Archive for the ‘Social Security’ Category

Beyonce “Sasha Fierce” Sued Over “Fierce” Trademark Violation

Thursday, September 17th, 2009

Mega-pop icon Beyonce Knowles has been sued for trademark violation by the popular clothing retailer, Abercrombie & Fitch Co. over her plan to use the name Sasha Fierce for a fragrance she will be launching.

Abercrombie has an existing men’s fragrance called Fierce which has been used in their outlets since 2002. It has held a trademark for the word “fierce” since 2003.

Sasha Fierce happens to be the name of the singer’s much-publicized alter ego and the title of her third solo album, “I am…Sasha Fierce”. Beyonce has previously applied in September 2008 to trademark “Sasha Fierce” for a fragrance and other items which was opposed by Abercrombie as using the name for the fragrance would create confusion.

According to the retailer’s lawsuit, using Sasha Fierce as the name for her fragrance which will be launched next year will unfairly benefit from the reputation Abercrombie has built for the scent and could confuse or deceive customers into thinking Abercrombie is associated with her fragrance.

Abercrombie & Fitch fragrance sales reached $190 million and it projects sales up to $64 million this 2009.

Coty Inc., who will be marketing Beyonce’s new fragrance released a statement saying that neither the terms Fierce or Sasha Fierce will be used in Knowles’ fragrance.

A trademark is basically a brand’s name. It includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others.

Sasha Fierce is undoubtedly, a name identified with Beyonce. But given that a trademark has been claimed first by Abercrombie, they have the ultimate right to use the word “fierce”.

On the strength of their trademark, Abercrombie can bar any person or company from making use of the word fierce and prevent them from competing against their brand.

Luv N’ Care Gel-Filled Teething Rings Recalled

Thursday, July 23rd, 2009

How ironic that a manufacturer named Luv N’ Care would have to announce the recall of its gel-filled teething rings because the gel inside the rings would make babies sick.

The Food and Drug Administration announced that the Louisiana-based manufacturer has voluntarily recalled its products after the FDA found Bacillus Subtilis and Bacillus Circulans in the gel samples from the teethers.

Although there have been no reported illnesses, the bacteria in the teether can cause stomach pain, vomiting, diarrhea and more serious disease if ingested by infants and children with weakened immune systems.

These gel-filled teething rings are sold under brand names such as “Nuby”, “Playschool” and “Cottontails”.

Consumers are advised to immediately stop using them, they may also ask for a full refund at the place of purchase.

Fortunately, these products have been recalled and announced before any actual harm has been done.

However, if babies have been harmed as a result of the gel-filled rings, under product liability laws, a product liability claim may be instituted to compensate for damages.

However, in order to make a claim successful, there are certain elements that should be present in the case:

•    The consumer was injured or suffered losses

•    The product is defective.

•    The defect of the product caused your injury

•    The consumer was using the product as it was intended

For parents whose children are using the gel-filled teethers, it is best to throw them away or ask for a refund as soon as possible. It is actually much harder to tell if children are not feeling well as they could not express themselves well.

Sometimes, even the symptoms such as vomiting and diarrhea mentioned above can be brushed off by the parents themselves as harmless ordinary illnesses experienced by a young child.

But in case of injury or damage, parents whose child gets sick because of the bacteria from the gel-teething rings may opt to file a product liability case against the manufacturer.

5 Things You Can Do to Help Your Social Security Case

Monday, February 25th, 2008

Although much of the preparation and presentation of a Social Security Case involves legal analysis and preparation, a smart social security claimant can take several steps to help his or her attorneys in preparing a winning claim.  (more…)