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8 Aug 2021, 11:55 am by Nedim Malovic
Bad faith pursuant to Article 59(1)(b) of the EU Trade Mark Regulation (EUTMR), presupposes the presence of a dishonest state of mind or intention (Koton Mağazacilik Tekstil Sanayi ve Ticaret v EUIPO (C‑104/18 P)). [read post]
6 Aug 2021, 3:07 pm
”  The Court of Appeal holds that this statute applies to everyone, and that if you don't ask, a jury can find you liable for negligent entrustment on that basis alone.That's true even if, as here, there's absolutely zero reason to believe that the person's unlicensed. [read post]
6 Aug 2021, 11:40 am by Joe Mullin
This was especially true back in 2008, before patent examiners should have applied guidance from the Supreme Court’s 2014 Alice v. [read post]
4 Aug 2021, 2:30 pm by Jason Rantanen
If the reasoning of the USPTO is followed, a further challenge to the DABUS patent in South Africa would be the ‘first and true inventor test’. [read post]
4 Aug 2021, 11:49 am by Rebecca Tushnet
RT: “Limited portion” is more true with video and songs, less true with photography. [read post]
3 Aug 2021, 8:07 pm by David Cross
As Mr Rossato engaged in work that was “regular, certain, continuing, constant and predictable”, he was not a true casual employee. [read post]
3 Aug 2021, 6:28 am by Michael Geist
The analysis on aggregate copying was one of the most obvious errors in that decision and the Supreme Court hones in on the issue: the trial judge’s criticism of York’s Guidelines on the basis that different portions of a single work could be distributed to different students, such that an author’s entire work could end up being distributed in the aggregate, is also contradicted by SOCAN, which held that “[s]ince fair dealing is a ‘user’s’ right,… [read post]