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20 Oct 2021, 4:41 am by Matrix Legal Support Service
In relation to the tort gateway issue, Lord Lloyd-Jones (with whom Lord Reed, Lord Briggs, and Lord Burrows agree) gave the lead judgment. [read post]
19 Oct 2021, 1:52 pm by Hyun Woo Kang
That case also involved the House of Lords rejecting the former fundamental breach doctrine and firmly stating that the question is one of construction, not merely of the exclusion clause alone, but of the whole contract. [read post]
18 Oct 2021, 1:37 am by INFORRM
The Application was refused, with Lord Summers relying on R v Legal Aid Board ex p. [read post]
15 Oct 2021, 9:00 am by Riana Harvey
A claim in passing off could therefore not be sustained to protect goodwill that any reasonable person would consider to be trivial (Laddie J in Sutherland v V2 Music Ltd, [22]).Wenman claimed that her business was small but profitable, and that she had, since 2010, used the signs in question as descriptors of herself and the services she provided.In light of the evidence and submissions presented, HHJ Clarke was satisfied on the balance of probabilities that the columns in Prediction… [read post]
10 Oct 2021, 1:21 pm by Giles Peaker
In my judgment the reasoning of the House of Lords in Fahia (R v Harrow LBC, ex p Fahia(1998) 1 WLR 1396, HL) provides no basis for that contention, nor did the Court of Appeal in Begum (R. v. [read post]
5 Oct 2021, 8:21 am
Professor of Law & Director of Clinical Legal Education, UC Davis School of Law--Robert Cover as Critical Race Theorist   Mark Graber, University System of Maryland Regents Professor, University of Maryland Carey School of Law & Sandford V. [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
Lord Justice Arnold and Lord Justice Birss disagreed on the outcome, with the tie being broken by Lady Justice Elisabeth Laing, agreeing with Arnold LJ that the DABUS applications should be deemed withdrawn. [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
  And on 21 September 2021, a majority of the Court of Appeal of England and Wales (Lord Justice Arnold and Lady Justice Elisabeth Laing, Lord Justice Birss dissenting) upheld a decision of the High Court which agreed with the UK Intellectual Property Office (UKIPO) that Thaler’s applications should be deemed withdrawn because of his failure to identify a natural person as inventor (Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ… [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
Lord Justice Arnold and Lord Justice Birss disagreed on the outcome, with the tie being broken by Lady Justice Elisabeth Laing, agreeing with Arnold LJ that the DABUS applications should be deemed withdrawn. [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
  And on 21 September 2021, a majority of the Court of Appeal of England and Wales (Lord Justice Arnold and Lady Justice Elisabeth Laing, Lord Justice Birss dissenting) upheld a decision of the High Court which agreed with the UK Intellectual Property Office (UKIPO) that Thaler’s applications should be deemed withdrawn because of his failure to identify a natural person as inventor (Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ… [read post]
These were two of the key questions which the Court of Appeal grappled with in Thaler v Comptroller General of Patents [2021] EWCA Civ 1374. [read post]
These were two of the key questions which the Court of Appeal grappled with in Thaler v Comptroller General of Patents [2021] EWCA Civ 1374. [read post]
24 Sep 2021, 9:30 pm by Dan Ernst
Donahue has posted to SSRN her history-laden amicus curiae brief in FBI v. [read post]
24 Sep 2021, 5:37 am by Kevin
Thank you to the reader who recently alerted me to this important opinion: Campasano v. [read post]
24 Sep 2021, 3:10 am by Chukwuma Okoli
See also AIC Ltd v Edo State Government (2016) LPELR-40132 (CA). [12] (2021) 13 NWLR (Pt. 1794) 434. [read post]
12 Sep 2021, 10:17 am by Giles Peaker
The second and third grounds of appeal were “The Recorder failed to have regard to paragraphs 5 and 6 of Lord Diplock’s guidance in American Cyanamid v Ethicon (1975) AC 396. [read post]