The delay by Judge Chan-Chan Paegar, on the three judge panel at the Commercial Court, to make available his final ruling on trademark infringement of “pop drink” has caused one of the parties to write a complaint against his behavior to his colleagues.Judge Paegar, without a written document, on August 5, 2016, gave a three minute ruling in the case against H.K. Enterprise, a Lebanese owned business by BAF Trading Corporation, and promised to have hardcopies available on Wednesday, August 10.However, when he spoke with the Daily Observer on Tuesday, August 23, he admitted to the delay saying that it happened as a result of a serious medical situation. BAF’s lead lawyer, Cllr. Tiawan Gongloe, has complained about the delay to the other judges on the panel.The release of the final ruling document would have enabled BAF to file its ‘Bill of Exception’ to the Supreme Court within ten days to announce an appeal against Paegar’s decision.Without that instrument, H.K. Enterprise could take the opportunity to communicate with the Supreme Court to dismiss any appeal filed to it on the matter on grounds that the ten-day period had expired.In his client’s letter of complaint, Cllr. Gongloe said he requested for a copy of Judge Paegar’s written ruling and final judgment pronounced on Friday, August 5, when the Judge informed the parties that the written ruling and judgment would be ready on Wednesday, August 10.The letter dated August 15, further read: “Monday, August 15, was the tenth day since Judge Paegar announced the judgment against the petitioner, BAF, yet the record of this case showed that Judge Paegar’s written ruling and judgment is not ready.”The letter asked Judge Paegar to do everything humanly possible to make available his ruling and final judgment in order to enable his client to file a ‘Bill of Exception’ as required by law.Judge Paegar ruled that both BAF and H.K. Enterprise did not have the legitimate right to import the product into the country, because they don’t have permission from the Liberia Industrial Property Office (LIPO), a party to the case.He said the parties did not obtain licenses from LIPO for the trademark to import pop drink for the Liberian market – although BAF was licensed in 2010 for ten years to import the product, while H.K. Enterprise also obtained a license from LIPO in 2014 to import the same product.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)
The 64-team tournament begins Saturday. UC Riverside, the Big West champion, notched a No. 14 seed in the Greensboro region and will play No. 3 Arizona State at 7 p.m. Saturday at the Galen Center. Duke, ranked atop the AP Poll for the final nine weeks, hopes for better results than the last time the Blue Devils finished No. 1 – the 2003-04 final poll. They lost to Minnesota in the regional finals that season. “We’re really excited. We’re playing all year long, hoping to get a chance to stay in Raleigh, and stay in Greensboro which is about an hour and 15 minutes down the road,” Duke coach Gail Goestenkors said. Others in the Greensboro regional are No. 8 Temple vs. No. 9 Nebraska, No. 4 Rutgers vs. No. 12 East Carolina, No. 5 Michigan State vs. No. 12 Delaware, No. 6 Louisville vs. No. 11 Brigham Young, No. 7 Bowling Green vs. No. 10 Oklahoma State, and No. 2 Vanderbilt vs. No. 15 Delaware State. In the West, LSU, which saw Pokey Chatman abruptly resign last Wednesday, is seeded No. 3 in the Fresno region. The Tigers will play UNC Asheville on Friday night in Austin, Texas with acting head coach Bob Starkey at the helm. “The kids have done a wonderful job,” Starkey said. “They are a very resilient bunch. They have been through difficult times with Sue Gunter’s death and Hurricane Katrina.” The defending champion Maryland Terrapins will face Ivy League champion Harvard on Sunday afternoon in Hartford. “The only team that’s going into the tournament knowing they can win it is Maryland, cause they’ve won it, and they’ve got a lot of the players back from the team that won it,” Connecticut coach Geno Auriemma said. West No. 1 seed Connecticut (29-3) will play No. 16 UMBC on Sunday in Hartford. If they advance past the first two rounds, the Huskies then must travel to Fresno for the regionals. The Huskies eventually could face No. 2 Stanford, which opens up at home against No. 15 Idaho State. The sentimental choice in Fresno might be North Carolina State and coach Kay Yow. The No. 4 Wolfpack, who have won 11 of the 13 games since Yow returned after breast cancer treatments, will play No. 13 Robert Morris on Sunday in the first round in the Raleigh subregional. Also in the West bracket, it will be: No. 5 Baylor vs. No. 12 Chattanooga, No. 6 Xavier vs. No. 11 West Virginia, and No. 7 Old Dominion vs. No. 10 Florida State. North Carolina, which won the ACC conference tournament, earned a No. 1 seed for the third straight season and will open Sunday against Prairie View. The Tar Heels are the top seed in the Dallas region. Other games in the region include No. 8 California vs. No. 9 Notre Dame, No. 5 George Washington vs. No. 12 Boise State, No. 4 Texas A&M vs. No. 13 Texas-Arlington, No. 6 Iowa State vs. No. 11 Washington, No. 3 Georgia vs. No. 14 Belmont, No. 7 Georgia Tech vs. No. 10 DePaul, and No. 2 Purdue vs. No. 15 Oral Roberts. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! Duke, Tennessee, Connecticut and North Carolina were selected Monday as the No. 1 seeds for the women’s NCAA tournament. The Blue Devils, who went 29-0 in the regular season and then lost to N.C. State in the Atlantic Coast Conference tournament semifinals, will open up against No. 16 Holy Cross on Sunday in Raleigh.