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12 Oct 2009, 10:00 pm
Aug. 14, 2009) (complaint here), recites a similar regulatory history and then objects to the FDA's ban of four, and restrictions imposed on two, health claims relating to the ingestion of Vitamins C and E on the risk of cancer. [read post]
4 Mar 2009, 9:55 pm
However, as I recently blogged, courts are struggling with the First Sale doctrine's application to e-commerce. * "(a) fair use of a mark in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (b) noncommercial use of a mark; and (c) all forms of news reporting and news commentary. [read post]
19 Feb 2015, 9:01 am
See also my article about Section 230(c)(2). [read post]
29 Sep 2017, 5:14 am
Todd v. [read post]
28 Oct 2009, 11:25 am
" Among other things, the Statue of Frauds applies to contracts that can't be performed within one year, contracts for the sale of goods above a certain value and contracts in which one party becomes a surety for another party's debt or other obligation. [read post]
14 Dec 2007, 10:37 am
., State of Indiana v. [read post]
1 Nov 2021, 8:09 am
FTC v. [read post]
22 Dec 2016, 9:10 am
Sandoz focussed on “proportionality” and in particular the importance of the Court including consideration of “whether the injunction was proportionate and a legitimate barrier to trade”, citing Napp v Dr Reddy’s [2016] EWHC 1517 (Pat) and C-494/15 Tommy Hilfiger. [read post]
23 Feb 2012, 1:55 am
The ECJ’s rulings in the Productores de Música de España (Promusicae) v Telefónica de España SAU (case 275/06) and LSG-Gesellschaft zur Wahrnehmung von Leistungsschutzrechten GmbH v Tele2 Telecommunication GmbH (case C-557/07) confirmed the necessity to balance data protection and IPR under the light of the principle of proportionality, but it did not provide any clear guidance as regards the role of intermediaries in the… [read post]
28 Feb 2007, 4:38 am
The result is said to be that the rights are wider than that which can be derived from the "legitimate scope of the initial patent disclosure" in order to prevent competition in the market for the licensing of patents essential to the manufacture, EEA sale and EEA importation of MP3 players. [read post]
17 Feb 2015, 7:59 am
Case citation: Crowe v. [read post]
8 Apr 2024, 4:22 am
, to receive distributions as provided in subsection (b), and, if the company dissolves and winds up, to receive specified information pertaining to the company from the date of dissolution as provided in subsection (c). . . . [read post]
25 Dec 2011, 11:54 am
Microsoft Corporation and Sun-Rype Products Ltd. v. [read post]
26 Dec 2011, 7:12 am
Microsoft Corporation and Sun-Rype Products Ltd. v. [read post]
13 May 2019, 4:41 am
McIntyre Machinery, Ltd. v Nicastro, 564 US 873, 888-889 [2011] [Breyer, J., concurring]). [read post]
9 Nov 2008, 11:48 pm
Elevated CRP's are an indicator of arterial inflammation, which purportedly increases the risk of heart attack more than LDL's. [read post]
10 Oct 2022, 4:00 am
by Michael C. [read post]
24 Feb 2020, 10:01 am
Murder case on Tinder, which was v. helpful. [read post]
19 Jun 2016, 2:34 pm
That left Di Palma v United Kingdom (1988) 10 EHRR CD149 and Wood v United Kingdom (1997) 24 EHRR CD69, both of which found court as public authority not an issue when the court “merely provided a forum for the determination of the civil right in dispute between the parties”. [read post]
12 Jun 2008, 11:08 am
In Canada v. [read post]
