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16 Jun 2010, 3:39 pm by Rebecca Tushnet
NAD has advantages in speed (v. full litigation) and money. [read post]
8 Jul 2014, 9:23 am by John Gregory
The answer to that is generally negative, thanks to the Supreme Court of Canada’s ruling in Crookes v Newton in 2011. [read post]
11 Jan 2022, 2:26 pm by Patricia Hughes
INTRODUCTION In its December 2021 decision in Ontario Teacher Candidates’ Council v. [read post]
22 Jul 2015, 2:18 pm by Rebecca Tushnet
 Ambiguity between how much of the discourse in A2K is targeted at patent v. copyright. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
Not surprisingly, there are already a slew of reactions to the Court's landmark decision on Friday in Carpenter v. [read post]
14 Feb 2020, 4:00 am by Malcolm Mercer
Over thirty years ago, Chief Justice Dickson for the Supreme Court of Canada stated in Action Travail des Femmes v. [read post]
21 Oct 2011, 1:31 pm by SteinMcewen, LLP
§102(a).[24] As an illustration of how this might represent a change, lets look at the facts in Motionless Keyboard Co. v. [read post]
17 Apr 2010, 3:00 am by Rebecca Tushnet
The court simply found no likely confusion, without mentioning the First Amendment (which invites reversal), but a factfinding on confusion makes it harder to reverse (which is also true of using confusion v. using nominative fair use). [read post]
9 Jan 2025, 2:32 pm by Eric Goldman
” The court resolved the matter on standing grounds, but in a way that made it harder for plaintiffs to win those cases as well. [read post]