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21 Dec 2017, 4:10 am by DR PAUL DALY, QUEENS' COLLEGE CAMBRIDGE
Second, although Lord Carnwath favoured effective supervision as the general rationale for a common law obligation to give reasons, the obligation could be justified in the present case (as in Oakley v South Cambridgeshire District Council [2017] 2 P & CR 4, [2017] EWCA Civ 71: see Mark Elliott’s post) on the basis that “openness and fairness to objectors required the members’ reasons to be stated” (at para 57,… [read post]
2 Dec 2010, 1:06 pm
 You define a set of legal criteria which, if satisfied, constitute a legal state of likelihood of confusion; then you tick the boxes for the various criteria. [read post]
17 Mar 2020, 11:22 pm by Neil Wilkof
Furthermore, no evidence was provided to prove that the parties shared such an understanding at the time the Agreement was made.The Hearing Officer also distinguished the case law cited by the Opponent in support of its arguments - a decision by the UK Registrar of Trade Marks in Case O-006-17 Trade Mark Application No. 3134673 by Cold Black Label Ltd ("Cold Black Label") and a decision by the Australian Trade Marks Office in Ceravolo Premium Wines Pty Ltd… [read post]
20 Mar 2009, 6:36 pm
The district court focused on the fact that most of MDE's advertising was in the form of "pay-per-click" advertisements (which typically did not include the ISPWest mark) - efforts that the court stated "creates little to no brand awareness. [read post]
19 Mar 2018, 11:02 am by msatta
Having recently marked the forty-fifth anniversary of the Court’s 1973 decision in Roe v. [read post]