of the code included taking the accused to trial before punishment, proportionality between punishment and crime, eliminating secret accusations, and clarity of the law.
The inquisitorial system is a lawful practice that aims to find out truths while concurrently representing the benefit of the state in a trial. It considers the judge not to be the passive recipient of the information but is basically responsible for supervising the process of gathering the evidence needed to solve the case.
Emotional intelligence has been found to be very important in the workplace. As Goleman noted, emotional intelligence helps people harmonize. When there is harmony in the workplace, a safe working environment is created. Harmony is only built when one can understand his or her emotions and other people’s emotions as well.
Generally, the conventional starting point for the study of any case in criminal law is the set of elements that make up the criminal offense, also known as actus reus. This is also known as prohibited or forbidden conduct but a more accurate description would be the external factors related to the offense.
Human rights include protection from discrimination, freedom from diction and arrest, and freedom from torture. There are two types of fear experienced by a person who is seeking asylum. Subjective fear is the belief that what the applicant for asylum states is likely to happen in case he returns to his home country.
Drug trafficking is the prohibited production and distribution of illegal drug substances and the money involved in these processes, it is generally an illegal drug business. Drug trafficking is a globally based underground economy on the production, manufacture, and sale or distribution of substances subject to the laws prohibiting drugs.
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The happening in the Greentrees area are of a grave nature. The young people, who are looked upon as the future of the area are hopelessly engaged in crime, gun battles, drugs and deprivation. Inhabitants are worried. Not too long ago, there was a successful football team. The youngsters were gainfully engaged. Through sports activities, they developed sound morals and good virtues.
I have to consider the fact that Iraq has been and still is an issue that has dogged the world for a very long time. What is strange about the case is that at the beginning the so-called police of the world were backing Iraq during the Iraq-Iran war; Iran was then accused of trying to spread fundamental Islamic Policies throughout the Middle East, and the West considered that as a threat to its ambitions in the Middle East.
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There are also various issues that show the universality of human rights. This includes the fact that they are highly horizontal, vertical, and historical in nature. They also spread across geographical boundaries. Analysis of the aspect of culture in relation to human rights shows that there are qualities evident in every culture.
All these are for the purpose of reducing the activity of human actions on the natural environment. According to Fisher Douglas in his book ‘environmental law in Australia’, he postulates that environmental law is a mechanism set to check and limit all the activities by man to ensure the comfortability and survival of all other living things like birds, marine life, plants, and animals in their natural habitats.
In this dispute, the concept of equitable (promissory) estoppel means that Gigi can expect to recover damages from Mr Zen should she seek a remedy through the courts. In order for estoppel to apply, a binding contract is not required. Instead, a situation must arise such that it would be unconscionable for one party (in this case, Mr Zen) to abandon his promise to the other party without offering appropriate compensation.
Kuwait was accused by Iraq of stealing its oil through slant drilling. The main reason behind this invasion was the inability of Iraq to pay its debts whereby Kuwait had for 8 years funded Iraq during the Iraq-Iran war. Reluctance by Kuwait to pardon the debts led to some strains between the two Arab countries which finally led to war by Iraq.
Andrew Corkhill in his article talks about the nondelegable duty of care, which lies under negligence in the categories of the broad law of tort also applicable in Australia. Other categories in the law of tort include statutory torts, nuisance, defamation, intentional torts, and economic torts just to mention but a few.
Today we are stuck in the process mindset. It has brought us disasters like the health racketeering bill and a widespread willingness to accept the rogue “supreme” court’s decision. Those who are stimulated by doctrines of justice and have constantly contended for core principles must guide all politics and judge all policy.
A number of conventions were adopted across the world, in order to control the abuse and trafficking of drugs. Chief amongst these initiatives, which are in force, are the Single Convention or the United Nations Single Convention on Narcotic Drugs, 1961; the Psychotropic Convention or the United Nations Convention on Psychotropic Substances, 1971.
Ramsar sites are matters of national environmental significance under the EPBC Act. Any action that is likely to significantly impact the ecological character of a Ramsar site must be assessed and approved by the Commonwealth Environment Minister (Clarke, 2005, p235) according to the Environment Protection and Biodiversity Conservation Act, 1999 (Cth), s16.
Environmental law is a branch of law that is the complex and interlocking body of treaties conventions, statutes, regulations, and common law that widely function to govern the interaction of humanity and the natural environment in a bid to reduce the effects of human activity both on the natural environment and on humankind (Kidd, 2008).
The research problem is given in broad terms by the statement that ‘this research will be about shoplifting’. This statement is valid. The security manager (who I will refer to as male for the sake of simplicity) then attempts to narrow the focus to his own specific shop. But this step is not well justified.
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It helps in decreasing the effects of the activities of man on the environment. This important law serves to protect the environment as well as the general population. It protects all people and should thus be free from discrimination. In the given case, each party has its own rights in relation to environmental law. The following essay gives legal advice and obligations of each concerned party.
Kosovo is a province in the constituent part of the Yugoslavian Republic within Serbia. Kosovo conflict was used to refer to two parallel and sequential armed conflicts in Kosovo. The first conflict occurred from 1998 to 1999 between the Kosovo Albanian rebel guerillas and the Yugoslav military, Yugoslav paramilitaries, and Yugoslav police forces.
Earnings for personal services are assessable in the year of receipt (or constructive receipt) and not in the year in which the income has been earned, except where the services are rendered in the course of a business or professional practice which is subject to an accruals basis of accounting. Added to this fringe benefit income is not taxable.
The criminal justice is taking appropriate measures to stem the number of cases of domestic violence some of the ways it is dealing with these problems include. The crown prosecution service, the service for public prosecution in England and Wales, has been responsible for the authorization of charges for domestic violence cases.
Jill is very fond of animals, especially cats but did not previously indulge because of the number of children she was caring for and their need for space. Now that the children have moved out she saw the opportunity to indulge her interest so she went to the Queanbeyan RSCPA to collect cats, she collected two a male and a female.
The act also includes the duty owed to a special visit by the occupier and ways in which the occupier's van be exempted from liability. This act was very important because it introduced liability to landowners and landlords who were not responsible enough to maintain their property in a way that would ensure safety to all levels of visitors and even tenants.
When the International criminal court was created, nations, NGOs, and international society had expectations that the Court would be the solution to impunity and offer multinational accountability for international crimes. Almost a decade is gone and those expectations have not been met as a result of the inability of the ICC to prosecute suspects.
One has to understand right at the beginning that if one is to trace the position of the Queen within the Australian national polity it would become necessary to trace first the process of Australian independence ad its history and the manner in which the nature of the Queen’s role in integrated within the Australian nation in particular and the Commonwealth in general.
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It is essential that one develops his/her understanding of aboriginal customary law in the context of social fact. The law is a law of the land, the law of survival, and does not have its roots in the deep thoughts of legal philosophers, but in the manner of survival and a reflection of the innate tribal manner of thought and action.
As a result, each visiting committee and each member thereof is entitled always to make visits within the Ireland prisons either jointly or independently. Therefore, each and every visiting committee have, subject to and according to the regulations made by the minister under the Act, perform the following activities in regard to the prisoners confined within the prisons in respect of which they are appointed.
Internet spam is governed by the spam act which was enacted in 2003. It has a number of sections that seek to define more about the act and the meaning of some of the words and terms that have been used. Spam is a term that is used to define junk mails that are received in the mail. The mail may not have a definite source.
Australia is a former British empire and consequently, a member of the Commonwealth operates under the act of constituting the Commonwealth of Australia which was formed after it was liberated from being a British empire. This act states that the commonwealth must be established in Australia and that its constitution must be adopted in Australia.
Generally speaking, every society, in whatever context, desires order in its fullness. This pursuit is usually embedded in the foundation of a good and well-set-up law enforcement system. The one thing that facilitates the realization of peace and harmony within these settings is good and holistic law.
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Australia is a Nation that is made up of Aboriginal and non-indigenous persons. Aboriginal persons are the people who first occupied the Australian land while the latter are the ones who came later to settle on their land. The non-indigenous mighty has come to trade or they had run away from their motherland from either war or some land disputes.
The dual Australia Acts of Common Wealth Parliament and United Kingdom Parliament resulted in the severance of Australia’s allegiance to the United Kingdom except for the retention of the United Kingdom Monarch as Queen of Australia. All three branches of the Government that is legislative, judiciary and executive have become independent of the U.K.’s seal from March 1986 as a result.
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Modern Australian law has its origin in English common law and has evolved over the last two hundred years to its present status. The presence of Aboriginal people was deliberately ignored and it was conveniently assumed that Australia was an uninhabited land in 1788 for the adoption English legal system by the colonial settlers.
Many people and business organizations have found themselves on the wrong side of the law due to a lack of understanding of the basic factors of Australian law. Due to the introduction of internet technology, spam has become a major problem. Marketing companies and individuals misuse internet technology by using spam to advertise their products.
Spam refers to the sending of unsolicited commercial electronic messages and this consists of e-mail, instant messaging, and SMS as well. To help hold back the increasing trend of spam, the Australian Communications Authority (ACA) came up with, The Spam Act 2003, which regulates and protects the public against spam.
It is essential to state that there is almost a universal consensus that everyone in the world is entitled to particular basic human rights in all situations. These rights include certain civil liberties and political rights. The most essential of these include the right to live and physical security.
It is hard for Australia to achieve total independence due to the complications that exist in the structure of her constitution. As long as it is a member of the commonwealth, it has to exist in the shared monarchy where the king of Australia is the same as that of England. However, this does not mean that Australia is still a colony of England.
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The common law Statute is a definite legislative act from which a law originates, in Australian legislation, there are many branches that all constitute the section of the common laws these includes; criminal, traffic, contract, and tort laws. Most of these laws were formulated after the constitution of Australia was enforced in the year 1901.
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Britain has been experiencing increased rates of crimes in the previous decade. Why might the UK be suffering such high degrees of crime? It is not difficult to guess. Officials at almost every level of the UK criminal justice system including prison officials, probation officers and judges complain that few criminals are incarcerated and that those who are arrested hardly obtain sentences that will serve as a deterrent.
Forensic investigators, like all other professionals, are guided by a clearly outlined ethical code. However, owing to many emerging challenges in the forensics profession, forensic scientists often find themselves in a dilemma because some of the puzzles they have to deal with are not provided for in the existing ethical code.