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18 Dec 2018, 11:20 am by Neil Siegel
Supreme Court, Robert Cooter of UC Berkeley Law School and I developed a theory of Congress's taxing power that anticipated, and may have influenced, the Court's taxing power analysis in NFIB v. [read post]
17 Dec 2018, 8:02 am by Andrew Hamm
QUESTION: “Viewed through a modern lens,” you write, “a low point of Sanford’s time on the Taft Court came in 1927 with the case of Buck v. [read post]
17 Dec 2018, 2:29 am
Despite being conceptually dissimilar, the degree of similarity was held to be average, not ‘at most very low’, as the Board of Appeal considered in the contested decision.Bee-Fee Group MarkIn relation to the repute of the earlier mark, the contested decision found that the evidence showed use of the word mark LOUIS VUITTON and the Monogram canvas essentially for leather goods, bags in particular, and that, the applicant had produced no convincing evidence as regards the… [read post]
17 Dec 2018, 2:24 am by Matrix Legal Support Service
Passages in the Equality and Human Rights Commission’s Code of Practice (2011) provided helpful guidance as to the relatively low threshold of disadvantage (“unfavourable treatment”) sufficient to trigger the requirement to justify the treatment as a proportionate means of achieving a legitimate aim, under the Equality Act 2010, s 15(1). [read post]
14 Dec 2018, 7:25 am by Ben
This has been watered down of late but Szpunar has taken a hardline approach more consistent with the US 2004 case of  Westbound Records and Bridgeport Music v No Limit Films and Szpunar writes: "Artists must be particularly aware of the limits and restrictions that life imposes on creative freedom where they concern the rights and fundamental freedoms of others, in particular their right to property, including intellectual property. [read post]
13 Dec 2018, 8:51 am by Maria Kennedy (UK)
Most recently, in November 2018, the Committee examined differences in the handling of bribery cases between England, Wales and Scotland. [1] R v Sweett Group plc (2015), unreported; and R v Skansen Interiors Limited (2018), unreported [2] Standard Bank Plc (30/11/15); XYZ Ltd (11/7/16); and Rolls-Royce Plc (17/1/17) [3] Although note the slight discrepancy – section 7(5)(b) refers to a body corporate which “carries on a business” [4] [2014] EWCA Civ 482 [read post]
11 Dec 2018, 6:00 am by Guest Blogger
If we read the cases that build this new commercial speech doctrine, cases like Virginia Pharmacy and IMS v. [read post]