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16 Sep 2014, 9:57 am by Ben
 However, when considering the effect of a parody, he held that it is a common understanding that a parody must have a somehow humorous effect, and that it is left to (seemingly the courts) Member States to define what is humorous, also depending on different national sensitivities. [read post]
28 May 2020, 12:05 am by Léon Dijkman
Interestingly, although the parties had not argued this, the court suggested it had jurisdiction to hear the case against Nestlé BV's parent company on the basis of the CJEU's decision in C-617/15 Nike v. [read post]
17 Jun 2022, 7:23 pm by Lloyd J. Jassin
That is because federal law takes precedence over state laws. [read post]
3 Jan 2014, 1:50 am
Initially the opposition was based on a whole host of grounds, starting with the Trade Marks Act 1996, section 8 on the grounds that BETPACK (i) did not fall within the definition of a trade mark, (ii) was devoid of distinctive character, (iii) consisted exclusively of signs or indications which may designate characteristics of the goods, (iv) was of such a nature as to deceive, (v) was such that its use would be prohibited by enactment or rule of law. [read post]
5 May 2016, 5:05 am
The glyphs used in Klingon are functional, and analogous to typeface designs (which are said in US law to be protectable as industrial designs only, per Adobe Sys. v. [read post]
26 Jan 2022, 6:30 am by Guest Blogger
  And it rightly criticises the separation of powers idea as inapt in the modern administrative state . [read post]
25 Jan 2015, 10:32 am by Andrew Delaney
The first standard applied, the Cronic standard (from the SCOTUS ruling in United States v. [read post]
2 Sep 2011, 6:05 am by gmlevine
This balancing of evidence is illustrated in Jake’s Fireworks Inc. v. [read post]