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12 Mar 2025, 2:36 pm by Giles Peaker
Parties being identified in proceedings (eg as joint tenants, as here) must have an address for service given. [read post]
4 Apr 2025, 7:58 am by Jonathan Zasloff
This of course makes no sense for the reasons stated above. [read post]
14 Jul 2016, 10:09 am
A more recent decision on FRAND royalty calculation is Ericsson Inc v D-Link Sys., Inc 773 F. 3d 1201 (Fed. [read post]
3 May 2012, 5:19 pm by INFORRM
English cases in this category included: Smith v ADFVN ([2008] EWHC 1797 (QB)); Clift v Clarke [2011] EWHC 1164 (QB); and El Diwany v Hansen and Others ([2011] EWHC 2077 (QB)) . [read post]
17 Jun 2013, 3:37 pm by Giles Peaker
Evidence (eg case note, diary sheets, witness statements, warning letter) . . . [read post]
11 Jun 2019, 12:48 pm
However, that court has also confirmed that, while Article 10(2) ECHR leaves little room for restrictions on freedom of expression in political matters, Contracting States enjoy a wide margin of discretion when they regulate freedom of expression in the commercial field (see, eg, Ashby Donald, para 39).In any event, the potential conflict between freedom of expression - whether commercial or artistic - and image rights has also emerged elsewhere, including in the US. [read post]
5 Sep 2014, 4:32 am
In this latter regard, it is worth emphasising that in the contested decisions the Board of Appeal cited Develey ('Plastikflaschenform') T-129/04, paragraph 19,  which stated that… where the Board of Appeal finds that the trade mark sought is devoid of intrinsic distinctive character, it may base its analysis on facts arising from practical experience generally acquired from the marketing of general consumer goods which are likely to be known by anyone and are in… [read post]
8 Dec 2014, 4:24 am
 While this is not obviously so for copyright, the scope of protection does shift, being broad for eg chairs that are new and creative but narrow once the design itself is no longer unique but one member of a class category. [read post]
29 Jun 2015, 4:17 am
[Article 2.2 of the Services Directive expressly excludes a number of services from its scope, including "(d) services in the field of transport, including port services, falling within the scope of Title V of the Treaty". [read post]
10 Sep 2018, 11:35 pm
While a limited number of Member States in the EU has already introduced (UK, France, Germany and Estonia: see here) or is planning to introduce (eg Ireland, on which see Katposts here and here) a specific text and data mining exception, in the context of the current copyright reform debate, a provision (Article 3) has been included in the draft Directive on copyright in the Digital Single Market. [read post]
22 Dec 2015, 4:07 pm by INFORRM
Any order requiring any sort of journalistic material to be handed over to the state engages the right to freedom of expression of publishers and broadcasters under Article 10 of the European Convention on Human Rights (ECHR) and will amount to an interference for the purposes of Article 10 (see eg Handyside v United Kingdom and Tillack v Belgium). [read post]
9 Dec 2011, 2:44 am by Lawrence B. Ebert
Canada follows the United Kingdom approach, rather thanthat of the EPO PSA ( eg, Inventive step and non-obviousness )Note comments at IPKat on Actavis v Novartis : It also probably doesn't help when the crucial step of identifying what the technical effect of the difference between the claimed invention and the closest prior art is somewhat skated over, if not missed out altogether. [read post]
16 Dec 2009, 11:53 am
Since then, state courts in the United States have differed in their interpretations regarding the extent of these rights and the purpose for which protection is appropriate. [read post]
11 Oct 2017, 8:17 am
Well, Bulgaria is in the EU and an EUTM can be blocked from registration by a national mark from any EU Member State. [read post]
15 Nov 2022, 9:01 pm by Neil H. Buchanan
If a state were to pass a law today saying that, say, its governor will decide which slate of electors will represent the state in the Electoral College every four years, that law would not violate the United States Constitution.Now, however, such laws have no prospect of being passed in enough states to guarantee a Republican win in 2024. [read post]