Category Archives: Arbitration

Billionaire Richard Branson Called a Trademark Bully by the Trademark Law Professors of University of Washington, School of Law

Westborough, MA, 2020-Jul-30 — /EPR LAW NEWS/ — Virgin has targeted to attack over 300 small companies & non-profit charities. Common sense says that the word ‘virgin’ cannot be owned by one individual or organization but Virgin has deep pockets to destroy those who dare to fight for their rights.

“Opposing trademark registrations in unrelated fields is the classic behavior of a trademark bully,” says Mike Atkins, an attorney at Atkins Intellectual Property who teaches trademark law at the University of Washington, School of Law.

That’s why it came as a surprise that Branson decided to send a threatening cease-and-desist letter (where he tells the small start up to either commit a business suicide right away or else Virgin lawyers will destroy it within 30 days) to I Am Not A Virgin, a small eco-friendly denim label, claiming that the company’s name infringes on his copyright, as the Telegraph’s Laura Hubbert reported on the case.

Richard Branson’s lawyers demanded environmentally friendly start up jeans label ‘I Am Not A Virgin’ to cancel their trademark (a trademark they have been lawfully granted and owned for almost 4 years before they received the threat letter from Branson – reports Ms. HUBBERT in her article.

“I guess I could rename my jeans Not Made By Richard Branson” – comments sarcastically the founder of the brand. Branson also demanded the small business owner cease to sell current stock of the jeans and removes them from the stores which for a small business is a financial suicide and a loss of all start up investment costs essentially leading to the end of a business.

“Common sense says that the word ‘virgin’ cannot be owned by one individual or organization. In other words, it’s stupid to claim a colour of your own, let say a word. Branson, who’s also well known for his support of environmental causes, apparently has failed to see that” – says Anderson Antunes in his Forbes article about Virgin’s abuse on small entrepreneurs.

Attorney at law, Widerman Malek, summaries in his comments: “If Richard Branson has his way, it might be. ” He adds: “Although sometimes considered a bully in the trademark office, they remain unapologetic for their stance.”

According to multiple news reports, in the past several years, the Virgin group has targeted over 300 companies who used the word Virgin in their name, URL or marketing slogan. Unfortunately, many of these 300 companies are small businesses who do not have the resources to fight back against a multi-billion dollar company with hundreds or even thousands of lawyers on their retainer. These small businesses almost always settle simply because they cannot afford to fight.

Widerman Malek brings up some of the companies Virgin attacked:

  • Virgin Vapors – a small vapor company located in California whose owner currently refuses to change its name despite being threatened by Virgin.
  • The owners of domain names virginthreads.com, virginpublishing.com, virginstar.net, and virgincigar.com. The Virgin group alleges cyberpiracy for any company using the name virgin in their domain, even if it is not their business name.
  • Author Cristina Crayn, who named one of her published books, “Tales from the Virgin Vault.”
  • Virgin Valley Cab – a cab company in the Virgin Valley geographic location of Northwest Arizona, who recently came to an agreement with conglomerate to stop using the name.
  • Las Virgenes United Educational Foundation – a nonprofit organization in the Las Virgenes School District. The Virgin Group attempted to block the trademark application. Evidently, any virgin will meet their criteria – no matter which language it’s in and if destroying charities for children is to take place.
  • I Am Not A Virgin – a New York clothing company which specializes in creating and selling denim products.
  • Virgin Air, a small airline in the American Virgin Islands, which no longer exists under this name due to Virgin’s lawsuits.
  • CBS Studios, who may be opposed by the Virgin Group in an attempt to trademark the name Jane the Virgin, which they will use as a sitcom name.
  • Last year, the Virgin group attempted to stop Valle Grande from trademarking a phrase that contained the words “virgin olive oil”, using the argument that Valle Grande currently only sells vinegar.
  • In 2004, the conglomerate sued a tiny apparel retailer called Virgin Threads in federal court in New York; the retailer dropped the name a year later as they could not afford to battle with Virgin any longer.
  • VIRGINIC – Purity Perfected – small cosmetics brand, selling “beyond organic”, handcrafted, allergy-free face creams in small batches. Virgin has been suing them with malicious, aggressive litigations, on the ongoing basis from 2018-2020 in multiple countries to starve them financially to business death, as Virgin did with other start ups. Interestingly, Virgin abandoned selling cosmetics years ago making public statements on their own website that they have no intention to sell beauty products. As of July 2020, VIRGINIC still refuses to be bullied and to give up their name.

Via EPR Network
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Virgin’s unethical business practices against small start ups and non-profit foundations

Louisville, Kentucky, 2020-Jul-16 — /EPR LAW NEWS/ — When it comes to big business versus small business, the deck is, and always has been, heavily stacked in favor of the giants, making sure it stays that way. Yes, there will always be David and Goliath stories held up as the reason for hope in these battles, but reality dictates that they are almost insurmountable obstacles in the path of a small entrepreneur.

There is, however, a more insidious and corruptive side to the competition that few, if any, really see or understand at all. The legal teams.

Companies like The Virgin Group and Sir Richard Branson retain the type of law firms that see no ethical issue in destroying anything and anyone on their way, no matter the cost, the merits and the human lives and dreams destroyed along the way.

Take billing, for example. Virgin Enterprises uses Norvell IP and A. A. Thornton, type of companies that sees fit to charge by the half hour for anything that they do, including a single phone call, running up bills of around $300 per call. Yes, you read that correctly…$300 PER CALL! Equally absurdly, they charge the same to write a letter, to attend a meeting or to send an email!

 

Ok, so Virgin and Sir Richard is worth billions, they can afford these costs and who cares? It’s their choice and their wallet, right?

Well, no. They make their pray pay for it.

The thing is, as the relentless (and oftentimes frivolous) stream of trademark infringement lawsuits are filed across the globe, those costs are, almost exclusively borne not by Virgin, but by the small business that they are making their claim against.

Take the case of Wyoming start-up, VIRGINIC LLC. Virgin decided, as they have done on so many occasions in the past, that they were unhappy with the UK Intellectual Property Office awarding VIRGINIC LLC their own brand trademark “VIRGINIC”. For a little context, let’s not forget that this is the same company that sued a Virgin Olive Oil producer, the TV show “Jane The Virgin” and even a Non-profit Educational Foundation, “Las Virgenes” for children, staffed entirely by volunteer parents! If you’re like most people, this alone can leave anyone speechless. Clearly, Virgin is not afraid to throw their litigation budget around even against non-profit children care foundations.

So, Virgin took umbrage to the idea of a company VIRGINIC LLC, regardless of the fact that the UKIPO had already awarded their trademark for their name to them. Virgin attacked and yet again the UK courts decided that there was no case to be heard and VIRGINIC should keep their own trademark.

Virgin lost the case, and the subsequent appeal, with VIRGINIC being awarded the princely sum of £300 in costs, and that, in any sensible judicial process, should have been that. However, Virgin’s lawyers managed to get the UK High Court of Appeals to agree to review the appeal of the case which, upon doing so, intrestingly awarded in favor of Virgin this third time around.

And here is the fun part; When VIRGINIC, a small “David” went up against the behemoth “Goliath” of Virgin and managed to not only show that common sense is still alive and well in some legal systems, but managed to do it on a shoestring budget, whilst a mammoth task and stupendous result given the odds, it appears that the ultimately necessary penny-pinching that all start-ups are likely to be forced to adopt, is the largest chink in their armor.

The reason for this is simple: Virgin lose and the judge awards costs in the order of £300 to the start-up. £300 which Virgin never actually saw fit to pay, regardless of the fact that they spend so much time in courtrooms arguing that their rights are being infringed upon and crowing for justice. This in itself is a pointer towards where this all goes wrong. You see, they cry foul and plead for justice as if the courtroom is a sacred place where all shall find their truth. In reality, when that truth is contrary to their opinion, they simply disregard the orders of the court and find somebody else to cry to.

Now, what happens when, at the third time of asking, they manage to find themselves a “friendly” judge? Well, their costs are awarded against VIRGINIC in the sum of…

Ready for this…?

£33,000 + £10,000!
With no right to appeal any further, conveniently.

So, Virgin “loses” and the bill is £300. I would guess that the lawyers charging $300 to make a phone call would probably be happy to pay that off themselves with the cash that they dropped down the sofa last night. However, when VIRGINIC loses, all those cups of coffee that the world’s most expensive secretaries were making suddenly add up to a sum of £43,000, so exorbitant, so utterly defiant of anything even approaching a reality that is in any way sustainable, that all suddenly becomes so very clear.

Virgin and, more importantly, Virgin’s lawyers LOVE finding random reasons to drag volnurable, small businesses (and apparently non-profit foundations too) into a courtroom because it is a no-loss situation for them. They literally don’t even bother paying the measly costs generated if they lose (Virgin pays) whilst running up such absurd bills themselves that, if they win, the small business is basically financially crippled to the point where it either ceases to exist or exists only for the purposes of paying off the legal bills. Small educational foundations like “Las Virgenes” for children, staffed entirely by volunteer parents are a no match with this malice legal practice backed by deep pockets of Virgin.

Is there a happy ending here? VIRGINIC is well off its knees trying to write one as we speak. Keep your fingers crossed and maybe the Wyoming case will prove more uncorrupted justice system in the US than the UK one.

Via EPR Network
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PLS Secures Law Society Quality Mark

Cheshire-based law firm PLS Solicitors has been granted membership to the Law Society’s Conveyancing Quality Scheme (CQS), having been adjudged to have met a number of standards as laid out by the Society.

The CQS was established to provide consumers with a guide of quality for residential home-buying practices, thereby reducing fraud and driving up standards by enabling consumers to make more informed decisions when entering into the conveyance process. Law Society president John Wotton explained that with so many solicitors offering conveyancing services, it can sometimes be difficult for consumers to find a suitable firm.

“CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service,” he said. “Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor.”

Aashim Dhand, Managing Partner of PLS Solicitors welcomed the development, citing it as evidence to his company’s commitment to providing would-be homebuyers with a consistently high standard of service and helping to ensure that property transactions pass through as smoothly as possible. He also noted the difference quality conveyancing can make to alleviate much of the stress that so often goes with buying property.

Solicitors have to undergo a strict assessment in order to earn CQS accreditation – which is only open to members of the Law Society – and the initiative is backed by bodies including the Council of Mortgage Lenders, the Association of British Insurers, the Legal Ombudsman and the Building Societies Association. Compulsory training, random audits and self-assessments are all essential elements of securing CQS status, and must also undergo annual reviews in order to maintain it.

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Cheshire Solicitors Proud To Be Awarded Conveyancing Mark Of Quality

Hale, Cheshire-based solicitors’ practice PLS Solicitors is proud to announce that it has been granted membership of the Conveyancing Quality Scheme (CQS).

The scheme is an initiative overseen by The Law Society, the main regulatory body which oversees and enforces standards of practice in all aspects of the legal profession. It is designed to help anyone selling a house to find a conveyancing solicitor who knows their area and whose work they can trust.

The Law Society itself says that the CQS is intended to “create a trusted community which year on year will drive up standards.”

Aashim Dhand, Managing Partner of PLS Solicitors, says his company’s admission to the CQS is an endorsement of the high standards which he and his colleagues in the company’s residential conveyancing department always aim to meet.

“A conveyancing solicitor plays a small, but absolutely vital, part in ensuring that any property transaction is conducted according to prescribed rules,” he said.

“But more importantly, the quality of their work and processes can make a big difference to how smoothly such transactions run.

“While buying property is still considered one of the most stressful things people do in their lives, sympathetic and thorough conveyancing solicitors can do a great deal to guide people through the maze of options associated with any property transaction, including equity release and lease options for purchases of properties with this type of tenure,” Mr Dhand added.

As a company proud of its standing as part of a select network of Manchester solicitors whose services are endorsed by the Law Society, PLS Solicitors is hoping that this approval will be seen as a sign of the trust they can have in getting the best possible service, no matter what the nature of their customers’ property law needs.

Via EPR Network
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PLS Solicitors begins work with Twenty Ten equity fund

Well-known law firm PLS Solicitors has announced plans to become a preferred supplier for the private equity fund Twenty Ten Capital LLP. PLS Solicitors provides many legal services, including residential conveyancingcompromise agreements and employment law advice.

Twenty Ten works with up-and-coming businesses and helps them to create value, as well as providing support for companies that are facing stressful situations and challenging environments. The company invests in all manner of sectors and has a number of high-profile portfolio companies.

As a supplier for Twenty Ten, PLS Solicitors will work alongside its portfolio companies and will help in providing advice and support in the area of employment law. The solicitors in Manchester will provide guidance with employment handbooks, service contracts and all other employment related issues for Twenty Ten’s businesses.

PLS Solicitors has already started working with one of Twenty Ten’s biggest clients, the Metropolis Group, to great effect.

“We have been impressed with the attitude shown by PLS Solicitors to date,” said Parminder Basran, Managing Partner of Twenty Ten Capital LLP “Our businesses have received good commercial advice on areas of concern so far and we see PLS Solicitors as an integral operational partner for our business going forward.

“Twenty Ten, like PLS Solicitors, are a driven and highly commercial organisation and we are pleased to surround ourselves with likeminded partners.”

Meanwhile, Adam Pavey, Partner at PLS Solicitors, has said: “We are really excited about the prospect of working with Twenty Ten Capital and their businesses. We have found them an extremely savvy and commercially aware fund – they are really going places and we hope as one of their preferred suppliers we can grow with them.

“To be working with high profile companies such as the Metropolis Group really excites us – especially as the companies are based in London and, as you are aware, we are seeking to move into this market next year by opening our first office there.”

To find out more about PLS Solicitors visit www.proplegal.co.uk now. For more information on Twenty Ten Capital visit www.twentytencapital.eu.

Via EPR Network
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Warren S. Reid – founder of WSR Consulting Group – 20 Years of Pioneering and Leadership As Computer Expert Witnesses in Software Failure Projects and IP Infringement Litigation

Warren S. Reid founded WSR Consulting Group, LLC (WSRcg) in 1988, and since then the firm has grown to 15 expert witnesses, including ex-Big-6 Consulting Firm partners and managers, CIO’s and an IT lawyer. WSRcg team members have served as experts and expert witnesses in computer, software and Internet disputes and turnaround projects, large system/software project failure litigation, and software intellectual property (IP) litigation. They have been recognized and accepted as IT expert witnesses in U.S. arbitration hearings, state and federal courts, the U.S. Court of Federal Claims, and in Canada, Asia and Europe.

Our prime areas of expertise and main services are acting as consultants in IT Project Turnaround situations, and acting as testifying expert witnesses in the following arenas: computer system failure; software project failure; ERP implementation project/systems failure; internet systems and website failures; software intellectual property disputes; and high-technology valuation situations.

WSR Consulting Group, LLC experts have testified as expert witnesses where their engagement counsel represented: President William Clinton, Her Royal Majesty the Queen of England In right of Canada; Fortune 500 companies; the Malaysian Stock Exchange; renowned hospitals; worldwide restaurant chains and big box retailers; Big 4 consulting firms; ERP customers, vendors and system integrators.

Warren S. Reid, founder and Managing Director of WSR Consulting Group, in his previous career as a management and computer technology consultant and partner/manager at two of the world’s largest consulting firms, was a principal author of one of the first large-scale Software Development Life Cycle (SDLC) methodologies, which evolved into “Method/1” and which is still used internationally by some of the world’s largest companies. He was also one of a small team of consultants that helped to create and launch the Federal Energy Office for President Jimmy Carter in just 75 days, and managed and oversaw the testing and acceptance of California’s Lotto Lottery games in just 100 days.

As quoted by Ed Yourdon, CEO, NODRUOY Inc., February 21, 2007 on Linkedin: “Warren is one of the sharpest and most insightful of all the computer experts and management consultants I’ve known. He’s got a broad range of experience, and doesn’t pull any punches when he advises clients and senior executives how to get themselves out of the technical problems they’ve gotten into, and how to achieve competitive advantage in today’s fast-moving global environment.”

The scope of the systems that Warren S. Reid and/or WSR Consulting Group, LLC systems experts have built and/or testified about cross multiple platforms and industries. WSRcg’s industry specialties include: manufacturing and distribution; health care systems/HIPAA; retail & restaurant service; e-business and web 2.0; gaming and ticketing; automotive; government, military and law enforcement; higher-education; financial services; and software and high-technology.

Speaking about Warren S. Reid’s work as an expert witness, Richard Bernacchi, Esq., one of the pioneers of the computer law industry in the U.S. had this comment: “Extremely thorough and organized, very articulate, and has a very credible courtroom presence”.

Michael D. Scott, Esquire, Law Professor, and author of more than seven books on technology and the law comments: “I have had the pleasure of working with Warren on two major system failure cases. He leaves no stone unturned in getting to the truth of what happened (and more importantly, what should have happened but didn’t). His small but specialized team does better, faster and more thorough work than even the largest consulting firms.”

WSRcg’s IT configuration and platform expertise includes: internet, social and web-based systems; legacy mainframes; 3-tiered host-client-server architectures; mobile and networked PCs and devices; multi-state, multi-level point-of-sale (POS) systems; robotic manufacturing, warehouse and distribution facilities; Enterprise Resource Planning (ERP) Systems including SAP, Oracle, PeopleSoft, JDEdwards, Retek, Cerner, IBM, and Microsoft ERP systems; software testing, project management and SDLC tools.

Warren Reid is the author of approximately 100 published business articles (many in peer-reviewed journals), and is quoted in numerous books, newspapers and magazines. He is the co-author with Michael D. Scott, Esquire, of a best-selling book: “The Year 2000 Computer Crisis: Law, Business and Technology”. He has been a keynote speaker and/or featured presenter at many prestigious international summits, congresses and conferences.

WSR Consulting Group, LLC’s Blog 

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