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12 Jul 2011, 2:59 am
It states that the EU trade mark rules apply to offers for sale and advertisements relating to trade-marked goods located in third States as soon as it is clear that those offers for sale and advertisements are targeted at consumers in the EU.It is for the national courts to assess, on a case-by-case basis, whether there are any relevant factors on the basis of which it may be concluded that an offer for sale or an advertisement, displayed on an online marketplace, is… [read post]
6 Feb 2014, 4:02 am by John Enser
This morning the CJEU (second chamber) handed down judgement in case C-98/13, Martin Blomqvist v Rolex SA,Manufacture des Montres Rolex SAThe point at issue before the CJEU (set out in a series of questions which the court condensed to a single answer) was that, in the scenario where somebody purchased from a non-EU website counterfeit goods (in this case, a fake Rolex), could these be seized by customs, it being apparently common ground that the Customs Regulation… [read post]
16 Jun 2016, 1:55 pm by Lisa Ouellette
There are good policy justifications for much more frequent treble-damage awards. [read post]
8 Nov 2009, 11:36 am
In addition, Maryland law implies an obligation to act in good faith and deal fairly with other parties to a contract. [read post]
31 Jan 2009, 5:08 pm
This post laments the subpoena served on my good friend Waldo Jaquith by my good friend James Creekmore in connection with some case, and here is the Motion to Quash filed by Waldo himself, and here an outline by Conrad Shumadine from Norfolk says this on the state of the law of a reporter's privilege in Virginia:"Courts have adopted a three-part test to determine when the qualified privilege attaches. [read post]
16 Jan 2014, 6:31 am by Howard Wasserman
A few thoughts on personal jurisdiction following Tuesday's decision in Daimler v. [read post]
6 Oct 2008, 4:00 am
Good (07-562), on whether federal law preempts state tort claims against tobacco manufacturers over the marketing of "light" cigarettes. [read post]