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21 Jun 2020, 6:06 am by Riana Harvey
The Board thus came to the conclusion on the basis of that evidence that it, individually and as a whole, had not shown the necessary acquired distinctive character.Recalling the CJEU decision in Nestlé (C-84/17 P, C-85/17 P and C-95/17 P, see IPKat here), the GC restated that it would be necessary (in the context of this particular mark) for the evidence submitted to establish acquisition of distinctive character in all of the Member States of the EU where the… [read post]
6 Apr 2023, 7:58 am by Kevin Bercimuelle-Chamot
On this point, the BOA expressly referred to the judgment in T 67/04, Spa-Finders.The BOA therefore examined whether each of the four conditions were met. [read post]
27 Mar 2014, 3:00 pm
 A few days later, the Neapolitan Mediatek Italia Srl and Mr Giuseppe De Gregorio lodged an application for invalidity under Article 52(2)(c) of Regulation 40/94 [now Article 53(2)(c) of Regulation 207/2009, the CTMR], claiming to own an earlier copyright in that sign. [read post]
11 Mar 2021, 8:48 am by Eric Goldman
The court doesn’t expressly say why it relied only on Section 230(c)(2)(A) instead of Section 230(c)(1). [read post]
12 Apr 2013, 1:56 pm by Rebecca Tushnet
Would registration numbers still be enough to use in a C&D? [read post]
19 Mar 2012, 6:00 am by Kim Zetter
When C++ was initially developed, it was not standardized and wouldn’t compile in every compiler. [read post]
25 Nov 2015, 5:08 am by FHH Law
We don’t know why those haven’t made it through yet, but we’ll keep an eye out for them and let you know if and when they do. [read post]
6 Oct 2018, 11:31 am by Andrew Delaney
It’s not her fault she couldn’t continue; her ending the program wouldn’t be willful so that couldn’t be a violation. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Labor/desert arguments are complicated in design b/c design doesn’t involve rival goods/deprivation of the original creator’s physical outputs. [read post]
5 Dec 2013, 4:02 pm by Katitza Rodriguez
En particular, nos preocupa la ausencia de salvaguardas adecuadas para evitar el abuso de técnicas de investigación, tales como la intervención de comunicaciones privadas y la localización geográfica, en tiempo real, de equipos de comunicación móvil. [read post]
17 Jul 2017, 1:55 pm by José Guillermo
Entre ellos, Ántero Flores Aráoz y destacados penalistas como Mario Amoretti, Luis Lamas Puccio y hasta César Nakasaki. [read post]
7 Nov 2018, 7:35 am by Alexandra Vernis, J.D.
The amendment also allows the Legislature to hold a special session outside the Capitol if the building isn’t available. [read post]
21 Oct 2013, 9:30 am by azatty
” Or this: “Our organization can’t draw lawyers to events like we used to; law firms and attorneys don’t value networking events as they once did. [read post]
2 Nov 2011, 10:33 am by Eric
I explore this point in detail in my recent 230(c)(2) article. 230(c)(2) can't trump federal constitutional claims, but it should (?) [read post]
24 Nov 2015, 2:12 pm
As the General Court held in Case T-291/03 Grana Biraghi §55-56: “...OHIM is bound to apply [the CTMR] in such a way as not to affect the protection granted to PDOs .... [read post]
1 Apr 2024, 12:16 am by Marcel Pemsel
The applicable substantive law is determined by reference to the filing date of the contested EU trade mark (application) in opposition proceedings (T-598/18, paras. 17 et seq.), invalidity proceedings based on absolute (C-371/18, para. 49) and relative grounds (T-102/22, para. 13). [read post]
20 Nov 2014, 9:58 am
 That endless story should have finally come to an end today, with the decision that the Court of Justice of the European Union (CJEU) issued in Joined Cases C-581/13 P and C-582/13 P. [read post]