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14 Sep 2022, 5:00 am
June 3, 2022 Caffrey, J.), the court found that the Plaintiff did not meet the requirements of Pa. [read post]
4 Mar 2024, 9:37 am by Eleonora Rosati
Despite the fact that in the EU freedom of expression is not acknowledged as an explicit exception or defence to trade mark infringement claims, the matter is currently under discussion as to whether it could fall under the notion of ‘due cause’ (Article 9(2)(c) EUTMR; Article 10(6) and (2)(c) EUTMD - as discussed further on the IPKat here and here).Regardless of the legal status of the design in relation to Nike’s trade mark, however, its protectability… [read post]
14 Jun 2010, 3:11 am
Not all tasks performed while at work constitute the performance of official duties Matter of Martino v County of Albany, 47 AD3d 1052Christopher J. [read post]
17 Jul 2017, 12:16 am
Birss J was clear that it was open to him to refuse a reference if he considers that SkyKick's arguments are unfounded (see IATA v European Low Fares C-344/04 [2006] ECR 1403). [read post]
22 Jan 2015, 1:26 am by Marta Requejo
Two recent opinions, the one rendered by AG Wathelet on December 8, 2014, in Gazprom (Case C-536/13), and the other one given by AG Jääskinen, on December 11, 2014, in CDC (Case C-352/13) address the interplay between arbitration and EU law, especially in the context of the Brussels I Regulation. [read post]
22 Jul 2019, 4:00 am by Public Employment Law Press
Upon being notified that his light-duty assignment was terminated and being directed to return to work full time, without restrictions, Police Officer commenced this CPLR Article 78 proceeding, which Supreme Court transferred to the Appellate Division for its consideration.The Appellate Division, citing Matter of Campo v City of Mount Vernon, 156 AD3d 694, explained that "[j]udicial review of an administrative determination made after a hearing at which evidence is taken… [read post]
13 Nov 2014, 6:39 am by Daniel E. Cummins
§1718(c)(1), (1711)(c)(2).Although there was no evidence in the record on whether or not the Defendant driver was indeed insured under another automobile policy, the trial court found the Plaintiff’s argument to be flawed since §1718(c) refers to named driver exclusion provision within an automobile insurance policy which serves to exclude a particular driver, as opposed to the different situation presented in this matter involving a "named… [read post]