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2 Mar 2021, 1:03 am
A non-statutory public enquiry followed which concluded that the recreational and commercial activities had co-existed in the “spirit of give and take” for the qualifying period. [read post]
26 Feb 2021, 3:42 am
Mr Hobbs traces this proposition back through various cases to Leather Cloth Co. v American Leather Cloth Co. (1865) H.L.C. 523.Scandecor Developments AB v Scandecor Marketing AB [2001] UKHL 21 takes us through the changes that have taken place over time to the way trade is conducted and hence the changing conditions that have been applied to the sale of trade marks. [read post]
23 Feb 2021, 10:25 am
This is referred to as the principle of co-extensiveness. [read post]
16 Dec 2020, 6:21 pm
From Okoli and Oppong (2020), and my assessment of reported cases, jurisdiction agreements have only been upheld in five cases: Nso v Seacor Marine (Bahamas) Inc (2008) LPELR-CA, Beaumont Resources Ltd v DWC Drilling Ltd (2017) LPELR-42814 (CA), Nika Fishing Co Ltd v Lavina Corporation (2008) 16 NWLR (Pt 1114) 509, Megatech Engineering Ltd Sky Vission Global Networks LLC (2014) LPELR-22539 (CA) and Damac Star Properties LLC v Profitel Limited… [read post]
10 Dec 2020, 7:44 am
I’m going to begin with some notes about legislative and administrative developments—the Next Great Copyright Act may not be coming, but changes well beyond the Music Modernization Act are on the horizon. [read post]
8 Oct 2020, 8:56 am
.; Chase Bank USA NA; JPMorgan Chase & Co.; JPMorgan Chase Bank NA; Wells Fargo & Co.; and Wells Fargo Bank NA. . . . [read post]
22 Sep 2020, 12:32 pm
Hamilton International Ltd. v. [read post]
3 Sep 2020, 4:28 am
The Court also observed that nuisance does not protect privacy in related jurisdictions, referring to the High Court of Australia decision in Victoria Park Racing and Recreation Grounds Co Ltd v Taylor ((1937) 58 CLR 479). [read post]
31 Aug 2020, 7:32 pm
My co-author (and research assistant) Matthew McQuilla and I would welcome any engagement and further conversation around the themes developed. [read post]
5 Aug 2020, 4:00 am
The result was that Ontario law was applied to this analysis.[11] On the question of unconscionability the Supreme Court followed its prior guidance that “arguments over any potential unfairness resulting from the enforcement of arbitration clauses contained in standard form contracts are better dealt with directly through the doctrine of unconscionability”.[12] The Supreme Court described the doctrine as follows:[13] Unconscionability is an equitable doctrine that is used to set aside… [read post]
10 Jul 2020, 1:26 pm
Kirby, Pty Ltd., 543 U. [read post]
28 May 2020, 8:23 am
Google, Amazon and Other Top Tech Cos. [read post]
19 May 2020, 11:42 pm
Arguments and Evidence The invalidity applicant Inner Mongolia Yili Industrial Group Co., Ltd. [read post]
31 Mar 2020, 9:19 am
The case in question, 3 Corporate Services Pte Ltd v Grabtaxi Holdings Pte Ltd [2020], was recently commented on its merits in the IPKat. [read post]
11 Mar 2020, 3:03 pm
Contract DraftingTexas LawAs happens all the time in modern business, the parties to this contract dispute sent each other many e-mails prior to the anticipated signing of a formal written agreement. [read post]
19 Feb 2020, 3:32 am
LTD, Chuan Lu, Dream Author Film Co., Le TV Film Co., No 587 (2016), Civil Final Instance, Beijing Intellectual Property Court, 8 August 2019 (full text of the judgment here, in Chinese, online translatable).In this case, writer Muye Zhang claimed that the movie, ‘Chronicles of the Ghostly Tribe’– which was adapted from his novel, ‘Ghost Blows Out the Light’– was altered (by the aforementioned film companies) in a way that amounted… [read post]
18 Feb 2020, 4:00 am
The review is a helpful reminder of the modern approach to interpret patent claims. [read post]
13 Feb 2020, 2:21 pm
Ltd. [read post]
20 Jan 2020, 3:55 pm
Co. of N. [read post]
15 Jan 2020, 11:17 am
Ltd v Aiwa Corp. [read post]