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2 Jan 2017, 12:18 pm by Barry Sookman
At a minimum the party to be bound must be shown to have been aware of the Terms and Conditions at the time of purchase: see Kobelt Manufacturing Co v Pacific Rim Engineered Products (1987) Ltd, 2011 BCSC 224 at para 124, 84 BLR (4th) 189. [read post]
21 Dec 2016, 10:20 am by Sarah Sutherland
Ledcor Construction Ltd. v. [read post]
9 Dec 2016, 1:00 pm
, Neil Wilkof recalls the relationship between the Rolling Stones and Chess Records, in whose studios the “2120 South Michigan Avenue” composition was recorded in 1964.No measure of success in passing off cup caseRosie Burbidge analyses George East Housewares Ltd v Fackelmann GmbH & Co KG & Probus Creative Housewares Ltd, [2016] EWHC 2476 (IPEC). [read post]
7 Dec 2016, 11:58 pm
 In addition, last month, the Court of Appeal upheld Arnold J’s findings on the validity of the Patent and the amendment/abuse of process issues but disagreed with him, obiter, on issues concerning the construction and infringement of Swiss Type Claims (Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) & Ors [2016] EWCA Civ 1006). [read post]
6 Dec 2016, 8:11 am by Clay Hodges
For comparison, the median number of reports per drug was 7 cases, with 25% of drugs accounting for 4 or fewer serious cases in 2015, and 25% accounting for 103 cases or more. [read post]
27 Nov 2016, 11:30 pm
 InfringementThe two sides’ relatively agreeable co-existence became acrimonious when the first defendant began to spend significant sums bidding on the claimant’s Victoria Plum(b) trade marks (the most important of which being a UK registration for VICTORIA PLUMB) in the context of pay per click (PPC) advertising online, including variations such as “Victorian Plum(b)”. [read post]
18 Nov 2016, 3:03 am by Asad Khan
Indeed, hitherto, a person needed to have been identified per se from the language of the notice to benefit from the rights conferred by FSMA. [read post]
29 Sep 2016, 7:12 am by Docket Navigator
Celltrion Healthcare Co., Ltd. et al, 1-15-cv-10698 (MAD September 26, 2016, Order) (Wolf, USDJ) [read post]
25 Sep 2016, 7:03 am by Grace Yang
In a case currently pending in Chaoyang District People’s Court in Beijing, seven chefs brought a legal action against Lekuai Information Technology Co., LTD for unlawful termination. [read post]
24 Aug 2016, 4:26 pm by Kevin LaCroix
In the following guest post, Christopher Smith of the Sydney office of the the Clyde & Co. law firm, take a look at an interesting recent case from an Australian Court, in which the court held that directors who sign corporate documents must be able to read and understand the documents in order to discharge their duties. [read post]
17 Aug 2016, 2:15 am by Douglas McGregor, Brodies LLP
However, he relied on the well-established exception to that rule where the statute imposes an obligation for the benefit or protection of a particular class of individuals (per Lord Diplock in Lonrho v Shell Petroleum Co Ltd (No 2) [1982] AC 173.) [read post]
18 Jul 2016, 1:47 am by streetartandlaw
Issue an order that Starbucks be required to pay Hayuk such statutory damages within the provisions of the Copyright Act in a sum not less than $750.00, nor more than $30,000.00, per infringed work, or if the Court finds that any of the infringements were committed willfully, such statutory damages within the provisions of the Copyright Act in a sum up to and including $150,000.00 per infringed work; 12. [read post]