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10 Jun 2024, 5:33 am by Nedim Malovic
All in all, the inherent distinctiveness related to non-conventional marks remains difficult to prove.Readers might remember that a rather isolated example of inherently distinctive shape is that of the lipstick case at issue in Guerlain, T-488/20 as a trade mark for “lipsticks” in class 3 [IPKat here]. [read post]
9 Jun 2024, 9:05 pm by renholding
On February 23, 2024, the Delaware Court of Chancery issued its decision in West Palm Beach Firefighters’ Pension Fund v. [read post]
9 Jun 2024, 9:40 am by Giles Peaker
The Council’s case is rather that the duty came to an end under subsection (6)(c) as a result of Mr Querino accepting its offer. [read post]
9 Jun 2024, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
8 Jun 2024, 11:21 pm by Frank Cranmer
  On L&RUK, election-related posts are limited to the legislation associated with the election, such as General Election 2024: campaigning and political activity, rather than claims made by candidates. [read post]
8 Jun 2024, 8:33 am by familoo
Rather than changing the law (for example by creating a presumption of shared care as father’s rights groups had argued Norgrove should recommend), the new provision effectively codified the longstanding approach of the family courts that contact between a child and both of her parents was generally a welfare benefit to the child – a prior de facto presumption underpinned by and expounded in years of appellate authority and human rights law (i.e. [read post]
7 Jun 2024, 7:51 am by David Bernstein
Here is the abstract: In this Essay, prepared for a symposium honoring Brown v. [read post]
7 Jun 2024, 6:12 am by Keith Mallinson
As stated by the judges’ decisions in Unwired Planet v Huawei and TCL v Ericsson, respectively: “Based on my assessment of both experts, I am sure the disagreement represents cases in which reasonable people can differ. [read post]
7 Jun 2024, 4:20 am by Jonathan Santman (Brinkhof)
Regarding the temporal urgency, the court seems to apply a rather low urgency threshold: urgency is only lacking if the infringed party has behaved in such a negligent and hesitant manner in the pursuit of its claims that, from an objective perspective, it must be concluded that the infringed party is not interested in promptly enforcing its rights, which is why it does not appear appropriate to allow it to claim provisional legal protection (cf. also UPC_CFI 2/2023 (LD Munich), Order of… [read post]