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McDonald's loses trademark fight against McCurry
International |
2009/09/08 09:30
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U.S. fast food giant McDonald's lost an eight-year trademark battle to prevent local restaurant McCurry from using the 'Mc' prefix in a precedent-setting judgment by Malaysia's highest court. The Federal Court ruled Tuesday that McDonald's cannot appeal against another court's verdict that had allowed McCurry to use 'Mc' in its name. The owner says McCurry, which serves Indian food, is an abbreviation for Malaysian Chicken Curry. The ruling by a three-member panel of the Federal Court ends all legal avenues for McDonald's to protect its name from what it said was a trademark infringement. "On the basis of unanimous decision, our view is that" McDonald's plea to carry the case forward has no merit, said chief judge Arifin Zakaria. "It is unfortunate that we have to dismiss the application with costs," he said. McDonald's will have to pay 10,000 ringgit ($2,900) to McCurry, a popular eatery in Jalan Ipoh on the edge of Kuala Lumpur's downtown. McDonald's lawyers refused to comment, except to say the company will abide by the judgment. McCurry lawyer Sri Devi Nair said the ruling means McDonald's does not have a monopoly on the prefix 'Mc,' and that other restaurants could also use it as long as they distinguish their food from McDonald's. |
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NHL says Coyotes relocation fee up to $195 million
Court Watch |
2009/09/08 09:22
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Two studies conducted for the NHL set a potential relocation fee of $101 million to $195 million to move the Phoenix Coyotes to Hamilton, Ontario. The figures are listed in a lengthy brief filed over the weekend in the bitter fight in U.S. Bankruptcy Court over ownership of the franchise. The potential fees are in stark contrast to the $11.2 million to $12.9 million cited by economics professor Andrew Zimbalist in a study conducted for Canadian billionaire James Balsillie. Balsillie, co-CEO of the company that makes the Blackberry, wants to buy the franchise for $212.5 million, contingent on moving it to Hamilton. The NHL made a last-minute bid of $140 million to purchase the team and keep it in Arizona. The team is to be sold at auction on Thursday, but many legal issues have yet to be resolved. The league, in determining a potential relocation fee, cited studies conducted for the NHL by the Barrett Sports Group and Sports Value Consulting. The Barrett study concludes that the franchise in Hamilton would be worth $261.8 million to $279.8 million. Sports Value's figure was a whopping $315 million. Meanwhile, Barrett said the Coyotes in Glendale would be worth $163 million to $176 million and Sports Value places the figure at $120 million. The NHL refuses to consider the possible relocation of the franchise, however, because its board of governors voted 26-0 with three abstentions against Balsillie as an owner. |
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Obama administration improves openness
Political and Legal |
2009/09/08 05:35
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President Barack Obama's policies on secrecy get higher grades for openness than those of President George W. Bush, yet there's still room for improvement, says a coalition of public interest groups. In a report issued Tuesday, the coalition says the new administration has made major strides toward more disclosure, including the recent release of Justice Department memos on Bush administration interrogation policies and Obama's embrace of greater openness under the Freedom of Information Act. The report noted, however, that the government has resisted release of photos from Army interrogation investigations; has not backed away from occasional use of the state secrets privilege; and has argued in court for secrecy regarding the role of former Vice President Dick Cheney in the Valerie Plame affair. The country elected a president who promises the most open, transparent and accountable executive branch in history and "the record to date is mixed," says the report by OpenTheGovernment.org, a group of 75 public interest groups. Open government advocates are concerned that much of the Obama administration's review of disclosure issues is taking place in secret. For example, an interagency government task force is delving into the issue of unclassified information that the government nonetheless keeps under wraps by designating it as "controlled unclassified information," or CUI. |
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A.P. Moller-Maersk to sell $1.8 billion of stock
Securities |
2009/09/08 05:34
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A.P. Moller-Maersk said it's going to sell up to 250,340 treasury B shares, representing approximately 5.7% of the total share capital, to both new and existing institutional investors. At Tuesday's closing price of 36,900 kroner per B share, the value of the placing shares would be up to 9.2 billion Danish kroner. A.P. Moller-Maersk dropped 5.4% to 34,900 kroner in early Copenhagen trade. The firm said the sale would preserve financial flexibility in line with its traditionally conservative capital structure and provide additional flexibility to pursue strategic opportunities. In addition the sale will increase the free float which should increase the liquidity of the B shares -- on average, less than 11,000 shares are traded each day. The company recently reported its first-ever loss, losing $540 million in the first half of the year as freight rates dropped by 30% and freight volumes fell 7%. It also predicted a loss-making second half. The firm was thrust into the limelight in April after Somali pirates apprehended the Maersk Alabama. U.S. Navy sharpshooters ended the siege by killing the pirates and freeing the ship's captain.
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Ahead of the Bell: Consumer Credit
Business |
2009/09/08 04:33
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Consumers, confronting job losses and weak income growth, likely cut back on their borrowing for a sixth consecutive month in July. Consumer borrowing likely fell by $4.5 billion at an annual rate in July, according to economists surveyed by Thomson Reuters. The Federal Reserve is scheduled to release the report at 3 p.m. EDT Tuesday. In June, consumers slashed their borrowing at a rate of $10.3 billion, marking another month where households cut back sharply on their use of credit cards and other types of loans amid the longest recession since World War II. In April, consumers trimmed borrowing at a rate of $17.4 billion, the largest amount on records that date to 1943. Widespread job losses, declining home values and shrunken stock portfolios have contributed to Americans' more thrifty mood. The Labor Department reported last week that the unemployment rate jumped almost a half a point to 9.7 percent in August, the highest since 1983. Many economists believe the rate will hit 10 percent before the end of this year and will remain elevated levels for some time.
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Woman fined in Sudan for wearing pants
International |
2009/09/08 02:32
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A Sudanese woman who wore pants in public was fined the equivalent of $200 but spared a whipping Monday when a court found her guilty of violating Sudan's decency laws. Arriving at court Monday, Lubna Hussein wore the same pants that had led to her arrest for indecency. A defiant Lubna Hussein said she would not pay the fine and would take a month in prison instead to protest Sudan's draconian morality laws. The 34-year-old journalist has set out to challenge the police and courts since her arrest in July by insisting the case go to trial, aiming to embarrass the Khartoum government with the publicity. Her prosecution – and the prospect that she could get the full sentence of 40 lashes – drew an international outcry. Hussein vowed to appeal the sentence and even walked into the court wearing the same pair of loose-fitting green slacks that she was arrested in. |
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Court: Microsoft OK to sell Word during appeal
Breaking Legal News |
2009/09/08 02:25
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The U.S. Appeals Court for the Federal Circuit says Microsoft Corp. can keep selling its Word desktop software as it appeals an unfavorable patent ruling. In May, a Texas district court said some versions of Microsoft's word processing software infringe on a Canadian technology company's patent. The dispute is over the way Word 2003 and Word 2007 let users customize document encoding. The Texas judge had ordered Microsoft to pay Toronto-based i4i LLP $290 million and stop selling infringing versions of Word by the middle of October. Redmond-based Microsoft has appealed the ruling and is set to present arguments on Sept. 23. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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