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7 Mar 2014, 10:33 am
Indeed, while under Article 52(1)(a) CTMR the application date is the seminal moment for the examination invalidity grounds, examiners and Courts are free to consider any material subsequent to the date of application insofar as it enables conclusions to be drawn with regard to the situation as it was on that date [see the CJEU’s orders in Alcon v OHIM, in Case C-192/03P, and Torresan v OHIM, in Case C-5/10]. [read post]
6 Mar 2014, 8:00 am by Liz Kramer
  (Or the John Bender, if you prefer using character names.) [read post]
4 Mar 2014, 7:31 am by Jessica Smith
Other relevant factors include the nature and character of the statement, the relationship of the parties, State v. [read post]
28 Feb 2014, 2:48 pm by Rebecca Tushnet
Session 2: The Product Market DimensionRobert Burrell: why do we treat territorial and product markets so differently? [read post]
28 Feb 2014, 10:06 am by Rebecca Tushnet
  So we have exhaustion in theory but in practice a retailer can prevent it.Dorpan v. [read post]
24 Feb 2014, 6:00 am
’ `[Barber] stated in substance to me that he posted naked pictures of Ms. [read post]
The two Supreme Court cases that comprise the bedrock of legal precedent for the third-party doctrine—Smith v Maryland and United States v Miller—do not apply to cell site location data, the court found: We agree with the defendant…that the nature of cellular telephone technology and CSLI and the character of cellular telephone use in our current society render the third-party doctrine of Miller and Smith inapposite; the digital age has… [read post]