Questions of legal convenience 10, questions of legal convenience

This is an infringement of the trade name rights of Shangri-La Hotels and Resorts Group, which is an act of unfair competition.

According to the relevant provisions of China's Commercial Law and Anti-Unfair Competition Law, the elements of a trade name infringement are as follows: (1) The subject of the infringement is a competitor in the same industry in the same region, except for well-known trade names. (2) The perpetrator must have used another person's trade name.

Only the use of another person's trade name can lead to the infringement of the trade name right. (3) The perpetrator's use of another person's trade name causes his business with another person to be misidentified. (4) The actor must be subjectively motivated by intent, that is, the tortfeasor subjectively has the purpose of unfair competition.

Well-known businesses in China are subject to special protection, and Shangri-La Hotels and Resorts should belong to well-known firms, and the protection of well-known firms in China has no geographical restrictions, and the protection of well-known firms is not limited to the same kind of business in the same region, but is expanded. The scope of its protection can extend beyond this area, and the well-known trade name cannot be used in xenogeneous businesses in this area.

The last element of that element is often difficult to prove that the actor had subjective intent, and even if you do not have the intention of unfair competition, Shangri-La Hotels and Resorts may infer that you have the intention to borrow their trade name based on your conduct.

Well, Shangri-La is a registered trademark, so you can't use that name in the hotel industry.

Isn't this the case: because the landlord did not provide you with the necessary working conditions, i.e. a 100-watt transformer, which affected your work efficiency, and failed to complete the timber processing project on time, the landlord has now transported away a part of the treated timber without your consent. I think:

1. The liability for breach of contract lies with the landlord, and the transformer is not up to specification is the only reason for the extension of the contract, and the landlord needs to bear the liability for breach of contract to you, including the payment of the remuneration for the completion of part of the project and compensation for your losses. In any case, it is time to preserve the evidence, including the records of the parties' negotiations and the power of the transformer**.

2. It is not clear how to characterize the landlord's removal of timber, should the timber belong to you? If so, then it constitutes another breach of contract by the landlord.

3. It is recommended that you consider whether it is possible to continue to perform this contract, and if not, whether it is possible to negotiate with the owner to solve the problem, including going to the local judicial office or the people's mediation committee to ask for mediation. If negotiation is not possible, a lawsuit can be filed.

4. In the case of a decision to litigate, there are some legal means to ensure that the landlord does not continue to transport timber, including property preservation and claiming lien, but it is more difficult for the parties to handle it and may need to entrust a lawyer to handle it. If necessary, you can send me a private message to continue the consultation.

A law is a universally binding social norm formulated or recognized by the state to stipulate the rights and obligations of the parties.

Legal issues are a series of problems that arise in response to these social norms.

The main thing is that the landlord gave the money for the wood.

(1) The four elements of a crime refer to: the subject of the crime, the object of the crime, the subjective aspect of the crime, and the objective aspect of the crime.

a. The object of the crime of robbery is a complex object, that is, the ownership of public and private property and personal rights, which are expressed in the materials as the personal rights and property ownership of the woman;

b. Objectively manifested as the act of forcibly stealing public or private property on the spot by violence, coercion or other methods;

c. The subject is a general entity, and Zhang Xiaomou is 20 years old in the above case, which meets the constitutive requirements of a general entity;

d. The subjective aspect is direct and intentional, and the purpose is to illegally occupy public or private property.

2) The four forms of crime include: preparation for crime, suspension of crime, attempted crime, and completed crime. Article 22 of the Penal Code provides:

In order to commit a crime, it is the preparation of the tools and the creation of conditions for the preparation of the crime; Article 24 stipulates that in the course of committing a crime, the crime is suspended if the crime is voluntarily abandoned or the result of the crime is automatically and effectively prevented; Article 23 stipulates that an attempt to commit a crime is an attempt to commit a crime if it has already been committed and the crime is not carried out for reasons other than the will of the offender; The completion of a crime is the completion of an intentional crime, which means that the act intentionally carried out by the perpetrator already has all the elements of a certain crime.

Zhang Xiaomou's confession of stealing from a neighbor's house constituted a crime, constituted the crime of theft, and was a completed theft.

1. The contract is invalid.

Contract fraud refers to the act of defrauding the other party's property by fabricating facts, concealing the truth, setting traps and other means in the process of signing and performing a contract for the purpose of illegal possession. or an act in which one of the parties to a contract deliberately conceals the true situation, or deliberately informs the other party of false information, induces the other party to make a false expression of intent, so as to conclude or perform a contract with it.

2. If the contract is invalid according to the above article, the computer can be returned.

1.Void. Fraud.

2.Yes, A asks for a return. A may also choose not to ask for the return of the original goods, but to claim compensation.

These are all theoretical questions.

1. The transaction is valid. Parents are not allowed to ask for a refund under the age of 18.

Zhang is 17 years old, living on his own labor income and can maintain the general standard of living in the local area, so he has full civil capacity.

2. Xiao Liu is not criminally responsible for the theft at the age of thirteen, and is criminally responsible for the robbery on the day after his 14th birthday.

3. Personally, I think that the Queen Mother's act of selling the watch to Li is valid. It is not a material misunderstanding and can be revoked. The reason is that the Queen Mother knew that the watch was "precious" and should have a certain understanding of its value, and there was no wrong perception.

First question:

According to the Enterprise Bankruptcy Law, the bankruptcy application is filed with the court at the same level as the place of registration, so the bankruptcy application of the enterprise should be filed with the provincial high court.

Second question:

The main materials that should be submitted when filing a bankruptcy application are as follows:

1. The debtor's written application for bankruptcy and debt repayment;

2. A written explanation of the debtor's enterprise losses;

3. The balance sheet and other relevant accounting statements of the debtor's enterprise to the end of the previous month on the date of bankruptcy application;

4. The audit report made by the audit institution with corresponding qualifications after the audit of the debtor's enterprise to prove that the enterprise is insolvent;

5. A detailed statement of the assets of the enterprise as of the date of bankruptcy filing, including a list of tangible assets (listing the name, specification, premises and value of the property, etc.), intangible assets (trademark rights, patent rights, external licensing and other intellectual property rights and relevant certificates);

6. If the foreign investment of the enterprise (including joint ventures, cooperative enterprises, joint-stock enterprises, joint ventures, sole proprietorships, subsidiaries, bonds, etc.) has been cancelled, the relevant documents of the administrative department for industry and commerce shall be provided;

7. The situation of the enterprise opening an account in the bank, and the account balance to the date of bankruptcy application shall be listed;

8. Mortgage of enterprise assets, including the guarantee or mortgage of the enterprise for others, as well as the guarantee or mortgage of the enterprise of others;

9. A table of creditor's rights of the enterprise, listing the name, address, postal code, mailing address and ** number of the debtor of the bankrupt enterprise, the amount of bankruptcy creditor's rights, the date of occurrence of creditor's rights and the situation of demand for repayment;

10. Debt statement of enterprises;

11. The litigation situation and property preservation situation that have occurred in the enterprise;

12. Other materials that the people's court deems necessary to be provided.

The third question:

The lawsuit is suspended and a judgment is made after the bankruptcy liquidation is completed.

It's hard to find a lawyer