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26 May 2023, 7:26 am by Benjamin Goh
Given the context of the other provisions of the Enforcement Directive using this standard of proof, the CJEU adopted this standard as well for an Article 8 request for information.Next, the CJEU considered the objectives of the Enforcement Directive to determine the scope of its applicability, especially Article 8. [read post]
22 May 2023, 7:46 am by Eric Goldman
Third, if the court used 7,400 clickthroughs as the numerator (which is still not precise, because a single prospective client might have clicked multiple time), the rate of actual confusion increases to 3.2%. [read post]
22 May 2023, 1:38 am by Aaron Moss
But if you were looking for the Court to provide an easy-to-apply standard for future fair use cases—or any standard at all, really—you won’t find it. [read post]