Commercial Law – Trademark Infringement on Google AdWords

Whenever a business successfully builds a positive reputation in the marketplace and establishes a solid client base, there is always the potential for trademark infringement to become a problem. Competitors may attempt to use names, phrases, designs and colour schemes which are similar to your own in order to lure away your customers by causing them to mistakenly associate your positive reputation with the product or service which they are providing.

This is particularly the case in the online world, where branding is extremely important. Most people find what they are looking for online by typing a search term into a search engine’s web page and then following the links to relevant websites which the search engine returns. But how does the law of trademark infringement apply to the sponsored links, such as Google AdWords?

What is Google AdWords
AdWords is a service which Google offers under which business can pay to “sponsor” a word. When this word is typed into Google, links to businesses which have sponsored that word appear prominently on the right hand side of the web page. So for example, an electrical goods company might sponsor the phrase “Cheap TV” and whenever someone searches for this phrase the company’s advert will appear at the right hand side of the page. The contentious issue here is that Google will allow businesses to sponsor AdWords which are also the brand names or trade marks of competitors.

What is the law?
In July 2010 the European Court of Justice issued guidance on the circumstances in which one company may use a trademark of another company as an ad-word when delivering its judgment in the case of Portakabin Limited and Portakabin BV v Primakabin BV.

In this case Primakabin and Portakabin were rivals which manufactured the same line of products (portable accommodation/storage units). Primakabin had purchased the ad-word “portakabin” from Google, together with common mis-spellings of this word. This meant that whenever anyone typed “portakabin” into Google, they would see an advert for Primakabin’s products at the top-right of the screen. Portakabin sued, claiming that Primakabin were infringing on its trademark.

What about Google’s liability for trademark infringement?
The European Court of Justice decided that in cases where one company purchases an ad-word which is also a trademark of a competitor, there is not a trademark infringement as long as the advert makes it clear that there is no commercial connection between the company placing the advert and the company which owns the trademark. The issue which any court must consider is whether there is a likelihood that anyone who saw the advert after typing in a search term would be confused as to the origin of the goods or services which are advertised

The case also clarified that it is possible for a company to infringe on its competitors intellectual property rights by purchasing and using AdWords which are mis-spellings of the competitor’s trademark. In these cases the advertiser has the same duty to make it clear that it is not commercially connected with the company which owns the trademark.

What about Google’s liability for trademark infringement?
The issue of Google’s liability for trademark infringement by advertisers or service users who host content online has already been addressed by the European Court of Justice in the case of Google France v Louis Vuitton. The Court decided that Google is not liable for trademark infringements which are perpetrated by users of its services as long as it takes steps to remove any content which infringes on another party’s intellectual property rights as soon as is reasonably practicable after it has been informed of the infringement.

Criminal Justice Career Salaries

What career path to choose after getting your criminal justice degree? This is a very important question to ask. In order to find the right answer, it is best to focus your attention on criminal justice careers and salaries. It is true that you have to like what you do, but it is more important to know that you have a sufficiently high income and opportunities for career development. Read on to find out more about the remuneration and advancement prospects in the different sectors.

Perhaps you do not want to work in the private sector, but sometimes it is easier to secure a job as a loss prevention agent or as a security officer. The entry level positions in loss prevention and security do not have particularly high salaries. You can earn between $28,000 and $34,000 a year. Still, the opportunities for career advancement are good. You can become a security supervisor or a loss prevention manager and earn $42,000 or $47,000 a year respectively.

Many graduates choose to work in the law enforcement sector. In fact, most find jobs in police and sheriff departments. A professional with an associate’s degree can readily secure a police or sheriff’s patrol officer job. The remuneration can range from $48,000 to over $58,000. Recent graduates can expect to get a salary from the lower range of the scale. The career prospects in police and sheriff departments are good. Higher positions in the police force, such as police manager, have salaries of around $70,000.

If you have a bachelor’s degree in criminal justice, you can work as a detective or a criminal investigator. When it comes to such criminal justice careers and salaries, you should know that advancement opportunities are good, while remuneration is quite high. The median salary of such professionals is $80,000 a year.

Crime rates are fluctuating, but they remain high. That is why the demand for correctional officers, probation officers and correctional treatment specialists has increased. While correctional officers can advance to managerial positions, those working in probation and correctional treatment have limited opportunities. Similarly, the annual salaries of correctional officers are around $10,000 higher on average. Such professionals earn around $57,000 per year.

The criminal justice careers and salaries in the Federal law enforcement sector are among the best and most widely sought after. ATF, DEA and FBI agents can earn around $100,000 a year or even more. The career advancement opportunities are very good. Still, it should be pointed out that professionals working in the Federal law enforcement sector have a degree as well as a considerable work experience. This means that the entry level positions are reserved for individuals who have worked in law enforcement for some time.

There are plenty of jobs for graduates in the legal sector. As a paralegal or a legal assistant, you can earn around $53,000. Career advancement opportunities are excellent for those who wish to go to law school and become attorneys.

This is the current situation with criminal justice careers and salaries. Current trends are expected to remain unchanged in the coming years.

Criminal Law Limits and Bernie Madoff – Life in Prison – Is it Fair For All Concerned?

Criminal law is an interesting philosophical study if you step away from all the laws, rules, and regulations that are written within all the pages of all the law books, codes, and regs. You see there is a limit to criminal justice, and a limit to criminal law. For instance, if someone kills 30 people in an explosion or terrorist act, you can sentence them to death, but then in the end, is their punishment really fair to all the damage they have caused? The punishment didn’t fit the crime, they got off too easy.

And this also goes for corporate crime, for instance in the case of Bernie Madoff, the infamous world record holder for a Ponzi scheme. Apparently, he stole over $50 billion, and claimed he had invested this money, which was worth 150 billion by now. Many people lost their entire life savings and it ruined so many lives. His punishment will probably be life in prison, but he has already led such a wonderful life at the top of the food chain for so many years and he is an old man now.

Is this fair for all concerned? Absolutely not. Even if we were to sentence him to death that really wouldn’t justify a fair punishment for all that hurt he has caused so many people. Not to mention all the nonprofit groups that had to shut down and all the good they can no longer do.

There are ciminal law limits and life in prison or even capital punishment sometimes does not suffice. Perhaps we need to consider this, and figure out a more just way to punish people who do so much damage to our society and civilization.

Law Schools Are Facing an Acute Faculty Crunch

There is dysfunctional in the legal education system. Bright students want to go to law school but there are no good teachers to teach them. It is important to attract talent in faculty. We can do that by improving existing conditions by allowing limited practice and consultancy, inviting visiting adjunct faculty and using information technology for classroom lectures like video conferencing. It is crucial for a teacher to practice, how else would he/she know about new developments?

The existing law schools can be empowered and accredited by the BCI to offer continuing legal education. They can be ask to run certain number of courses for certain number of lawyers. But, that is only a temporary solution. There is a need for a national legal education. Without continuing education no one can function. It is time we organize and institutionalize it.

Is the quality of research also suffering at the PhD level?

For doing the best of legal work one doesn’t need a PhD. However, one does need strong research skills, which is the capacity to integrate knowledge and make a persuasive solution to a problem. This is perhaps the strongest element in the American legal education system. Yes research is the weakest link in our country.

You have also been associated with judicial education. What is its status?

Judicial education has picked up in a very promising way. The greatest thing about it is that judge themselves have started acknowledging the importance of continuing education.

There are 18 state judicial academies and one National Judicial Academy (NJA) in Bhopal. State academies are for judges below the rank of district judge and NJA is for district judges and above. It is heartening to know that even Supreme Court judges are going for an educational retreat once a year at the NJA. The academy has better physical infrastructure facilities than any judicial academy in the world. But once again we lose out on account of the intellectual infrastructure.

What is the thrust of the programme offered at NJA?

The academy offers programmes ranging from three days to one week in duration. The programmes deal with the questions on appreciation of evidence, questions on criminal cases, adjudication or land acquisition disputes.

The thrust of the course is not just on knowledge acquisition but on management as well. How do you manage a court, a docket full of people legal documents and lawyers? How can you administer court, be sensitive towards minorities? So, knowing or unknowingly, during the course of the programme you are leaving your prejudices and working towards improving the quality of justice delivered.

Criminal Justice Salary – One of Important Factors You Should Consider Before Starting Your Career

Do you want to make a career in fighting crime and putting bad guys behind bars? That may sound really good, but you should look at the Criminal Justice Salary before you consider entering this field.

An Overview

The Criminal Justice System is a structure used by the government to maintain law and order, prevent crimes and administer justice. Today, the fast paced expansion in various areas of the Criminal Justice System is creating an excessive demand for skilled workforce in both the local and the federal system.

Factors that Determine Your Salary

Some of the most basic factors that are taken into consideration while determining your salary in the field of Criminal Justice are:

1. Education:

Education plays a vital role when it comes to the remuneration you paid for any job. The more educated you are, the higher your chances are of getting a good income and a benefits plan. For instance, a security guard requires at least a high school diploma or GED, thus it is one of the lowest paying jobs with a median salary of just $30,000 a year. On the other hand, in order to become a criminal investigator, you require at least a master’s degree for which you will be paid a minimum average income of $80,000 a year.

2. Experience:

You may not have the required level of education for a particular job, but have a lot of experience in other fields associated with it. For instance, you may possess a bachelor’s degree in law enforcement but have a long history of working as a police officer. Now, if you wish to switch to becoming a corrections officer, your previous experience will play a huge role in deciding your pay scale. Thus, no matter how educated you are, when it comes to salary, you’re better off getting as much experience as possible in order to enhance your pay scale

3. Job Description:

Criminal Justice is a vast field that has hundreds of lucrative career options. Some of these are limited to a 9 to 5 capacity, whereas the rest are more inclined towards an unpredictable working timetable. Plus, a majority of the jobs within this field hold quite a lot of risks. Thus, you should be physically and mentally attuned towards your working environment as you can.

Apart from this, many positions may also require you to stay detached from your family or even pose as a potential threat to your loved ones. In such career cases, the salary is set according to the requirements of your job.

So, now that you are well aware of the factors affecting the Criminal Justice Salary, you can work on the aspects you lack to earn more in this field.