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29 Oct 2015, 4:26 am
As a supplement to prior writing on this issue, consider the following, which reflects an analysis of citation data collected from all reported federal judicial opinions that have analyzed CIL since the Supreme Court’s 2004 decision in Sosa v. [read post]
8 Apr 2019, 4:32 pm
In the UK, the High Court ruled in the Adam Ant case that “[f]acial make-up was not a painting within section 3 of the Copyright Act” [referring here to the 1956 Copyright Act, which was subsequently repealed and replaced by Section 4 of the CDPA] (see Merchandising Corporation of America v Harpbond [1983] FSR 32). [read post]
13 Jun 2014, 2:58 am
A few hours before the World Cup’s kick-off match, the General Court wrote another Chapter of the “R10” saga, concerning a trade mark related to one of the funniest Brazilian football players ever [Case T‑137/09 RENV, Nike International Ltd v OHIM, available in Frenchand Spanish]. [read post]
30 Aug 2022, 3:16 am
"That reminded me of a passage from Qualcomm's reply brief in support of its Ninth Circuit appeal of the district court's FTC decision:"See United States v. [read post]
18 May 2023, 9:30 pm
And Greg Ablavsky has recently emphasized that American lawyers could not afford to ignore Spanish, French, or Mexican property law. [read post]
26 Apr 2020, 11:37 am
MacKenzie v. [read post]
12 Mar 2014, 12:55 pm
Topics to be touched upon include the effect of the Supreme Court decision in Lucasfilms v Ainsworth, whether barristers should ditch their wigs in favour of the rather more egalitarian headgear illustrated on the right, and lots more besides. [read post]
8 Oct 2014, 4:30 am
In Centeno v. [read post]
9 Jul 2020, 5:13 am
In a recent victory for free speech and the Internet, EFF helped to strike down core provisions of a French bill meant to curb hate speech, arguing that it would unconstitutionally catch legal speech in its net. [read post]
25 Jul 2018, 4:00 pm
Earlier today, Judge Messitte of the Maryland federal district court ruled that the "Emoluments Clause" case - the nicely-captioned DC & State of Maryland v. [read post]
15 Nov 2019, 3:00 am
Sometimes elegance is refusal.The average consumer and the nature of the purchasing actAs per Sabel BV v Puma AG, the average consumer normally perceives a trade mark as a whole and does not proceed to analyse the various details. [read post]
19 Oct 2014, 10:20 am
So let's take a look at Case T-450/11 Galileo International Technology LLC v OHIM, the European Commission and the European Space Agency (ESA). [read post]
13 Feb 2013, 8:03 pm
The French NCP has taken primary responsibility on Colombia-based issues because MNE headquartered in France; consulting with U.S. [read post]
18 Apr 2018, 1:36 pm
Matthew Kahn shared the Supreme Court’s per curiam ruling declaring the U.S. v. [read post]
13 Nov 2012, 2:35 pm
It may remain stored, but not indexed; No judicial review of the justification for the surveillance; No notification to individuals incidentally or mistakenly monitored; Very difficult to impose consequences for violating the FAA, see e.g. government’s argument in Amnesty v. [read post]
8 Mar 2019, 10:02 am
However, according to scholarly literature, "the exclusion of translations from the definition should be confined to true and accurate translations, as it is difficult to see why an author should not be able to object to a translation which murders his work or distorts its meaning" (1987 French case of Zorine (Leonide) v Le Lucernaire L. [read post]
26 May 2019, 7:48 am
The second covers the Supreme Court’s 5-4 decision in Pepper v. [read post]
13 Nov 2018, 8:27 am
This collection captures the extent to which the notion of ‘authorship’ is more relevant today than ever despite the attempts of contemporary art movements, initiating the ‘Death of the Author’ as announced some forty years ago by French theorists, such as Michel Foucault and Roland Barthes, who proposed to get rid of the traditional perception of the author as the sole "father" or creator of his work. [read post]
25 Jul 2018, 10:43 am
Such practical, result-oriented use of EU pre-emption has occurred in the area of economic rights with regard to the scope of national implementations of, eg, the InfoSoc Directive; exceptions and limitations (notably national private copying provisions); and independent national legislative initiatives, such as the one at issue in Soulier and Doke concerning the 2012 French law on the exploitation of out-of commerce works [here]. [read post]
27 Nov 2012, 2:34 am
The fracas that occurred when COPE was established indicates some expected difficulties with that process - see Tune in live for ANC v COPE name battle. [read post]
