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1 Apr 2019, 8:52 am
Photography Richard Bell – 10 Oppenheimer Iwasaki Counterfeit Bongs RooR International BV – 7 Architectural Drawings Design Basics LLC [read post]
30 Dec 2018, 3:03 am
2018 was another busy busy year in the world of copyright, and a continuing global 'theme' was the ongoing battle between 'big tech' and 'big content', with the likes of Google and YouTube continuing to lobby extensively against planned reforms, bringing onboard (some) of the creative community - whilst the 'big content' (including film companies, music companies, the games sector and television) rolled out other creators - and finally seemed to be… [read post]
10 Dec 2018, 2:14 am
Sara Parrello and Fabio AngeliniIn law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. [read post]
17 Oct 2018, 3:59 am
To be Frank, Nike’s lost out in LDNR LNDR Londoner mix-upFrank Industries PTY Ltd v Nike Retail BV [2018] EWHC 1893, High Court of England and Wales (July 2018)I covered the preliminary injunction won by Frank Industries in this case in Volume III. [read post]
27 Aug 2018, 3:11 pm
This was the first dilemma faced, over time, by the well-known designer Christian Louboutin in the process of enforcing the rights in his red sole trade mark. [read post]
29 May 2018, 3:26 am
I count a total of 12 different natural persons who are applicants to the priority documents in various combinations. [read post]
13 Apr 2018, 1:05 pm
Dinwoodie: language was inserted at a time when 43(a) was understood to be more limited [though I haven’t decided which way I think that cuts]. [read post]
8 Mar 2018, 7:48 am
The French Supreme Court noted that, under its prior case law, it had interpreted these two provisions as creating a due cause exception where (i) the defendant merely exports the goods to a country in which they are sold legally, and (ii) if there is no risk that they could be marketed in France (French Supreme Court 10 July 2007, Buttress BV vs. [read post]
8 Mar 2018, 2:38 am
Although I don’t repeat here the line of arguments developed by the Grand Chamber, I would like to invite every reader to compare the judgment with the Conclusions of AG Wathelet. [read post]
7 Mar 2018, 5:33 am
In this short exposé I will briefly comment on the much-awaited judgment of the Court of Justice of the EU (CJEU) in Case C-284/16, Slovak Republic v Achmea BV, which seems to seal the fate of investor-State arbitration (ISA) under intra-EU BITS. [read post]
31 Jan 2018, 10:05 pm
Article 3(a): a spectrum of specificity The Court of Appeal reviewed the case law of the CJEU and pending references, focussing on Case C-322/10 Medeva BV v Comptroller-General of Patents, Designs and Trade Marks and Case C-493/12 Eli Lilly & Co Ltd v Human Genome Sciences Inc. [read post]
29 Dec 2017, 7:34 am
When historians look back at the copyright worlf in 2017 (if our attention spans allow us to have roles such as a 'historian' in the future!) [read post]
24 Sep 2017, 9:44 am
In fact, only a judgment given by a court of a Contracting State designated in an exclusive choice of court agreement shall be recognised and enforced in other Contracting States. [read post]
25 Jul 2017, 1:12 am
The color of a product or a logo can often be just as memorable as its shape, design or quality. [read post]
20 Jun 2017, 8:30 am
In this post, I highlight three pieces of draft legislation designed to ensure Congress does just that. [read post]
9 May 2017, 4:42 am
The CJEU held in Case C-322/10 Medeva BV v Comptroller-General of Patents, Designs and Trade Marks [2011] ECR I-12051 that it was necessary for the product to be "specified" or "identified" in the wording of the claims. [read post]
5 Apr 2017, 6:28 am
As far as I am concerned the government should make a clear choice: either activities are carried out in the form of a public service and under the direct responsibility of a minister (and then everybody is a civil servant) or activities are carried out in the form of a company (NV or BV), but then they must be kept as much as possible outside the political sphere of influence. [read post]
27 Mar 2017, 2:03 am
This international application filed under the PCT [hereinafter referred to as "international application" or "subsequent application"], for which the EPO acted as designated Office, had been filed in the name of Tenaris Connections AG as applicant for all designated states except the United States of America and of five natural persons as applicants for the United States of America on 6 September 2003. [read post]
10 Dec 2016, 5:02 am
C-160/15, GS Media BV v. [read post]
15 Nov 2016, 5:30 am
Flynn, the Daily Caller noted last week, has an interest in promoting the Turkish government’s position; Flynn Intel Group, his consulting firm, represents Inovo BV, a Dutch company founded by a Turkish businessman with strong ties to the Erdogan government. [read post]
