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Tag: hearing

  • Pune Eatery Temporarily Restrained From Using Burger King Name, Pending Hearing Of Trademark Infringement Plea

    Pune Eatery Temporarily Restrained From Using Burger King Name, Pending Hearing Of Trademark Infringement Plea

    The Bombay High Court on Monday in an interim order restrained a Pune-based eatery from using the name ‘Burger King’ until a trademark infringement plea by the US giant Burger King Corporation is heard and disposed of. The company in August filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging trademark infringement against the namesake eatery. The Burger King Corporation had also filed an application in the HC, seeking an interim injunction against the Pune eatery owners -Anahita Irani and Shapoor Irani – from using the name ‘Burger King’ pending hearing and final disposal of its appeal. The HC in August extended the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name ‘Burger King’.

    The HC had then started hearing the company’s interim application seeking an interim injunction against the Pune-based eatery pending the final hearing of its appeal. A division bench of Justices A S Chandurkar and Rajesh Patil on Monday, while passing its order on the interim application, said the appeal filed by the company needs to be heard and the entire evidence needs to be looked into. “Until then the interim order (restraining the Pune-based eatery from using the name Burger King) is required to be continued,” the HC said.

    The bench expedited the hearing into the appeal and also directed both the appellant (Burger King) and the defendant (Pune-based eatery) to maintain their financial transaction records and tax documents of the last 10 years until disposal of the appeal. The fast-food company in its suit sought an injunction against the Pune-based eatery from using the name ‘Burger King’ as it was causing a huge loss and damage to the company and harming its goodwill, business and reputation.

    The Pune court had dismissed the 2011 suit filed by the Burger King Corporation, noting the city-based eatery ‘Burger King’ was operating since 1992 which was even before the US burger giant opened shop in India. The company’s counsel, Hiren Kamod, had submitted to the HC that the Pune court erred in holding that the eatery was using the name ‘Burger King’ in India much before the US company opened its first fast food joint here. “The plaintiff company presently has over 400 Burger King joints in India of which six are in Pune,” Kamod said. 

    (Disclaimer: Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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  • Titan implosion hearing paints a picture of reckless greed and explorer passion

    Titan implosion hearing paints a picture of reckless greed and explorer passion

    Witnesses testified that the company that operated an experimental deep-water submersible that imploded, killing five people, put profits over safety and ignored warning signs before the disaster. Several company officials, meanwhile, spoke of the explorer spirit and taking calculated risks to push humankind’s boundaries.

    Those different viewpoints emerged as the Coast Guard panel on Friday wraps up two weeks of testimony on the Titan disaster last year. The panel is tasked with determining why the carbon-fiber submersible was lost 12,500 feet (3,810 meters) deep on the ocean floor near the wreck of the Titanic.

    Testimony painted contrasting images of greed and hubris as OceanGate sought out well-heeled clients for its submersible made from carbon fiber — a material that was untested at such depths — versus modern-day explorers who carefully considered risks as they sought to open the deepest depths of the world’s oceans to more people.

    Guillermo Sohnlein, who helped found OceanGate with Stockton Rush, described the lofty goal “to give humanity greater access to the ocean, specifically the deep ocean.” Using carbon fiber for the pressure hull was hardly a novel idea, he said, and noted Rush himself was the first human to test the design.

    But former operations director David Lochridge said the company was committed only to profit making.

    “The whole idea behind the company was to make money,” he testified. “There was very little in the way of science.”

    Witnesses could not even agree on what to call the wealthy clients who paid $250,000 for the experience. Some said they were simply passengers, even though OceanGate called them “mission specialists” who were given tasks.

    Killed in the implosion were Rush and four others including Paul-Henri Nargeolet, who was director of underwater research for RMS Titanic, which holds the legal rights to salvage the wreck of the ship. Nargeolet’s family is suing for more than $50 million, accusing the sub’s operator of gross negligence.

    The carbon-fiber pressure hull of Titan was the subject of much of the discussion. An expert witness, Roy Thomas, senior principal engineer at the American Bureau of Shipping, testified that carbon-fiber may be strong and light, but that it’s tricky to manufacture. Carbon fiber also is “susceptible to fatigue failure” under repeated pressurization and salt water can weaken the material in multiple ways, he said.

    Coast Guard officials noted at the start of the hearing, held in South Carolina, that the submersible had not been independently reviewed, as is standard practice.

    Witnesses testified they had heard loud cracking sounds in past descents. And scientific director Steven Ross said that, on a dive just a few days before the Titan imploded, the vessel became unstable because of a ballast problem, causing passengers to tumble and crash into a bulkhead.

    During its final dive on June 18, 2023, the crew lost contact after an exchange of texts as it descended. One of the last messages from Titan’s crew to the Polar Prince support ship before the submersible imploded stated, “all good here.” The crew of Polar Prince, meanwhile, grew increasingly concerned.

    Ships, planes and other equipment assembled for a rescue operation about 435 miles (700 kilometers) south of St. John’s, Newfoundland. Wreckage of the Titan was subsequently found on the ocean floor about 330 yards (300 meters) off the bow of the Titanic, Coast Guard officials said.

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  • NTSB engineer to testify before Coast Guard in Titan submersible disaster hearing

    NTSB engineer to testify before Coast Guard in Titan submersible disaster hearing

    An engineer with the National Transportation Safety Board is scheduled to testify in front of the Coast Guard on Wednesday about the experimental submersible that imploded en route to the wreckage of the Titanic.

    Engineer Don Kramer is slated to testify as the investigation continues into the implosion of OceanGate’s Titan submersible. OceanGate co-founder Stockton Rush was among the five people who died when the submersible imploded in June 2023.

    The Coast Guard opened a public hearing earlier this month that is part of a high level investigation into the cause of the implosion. Some of the testimony has focused on the troubled nature of the company.

    Earlier in the hearing, former OceanGate operations director David Lochridge said he frequently clashed with Rush and felt the company was committed only to making money.

    “The whole idea behind the company was to make money,” Lochridge testified. “There was very little in the way of science.”

    Lochridge and other previous witnesses painted a picture of a company that was impatient to get its unconventionally designed craft into the water. The accident set off a worldwide debate about the future of private undersea exploration.

    The hearing is expected to run through Friday and include several more witnesses, some of whom were closely connected to the company. Other witnesses scheduled to testify Wednesday were William Kohnen of Hydrospace Group Inc. and Bart Kemper of Kemper Engineering.

    The co-founder of the company told the Coast Guard panel Monday that he hoped a silver lining of the disaster is that it will inspire a renewed interest in exploration, including the deepest waters of the world’s oceans. Businessman Guillermo Sohnlein, who helped found OceanGate with Rush, ultimately left the company before the Titan disaster.

    “This can’t be the end of deep ocean exploration. This can’t be the end of deep-diving submersibles and I don’t believe that it will be,” Sohnlein said.

    Coast Guard officials noted at the start of the hearing that the submersible had not been independently reviewed, as is standard practice. That and Titan’s unusual design subjected it to scrutiny in the undersea exploration community.

    OceanGate, based in Washington state, suspended its operations after the implosion. The company has no full-time employees currently, but has been represented by an attorney during the hearing.

    During the submersible’s final dive on June 18, 2023, the crew lost contact after an exchange of texts about Titan’s depth and weight as it descended. The support ship Polar Prince then sent repeated messages asking if Titan could still see the ship on its onboard display.

    One of the last messages from Titan’s crew to Polar Prince before the submersible imploded stated, “all good here,” according to a visual re-creation presented earlier in the hearing.

    When the submersible was reported overdue, rescuers rushed ships, planes and other equipment to an area about 435 miles (700 kilometers) south of St. John’s, Newfoundland. Wreckage of the Titan was subsequently found on the ocean floor about 330 yards (300 meters) off the bow of the Titanic, Coast Guard officials said. No one on board survived.

    OceanGate said it has been fully cooperating with the Coast Guard and NTSB investigations since they began. Titan had been making voyages to the Titanic wreckage site going back to 2021.

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