FACTA: No Joke.

Most people know about the FCRA, but do not know about FACTA, which recently took effect and applies to ALL businesses. The Federal FCRA (Fair Credit Reporting Act) has been revised with the addition of the Federal FACTA (Fair Accurate Credit Transaction Act).

A part of FACTA is designed to reduce risks of consumer fraud and identity theft that are created by improper storage and disposal of employee and consumer information. This includes any storage medium that contains personal information, whether its paper, CDs, discs, or hard drives. Consumer information can be any combination of names, dates of birth, addresses, driver licenses, credit reports, credit card numbers, bank accounts… Confidentiality is a key component of a law firm’s client dealings, yet a legal practice is especially vulnerable to FACTA infractions. The personal information that must be collected for cases to be accurately and thoroughly represented exposes the legal field to a heightened possibility of mismanagement of client data.

Listed below are changes in all businesses responsibilities that could impinge on a business’ bottom line.

1) Employers are responsible for safekeeping all employee personal information and for properly destroying the information when the information is no longer needed. Employer is defined to include anyone from a business owner to an individual hiring temporary help in his or her home.

2) Businesses are responsible for safekeeping any consumer information kept on file and properly destroying the information when the data is no longer needed. This includes marketing lists, credit card transactions, client / vendor lists, etc.

3) If employee personal information or consumer data is stolen or copied from you, and subsequently used in a crime such as identity theft, it opens the door to civil liabilities. These liabilities can come from employees, civil suits including class actions from consumers, and civil liabilities from other businesses such as creditors who lost money due to fraud. Additionally, there can be state and federal penalties.

Recently in the news, we have heard of giant companies such as Lexis Nexis, Choice Point, Time Warner, Bank of America, and Pay Pal that have had their employee and / or consumer information breached or stolen. These huge corporations have an effect on hundreds of thousands of people, so their corporate problems make big news.

The fact is countless small to medium size businesses lose employee information, consumer/client information, even their own personal information, on a regular basis. Even trusted employees can inadvertently give information to the wrong people regarding your business’ operating procedure that can lead to intentional or inadvertent access to confidential data.

All this suggests greater needs for employment backgrounds, management & employee education, appropriate written policies, and security measures.

Written personal information storage policies for employees and similar client notification waivers are the first step in secure data management. Should a personal information breach then occur, it will be recognized that considerable aforethought was given to data security.

BNI Investigators: Street smart: Net savvy. Proactive.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Employers have a duty to conduct thorough background investigations on prospective employees. An employee can be an enormous asset or a disastrous liability. A background check , composed of several sections; each section designed to recover certain information, is the absolute first step in any potential hire decision. (For the purposes of this week’s Bulletin, we will concentrate on law firm support positions – admin., paralegal, in house investigator… As we are sure you ,the legal professional, knows, interviewing for attorney positions require a different set of hiring criteria.) Given the unprecedented rise in identity theft and “credential-borrowing” sweeping our nation, it’s just smart to know whether the stranger you are hiring will hurt or help your organization. And, it is also advisable to know if the new employee has a history of filing charges against previous employers and or creating an unsafe or harassing environment at the workplace.

The result of so many contentious lawsuits over the past decade have left human resource managers with an unclear sense of the allowable background questions, verification avenues and approachable privacy issues. For this reason, we’ve attached a current employment application blank, approved by the U.S. Equal Employment Opportunity Commission ( EEOC.)

(A background check – correctly applied – can also be used to interview potential witnesses and experts during the trial prep phrase. We have those versions of the employment application blank available as well – the Witness Pedigree Questionnaire and Expert Witness Pretrial Survey.)

The areas of questioning for a prospective new-hire that can be covered are:

- basic personal identity (name, address, date of birth, social security number)

- address history (for the past five years)

- employment history (to include employers’ names, addresses, phone numbers, positions held, length of employment, salary and reasons for leaving.)

- military background (and the possibility of reactivation to service)

- security history (criminal records, has the employee been bonded in the past….)

- education history (dates of attendance, degrees…)

For your information and use, respectively, we’ve attached sample background search results and a blank employment application.

Feel absolutely welcome to call and discuss your need for a professional background search – the information we return and its application.

BNI Investigators: Street smart: Net savvy.

I look forward to any comments you may have or and questions I can answer for you. Feel welcome to order free back-volumes (listed below).

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 4 / Edition 1

This Week; Focus On: “State Your Intentions, Please”: Notice of Claim

Filing a claim is the first formal step in bringing an action for relief to the court’s attention. Our focus this week will be on the New York State Court of Claims. Here at BNI, our experience has been that it is hugely beneficial for the legal professional’s staff (admin, paralegals, investigators…) to understand how, when and why claims should be filed. It allows the entire team to remain focused on meeting the client’s needs in a timely manner. Below are the most commonly asked FAQs regarding filing such a claim and, we’ve attached a blank fill-in claim form.

New York State Court of Claims, Frequently Asked Questions
Who can be sued in the Court of Claims?
How do I commence a claim in the Court of Claims?
When must a claim be served and filed?
What is a Notice of Intention to File a Claim?
What information must a Claim or a Notice on Intention contain?
What happens once a Claim is filed?

The law and rules governing practice in the Court of Claims is set forth in the Court of Claims Act, the Uniform Rules for the Court of Claims (22 NYCRR Part 206) and in the decisions of the Court of Claims and of appellate courts interpreting these statutes and rules.
1) Who can be sued in the Court of Claims?
The Court of Claims has jurisdiction over the State of New York as well as certain authorities that are sued under their own name. The court does not have jurisdiction over any individuals, including State employees, although claims may be maintained against the State based on allegedly wrongful conduct of employees for which the State is responsible under the legal principle of respondeat superior. Generally, State agencies do not have a legal existence separate from that of the State, and thus where a claim is based on alleged improper conduct of, for example, the Department of Transportation or the Department of Correctional Services, the named defendant should be “The State of New York.”
Certain public authorities, which are considered to have a distinct legal existence, are sued in the Court of Claims under their own names. These include the New York State Thruway Authority, the City University of New York, and the Power Authority of the State of New York (for appropriations claims only). Other public authorities, such as the Dormitory Authority, are sued in Supreme Court pursuant to the procedure set forth in the General Municipal Law. One must always check the legislation that establishes a particular authority, often found in Public Authorities Law, when trying to determine whether the Court of Claims or the Supreme Court is the appropriate forum. Note that the Court of Claims Act governs procedure in the Court of Claims while the General Municipal Law sets forth the steps that must be followed to sue a governmental entity in Supreme Court. There is no overlap between these two schemes; i.e., the General Municipal Law has absolutely no application in the Court of Claims.
The Court of Claims has no jurisdiction over lawsuits involving county, town, city or village governments, agencies or employees. These governmental entities are all distinct from the State, and litigation against them is governed by the provisions of the General Municipal Law. For example, the Court of Claims typically has no jurisdiction over causes of action accruing at city or county correctional facilities, such as Rikers Island or any county jail, no jurisdiction over claims of negligent road maintenance involving county or town owned roads, and no jurisdiction over “premises liability” suits accruing in county or locally owned governmental buildings.
One common factor between suits against the State in the Court of Claims and suits against a local government in the Supreme Court is that action must be taken in both cases within a short period of time (typically 90 days, for tort claims). Thus, prompt and careful investigation to determine the appropriate defendant is essential.
2) How do I commence a claim in the Court of Claims?
A claim is commenced by completing the following steps (see Court of Claims Act §11[a]):
1. preparing a document called a “claim”,2. filing a copy with the Clerk of the Court, and3. serving a copy upon the Attorney General, either personally or by certified mail, return receipt requested.
Filing occurs on the date when a claim is received in the office of the Chief Clerk, in Albany, not when it is mailed. Claims cannot be filed with the various district offices and judges’ chambers around the State. A claim can be filed by: (1) personal delivery, (2) regular mail, or, (3) fax (please see our Filing by Fax page.)
Note that when the defendant is the New York State Thruway Authority, the City University of New York, or the New York State Power Authority, that defendant must be served in addition to the Attorney General.
3) When must a claim be served and filed?
Section 10 of the Court of Claims Act sets forth the following time periods:
(1) appropriations claims – within three years after accrual.
(2) wrongful death claims – within 90 days after the appointment of the executor or administrator and within two years of the date of death.
(3) personal injury or property damage claims based on negligence or unintentional tort – within 90 days after accrual.
(3-a) personal injury or property damage claims based on negligence or unintentional tort of a member of the organized militia – within 90 days after accrual.
(3-b) personal injury or property damage claims based upon intentional tort – within 90 days after accrual.
(4) claims for breach of contract and any other type of claim not specified in section 10 – within six months after accrual.
(5) claims by correctional facility inmates for injury to or loss of personal property – within 120 days after exhaustion of the inmate’s personal property claims administrative remedy (note – subdivision 9 is effective December 7, 1999).
Paragraph (5) of section 10 provides that if a claimant is under a legal disability when the claim accrues, the claim may be served and filed within two years after the removal of the disability

4) What is a Notice of Intention to File a Claim?
A Notice of Intention to File a Claim is an optional document that a potential claimant may serve upon the defendant to extend the time period to serve and file a claim. Generally, service (by an authorized method) of a Notice of Intention within the time period provided for filing a Claim extends the deadline for serving and filing a Claim as follows:
wrongful death – two years from date of death.
negligence or other unintentional tort – two years from accrual of claim.
intentional tort – one year from accrual of claim.
breach of contract and any type of claim not specified in section 10- two years from accrual.
Note that a Notice of Intention is not filed with the Clerk of the Court — it is the act of service upon the Attorney General that extends the period in which to serve and file the Claim. Note also that where the defendant is an entity other than the State of New York, that entity must be served with the Notice of Intention in addition to the Attorney General.
5) What information must a Claim or a Notice on Intention contain?
Section 11(b) of the Court of Claims Act provides that a Claim “shall state the time when and place where such claim arose, the nature of same, and the items of damages or injuries claimed to have been sustained and the total sum claimed.” A Notice of Intention must contain the same information except that the items of damages or injuries and the amount claimed need not be stated.
There are a number of appellate and trial court decisions addressing the question of how much information need be provided in Claims and Notices of Intention and how specific a claimant need be in providing the location where the claim accrued and the nature of the claim. The general rule is that the Claim or Notice of Intention must be specific enough to give the State notice of what the lawsuit is about and to allow for a prompt and complete investigation by the State. In addition, a Claim must set forth sufficient allegations of fact to state a cause of action.

6) What happens once a Claim is filed?
When a claim is filed, the claimant’s attorney, or pro se (self-represented) claimant, will receive a letter from the Chief Clerk acknowledging the claim’s filing, assigning a claim number and advising of the judge to whom the claim has been assigned. A Claim’s venue is determined by the county where it accrued.
We hope the above information has been helpful and if there are any further questions (e.g. New York City claims…), please write or call in and let us know! If we don’t have it, we’ll find it.
BNI Investigators: Street smart: Net savvy.
I look forward to any comments you may have or and questions I can answer for you. Feel welcome to order free back-volumes (listed below).

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 3 / Edition 5

This Week; Focus On: “The Brakes Failed…”: National Vehicle Defect LookUp

Over many years of reconstructing vehicle accidents, we’ve heard innumerable variations of “the brakes didn’t work” from the involved motorists. Until several years ago, it was a cumbersome task to research recall information through the various governmental agencies entitled with jurisdiction in collecting manufacturers’ defect data.

The federal government, having completed scores of electronic upgrades, has now made it possible to quickly and succinctly research vehicle recalls/defects. As part of our normal motor vehicle investigation checklist, we now have the capability to research all governmental agencies at once and provide immediate results (for vehicles/products manufactured after 1972) regarding any year, make model vehicle recalls/defects, including those for tires, special equipment and child seats.

Please remind your client, however, if she truly suspects a vehicle defect, have her call the Vehicle Safety Hotline toll free at 1-888-327-4236 to report safety issues.

BNI Investigators: Street smart: Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,
Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 3 / Edition 4

This Week; Focus On: Mirror, Mirror On The Wall: Increase In Fake Drivers’ Licenses

At BNI, we’ve begun to track a disturbing trend in the past year regarding driver identification. It’s a fact that unless the driver involved in an MVA is personally known to the responding police officers, there has been no proven verification method, technique or technology available for definitive driver identification. In field investigations, we are now noting an alarming increase in fake drivers’ licenses presented at accident scenes. This trend will continue to spiral upwards and draw into its vortex a disproportionately high number of potential drivers with immigration status issues.

According to a survey (released September 21) of motor vehicle administrators from 47 states, the States cannot possibly meet a May 2008 federal deadline to convert for making driver’s licenses more secure. (The survey was compiled by analysts from the
National Conference of State Legislatures , the National Governors Association and the Association of Motor Vehicle Administrators.)

The 2005 Real ID act was passed ostensibly to keep driver’s licenses out of the hands of terrorists and to make it tougher for illegal immigrants to get state-issued IDs. Under RID (interesting acronym) all new and existing license applicants must present and states must verify: a form of photo identification, a document showing date of birth, proof of a Social Security number and a document with the name and address of the applicant. In addition, all state-issued driver’s licenses must include an individual’s name, address, date of birth, gender, signature, driver’s license number, a digital photograph and several features to prevent counterfeiting.

Generally, making official Ids more secure is a good idea. And, in 2004, state governments and the federal Department of Transportation were in the process of setting new driver’s license security standards to fulfill some recommendations of a task force studying the terrorist attacks of Sept. 11, 2001. Four of the 19 hijackers in those attacks used state-issued driver’s licenses to board planes they later crashed.

But Congress pre-empted that process, attaching the Real ID provisions to an emergency budget bill and passing it with no hearings, little debate and without any input from the states.

States have objected to the law for several reasons, but mostly because it may require all license holders to make an in-person visit to get the new identification within five years of the 2008 deadline.

State workers also would become responsible for verifying applicants’ documents, but only one of five necessary electronic systems to accomplish that is available nationally, the report states.

Designing licenses to prevent counterfeiting will be an exhaustive and expensive undertaking.

But perhaps the strongest states’ objection is that the U.S. Department of Homeland Security has yet to issue specific guidelines for the law.

The negative impact of this undefined act and immigration issues now facing our state and country will be very real, immediate and harsh in states with a high immigrant populations such as New York. Without a viable, careful and compassionate plan enacted to obtain legal driver’s licenses, many, driven by need, will opt for the flourishing false document underground that is very alive and well fed. Obviously, analyzing this one step further – many will not seek to carry necessary and adequate insurance policies.

BNI has coordinated, online and in the field, with private organizations and governmental agencies to resolve active false identification cases. If your firm encounters this issue, please feel welcome to call us with any questions you may have.

BNI Investigators: Street smart: Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 3 / Edition 3

This Week; Focus On: How Does This Work Again?? (MVA) Plaintiff FAQs

Often the investigative specialist is the first person to meet the potential plaintiff. When an investigator is directed by an attorney to conduct a client sign up survey in the field, she generally encounters an injured person with no prior litigation experience but with many questions. BNI has prepared an FAQ sheet specifically for plaintiffs involved in MVAs.

Car Accidents

Q: Are photos of the accident scene helpful? A: Absolutely.

If possible, make sure your camera has the date imprinted with the date the photo was taken. If your camera does not have this function, when you develop the photos, make sure you write the date the photos were taken, in smudge-proof pen, on the back of the photos.

If you are using a digital camera, DO NOT MAKE ANY ALTERATIONS TO THE PHOTOGRAPH WHEN YOU PRINT IT OUT! Attach a note with the digital prints indicating the date the photos were taken, by whom, the type of camera, and the type of storage media you used (memory stick, smart card, etc.)

Q: If I live in Brooklyn, and my car accident happened in Queens, where do we bring the lawsuit?
A: The choice of where to bring suit (venue) is the subject of many legal cases. Generally, the plaintiff (the injured victim) gets to choose where the case will be heard. It could be the county where the victim resides, or the county where the owner of the other car lives. If there was a rental car or a leased car involved, it might be the county where the leasing company maintains their main office. Usually, the site of the accident is not where the case is brought, unless of course one of the parties lives in that County.

Q: If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
A: The general rule of thumb is: if an insurance adjuster calls to talk to you, politely tell them you would prefer that they speak with your attorney and provide that phone number.

Q: A neighbor of mine broke her leg in a car accident. She got a lot of money. This also happened to me – I broke my nose in a car accident. Why isn’t my case worth as much as hers?
A: Each case is different. Each injury affects a person differently (even if you broke the same bone):

1. Your pain tolerance might be different,
2. Surgery may be required in one case and not the other and or
3. She might have been an actress and her broken bone means she lost months from work. It’s important to know how your injury may affect your daily life. It may impair your ability to do your daily tasks like tying your shoelaces, taking a shower, making breakfast, going to the bathroom, holding groceries and similar activities. Keep notes of these restrictions as this matter continues.Since everyone is different, and their injuries affect each person differently, the value for each case is different.

Q: In a car accident case, why is the trial split into two parts?
A: This is called a ‘bifurcated’ trial. The reason is to see first if there’s liability against the other driver (liability trial). If there is, the trial will proceed to damages (damages trial). If there’s no liability against the other driver, the case ends there, and there is no need to continue the trial to have a jury evaluate your injuries. In some cases, the damages trial is tried days or even weeks later than the liability trial. Often, the insurance company waits to see if their client bears any responsibility before deciding whether to settle the case. Often a settlement offer will happen only after a liability verdict against their client. (This is why an investigative specialist is called in – to gather all of the facts regarding chain of events and potential liability issues.)

Q: What does speed, time and distance have to do with my car accident case?
A: Everything. If just two of those factors are known (example speed and distance) the attorney and insurance representatives can easily calculate the third (time it took you at that speed to travel that distance). It’s also an issue of credibility. If you do not remember, just tell the truth.

And, there are usually witnesses who can fill in those knowledge or recollection gaps in auto accidents.

Q: My car was totaled in a car accident. My insurance company wants to pay for the car and then get rid of the car. Should I allow this?
A: Before you make any decision, make sure you have date-stamped photographs of your car after the accident.

Q: I’m just bruised but my car was totaled. Do I have a case?
A: You probably would have a property damage case for the loss of your car. If you have bruising, it is up to each individual attorney to decide if he wants to accept your matter.
B
NI investigators stand ready to complete a thorough MVA investigation, particularly the crucial initial phase of a case: from obtaining police reports, to in-house sign ups to locating auto insurance of all involved parties (and their respective households, if needed).

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 3 / Edition 2

This Week; Focus On: Take a Number Please: Uncovering Professional Defendants

BNI is often asked to conduct asset searches in situations where the injures incurred exceed the available insurance policy limits. Generally, the legal professional requesting this service is aware that the defendant’s assets are limited but due diligence is still required.

Especially in a substantial-injuries matter, before launching into an exhaustive and potentially expensive asset search, the very first step undertaken should be a quick search through an electronic court records database. At such a site, one can search by State Supreme or County Clerk court records (both by county), index number, year the lawsuit was initiated, plaintiff or defendant name.

This quick yet comprehensive court records search will provide a important snapshot of the defendant’s litigation history and can influence the scope of an asset search. Of course the investigative specialist provides a thorough asset search regardless but it is advantageous for the legal professional to know if his client is standing in a long line of potential creditors. (This search, combined with a bankruptcy, liens and judgment search will provide a clear understanding of the defendant’s financial status and chances for recovery.)

Feel welcome to contact BNI regarding our accurate, comprehensive and rapid turnaround asset searches.

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 3 / Edition 1

This Week; Focus On: Drawing a Line in the Cement: NYC Sidewalks Rules & Regulations

Hopefully not prescient for the Labor Day celebration, we thought we’d tackle the issue of NYC’s sidewalk maintenance, liability… early this year, before any unscheduled skating events occur on the City’s 12,750 miles of sidewalks.
The following information pertains to the sidewalk rules and regulations specifically of the 5 boroughs of New York City.

- Sidewalk Maintenance
- Sidewalk Use
- Sidewalk Obstruction
- Street Obstruction
- Snow and Ice Removal

Sidewalk Maintenance

The sidewalk in front of any building or lot must be maintained and repaired by the property owner. Any defects must be promptly repaired. The owner of all property with four or more families is responsible for any injury caused by the owner’s failure to maintain the sidewalk in a reasonably safe condition. If the repair covers more than 25 square feet of the sidewalk, the owner or contractor must obtain a Sidewalk Replacement Permit from the Department of Transportation.

Sidewalk Use

All businesses intending to use a portion of the sidewalk for daily operation, or who wish to attach to or place upon the sidewalk any items such as canopies, bike racks, benches, planters, or who wish to use a basement vault, must obtain a renewable permit or a revocable consent from the Department of Transportation. The placement of any item on the sidewalk must not interfere with the use of the sidewalk by pedestrians. A minimum of 8 feet or half the sidewalk, whichever is greater, must be kept clear between the item and any obstacle on the curbside, such as hydrants and traffic control devices. No business may prevent parking or paint the curb, sidewalk, or roadway to advertise the business.

Sidewalk Obstruction

Businesses are responsible for keeping the adjacent section of sidewalk free from all obstructions such as refuse, refuse containers, and A-frame signs to allow the free flow of pedestrian traffic.

Street Obstruction

It is illegal for anyone to place or leave any box, barrel, or other moveable property (regardless of ownership) upon any public street or public place. This law applies to construction or demolition containers, which may only be placed on the street with a permit from the Department of Transportation. In addition, restaurants may not place obstructions such as stanchions or cones in the street to prevent parking or to provide ingress/egress for customers.

Snow and Ice Removal

Snow and/or ice must be removed from the sidewalk within four hours after the snow has stopped falling, or by 11 AM if snow has stopped falling after 9 PM the previous evening. If the snow or ice becomes so frozen that it cannot be removed, the sidewalk may be strewn with ashes, sand, sawdust or similar suitable material within the same time limits. The sidewalk must be thoroughly cleared as soon as weather permits.

A BNI site survey is then followed up with a real property ownership check, as of the date of loss.

BNI is highly experienced in conducting site survey investigations; specifically in identifying and professionally recording causal factors in property/premises matters.

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 2 / Edition 11

This Week; Focus On: Does iPod=eBay? Trademark Protection and Dilution

Throughout our years in business, BNI has conducted many corporate trademark and copyright infringement investigations – ranging from the sale of illegal post-concert product at multi-venue performances to unauthorized re-published literary works (which were later claimed by the perpetrators to have been obtained through “subconscious creative osmosis”).

An interesting situation we are all watching at this time is Apple’s claim of the word “pod” as its own trademark in all situations. The worry is that any use of “pod” in a trademark could dilute the the “iPod” mark.

First, let’s define what a trademark is. A trademark is any set of words or a design that identifies goods or services with a particular origin.
Next then, what is trademark dilution? Trademark dilution is reserved for strong trademarks. Those trademarks with the strongest in identity in a market cannot be used in other noncompeting markets. This is to avoid “diluting” the strong, recognizable mark by its use in noncompeting markets. Example, a line of housewares bearing the name eBay, completely unrelated to the EBAY online auction giant, is at least, trademark infringement and certainly trademark dilution. But can Apple make the same claim for all uses of the word “pod” based on its popular “iPod” portable music device?

Of course there are many other factors that will come into the decision once handed down. Will “pod” be disallowed for usage in other noncompeting markets? Will the use of “pod” in other nonApple related products blur the connection in the consumers’ minds between Apple’s mark? Is the “iPod” mark somehow weakened by a defendant’s other “pod” use? What if the defendant’s “pod” use is unsavory, unwholesome or for a vastly inferior product?
The two issues in any upcoming fights will be: Is “iPod” as a mark strong enough to warrant that it can be diluted and can any mark with “pod” in it dilute “iPod”? Given that podcasting is already in popular use and most podcasts (70%) are accessed through Windows, it will certainly be interesting to see what the future holds in this specific situation. Also, Apple has a new trademark “Numbers” for its not-yet-in-use spreadsheet program. )We’re researching the trademark registration for the word “common” as we go to print… )

Feel welcome to contact BNI with any trademark, copyright and or patent investigations you may need conducted.

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »

Volume 2 / Edition 10

This Week; Focus On: The 411 on 911: National PD/Law Enforcement Contact Info

There is reason to believe that a Shermantown, NY police accident report, relating to your client’s accident, may exist. You’ve googled “shermantown ny police department”. The first 25 results relate to General Sherman and an Upstate B&B proudly displaying a post Civil War notice that “Gen. William Tecumseh Sherman slept here”. (There is no mention of Mrs. Ellen Sherman… or any other woman for that matter… . An operator in the possible Shermantown area provides a general number for the “local police department”. A call to that number goes something like this:

“Police. Is this an emergency?”

“No. I’m trying to get a copy of a police accident report…”

“Where did the accident happen?”

“In Shermantown, I believe.”

“This is the Kingston Police Department.”

“This isn’t the Shermantown Police Department?”

“No, sir.”

“I’m a bit confused…”

“When they are out, their line is forwarded to our department.”

“Oh. Is there a better time to call them directly?”"Don’t know. I guess when nothing happens.”

“Ah, okay. I see. Well, thanks. I guess I’ll try again until I can get through to them.”

“Uh, there is a different number you can call to get through directly that isn’t forwarded to us.”

“There is?”

“Yes, I guess they don’t list it to not get overloaded.”

“So there is at least one person there right now?”

“Where?”

“The Shermantown Police Department office.”

“It’s a building, sir.”"Right. so there is someone there?”

“Well, usually at least two people. You have to have the desk sergeant there and well, he needs to have a police officer to do things in case he has to do something.”
“Gotcha. Can I have this other number to the Shermantown Police Department please?”

“Sure thing. 845-555-6789.”

“Thank you. You’ve been very helpful.”

“Sure. If there is anything else I can help you with, you just call back. My name is Harris.”

“Will do. Thanks, again.”"Do you have our direct number?”

“No, why?”

“Well, if you have to call back, it’s 845-555-9518. Just ask for Harris.”

“Ok, great. Thanks again!”

Next time go to http://www.usacops.com. They list nearly every PD, sheriff’s office and other law enforcement agencies direct contact numbers.

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

If you haven’t already done so, get your vacation in – 3 weeks to Labor Day!

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

Filed under: Uncategorized | Leave a Comment »