Nestlé have once again been foiled in their attempt to trademark their distinctive four-finger shaped confectionery. It’s been a long drawn out battle against Cadbury and the law, their main rivals in the confectionery industry.
On May 17th the Court of Appeal decided that Nestle should not be granted a trade mark due to the four-finger design having ‘no inherent distinctiveness’. The 16,000 word ruling found that the KitKat shape was not a ‘badge of origin’ and therefore Nestle had no grounds for trademarking the shape.
Continue reading KitKat Failed to Trademark the Four-Fingered Shape
Different people have different philosophies in life. There are those who live to fight for others. Such people do everything they can for others, which is a trait growing increasingly rare in modern society. The 2016 Notary of the Year, Elissa Davey, is one of these exemplary personalities. She has lived to speak for the voiceless. She has gone the extra mile for her clients, when most could or would have done the minimum. She has most certainly earnt this prestigious award.
Formerly a realtor, Elissa did everything to provide complete services to her clients in the real estate. She was always there for them whenever they needed something notarized, and believed in doing the ‘little’ things that can really change people’s lives. As both a Notary and philanthropist, Elissa would walk away knowing that she had done her best for them every time.
In 1999, the Notary was lauded for her Garden of Innocence: a dignified resting place for unidentified and abandoned children. This was inspired by the touching piece on a baby found abandoned in a dustbin in San Diego. She is particularly recognised for her positivity in tragic situations. She always champions and protects any signer, namely vulnerable elderly signers and those coerced into signing or claiming abandoned infants.
Continue reading 2016 Notary of the Year
The first commencement order made under the Small Business, Enterprise and Employment Act 2015 has banned exclusivity clauses in zero hours contracts with effect from 26 May 2015.
Specifically, Section 153 of the Act inserts a new section 27A into the Employment Rights Act 1996 that renders unenforceable any provision in a zero hours contract that prohibits a worker from doing work or performing services under another contract or under any other arrangement, or any provision that prohibits the worker from doing so without the employer’s consent,
Further proposed measures (included in The Draft Zero Hours Workers (Exclusivity Terms) Regulations 2015) intended to prevent employers sidestepping the ban are expected to follow.
In addition, from 26 May 2015, the financial penalty payable for failing to pay the National Minimum Wage is set at 100 per cent of the arrears owed to each worker to whom the notice of underpayment relates, subject to a maximum of £20,000 per worker.
An £85 charge levied on a motorist who outstayed his welcome in a free shopping centre car park triggered a contract dispute which raised novel issues and required the full attention of three Court of Appeal judges.
The car park was fitted with prominent signs which stated that only two hours of free parking was permitted and that an £85 charge would be imposed on overstayers. The motorist’s car was parked there for almost three hours, but he refused to pay the charge and was taken to court by the car park’s operators.
A judge accepted that, in circumstances where the operators suffered no financial loss if a car overstayed, the charge ‘had the characteristics of a penalty’. However, in ruling that the motorist was contractually bound to pay up, he found that the charge was commercially justified and was neither improper in its purpose nor manifestly excessive in its amount.
In rejecting the motorist’s appeal, the Court noted the obvious benefits to both consumers and retail businesses of enabling free parking for limited periods. There had been no want of good faith on the operators’ part; the amount payable was not unconscionable or extravagant and the charges were justified as a deterrent to overstayers.
The bad old days in which company bosses were constantly at odds with trade unions have largely been consigned to history. However, in one case, the relationship between an airline and a union representing its pilots was so acrimonious that High Court intervention was required.
The airline had been required by the government’s Central Arbitration Committee (the CAC) to recognise the union for the purposes of collective bargaining. The CAC also laid down a specified method by which negotiations in respect of pilots’ ‘pay, hours and holidays’ were to be carried out annually.
The union launched High Court proceedings, arguing that the airline had failed to meet the obligations imposed by the CAC. The Court observed that it was clear that the airline wished to minimise the union’s involvement in its business and that the union was equally determined to maximise the extent to which the airline was required to negotiate with it.
Rejecting the union’s arguments, the Court found that, whilst the airline was required to bargain in respect of contractual terms affecting pay, hours and holidays, that did not encompass shift and rostering arrangements which did not relate to the core terms of employment. The airline was also entitled to communicate with its staff about proposed pay increases before negotiating such matters with the union.
To certify the genuineness of a degree certificate a Notary will usually need to check with the relevant University records office. The process of checking may take up to two days.
The Foreign and Commonwealth Office has recently stipulated that they will not legalise copy degree certificates by apostille for foreign academic institutions unless the notary certifies the accreditation of the foreign institution and the authenticity of the original degree certificate.
Marty Burn Notary Public Oxford
Marty Burn, Notary Public Oxford will be out of the office between Tuesday 10th April 2012 and Thursday 12th April 2012. If Notary services are required urgently during this period please send an e-mail to Marty Burn on firstname.lastname@example.org and he will be able to recommend an alternative notary to carry out the work.
Once a local authority or adoption agency had issued its Certificate of Eligibility to Adopt all the relevant papers are submitted to the International Adoption Department in Darlington, which then puts together a bundle of papers for onward transmission to the country of origin. This bundle includes documents which are prescribed by the Department and incudes the Certificate of Eligibility, medical reports, police CRB checks, Home Study Report and the Local Authority’s Decision Maker’s letter.
However before the bundle can be submitted the whole bundle has to be notarised and thereafter legalised by apostille at the Legalisation Section at the Foreign and Commonwealth Office and, depending on the country of origin, further legalisation at the relevant embassy.
Marty Burn, Notary Public Oxford