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23 Dec 2024, 7:35 am
The trade mark data and other archival sources are used to trace how economic conditions and the different business models adopted by Arab and Jewish traders influenced their decisions to register their trade marks, or rely on unregistered markas, to market and export their Jaffa Oranges (in the absence of geographical indications protection at the time). [read post]
21 Sep 2015, 2:01 am
As such, "[t]here may be an infringement of the exclusive distribution right, under Article 4(1) of [the InfoSoc Directive], where a trader, who does not hold the copyright, sells protected works or copies thereof and addresses an advertisement, through its website, by direct mail or in the press, to consumers located in the territory of the Member State in which those works are protected in order to invite them to purchase it. [read post]
13 Sep 2019, 6:17 am
It ruled that Article 97(5) of 2009 EU Trade Mark Regulation must be interpreted as meaning that the proprietor of a European Union trade mark may bring an infringement action against an infringer before a European Union trade mark court of the Member State within which the consumers or traders to whom that advertising and those offers for sale are directed are located, notwithstanding that that third party took decisions and steps in another Member State to bring about that electronic… [read post]
14 Apr 2021, 5:58 am
To this end, he found that it was not inherently dishonest business practice to use a sign that would bring another trader to mind in an amusing but inoffensive way. [read post]
22 Dec 2015, 7:02 am
Portuguese traders and missionaries transformed Macau into the locus of East-West intercourse three centuries before Hong Kong was colonised. [read post]
1 Apr 2019, 5:00 am
The defendants, James Vorley and Cedric Chanu, worked as traders at Deutsche Bank AG. [read post]
18 May 2020, 5:00 pm
A majority of the comments, which were submitted from industry associations, end-users, traders, commercial participants, and exchanges were generally supportive of the proposed rules, while there were some calls for greater clarity or further regulatory relief. [read post]
9 Nov 2021, 9:56 pm
The applicant relied upon the ‘extended’ form of passing off (referred to in Chocosuisse Union des fabricants suisses de chocolat & Ors v Cadbury Ltd. [1999] EWCA Civ 856), which enables several traders to have rights over a sign which has acquired a reputation on the market (and whereby - as per the UK law of passing off - such notional use by another has constituted a misrepresentation, and damage was caused).The BoA had previously found that, whilst there was reputation… [read post]
7 Feb 2013, 3:12 pm
While it is laudable that any public institution should operate in such a manner as to live within its means, it is nonetheless a public institution: it carries out administrative and judicial functions which have been delegated to it by its member states: it is not a private sector trader that is accountable to its shareholders. [read post]
6 Feb 2014, 12:49 pm
She was the only white woman to have a bounty on her head – dead or alive – paid for by the slaveholders and slave traders. [read post]
14 Dec 2014, 6:06 am
Designed to preserve the goodwill of a trader against misrepresentation, this tort applies regardless of whether marks are registered or not. [read post]
UK court discusses copyright protection of fictional characters and defences for parody and pastiche
9 Jun 2022, 1:41 am
The main character is a market trader, Derek "Del Boy" Trotter.In 2019, a musical based on the OFAH characters also opened at the Theatre Royal Haymarket in London.In 2018, the defendants launched an interactive dining show – the “Only Fools The (Cushty) Dining Experience” (OFDE) – in which actors would play the various OFAH characters in a different context (an interactive pub quiz) from the original OFAH series.Shazam, the claimant in this case, is a… [read post]
27 Mar 2015, 8:01 am
” Even when two traders are booking a deal over the phone, it is being logged and finalized via electronic communications, she said. [read post]
22 Jul 2020, 2:41 am
At the end of the day, what is good for the trader or the linguist may be less desirable for the trademark practitioner, reminding us that trademark law has a separate and distinct internal logic of “good” and “bad”.By Neil WilkofPicture on top right by Strahan/Norman McLeod and is in the public domain. [read post]
13 Jul 2017, 11:31 pm
[For some further background information on where the law stands, you can take a look at these slides I prepared for a lecture at Bocconi University a few weeks ago]The Dutch Tom Kabinet e-book caseReaders may remember that the question of digital exhaustion has arisen in a number of Member States, especially in the aftermath of the controversial UsedSoft decision by which the CJEU held that the Software Directive - which is lex specialis in relation… [read post]
31 Oct 2023, 12:55 pm
Second limb - Distinctive characterAs for the second limb, the crux of the Republic of Cyprus' argument was that certification marks refer to a guarantee of quality, with the result that the commercial origin of the goods and the identity of the trader are secondary for consumers, and that many certification marks would be descriptive if the criteria specific to individual marks were to be applied. [read post]
24 Apr 2017, 10:44 am
" And who knows who else...Finally, just a message for the professional and amateur stock traders who message me via the contact form on this blog. [read post]
4 Aug 2013, 9:31 pm
In the words of the directive, “To ensure a free, fair, non-violent, and no intimidation election on July 28 [2013] traders and vendors must suspend selling alcohol and all Cambodians and foreigners living in Cambodia must stop drinking alcohol on the prohibited days. [read post]
8 Mar 2017, 9:26 am
| Trader keeps the [good] faith in a spare part in trademark doublebill| Book Review: The Informal Economy in Developing Nations - Hidden Edge of Innovation? [read post]
4 Apr 2017, 1:55 am
| Trader keeps the [good] faith in a spare part in trademark doublebill | Book Review: The Informal Economy in Developing Nations - Hidden Edge of Innovation? [read post]