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25 Oct 2011, 10:45 am by Badrinath Srinivasan
In this post, we'd be discussing the case in detail and in the coming posts under the label "Sale of Goods", we would be dealing with different aspects pertaining to sale of goods such as INCOTERMS, insurance in sale of goods etc.Case: Phulchand Exports Ltd. v. [read post]
2 Mar 2020, 10:12 am by Rebecca Tushnet
MTM comes out the other way, consumers get different choices and behave differently b/c product mix is now different. [read post]
6 Apr 2010, 9:39 pm by Simon Gibbs
Those who have never heard of Hollins v Russell.2. [read post]
6 Apr 2010, 9:39 pm by Simon Gibbs
  In Hollins v Russell [2003] EWCA Civ 718. [read post]
20 Jan 2023, 7:46 am by Marcel Pemsel
It follows that the earlier trade mark cannot be found to be generic, descriptive or devoid of any distinctive character, without calling into question its validity in revocation proceedings, which would give rise to an infringement of Article 8(1)(b) of Regulation No 207/2009 (see, to that effect, judgment of 24 May 2012, Formula One Licensing v OHIM, C‑196/11 P, EU:C:2012:314, paragraphs 47, 51 and 52). [read post]
9 Aug 2019, 11:34 am by Rebecca Tushnet
  Similarly, exacerbates tension on First Amendment interests b/c we have a merchandising claim at work—Court’s intuition that he should win does real damage to Rogersby finding the use artistically relevant, but also finding that b/c we’re in the same (merchandising) market, it might be explicitly misleading even though the defendant isn’t doing anything explicitly misleading.Porous markets: Excelled Sheepskin v. [read post]
12 Jan 2009, 12:53 pm
 DCAA's departure from government-wide standards and its own prior procedures appears to be a hyper-defensive reaction to (a) a July 2008 GAO Report finding that DCAA management forced field auditors to change their findings relating to contractor internal control systems and related recommendations that contractor systems were inadequate and (b) resultant Congressional criticism that DCAA's audit process was "fundamentally corrupt. [read post]