#property advice

[assist-group]

Real Estate Assist on LiveJournal

Real Estate Tips and Advice in South Africa

[isawthismeme]

[valtsv]

my dad is exactly the same "why are you wearing these unflattering clothes. a girl should not hide her forms" 1) not a girl 2）kgkfjfjfjksks so weird and why are you obsessed about how your kids dress uunh like thats so weird (my sister dresses too "provocatively" for him so theres really no winning)

good luck, and fuck dads

honestly. it doesn't stop being creepy and uncomfortable just because it's your parents saying it. if anything it makes it even more creepy.

[suntails]

job market misery

[spxnglr]

This is giving the Busters in 1984 2024 vibes.

[corporate-advisors]

Reliance Corporate Advisors (RCA) is a leading professional service firm in Nepal, offering legal services and financial advisory from top lawyers and Chartered Accountants.

INTELLECTUAL PROPERTY AND TRADEMARKS IN NEPAL: PASSING OFF

1. INTRODUCTION

1.1. A significant purpose of trademark registration is protection of your brand in a competitive marketplace whereby your registered trademark provides a unique and distinguished identity to your products or services.

1.2. Section 2(c) of the Patent, Design and Trademark Act, 2022 (1965) (the “PDT Act”) defines a trademark as a word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or service of others.

1.3. All trademarks registered as per the PDT Act are entitled to protection from passing off and infringement. Section 16(2) of the PDT Act explicitly prohibits the copying or unauthorized use of a registered trademark without ownership transformation or written permission pursuant to Section 21 D of the PDT Act.

1.4. Section 19 of the PDT Act imposes penalties for illegal passing off and infringement, including fines and confiscation of goods, based on the gravity of the offense.

1.5. The Trademark Directives, 2072 (2015) (the “Trademark Directives”) ensure further protection to registered trademarks which are as follows:

1.5.1. To freely use the trademarks registered in their name.

1.5.2. To prevent other firms or companies from using the same trademark without permission in a manner that may cause confusion through display, viewing, speaking, hearing or other presentation.

1.5.3. To grant permission for trademark use to other firms or companies under certain conditions for a specific duration.

2. PASSING OFF AS THREAT TO TRADEMARKS

2.1. The Department of Industries (the “DOI”), a quasi-judicial industrial property authority under the Ministry of Industry, Commerce, and Supplies in Nepal, is responsible for the regulation and protection of all registered trademarks.

2.2. Any allegations of trademark infringement or passing off can be brought before the legal division of DOI. DOI has the authority to conduct hearings and issue rulings akin to those of a District Court in the country. Moreover, if parties are dissatisfied with the DOI’s decision, they have the option to appeal such decision to the High Court and eventually to the Supreme Court of Nepal, if such appeal meets the criteria of law.

2.3. Despite statutory provisions and legal precedents upholding trademark rights, Nepal faces significant challenges with trademark infringements and passing off cases.

2.4. Passing off occurrences, especially with well-known trademarks, are increasing, posing a threat to consumer rights and intellectual property protections.

2.5. “Well-Known Mark” has been defined under Section 2(f) of the Trademark Directives as a mark specified by the Government of Nepal (“GoN”) to be well-known. Nevertheless, as of the present date, GoN has neither released nor clarified the criteria for recognizing a well-known mark. This leaves the definition open to interpretation by the courts and DOI; some instances of courts interpretation have been discussed in paragraph 5 below.

2.6. While case precedents protect well-known trademarks, the lack of clear legal provisions raises doubts and potentially deter multinational corporations from trusting brand protection in Nepal.

3. WHAT CONSTITUTES AS PASSING OFF?

3.1. A trademark passing off is said to have occurred when a party, typically a business or individual, misrepresents their goods or services in a way that creates confusion or deception amongst the consumers, leading them to believe that the goods or services are associated with another party’s established trademark.

3.2. Goodwill, built through consistent branding, production, and advertisement, is a crucial element in passing off cases. When another competitor passes off on this goodwill of another trademark, the consumers are the ones who must face the direct hit as they might end up with subpar products or services under the mistaken belief that they are associated with the legitimate brand.

3.3. Lord Langdale MR, in the case of Perry v Truefitt, said that “a man is not to sell his own goods under the pretence that they are the goods of another trader”.

3.4. From interpretation and as a matter of practice to establish passing off, certain key elements need to be present such as:

3.4.1. The existence of goodwill: Claimant has to showcase the goodwill or reputation that they have built around its brand through its consistent branding, production, supply, and advertisement in a particular market or amongst a niche of consumers.

3.4.2. Misrepresentation: A clear misrepresentation from the alleged infringing party has to be demonstrated, that could deceive or confuse consumers into believing that.

3.4.3. The likelihood of confusion.

3.4.4. Actual or potential damage.

3.5. For instance, producing and selling a cold drink with its packaging, symbols, words, and colour combinations like that of Sprite, (a well-known trademarked soft drink product), with just a few tweaks and changes of letters or adding prefixes or suffixes on the mark construes as passing off.

4. WHAT ARE THE REMEDIES ONE CAN SEEK AGAINST PASSING OFF?

4.1. As a first rule of the thumb, to ensure the protection of a trademark, the crucial step is its registration with DOI. As outlined in Section 21B of the PDT Act, “The title to any patent, design or trademark registered in a foreign country shall not be valid in Nepal unless it is registered in Nepal by the concerned person.” This implies that trademarks registered in foreign jurisdictions, even those within the state parties of the Paris Convention for the Protection of Industrial Property, 1883 (the “Paris Convention”), will not enjoy protection in Nepal unless they are registered locally.

Note: Internationally, recognized well-known marks, as evidenced in case laws (discussed in paragraph 5, below), receive certain protection due to their widespread popularity. However, such protections cannot be guaranteed for well-known marks, if unregistered.

4.2. As per law, the DOI must facilitate the registration of trademarks from foreign countries without conducting elaborate inquiries if an application is filed along with relevant certificates of registration in the foreign country. This is in alignment with the provisions of the Paris Convention, as per Section 21C of the PDT Act.

4.3. However, as a matter of practice DOI conducts its regular investigation (as applicable for local trademarks) even if prior filing right is claimed as per the provision above.

4.4. After the registration of a trademark, if an entity attempts passing off an already registered trademark, an opposition claim can be filed at the Law Division of the DOI within 90 days of the publication of the mark in the Industrial Property Bulletin (“IP Bulletin”). This is in accordance with Section 21A(2) of the PDT Act.

4.5. Pursuant to Section 24(2) of the Trademark Directives, the opposition can also be filed in another language, provided that a notarized Nepali translation of the opposition claim is attached.

4.6. Upon the filing of the opposition, the DOI will refrain from issuing a trademark registration certificate for the opposed mark. The opposition will go through a similar process of litigation whereby the Parties will be called for hearings and the DOI will provide its decision on the opposed mark.

4.7. If either party is dissatisfied with the DOI’s decision, they have the option to appeal at the High Court within 35 days from the date of the decision.

4.8. On a different note, Section 25 of the Trademark Directives also provides administrative and judicial bodies for the enforcement of trademark rights. These are:

4.8.1. District Administration Office

4.8.2. Nepal Police

4.8.3. Customs Offices

4.9. These offices have been vested with the responsibility to work individually or collaboratively within their jurisdictions.

4.10. The collaborative efforts of the DOI and the mentioned administrative agencies can significantly enhance the protection of industrial property rights held by businesses, ensuring a healthy market environment for both consumers and competitors.

5. CASE LAWS RECOGNIZING THE PROTECTION OF WELL-KNOWN MARKS:

5.1. Kansai Nerolac Paints Limited v. Rukmani Chemical Industries Pvt. Ltd., NKP: 2077, Decision №10561.

5.1.1. Earlier, Rukmani Chemical Industries had registered the Kansai Nerolac Paint Nepal Pvt. Ltd. at the DOI, leading to the DOI prohibiting Kansai Nerolac Paints Limited, a Japanese multinational corporation, from using the Kansai Nerolac brand. Following an extensive legal battle in the DOI, High Court, and Supreme Court, the Supreme Court ruled in favour of Kansai Nerolac Paints Limited, establishing key principles:

5.1.1.1. “Deceptive similarity” is said to be constituted if a trademark or the words used are identical, or the trademark is displayed with modifications, such as the addition of prefix or suffix, creating a phonetic similarity with minimal dissimilarity and if presented in a similar manner at first glance.

5.1.1.2. Time limitation is not applicable for revoking the registration of a trademark if it is registered with bad faith or the registration process seems malafide.

5.1.1.3. Ownership and right over a trademark of a foreign company does not end only by virtue of the registration of such trademarks by a local company. Even after the registration of a mark copied from a well-known foreign mark by a local company, if the foreign company applies for registration of the mark at a later date, the registration in the name of the local company automatically ends.

5.2. Virgin Enterprises Limited v. Virgin Mobile Pvt. Ltd., 12 June 2023, Department of Industries

5.2.1. An opposition was filed by Virgin Enterprises Limited (“Virgin Enterprises”), a member company of the Virgin Group against Virgin Mobile Pvt. Ltd., a local company for the ownership on the mark “VIRGIN (and logo)”. Virgin Enterprises had registered their mark in Class 9 and 38 whereas the local company Virgin Mobile Pvt. Ltd. (“Virgin Mobile”) was seeking to register the mark in Class 35.

5.2.2. The DOI rejected the application of Virgin Mobile based on the following:

5.2.2.1. The “VIRGIN” mark has been registered and used by Virgin Enterprises in Nepal and other countries and thus is a well-known mark belonging to Virgin Enterprises

5.2.2.2. The mark in question, “VIRGIN (and logo)” did not appear to be the original creation of Virgin Mobile.

5.2.2.3. Virgin Mobile filed the application in bad faith.

5.2.2.4. Allowing registration of the mark in the name of Virgin Mobile will adversely affect the goodwill of Virgin Enterprises and cause confusion among consumers.

5.2.3. The DOI also reiterated its position that a well-known mark shall receive protection not only in the class in which it has been registered but also in other classes as well as in non-competing goods and services where the well-known mark does not have registration.

5.3. Six Continents Hotel Inc. V Holiday Express Travels and Tours Pvt. Ltd., 10 July 2023, Department of Industries.

5.3.1. An opposition was filed at the DOI by Six Continents Hotel Inc. (“Six Continents”) for their trademark “HOLIDAY INN EXPRESS” registered in Class 43 in Nepal against a local company Holiday Express Travels and Tours Pvt. Ltd. (“Holiday Express”) which had filed to register its mark “HOLIDAY EXPRESS TRAVELS AND TOURS (and logo)” in Class 35.

5.3.2. Six Continents opposed this application claiming that “HOLIDAY INN” marks are globally well-known marks and the application was filed in bad faith and can confuse the public.

5.3.3. The DOI made the following determination in the given case:

5.3.3.1. HOLIDAY INN marks have been registered and are used by Six Continents in Nepal and other countries and thus are well-known marks belonging to Six Continents.

5.3.3.2. Holiday Express’s proposed mark does not seem to be its original creation and the application has been made in bad faith.

5.3.3.3. Allowing registration of the “HOLIDAY EXPRESS TRAVELS AND TOURS (and logo)” mark to Holiday Express Nepal can adversely affect the goodwill of Six Continents and therefore shall cause confusion among consumers.

For more details go to: https://reliancecs.co/

[monsterkong]

Discover the Long Beach Advantage with David Goodwin and Andyan Carter Group

🌈 Unlock the Best of Long Beach Real Estate with Our New Team Member 🌈

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David and I have been dreaming of this collaboration for years. Our shared background in Long Beach – from our childhood adventures in Naples to our deep knowledge of the local landscape – brings a unique perspective to our real estate services. Our connection to this community isn’t just a professional asset; it’s a personal passion that drives us to offer the best possible service to our clients. 🌟

Long Beach is a city full of character, with each neighborhood offering something different. Whether it’s the charming streets of Naples, the vibrant community events, or the serene parks, we know every detail. David’s extensive local experience means he can provide insights into every aspect of the area, from school ratings to local hotspots. This personalized approach ensures that you find a property that perfectly fits your needs and lifestyle. 🏘️

When you work with us, you’re not just getting a real estate agent – you’re getting a team that genuinely cares about your journey. We’ll take you on a tour of the neighborhoods, show you around, and help you understand what makes each area unique. Our goal is to make your search as enjoyable and stress-free as possible. 📍

Excited to start your real estate adventure with us? Reach out today, and let’s find your perfect home together. With David on our team, we’re more equipped than ever to help you achieve your real estate goals!

#LongBeachRealEstate #DavidGoodwin #AndyanCarterGroup #LocalExperts #HomeBuying #RealEstateJourney #NeighborhoodTours

[acollectiveofeightythousandrats]

Fobblegunk here.

I heard you were running out of pinot noir. Good news! I "happened upon" several hundred crates of the stuff. All tested and high quality.

I've sent some to you as a token of my thanks for last week's "outing" where we "socialised with higher members of society". I rather enjoyed talking to Elon Musk with you and I'm rather glad we "convinced" him to part with all of that money.

Anyway, I'm rambling. Hope you are all well as always. Same time next week?

Oh my dear sweet fobble. More Pinot! We were running at dangerously low capacity, and had to switch to tap water to survive these last few days. I cannot thank you enough.

As for our outing, us rats that joined you were delighted with the outcome. I’m very happy we “peacefully departed” with the fortunes of such a “reputable businessman”.

If you happen to be interested in another grand and illustrious (DEFINITELY NOT A HEIST) may I suggest the Nestle hq? Your dear estranged half cousin thrice removed in law Gobblefunk got into trouble with some kitkat counterfeiters and we wouldn’t want the Big Chocolate Company Who Has Absolutely Committed No Atrocities to think they were one of the choco-criminals.

Thanks again for the help pal. Happy to share a glass of the white stuff (apple juice) anytime!

Much love,

The Rat Collective

[selamat-linting]

vagueposting but it confuses the shit out of me when people on tumblr praises someone for founding a company like, so many of you here proclaims yourself a leftist but thinks its commendable when someone is creating jobs like, did you read anything about the exploitation of surplus value or have you been phoning it in? no matter how kind a boss is, profits are still the result of the worker's labour power, one that the bosses dont fucking deserve to take. even if the company is in the red, the time and effort spent by the workers will never be properly compensated. but okay, fine, this is a capitalist world, we all gotta work to eat and being a ceo is not a sin but like, dont act like starting a company is a moral act either.

also some of you trust company pr way too easily. no matter how much a business brands themselves as a counterculture or as an alternative, theyre still operating under capitalism! to survive they have to follow what sells or at least signal potential growth to investors. whatever idealism they have will be quickly eroded and there's always an effort to cut costs that could endanger workers. this is a universal truth in all industry. more business competition only means that there will be more of the same shit in different wrappers. same brand of cereal with different boxes. and the workers will never ever get any material benefit from it because the trickle down effect is a fucking myth no matter where it is or who youre working for. a rising tide lifts all ships is a myth. honestly bullshit like this could be spotted from a mile away but so many people i know are always shocked whenever a company they think is good are doing a crime even (especially) the self proclaimed leftist ones. what the hell? i thought yall are reading marx! i thought youre all observing the news and the world around you!!!

[assist-group]

Real Estate Assist a Homeowners Lifeline in South Africa

Real Estate Assist is a company that offers alternative solutions for real estate owners, particularly those who are facing financial difficulties. The company is based in Cape Town, South Africa, Unit 611 Tyger Valley Healthcare Centre, 43 Old Oak Road, Bellville Park​1.

Real Estate Assist services are aimed at helping homeowners in SA in several ways:

Keeping Your Home: If you're struggling to keep up with mortgage payments and your property is at risk of repossession, Real Estate Assist can provide advice, guidance, and collaboration to stop foreclosure, legal action, and sale in execution. They work with creditors and industry professionals to address your challenge. To qualify for this assistance, you need to own property and have a consistent stable income​2.

Buy Time & Maximise Your Proceeds: If you need to buy time to stop or avoid legal action or an auction of your home, Real Estate Assist can help. They provide alternatives to ensure you get the most out of the sale instead of being forced to accept a bank sale. To qualify for this program, you must own a residential property and be prepared to sell it​​ if that is your best solution after an in-depth assessment. Real Estate Assist provides an in-depth Debt Assessment Free Consultation

Consolidate Debt and Get Out of Debt Review: They offer help to recover from short-term debt without debt review and assist you in building financial courage to shorten the delay in your financial recovery​.

Unlock Cash or Equity from Your Property: Real Estate Assist can help you unlock your equity from your property to address urgent needs, settle debts, or have immediate cash flow. To qualify for assistance you must own a property and have equity available between your bond and the value of your property​.

Improve to Sell: They provide services to improve and renovate your home before selling it to maximize your profit. This service is offered to any qualifying homeowners who have equity in their property​.

They also mention a disruptive concept where they aim to provide sustainable and bankable solutions, facilitate processes to keep or sell homes, assist in maximizing proceeds from the sale of homes or real estate, and provide governance and protection. They even assist non-qualifying prospective home buyers into home ownership by helping those who do not qualify for a mortgage bond due to various reasons​.

If you want to avail of their services, you will need to fill out a pre-qualification form on their website. After submission, they will immediately start to find a unique solution for you​​.

Their contact information includes email addresses for two individual, Paul Van Niekerk , a WhatsApp number (060 861 7817), and a general email address (enquire@realestateassist.co.za)​

[son-of-a-groke]

i have gotten my first crystals for my altar i am trying to set up

[ukmoneyman]

August 2023 – Bank of England Raises Interest Rates From 5% to 5.25%

Learn more about the interest rate increase this week, with our monthly market update newsletter. Find out what it means for your mortgage and how we can help.

Read Here: https://ukmoneyman.com/aug-23-mortgage-market-update/

#InterestRates #MarketUpdate #Mortgages

[propertyexperttips]

BEST INVESTMENT IN REAL ESTATE INVESTMENT

Investing in real estate can be very challenging to the freshers of the market. What challenges the most is to choose the type of property to invest in. This article aims to educate you about the potential investing opportunities when real estate investing is concerned –

1. COMMERCIAL REAL ESTATE 

 The best commercial properties to invest in include industrial, office, retail, hospitality and multifamily projects. It is considered one of the best type of real estate investment potential for higher cash flow. Investor who opt for commercial properties may find they represent higher income potential, longer leases and lower vacancy rates than other forms of real estate. 

2. RAW LAND INVESTING & NEW CONSTRUCTION 

Raw land refers to any vacant land available for purchase and is most attractive in markets with high projected growth. New construction is not much different; however, properties have already been built on the land. Investing in new construction is also popular in rapidly growing market. 

3. REAL ESTATE INVESTMENT TRUSTS (REITs) 

They are companies that own different commercial real estate types, such as hotels, shops, offices, malls or restaurants. You can invest in shares of these real estate companies on the stock exchange. When you invest in a REIT, you invest in the properties these companies own without the added risk of owning the property yourself. 

Written By 

Property Channel Expert

Anurodh Jalan 

Jalan Property Consultants 

8801003684

[catalinaflores]

second favourite baby tim detail is how often dick or bruce will be angsting at/around him and hes just like. i think my girlfriend is moving :( how do u kno for sure when u like-like a girl?