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16 Jan 2009, 4:15 am
No. 1 Inc. v DiNapoli, 2008 NY Slip Op 52606(U), decided on December 22, 2008, Supreme Court, Albany County [not officially reported]The Carle Place Hook, Ladder and Hose Co. [read post]
11 Nov 2019, 1:26 am
As Hill J in Aldi Stores Ltd Partnership v Frito-Lay Trading Co GmbH [2001] FCA 1874, [30] stated: In most, if not all cases, the question whether there has been use as a trade mark will be determined by an objective examination of the use in the context in which it appears.His Honour, in considering whether consumers would perceive the name Delphine as a badge of origin, stated: … the context or setting in which consumers viewed the EDMs [electronic direct mail]… [read post]
2 Jul 2019, 4:09 pm by INFORRM
“Likely” in this context normally means “more likely than not”, though a lesser prospect of success may suffice where the Court needs a short time to consider evidence/argument, or where the adverse consequences of publication might be extremely serious: Cream Holdings Ltd v Banerjee [2005] 1 AC 253 [16]-[23] (Lord Nicholls); ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329 [2019] EMLR 5 [16]. [read post]
27 Aug 2019, 4:45 am by Andrew Lavoott Bluestone
An exception exists and liability may be extended where a plaintiff sufficiently pleads acts of fraud, collusion, malicious acts or other special circumstances (see Leggiadro, Ltd. v Winston & Strawn, 119 AD3d 442 [Pt Dept 2014]). [read post]
17 Jul 2017, 12:16 am
 Sky brought its claim shortly after this filing in May 2016. [read post]
22 May 2016, 4:05 pm by INFORRM
On 16 May 2016 Sir David Eady heard a PTR in the case of Bloor v Beresford. [read post]
12 Feb 2008, 9:08 pm
Noriega's case will be heard by the 11th Circuit Court of Appeals on January 14, 2009.The Editor interviews Miami Attorney Jon May, who represented General Manuel Noriega at trial and on appeal (along with Attorney Frank Rubino).Some background: In United States v. [read post]