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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How to choose a trademark lawyer


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I have never hired a lawyer before, except when buying a house, so I have no idea where to start.

 

Recently, I received an opposition to a trademark application, so it looks like I need to get some legal advice. So I have a few questions!

 

1. Is it best to get a local lawyer, or are most meetings done by phone or Skype?

 

2. How do I evaluate if the lawyer is any good?

 

3. When you are making initial enquiries, do they charge you when you speak with them? Or do you tend to speak with their assistants on initial enquiry?

 

4. Should I speak to a couple of different lawyers first?

 

5. Do most lawyers charge by the minute?

 

Anything else I should be aware of?

 

Thanks,

 

Jon

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who has objected to your application and on what grounds? If your trademark is your name then the opposing side will lose but will make it expensive for you. Is the opposer in the same commercial activity as you? If not then easier to win so for example if your name is Clark and you are selling shoes you can understand why someone would objsct but that wouldnt be the end of it as long as you are careful on what you are trademarking as they use a particular script etc.

 

 

As for specialist lawyers, ask the Solicitors Regulaion Authority for a list of relevant names and then do a bit of searching on a few that take your fancy.

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Without giving out the name of the opposer, let us say it was Apple. Assume I have a brand called AppleSponge. They would claim that I am leaching off of their good name. I think it is opposing on relative grounds. They haven't given any grounds. It is a threat of opposition, showing intent to oppose after the 1 month recommended warning period.

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then I presume that you go ahead with your application as they have failed to put up the promised opposition. If the "Apple" co are in the same business sector as you then you may find you dont get the trademark regardless of any opposition or lack of it.

Bass' red triangle was the world's first trademark but at the time some 100 other companies used it, mostly to rip off the Bass good name.

again, apple cant realistically object to you using the name of another fruit as blackberry, apricot etc all exist ( and some before apple did)

 

 

The only nighmare may prove to be getting the wording exactly right of you go it alone

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