Law Times

August 4, 2014

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Page 16 august 4, 2014 • Law Times TWO NEW JUDGES NAMED The Ontario government has appoint- ed two new judges to the Ontario Court of Justice. Mary Misener and David Rose will preside in Newmarket, Ont. Prior to her appointment, Misener was an as- sistant Crown attorney for the Minis- try of the Attorney General's guns and gangs initiative. She has also taught criminal law at the University of To- ronto and served on the board of di- rectors of the John Howard Society. Rose was a founding partner at Neuberger Rose LLP before managing his own criminal law practice more recently. As a lawyer, he has appeared at all levels of court. He has also worked pro bono for the Canadian Civil Liberties Association and serves as a board member for the Miles Nadal Jewish Community Centre and George Herman House. The appointments are effective Aug. 6. CHUBBY SETTLES PENIS LAWSUIT SAN FRANCISCO — It was a big week for trademark law oddities with Chubby Checker settling with Hewlett-Packard Co. over a penis application. According to Reuters, Checker has settled the lawsuit in which he accused HP of using his trademarked name without permission on a soft- ware application that purported to measure the size of a man's penis. HP denied liability in agreeing to settle with Checker, whose given name is Ernest Evans, but agreed not to make future use of his stage name, likeness or related trademarks. Other terms of the settlement remain con- fidential, and it's unclear whether money changed hands. In his February 2013 lawsuit against HP and its Palm unit, the singer objected to HP hav- ing in October 2006 begun online sales of the Chubby Checker application that purported to let women estimate the size of a man's genitals based on his shoe size. A federal judge last August let Checker pur- sue part of his case, saying one might infer HP should have known that "the owner of the Chub- by Checker mark would never have consented to license the mark for such a vulgar purpose." PIZZERIA LOGO TARGETED BY HIGHWAY AGENCY TAVERNIER, Fla. — In yet more odd trademark news, the New Jersey Turnpike Authority is tak- ing a Florida pizzeria to task for allegedly causing confusion with the highway through its logo. The agency is suing Jersey Boardwalk Piz- za in New Jersey federal court, saying its logo "directly copied and appropriated" that of the Garden State Parkway. The restaurant's mer- chandise and the fact that pizzas are available in the turnpike's service areas could confuse consumers, it said. "There's no way someone is going to mistake my logo for that of the parkway — we're 1,300 miles away," said Paul DiMatteo, co-owner of the Tavernier, Fla., restaurant. "We're a pizza shop; they're the road depart- ment. It's two completely different identities." According to Reuters, both logos are circular and yellow and green with a rendering of the state in the middle. In the shop's design, Jersey Board- walk Pizza replaces Garden State Parkway with the addition of "Subs. Cheesesteaks. Pasta." "They're similar logos, but that's not the is- sue," said the pizzeria's attorney, JoyAnn Kenny. "They're not identical. So the focus is on whether there would be a likelihood of confusion." The agency is asking the court to force the piz- zeria to stop using the logo, hand over the profits derived from it, and pay other damages. DiMatteo said he didn't understand why the agency was targeting him when there were many other examples of the logo's use, noting an Internet search turned up images of vari- ous businesses, sports teams, and other groups with similar logo designs. "You're supposed to be proud of where you came from," said DiMat- teo, who grew up in New Jersey. "That's all we're doing. We're just saying we're a Jersey pizzeria." BARE BURGLARS BURGLE BEEF BONITA SPRINGS, Fla. — If you're going to steal some beef, why not do it naked? According to Reuters, three bare burglars burgled beef in a recent incident. The break-in oc- curred at Doc's Beach House in Bonita Springs in the middle of the night, according to Lee County sheriff spokesman Tony Schall. The three young men appear on video roaming around the kitchen in their under- wear and taking a case of hamburgers and some red bell peppers from the refrigerator, ac- cording to the report. Then they stripped off their underwear and walked around the kitchen nude awhile longer before leaving. LT Visit or call 1.800.387.5164 for a 30-day no-risk evaluation )BSECPVOEȕ1VCMJTIFE'FCSVBSZFBDIZFBS 0OTVCTDSJQUJPOȕ- 0OFUJNFQVSDIBTFȕ- .VMUJQMFDPQZEJTDPVOUTBWBJMBCMF 1SJDFTTVCKFDUUPDIBOHFXJUIPVUOPUJDF]UPBQQMJDBCMFUBYFTBOETIJQQJOHIBOEMJOH CANADIAN LAW LIST 2014 :063*/45"/5$0//&$5*0/50$"/"%"Ȏ4-&("-/&5803, ȕ BOVQUPEBUFBMQIBCFUJDBMMJTUJOH ȕ DPOUBDUJOGPSNBUJPO ȕ MFHBMBOEHPWFSONFOUDPOUBDUJOGPSNBUJPO .03&5)"/"1)0/�, Untitled-2 1 14-07-25 10:41 AM u Bizarre Briefs By Viola James u The InsIde story FAMILY LAW SERVICES BOOSTED Legal Aid Ontario says it will offer free family law advice at four more courthouses in north- western Ontario this summer. "Clients in Sioux Lookout, Fort Frances, Red Lake, and Dryden who are either new to the family court system or who don't have a lawyer can receive free assistance at the [family law information centre], which is lo- cated in the courthouse," LAO announced. Lawyers will be available to provide brief advice on how the court process works and refer people to other sources of assis- tance, LAO said. For financially eligible clients, case-specific ser- vices such as document review and preparation will be available. The added services began in July with other dates set for August at the various courthouses. SETTLEMENT IN OVERTIME CASE The Bank of Nova Scotia has reached a settlement in one of the overtime class actions. On July 24, Scotiabank an- nounced it had reached an agreement with representative plaintiff Cindy Fulawka to settle the Fulawka v. The Bank of Nova Scotia overtime case. According to the bank, a hearing for approval of the pro- posed settlement will take place on Aug. 12. The case, which dates back to December 2007, involved some full-time retail branch em- ployees who held positions such as personal banking officer, se- nior personal banking officer, financial adviser, and account manager for small business. The settlement includes a claims process, according to the bank. If the court approves it, class members will be able to make claims for any overtime they worked for which they didn't receive compensation during the claim period. The case is one of a series of class actions over unpaid over- time. They include the ongoing case launched by Dara Fresco against the Canadian Impe- rial Bank of Commerce. POLL RESULTS The results of the latest Law Times online poll are in. According to the poll, just over 75 per cent of respondents are in favour of the federal gov- ernment's changes to the tempo- rary foreign worker program. The majority of respondents agreed with a statement that the program had gotten out of con- trol and is in need of an overhaul. In the face of controversy, the Canadian government is reforming the program to en- sure employers put Canadian workers first before bringing in labour from foreign countries. But changes to curtail the pro- gram in the fast-food sector have been particularly controversial among small businesses that ar- gue it's too difficult to find Ca- nadians willing to do the work. In the poll, almost 25 per cent of respondents felt the changes will be unfair to employers and sug- gested the government should address the problems through enforcement. LT David Rose "OK! Heads, you take his DNA sample. Tails, somebody else does."

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