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9 Aug 2023, 3:07 am
In order to establish ownership of a family of marks, Small Fry had to first establish priority vis-a-vis the claimed "family" feature by showing that the marks allegedly in the family "were used and promoted together in such a manner as to create public recognition coupled with an association of common origin predicated on the 'family' feature. [read post]
31 Oct 2017, 5:00 am
Of particular importance to Piwowar in the fixed income market structure space are areas like pre-trade transparency and the appropriate role of regulators vis-à-vis market-based solutions in providing that transparency. [read post]
21 Jun 2018, 8:34 am
In this post, I explore how the Senate bill seeks to improve the deterrence posture of the United States vis-a-vis malicious cyber activity, with an emphasis on improving the credibility of our capacity to respond in like kind. [read post]
10 May 2021, 9:20 am
Part One of this memo vis a vis response to resistance, providing both legal and conceptual frameworks for understanding the issue, may be the single most clear, cogent, well-written discussion of the topic I've ever seen. [read post]
19 Jul 2009, 8:55 pm
To succeed under the abuse of discretion standard, Wells Fargo must demonstrate that the district court either (a) should not have relied on its exemption policy at all or (b) made a clear error of judgment in placing too much weight on that single factor vis-a-vis the individual issues. [read post]
16 Feb 2015, 9:30 pm
VI 422). [read post]
11 Jun 2013, 4:54 am
There are companies out there who give lip service to this concept but, in reality, try to exert so much pressure on their adversaries with their aggressive SEP assertions and outrageous demands that they hope the other party will ultimately offer non-SEP-related concessions (that's clearly Samsung's strategy vis-à-vis Apple, and it's also Google's/Motorola's strategy, though antitrust interventions and court decisions have so far prevented Google from succeeding with this… [read post]
20 May 2017, 11:41 am
"Titled, “The Conceptual Penis as a Social Construct,” our paper “argues” that “The penis vis-à-vis maleness is an incoherent construct. [read post]
8 May 2014, 9:00 pm
Lors de cette requête en révision, le requérant a récusé un des membres de la Grande Chambre chargé d'étudier l'affaire, au motif que ce membre (par ailleurs Président de la Grande Chambre) est également Vice-Président de l'OEB, en charge de la DG3 ("VP3").Contre toute attente, la Grande Chambre statue en faveur du requérant dans cette décision intermédiaire.Elle examine d'abord la… [read post]
5 Jan 2016, 5:52 pm
This runs from debates about the legal justifications of military humanitarian intervention, to Guantanamo Bay as a distinct juridical space, to the increasing “private” power Foreign Investment and Trade Treaties vis-a-vis public law, to the seeming jurisdictional immunity of “global value chains”, to whether rights should be re-conceptualized as governmental technologies, and to whether and how disciplinary characterizations should now shift from… [read post]
12 Apr 2016, 3:12 am
Likelihood of Confusion: The Board quickly disposed of the motion for summary judgment vis-a-vis the likelihood of confusion claims. [read post]
25 Aug 2020, 5:01 am
While the Government Accountability Office (GAO) found that the administration’s action vis-a-vis Ukraine was in violation of the law, the underlying problem remains. [read post]
30 Aug 2013, 7:38 am
In such meetings, one can assume that a given judge may try to champion his or her view about a given matter, in the hope that perhaps this judge will be persuasive vis-à-vis his colleagues, as they then return to their national jurisdictions and render judgment on the matter at hand. [read post]
26 Oct 2018, 6:40 am
Therefore, we assess the evidence regarding the channels of trade and classes of consumers; otherwise, we would be make a finding of fact regarding the lack of any reported instances of confusion based on a presumption rather than reality.Conclusion: Concluding that the lack of actual confusion is "not so clear cut as to outweigh the other du Pont factors, the Board found that respondent's mark is likely to cause confusion vis-a-vis petitioner's mark, and so it… [read post]
28 Feb 2018, 7:14 am
The commissioner stated, “questions remain as to whether some of those reforms accurately target the specific risks intended, if the reforms are calibrated appropriately vis-à-vis each other, and what incentives or disincentives they create. [read post]
13 Apr 2018, 5:00 am
That is, the council’s decision as to whether or not to reimpose an invalidated sanction represents a judgment as to which individual sanctions were actually essential to achieving EU policy goals vis-a-vis Iran and Syria. [read post]
1 Jun 2014, 9:00 pm
Du reste, E26 avait été choisi comme état de la technique le plus proche vis-à-vis de la requête subsidiaire, et il paraissait logique que cet argument pouvait aussi s'appliquer à la requête principale. [read post]
13 Apr 2013, 10:51 am
Following the infamous Nestande case, with all the current demagoguery in and around Austin vis a vis DWI, this will get particularly ugly, I suspect. [read post]
1 Apr 2017, 1:37 pm
”EFF and PK – which are both normally defenders of balanced, principled and well-informed advocacy about copyright – find themselves here in apparent substantial agreement with the Motion Picture Association of America (“MPAA”) which states that: Granting creative contributors statutory rights of attribution and integrity vis à vis the producer of a motion picture risks undercutting the ability of that producer to distribute the work in the way… [read post]
21 Jun 2013, 2:49 am
As to the marks themselves, the Board concluded that Opposer's registered mark is dominated by its design elements, since "Chateauneuf-du-Pape" is a weak source indicator - at least vis-a-vis Opposer - because it does not identify Opposer or its members as the single source of that wine. [read post]
