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15 May 2019, 3:14 am by Matrix Legal Support Service
In line with London County Council v Church Wardens and Overseers of the Poor of the Parish of Erith in the County of Kent [1893] AC 562, the Court held that “the true test is whether the occupation is of value”. [read post]
27 Mar 2011, 9:37 am by Marty Schwimmer
  The more interesting lawsuits (to me) will be variants of the Akanoc fact pattern in both TM and copyright, where the intermediary is on actual knowledge of a specific infringement and for whatever reason, doesn't promptly remove the material. decison wolk v photobucket dmca(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src =… [read post]
11 Nov 2010, 5:59 pm by David Lat
Earlier this week, we brought you the story of Nelson v. [read post]
30 Jun 2015, 2:57 am by Rebecca Tushnet
  Lanham Act false advertising cases divide into literally false claims and literally true but misleading claims, the latter of which require extrinsic evidence of actual consumer confusion. [read post]
12 Jul 2011, 1:20 pm by Andrew Lavoott Bluestone
"A motion to dismiss pursuant to CPLR 3211(a)(7) will fail if, taking all facts alleged as true and according them every possible inference favorable to the plaintiff, the complaint states in some recognizable form any cause of action known to our law" (Kennedy v H. [read post]
19 Jul 2024, 4:47 am by Andrew Lavoott Bluestone
“On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference” (Angeli v Barket, 211 AD3d 896, 897 [2022]; see Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
9 Feb 2007, 9:51 am
Be sure to click on the thumbnails to see the true quality of each image. 4. [read post]
3 Sep 2015, 4:02 pm by INFORRM
  In a 61 page judgment in CPA Australia v NZICA [2015] NZHC 1854 Dobson J held that, whilst NZICA representatives had made some indefensible disparaging remarks, CPAA’s inability to establish pecuniary loss meant its claims could not be made out. [read post]
26 May 2013, 6:52 am by Jeff Gamso
 Twelve good men (and women) and true couldn't agree unanimously on whether she should be put to death on their direction or spared to spend the remainder of her life in prison with no hope of ever being released. [read post]