New exam question: You are a lawyer and litigator with Bon Gens and Noscavenger LLP (Noscavenger LLP). You have a client that is in need of your help. You help them in an application for an injunction to prevent a thieving competitor toy company from using a trademark belonging to the client; a trademark for toys called the "Squid(TM)" toy. The toy is made out of material that is similar to silly putty and can stick to walls but it is made in the shape of a squid or octopus. PART III-THE ISSUES The issues are as follows: 6 There is no doubt as to the ownership of the Trademark Squid™. The first issue is damages for infringement of the Trademark. The application was successful, preventing the use of the trademark. The Law Firm completed the work on a partial cost and fee basis with the remainder of fees to be paid as a contingency fee. The fee is considered property in law and the firm is entitled to full recovery of the same. There was a putative contract as evidenced in the exchange of emails between the parties to confirm there is a meeting of the minds between the parties as consenting adults for the completion of legal work on a contingency fee basis. It is not only putative but the actual contract is read and reviewed by the Squid Company and its CAG board of Directors and it's Chair. They receive a copy by email and in person. They attempted almost immediately after the successful Application to abate the agreement. But the work is already done and the Injunction was successful. So, why would you try to renege? The Contingency fee involves a percentage of any damages award as requested by the Application. The service helped you and you benefited from the help. Do you intend to kill? The Application requested general damages of $1,500,000.00 and punitive damages of $890,000.00. Damages in total were awarded following Warren's work in the amount of $800,000.00. The contingency fee per the agreement is 20%. In settlement, the Firm Noscavenger LLP will accept 12% as discussed in 2011 following the completed And successful Application in Court. There is under law a binding agreement. The contingency fee and required payment as a percentage (% ) of the damages award appears in the Court order as requested. In addition, there is interest to be paid daily on non payment of the fee of $160,000.00 based on 20% of the damages award with a per day late fee of 2% Federal Bank of Canada bank rate from the date of the judgement as endorsed on May 9th, 2011. So A status hearing is to be called as of January 2020. Click here.
New exam question: You are a lawyer and litigator with Bon Gens and Noscavenger LLP (Noscavenger LLP). You have a client that is in need of your help. You help them in an application for an injunction to prevent a thieving competitor toy company from using a trademark belonging to the client; a trademark for toys called the "Squid(TM)" toy. The toy is made out of material that is similar to silly putty and can stick to walls but it is made in the shape of a squid or octopus. PART III-THE ISSUES The issues are as follows: 6 There is no doubt as to the ownership of the Trademark Squid™. The first issue is damages for infringement of the Trademark. The application was successful, preventing the use of the trademark. The Law Firm completed the work on a partial cost and fee basis with the remainder of fees to be paid as a contingency fee. The fee is considered property in law and the firm is entitled to fu...