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18 Jul 2011, 10:35 am
The judge's at-a-glance ruling goes like this: the CDPA s.20(c) was not ultra vires the InfoSoc Directive;  TVC was indeed communicating films and broadcasts to the public, but, just to be on the safe side, it's a good idea to refer this issue to the Court of Justice of the European Union for a preliminary ruling, so hold your breath! [read post]
18 Jul 2011, 7:53 am
For example, “while prong (a) of the test requires the individual to be free from control, both under the parties’ agreement and in fact, under federal law, a franchisor must maintain certain controls over the use of its brand, marks and system, or risk losing trademark rights. [read post]
18 Jul 2011, 4:56 am by Marie Louise
(IP finance)   Europe Cognac comes of best in spirited attack on Finns: Joined cases C-4/10 and C-27/10 Bureau national interprofessionel du Cognac v Gust. [read post]
17 Jul 2011, 2:19 am by gmlevine
The question to be answered is whether the “alleged mark has become a distinctive identifier associated with the complainant or its goods and services. [read post]
14 Jul 2011, 9:23 am by rbm3
New York: Wolters Kluwer, c2011 KF245 .B68 2011 See Catalog Civil rights movements -- Georgia -- Atlanta -- History COURAGE TO DISSENT: ATLANTA AND THE LONG HISTORY OF THE CIVIL RIGHTS MOVEMENT / TOMIKO BROWN-NAGIN Oxford; New York: Oxford University Press, 2011 KF4757 .B74 2011 See Catalog Civil unions -- Law and legislation -- United States MAKING IT LEGAL: A GUIDE TO SAME-SEX MARRIAGE, DOMESTIC PARTNERSHIPS & CIVIL UNIONS / FREDERICK C. [read post]
14 Jul 2011, 9:10 am
Today it was the turn of spirits, with Joined Cases C-4/10 and C-27/10 Bureau national interprofessionel du Cognac v Gust. [read post]
14 Jul 2011, 4:30 am
 The Case is C-46/10 Viking Gas A/S v Kosan Gas A/S, formerly BP Gas A/S, a reference for a preliminary ruling under from the Danish Højesteret [the IPKat interjects to add that, since the Danes are so good at speaking other languages, it is easy to forget that they speak Danish too: Højesteret is the Danish for 'Supreme Court' and is not, as Merpel mischievously tells people, a tasty dessert]. [read post]
13 Jul 2011, 9:28 pm by IP Dragon
Article 18 (4) Trademarks Ordinance 2003: A person infringes a registered trade mark if-(a) he uses in the course of trade or business a sign which is identical or similar to the trade mark in relation to goods or services which are not identical or similar to those for which the trade mark is registered;(b) the trade mark is entitled to protection under the Paris Convention as a well-known trade mark; and(c) the use of the sign, being… [read post]
13 Jul 2011, 11:49 am by rbm3
New York: Wolters Kluwer, c2011 KF245 .B68 2011 See Catalog Civil rights movements -- Georgia -- Atlanta -- History COURAGE TO DISSENT: ATLANTA AND THE LONG HISTORY OF THE CIVIL RIGHTS MOVEMENT / TOMIKO BROWN-NAGIN Oxford; New York: Oxford University Press, 2011 KF4757 .B74 2011 See Catalog Civil unions -- Law and legislation -- United States MAKING IT LEGAL: A GUIDE TO SAME-SEX MARRIAGE, DOMESTIC PARTNERSHIPS & CIVIL UNIONS / FREDERICK C. [read post]
13 Jul 2011, 9:35 am by Andres
Arnold J found that there had been indeed trade mark infringement committed by some of the co-defendants by trading on sampler and de-marked goods on the site. [read post]
13 Jul 2011, 6:42 am by Ilya Shapiro - Guest
  A law that is good policy might be unconstitutional or preempted by some higher law. [read post]
12 Jul 2011, 10:25 am by Shawn McCammon
This is a good summary article for any new business owner, or those thinking of starting a business. [read post]
12 Jul 2011, 10:25 am by Shawn McCammon
This is a good summary article for any new business owner, or those thinking of starting a business. [read post]
12 Jul 2011, 7:12 am
Here in Part III, in alphabetical order, are some early responses to this morning's Court of Justice ruling in Case C? [read post]
12 Jul 2011, 2:59 am
Where the proprietor of a trade mark supplies to its authorised distributors items bearing that mark, intended for demonstration to consumers in authorised retail outlets, and bottles bearing the mark from which small quantities can be taken for supply to consumers as free samples, those goods, in the absence of any evidence to the contrary, are not put on the market within the meaning of Directive 89/104 and Regulation No 40/94 [= Case C-127/09 Coty… [read post]
12 Jul 2011, 2:58 am
(c) in circumstances where the operator of the online marketplace has knowledge that goods have been advertised, offered for sale and sold on its website in infringement of registered trade marks, and that infringements of such registered trade marks are likely to continue to occur through the advertisement, offer for sale and sale of the same or similar goods by the same or different users of the website, does this constitute “actual… [read post]