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1 May 2018, 1:09 pm
"  The examiner found that such a concept was similar to the decision SmartGene, Inc. v. [read post]
30 Apr 2018, 2:00 am
"  The examiner found that such a concept was similar to the decision SmartGene, Inc. v. [read post]
8 Oct 2017, 6:33 am by INFORRM
In an important judgment handed down on 4 October 2017 in the case of Google Inc v Duffy ([2017] SASFC 130 [pdf]) the Full Court of the Supreme Court of Australia upheld the decision of Blue J ([2015] SASC 170) that Google Inc was liable for the defamatory content of the hyperlinks and paragraphs in search results on the claimant’s name (see our comment on the first instance decision). [read post]
26 Feb 2017, 4:00 am by Administrator
The trend internationally is that bidding on a keyword “would not in and of itself be sufficient to establish infringement because … it must also be shown that the advertisements did not enable the average consumer to ascertain whether the goods or services referred to originated from … [the trademark owner] or from [the advertiser]”: see lnterflora v Marks and Spencer plc, [2014] EWCA Civ. 1403 at paras. 69-70 and 192; Google France SARL v Louis… [read post]
21 Apr 2016, 5:34 am by Marie-Andree Weiss
” That does not mean that mere “sweat of the brow” is enough to claim protection of a compilation by copyright, as explained by the Supreme Court in Feist Publications, Inc. v. [read post]
3 Apr 2016, 9:24 am
Kraft Food Schweiz AG and Nestle Suisse SA are two chocolates manufacturers, members of the Chocosuisse Union. [read post]
16 Dec 2015, 6:06 am
Court of Appeals for the 4th Circuit 2010); see also U.S. v. [read post]
28 Sep 2015, 6:00 am by David Kris
  The simplest approach in concept probably would be to remove or override domestic legal prohibitions on disclosure, where desired, in response to certain types of favored foreign production directives.[37]  As a matter of U.S. law, this would not be difficult technically (although it might be very challenging politically). [read post]
15 May 2015, 4:27 pm by INFORRM
Note in contrast that in Scarlet Extended SA v Societe Belge des Auteurs, Compositeurs SCRL (SABAM) (C-70/10) [2011] ECDR 4 a filtering system that would have required the ISP to itself identify file-sharing websites and then imposing a blocking mechanism did fall fall of Article 15. [read post]
9 Feb 2014, 2:27 pm
In L'Oréal SA v Bellure NV [2010] EWCA Civ 535 (on which see IPKat overview here) Bellure's business model was to sell cheap 'knock off' perfumes whose smell alluded to the smell of L'Oréal 's own perfumes. [read post]