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20 Jun 2017, 11:33 am by Lisa Ramsey
§ 1125(c), protects famous and distinctive trademarks against dilution by blurring or tarnishment “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. [read post]
17 May 2017, 3:53 am by Ben
 While the CJEU confirmed the general principle of UsedSoft in its more recent (2016) decision in Microsoft, C-166/15 [here], it remains unclear whether and to what extent this conclusion can be extended to works other than computer programs and that fall under the scope of the general EU copyright directive, ie the InfoSoc Directive.In his Opinion [here] in VOB, C-174/15 (an e-lending case) Advocate General (AG) Szpunar held the… [read post]
17 May 2017, 3:01 am
 While the CJEU confirmed the general principle of UsedSoft in its more recent (2016) decision in Microsoft, C-166/15 [here], it remains unclear whether and to what extent this conclusion can be extended to works other than computer programs and that fall under the scope of the general EU copyright directive, ie the InfoSoc Directive.In his Opinion [here] in VOB, C-174/15 (an e-lending case) Advocate General (AG) Szpunar held the… [read post]
11 May 2017, 5:35 am
 The AG OpinionIn his Opinion this morning, AG Szpunar advised the CJEU to rule that the Uber electronic platform - whilst innovative and akin to a composite service - falls within the field of transport. [read post]
1 May 2017, 5:00 am by Mike Madison
Louis University School of Law invited me to deliver the 2017 Vincent C. [read post]
27 Apr 2017, 2:40 am
Yesterday this blog reported that the Court of Justice of the European Union (CJEU) has issued yet another long-awaited judgment, this being the decision in Filmspeler, C-527/15.At the time of writing, the text of the ruling was not yet available. [read post]
3 Apr 2017, 7:14 am by Rebecca Tushnet
’ ”  Unlike a case in which the impact of the phrase “The Better Vitamin C”—akin to puffery—couldn’t be disentangled from other non-misleading representations on the label, flushability was sufficiently distinctive that it could be isolated from other label claims.The common questions:(1) What do defendants’ “flushable” representations mean to a reasonable consumer? [read post]
29 Mar 2017, 7:30 am by Joy Waltemath
In the present case, the parties agreed that the OFCCP’s request for information is akin to an administrative subpoena. [read post]
22 Mar 2017, 4:58 am by Rebecca Tushnet
         an easel display with integral order forms;c. [read post]
19 Mar 2017, 2:38 pm by familoo
The court advocate (C) appointed ‘represents the interests’ of B, but – according to s 31V(7) (as with YJCEA 1999 s 38(5)) – C ‘is not responsible to’ B. [read post]
17 Mar 2017, 10:12 am by Jordan Brunner
It is akin to me saying -- giving the do no drink order to an airman when they are already under 21 years old. [read post]
17 Feb 2017, 11:51 am by Mark Ashton
The Court notes that from the record it appeared that the advocate acted at times as legal counsel and, at other times more akin to guardian ad litem. [read post]