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10 Oct 2018, 6:01 am by Howard Friedman
But that is by the way: what matters is that by being required to produce the cake they were being required to express a message with which they deeply disagreed.In a Postscript, the court discussed the U.S. [read post]
8 Jul 2021, 10:57 am by Giles Peaker
Express clauses in a lease will override the position found in this case. [read post]
28 Dec 2016, 6:04 am
 Lewison LJ summarised the position in Honda Motor Co Ltd v Neesam [2006] EWHC 1051 para 5 (not on bailii) as:Consent must be unequivocally demonstrated.An intention to renounce the right to a trade mark will normally be gathered from an express statement.Although consent may be inferred in some circumstances, an actual consent (not a deemed consent) be established. [read post]
26 Nov 2019, 7:48 am
The judge therefore found that BCPL did not infringe Ashley Wilde's copyright.CommentIn a way, this case concerns simply the good old-fashioned idea/expression dichotomy. [read post]
5 Jun 2018, 1:04 am by Jani Ihalainen
The most recent one, Nova Productions Ltd v Mazooma Games Ltd, dates back to 2006. [read post]
5 Jun 2018, 1:04 am by Jani Ihalainen
The most recent one, Nova Productions Ltd v Mazooma Games Ltd, dates back to 2006. [read post]
22 Nov 2020, 3:43 pm by Omar Ha-Redeye
Tru-Path Occupational Therapy Services Ltd. helps expound on this issue. [read post]
8 Feb 2011, 4:10 pm by INFORRM
  This is understandable, both in terms of the standard formulation of freedom of expression as including a right to “receive” information and in practical terms. [read post]
9 Nov 2015, 2:03 pm by Giles Peaker
NJ Rickard Ltd -v- Holloway (CA 03/11/2015) (Lawtel note of extempore judgment only so far) Sometimes winning isn’t enough… A cautionary tale, in all sorts of ways. [read post]
20 Mar 2015, 10:56 am by Marie-Andree Weiss
” As social media is not one-way to communication, but rather, a way to share ideas, expression on social media “is thus inherently intertwined with comments and criticism,” two of the purposes expressively mentioned by Section 107 of the Copyright Act. [read post]
1 Dec 2016, 6:27 am by Joy Waltemath
Thus, the district court did not err in reviewing Sedgwick’s benefits determination under a deferential standard of review and in concluding that Sedgwick had not abused its discretion or acted in an arbitrary or capricious way in denying the employee’s claim for LTD benefits. [read post]
17 Nov 2014, 1:16 am by Janet Kentridge, Matrix
Ouseley J pointed out at paragraph 147 that the substance of the point could be expressed in a number of ways, the common essence of which was that, as a matter of law, Newhaven Port could not permit the use of the land as of right for recreational purposes and could not be taken to have done so. [read post]
12 Aug 2018, 4:05 pm by INFORRM
Justice Hallett in Foaminol Laboratories Ltd v British Artid Plastics Ltd ([1941] 2 All ER 393) famously remarked that “a claim for mere loss of reputation is the proper subject of an action for defamation and cannot ordinarily be sustained by means of any other form of action”. [read post]