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19 Aug 2021, 11:09 am by Nedim Malovic
The average consumer normally perceives a mark as a whole and does not engage in an analysis of its various details (OHIM v Shaker (C‑334/05 P)).The Applicant had submitted that there could be no likelihood of confusion because there was no similarity between the goods. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
18 Aug 2021, 4:30 am by Eric Segall
That is why Chief Justice Marshall ruled for the federal government in McCulloch v. [read post]
17 Aug 2021, 10:23 am by Rebecca Tushnet
Aug. 12, 2021) Query whether this kind of case will come out differently as TransUnion v. [read post]