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7 Feb 2017, 3:27 pm by Jamie Baker
Professor Loewy’s article Statutory Rape in a Post Lawrence v. [read post]
  For example, in human rights law, a violation will occur where there has been a failure of state protection.[6] Thus, it makes no sense to speak of a human rights violation and a failure of state protection.[7] And even if a human rights violation is taken to be demonstrative of a failure of state protection (which is true in human rights discourse), the Refugee Convention speaks of a state’s inability or unwillingness to protect an applicant. [read post]
14 Oct 2015, 2:51 am
This distinction is well known under EU trade mark law: for example, the criteria for establishing distinctive character of an applied-for sign are the same in all cases, but they are applied differently to, eg, word marks, shape marks and non-traditional marks].* The registration of earlier trade marks as collective marks cannot, per se, give rise to a presumption that those marks have average distinctive character [read post]
23 Jun 2017, 12:20 am
" [para 36] The fact that the colour is applied to a well-defined part of the goods (eg a shoe sole) does not represent an obstacle to considering that, although the proprietor of the mark does not claim protection for the contours of the goods, protection is actually sought for something other than just a colour. [read post]
11 Oct 2012, 4:04 pm
   Nicola Brookes, eg, to great publicity,  recently won a Norwich Pharmacal order against FB to start procededings under the 1997 Act against her online trolls. [read post]
16 Apr 2025, 9:07 am by Chukwuma Okoli
The first proposal is for a Council Decision to authorise Member States to become or remain parties to the Hague Adults Convention “in the interest of the European Union. [read post]
23 Feb 2025, 5:30 am by SHG
It seems unlikely that the CJ, when deciding matters such as United States v. [read post]
8 Mar 2011, 2:14 am
In particular the texts of the Trade Mark Directive and the Community Trade Mark Regulation should be rewritten to match what the Court of Justice said they actually meant in eg Case C-292/00 Davidoff v Gofkid [we've all got used to the law now, so it would be a shame to spoil things by changing it -- but hasn't the ECJ's ruling in Davidoff done quite a bit to clutter the register by extending trade mark protection way past that which the law explicitly provided?] [read post]
  To determine this scope of liability under the statute, courts must also determine the antecedent question of what law governs that determination, that is, US domestic law (eg federal common law) or international law. [read post]
17 Jul 2011, 2:42 pm
Rarely does the IPKat find a single illustration that so aptly combines two unrelated news items as on this occasion The United States has a unitary patent system that appears to cover all 50 States, together with the District of Columbia and a handful of other offshore locations. [read post]
14 May 2013, 12:22 am
Justice Frankfurter’s observation that all inventions turn on abstract ideas is now well-recognized (see eg Prometheus v Mayo 132 S.Ct. 1289, 1293), so the challenge is how to limit this principle that abstract ideas cannot be claimed. [read post]
11 Aug 2024, 3:38 am by jonathanturley
After accepting the plea to a single misdemeanor, Walton expressed scorn for Goodwyn appearing “gleeful” on Jan. 6 and his “egging on” other rioters. [read post]