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26 Mar 2024, 8:08 am by Alessandro Cerri
 In the Court's view, the best description of the correct approach for a judge to assess evidence in trade mark infringement and passing off cases is found in Mr Justice Jacob's judgment in Neutrogena v Golden [1996] RPC 473: "The judge must consider the evidence adduced and use his own common sense and his own opinion as to the likelihood of deception. [read post]
11 Jun 2009, 3:52 pm
In Jacob LJ’s lead judgment, the precedents were considered - the main point taken from Peabody Donation Fund Governors v Grant [1982] 2 EGLR 37 CA, Swanbrae Ltd v Elliott (1987) 19 HLR 86 CA and Hildebrand v Moon (1990) 22 HR 1 CA was that ‘resides with’ carrys the meaning of ‘making their home there’ (Swanbrae), ‘more than live at’ (Swanbrae), ‘having made a home there… [read post]
8 Mar 2011, 7:55 am
As Lord Justice Jacob (giving a judgment with which Smith and Patten LJJ agreed) explains: “Before Neurim could be allowed to sell their patented formulation (for which they use the trade mark Circadin) they of course had to get regulatory approval. [read post]
21 Mar 2007, 2:05 am
Crank, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jacob L. [read post]
16 Jun 2014, 7:13 am
He referred in particular to comments by Laddie J in Mercury Communications Ltd v Mercury Interactive (UK) Ltd [1995] FSR 850, at 863-865; by Jacob J in Laboratoire De La Mer Trade Marks [2002] FSR 51, at [19]; and by Aldous LJ in Thomson Holidays v Norwegian Cruise Line [2002] EWCA Civ 1828; [2003] RPC 32, at [29]. [read post]
21 Dec 2017, 7:09 am
Mermeren v Fox ISir Robin Jacob calls for System 2 thinking for patent law I Florence court prohibits unauthorized commercial use of David's image I Thursday Thingies [Week ending 3 December] Clash of the beer pongs - Breakthrough Funding Ltd v Nearby Media Ltd I WTO establishes panel to examine Qatar’s complaint against UAE I What's next for trade marks in the UK and EU? [read post]
2 Jan 2018, 3:03 am by Peter Mahler
Jacobs v Cartalemi, __ AD3d __, 2017 NY Slip Op 08521 [2d Dept Dec. 6, 2017], in which the appellate court held that a minority member who voluntarily withdrew from the LLC was not entitled to a fair-value buyout under LLC Law § 509 based on the operating agreement’s superseding right-of-first-refusal provisions. [read post]
16 Sep 2019, 4:30 am by Ray Dowd
TeeVee Toons, Inc., 555 F.3d 949, 955 (11th Cir. 2009) (existence of license asserted as an affirmative defense to copyright infringement claim); Jacob Maxwell, Inc. v. [read post]
8 Apr 2011, 2:59 am by Marie Louise
(Technology & Marketing Law Blog) District Court Massachusetts – A good tacking decision: Boathouse Group, Inc. v. [read post]