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26 Sep 2023, 9:24 am by Marcel Pemsel
Applying for the right kind of mark is crucial for successfully defending the trade mark, as the recent General Court judgment in DPG Deutsche Pfandsystem v EUIPO - Užstato sistemos administratorius (case T-774/21) shows. [read post]
26 Sep 2023, 5:01 am by Eugene Volokh
I was a guest on this episode, together with Niall Ferguson and John Cochrane (moderated by Bill Whalen), discussing Students for Fair Admissions (from last Term), Missouri v. [read post]
 This is consistent with how the issue was considered before the 2022 High Court decisions in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2. 2. [read post]
25 Sep 2023, 2:00 pm by Nedim Malovic
While the CJEU’s case law (Ferrari SpA v DU (C-720/18) EU:C:2020:854 and Ansul BV v Ajax Brandbeveiliging BV (C-40/01) EU:C: 2003:145) suggest that using the trade mark for spare parts might be considered genuine use for the complete product, the evidence submitted by Ferrari did not sufficiently demonstrate genuine use of the trade mark for relevant spare parts that could be seen as equivalent to an automobile.CommentThe Board’s decision clarifies the scope of… [read post]
25 Sep 2023, 10:39 am by Mark Tushnet
This is a little trickier, but a skeptic might say that those holding office during good behavior can depart from office (other than by dying) only when they are impeached (with the impeachment process determining that that are unfit to serve) or when the office holder herself determines that she is unfit to serve (with a possible qualification for stripping the office holder of responsibilities pursuant to rules adopted by the branch within which the office holder serves [this is to deal… [read post]
25 Sep 2023, 10:39 am by Heather Boutet
  (M.G.L.A. c. 84 Section 15)  i.Unless the injury results in death for which the cap on damages increases from $5,000.00 to $100,000.00, Gallant v. [read post]
25 Sep 2023, 3:50 am by Peter J. Sluka
A recent decision from the Southern District of New York, Miller v Brightstar Asia, 20-CV-4849 (SDNY Sept 11, 2023) considers a shareholder’s reliance on the implied covenant of good faith and fair dealing inherent in the corporation’s shareholders agreement in an attempt to plead what otherwise would be derivative claims as direct ones. [read post]
25 Sep 2023, 3:49 am
., Serial No. 90381174 (September 21, 2023) [not precedential] (Opinion by Judge Thomas V. [read post]
23 Sep 2023, 3:43 am by Alessandro Cerri
The particular factors informing that decision were: the fact that that Amazon used a uniform method of presenting the offers published on its website, regardless of whether the goods advertised were its own or third party retailers’;the fact that it placed its own logo on all those advertisements; andthe fact that it offered third-party sellers additional services consisting of the storing and shipping of their goods.In the present case, the Court held that the Louboutin v… [read post]