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30 Aug 2013, 7:51 am
(He expressly did not join in Parts IV.B and IV.C of the majority's opinion, which provides guidance for the trial court on certain issues which will be faced at the trial.)One might think, given this split, that the "guidance" offered in those latter two sections of the majority's opinion is scarcely guidance at all, because without Chief Justice Jefferson, what is written has the backing of just four of the nine Justices. [read post]
1 Jun 2016, 1:30 am
The latter are very much left as they mostly seem to be, with cigarettes only allowed to be a matt white color, but the filter end (or the end that is not intended to be lit) can be colored to resemble cork (as many these days seem to do). [read post]
26 Jul 2019, 5:49 pm
The latter commences:Some years ago, I found myself teaching a class on medieval law. [read post]
31 Mar 2015, 11:18 pm
The validity of its allegations turns upon the question of whether a diocese is free to disaffiliate from the Episcopal Church (USA).ECUSA has now lost the argument over whether one of its dioceses may withdraw of its own volition from union with General Convention, without asking the latter body for permission. [read post]
21 Jan 2018, 2:23 pm
The latter may present potentially a risk also in those countries that do not explicitly recognize the existence of self-standing image rights. [read post]
21 Feb 2018, 2:06 pm
Plus, I gotta tell you, I have zero doubt that at least some people would be more freaked out about a credit card receipt than a naked picture, and might indeed be psyched about the latter. [read post]
29 Jul 2019, 2:04 am
With regard to the latter, he submitted that, even where copyright subsists, protection might be denied/restricted on fundamental rights grounds. [read post]
1 May 2013, 4:06 pm
In the case of a Muslim killing a non-Muslim or his own children or grand-childen, there is no retaliation, no capital punishment of the killer, but indemnity and expiation are still owed—whom the indemnity is owed to in the latter case I do not know.I was curious as to how the commenter happened to have acquired his mistaken view of the law. [read post]
18 Oct 2023, 8:41 am
The former deals with whistleblower awards in SEC actions where monetary sanctions exceed $1 million, and the latter deals with award determinations based on a related action. [read post]
15 Mar 2016, 2:48 pm
But it cautions against reforms that bring policy into closer alignment with public opinion without improving the quality of the latter. [read post]
The BASMATI saga: General Court accommodates extended passing off within Community trade mark system
3 Oct 2015, 2:58 am
Before annulling the contested decision, the Court reviewed the reasoning of the Fourth Board of Appeal, and concluded that the latter had erred in its interpretation of Article 8(4) of the Trade Mark Regulation. [read post]
19 Jul 2015, 12:55 pm
Regarding colour marks, like any other jurisdiction, Japan requires a sign to be not functional, inherently distinctive or have acquired distinctiveness -in practice the latter standard will probably need to be demonstrated to secure rights.The recent extension of registrable rights was received positively since brand owners were apparently anxiously waiting for this reform. [read post]
18 Feb 2013, 7:00 pm
The only difference between creative writing and legal writing is that the latter requires to be backed by authority not personal opinions or imagination. [read post]
31 Jan 2018, 5:44 am
The Ninth Circuit takes the latter approach to a new extreme, the petition argues, by imposing an affirmative requirement to admit falsity. [read post]
18 Oct 2018, 2:26 am
The making of derivative works falls under the control of the owner of the copyright in the first work: it is not sufficient that the latter work is original to exclude infringement of copyright in the first work. [read post]
26 Jun 2014, 4:22 am
McCambridge opted for the latter, raising the issue of whether an adjudication of an account of profit requires an apportionment approach based only on the extent of the infringement and the sales attributable to misrepresentation -- or a wider approach, taking into account all the profit made by the offending product.Peter Charleton J determined that an account be carried out of just the profit attributable to the unintentional passing off. [read post]
7 Dec 2017, 9:03 pm
This workshop will investigate how individuals, organizations, civil society actors and states from the Global South impacted upon the UN and the system of global governance in the latter half of the 20th century as they expanded the meaning of decolonization to address a range of North/South inequalities. [read post]
27 Nov 2023, 1:29 am
According to these provisions, a trade mark proprietor cannot prohibit the use of a trade mark for identifying or referring to goods, when such use is necessary to indicate the indented purpose and if done in accordance with honest practices.Jiskefet implied that the latter requirement had not been fulfilled. [read post]
21 Jul 2019, 3:21 am
This decision presents a number of key issues in that it: found that a hosting provider (Dailymotion in that case) would be directly liable for content uploaded by its users; used an equitable criterion to calculate damages based on what would be the 'price of consent' (prezzo del consenso), that is the price that a wannabe licensee would pay to a rightholder to display content to which the latter owns the IP rights (in this case, over EUR 5.5… [read post]
27 Oct 2021, 5:04 am
In particular the lower courts had affirmed that, since the exact appearance of the Gucci trade mark was well-known to the final consumer, the latter would not have fallen into an error in the light of the differences of the junior mark and so there was no likelihood of confusion.The Supreme Court comprehensively took the view that the Court of Appeal (and also the Florence Court of First Instance) had got it wrong and stated (my own translation): “it is utterly irrelevant that those… [read post]
