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The Court reaffirmed Daimler (C‑179/1- Daimler AG) in that the notion of infringing ‘use’ does not include the reproduction of signs identical/similar to a registered mark provided by a third-party online publisher ‘on their own initiative and in their own name, on other websites’. [read post]
18 Jun 2014, 5:08 pm by INFORRM
Does that mean it had obligations before it had notice (bearing in mind that the “no general obligation to monitor” protection of Article 15 of the E-Commerce Directive does not apply)? [read post]
4 Jan 2015, 8:36 am by Schachtman
Here is how she describes the “severe” standard of the 95% confidence interval: “Where does this severe standard come from? [read post]
20 Feb 2018, 1:13 am by Jani Ihalainen
As the Article does not define what 'shapes' fall in its remit, position marks would not be excluded from being invalid under the provision. [read post]
19 May 2014, 8:32 am
It does come with an important limit however – public figures are far less likely to be able to invoke the right to be forgotten.Eleonora describes the judgment as “shocking”, while many commentators have denounced it as censorship. [read post]
4 Apr 2015, 4:02 pm by INFORRM
Mr Justice Mitting seems to be of the opinion that the exclusion of Article 1 of the e-commerce Directive does not make sense, although he does not make the point in relation to the claim for compensation but in relation to the claim for injunctive relief. [read post]
But the dissent does not dispute that everything said here about the meaning of Title VI tracks this Court’s precedent . . . interpreting materially identical language in Title VII . . . [read post]
9 Jul 2018, 6:18 am
First, the GC had infringed Article 95(1) EUTMR and the principle of sound administration of justice and the GC’s findings infringed the principle of equality of arms between the parties. [read post]
4 Mar 2013, 4:25 pm by Seyfarth Shaw LLP
  Two questions that have divided courts are:  (1) does the “filing” requirement preclude oral complaints from protection, and (2) does an internal complaint qualify as “fil[ing] any complaint? [read post]
22 Sep 2009, 11:37 am
Investigations and the Taylor lawCity of New York v DeCosta, 95 NY2d 2731. [read post]
12 Jul 2012, 3:01 pm
And in 2010-11, it was the Palm Beach County school district that reported the highest rate of bullying, at 1 incident for every 95 students - a rate about ten times higher than reported in neighboring Broward County. [read post]
30 Mar 2008, 12:23 am
Keep in mind that an Office Action does NOT have the effect of invalidating claims.There were two re-exams filed on BlackBoard's US 6,988,138: 90/008,330 and 95/000,199. [read post]
24 Nov 2012, 11:01 am by oliver randl
If the ED had had any doubt whatsoever in this respect, it would have had to contact the applicant to clarify whether OPs pursuant to A 116(1) had indeed been requested or not, because this is an inalienable right of parties to proceedings before the EPO (see T 668/89 [3]; T 95/04 [3]). [read post]
23 Sep 2019, 11:06 pm by Roel van Woudenberg
All documents referred to shall be [...](4) Any part of a party's appeal case which does not meet the requirements in paragraph 2 is to be regarded as an amendment, unless the party demonstrates that this part was admissibly raised and maintained in the proceedings leading to the decision under appeal. [read post]
24 Feb 2021, 2:35 pm by Tom Lamb
Methods: Patients exposed to [Elmiron (pentosan polysulfate sodium, or PPS)] and seen in the ophthalmology clinic at Northwestern University during 1/1/2002 to 1/1/2019 were identified from electronic health records (EHR) by an electronic data warehouse (EDW) search. [read post]