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11 Oct 2023, 3:25 am by Florian Mueller
In this case, it's even worse: Deutsche Telekom even signed an agreement under which IPCom's subsequent conduct vis-à-vis other telcos wouldn't count. [read post]
14 Mar 2022, 7:31 am by Florian Mueller
Has the Commission informed non‑EU governments that a failure by non‑EU car manufacturers to fulfil SEP licencing obligations would constitute a distortion of the competitive level playing field vis‑à‑vis EU car manufacturers that have the necessary SEP licences, and what commitments has it received? [read post]
2 Aug 2021, 1:55 am by Anastasiia Kyrylenko
Companies may not be required to make available various parts of their products separately from the overall product.The AG nevertheless introduced two criteria that must be satisfied for a partial design to be protected as an unregistered design:(i) the appearance of the part of the product shall be ‘clearly identifiable’; and,(ii) if made available through a photograph, such part shall be ‘clearly visible’ (emphasis by AG, paras. 64-65 of the… [read post]
17 May 2017, 7:48 am by Steve Vladeck
Unlike implied statutory causes of action, which sprang from broad (and contested) progressive theories of the judicial role vis-à-vis Congress, Bivens had its origins in a long-standing common-law tradition of judge-made remedies against federal officers—just with state law and state courts doing most of the work. [read post]
9 Aug 2013, 7:00 am by Spencer L. Reames
  In an upcoming Nassau County Surrogate’s Court hearing, Surrogate McCarty, on the other hand, will be tasked with assessing the possible boundaries of the slayer rule vis a vis the insanity defense. [read post]
22 May 2017, 10:00 am by Andrew Keane Woods
Rather than change the underlying technology, the reforms on the table require clarifying and making compromises about one state’s jurisdictional reach vis-à-vis another’s. [read post]
30 Aug 2014, 5:22 am
Therefore, the delegation vis-à-vis determination of suitability criteria is not merely a procedural or administrative function, but necessarily involves making policy choices in tune with our vision of the higher judiciary. [read post]
5 Jan 2016, 9:04 am by Rick Pildes
  But beneath this legal issue is the existential question of the fundamental identity of Puerto Rico and its legal status vis a vis the United States. [read post]
22 May 2022, 11:28 am by Giorgio Luceri
For more information on the programme, list of speakers and registration, please visit the following link.9 June 2022 | 8:30 – 17:00 (BST) | QMIPRI | Annual Conference 2022: “Access to Intellectual Property in New and Emerging Technologies” (in-person)Queen Mary Intellectual Property Research Institute, in collaboration with the Centre for Commercial Law Studies, presents a two-day research conference investigating the vibrant and divergent narratives on the role of intellectual… [read post]
24 Feb 2021, 8:43 am by Anastasiia Kyrylenko
The chapter can be schematically divided into four parts: (i) setting out the context for art. 17 and addressing the general reasoning of the CJEU regarding the fair balance principle; (ii) applying the Court’s reasoning in past copyright cases to discuss issues of art. 17, including that of the nature of the article vis-à-vis the communication to the public right in Directive 2001/29/EC; (iii) considering the Polish challenge to art. 17, concluding that art. 17 will… [read post]
30 Jun 2022, 9:00 pm by Veridiana Alimonti
Nevertheless, Tigo was the only company earning a full star for both publicly asserting that the company requires a judicial authorization before complying with communications interception requests, and for committing to assess requests received vis-à-vis legal safeguards. [read post]
8 Nov 2012, 5:01 pm by oliver randl
In the Board’s view, the scope of the claim as maintained has been restricted vis-à-vis that of the claim as granted since the subject-matter upheld explicitly comprises the dialysis machine as an additional feature, instead of mere suitability of the user interface and screen display apparatus for a dialysis machine. [read post]
2 Jan 2020, 11:35 pm
In Beats v LG [2016] SGIPOS 8, IP Adjudicator David Llewelyn applied Staywell, but suggested considering the nature of the relevant goods vis-a-vis the earlier mark's distinctiveness at the mark-similarity stage rather than only at the likelihood of confusion stage. 2. [read post]
19 Feb 2019, 6:35 am
 Still, with regard to its property-right dimension, the Federal Court’s decision is as unsatisfying for academics as it is for those taking photographs in museums – who now face serious liability risks – and for the claimant group of museums itself – which, instead of being confirmed in its assertion of a widely interpreted property right, have, for now, been relegated to a contractual right vis-à-vis their visitors. [read post]
21 Sep 2013, 1:55 am by Florian Mueller
In this regard it's important to bear in mind that Microsoft has nothing to do with Nokia's obligations vis-à-vis its shareholders. [read post]
12 Oct 2019, 7:09 am by Florian Mueller
Paul Lugard is a partner at BakerBotts who has represented clients from many industries (including, but not limited to, consumer electronics and telecommunications) vis-à-vis the European Commission.Dave Djavaherian, the founder of PacTech Law, served as associate general counsel at Broadcom (I met him at the time as certain Broadcom customers faced lawsuits in Germany). [read post]
5 Jun 2023, 4:26 am
" And as to Factor 3, there was no question that the  PEPSI-COLA mark became famous long before Applicant’s constructive use date of August 14, 2019.As to Factor 4, the Board looked to Section 43(c)(2)(B)(i-vi) in considering: (i) the degree of similarity between Applicant’s mark and Opposer’s famous mark;(ii) the degree of inherent or acquired distinctiveness of Opposer’s mark;(iii) the extent to which Opposer’s is engaging in substantially… [read post]
26 Nov 2015, 4:07 am by David Fraser
The courts have held that you don't have an expectation of privacy -- vis-a-vis the police -- in your license plate information and your car registration information that it is connected to. [read post]
20 Apr 2017, 9:13 am
  Future CJEU decisions can be accorded persuasive authority in UK courts, but this will not guarantee a consistent approach in the UK vis-a-vis the EU. [read post]
2 Jul 2015, 8:00 am by Yishai Schwartz
And second, the strength of the White House position vis-a-vis opponents of a looming deal. [read post]