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23 Feb 2021, 8:52 am by Tobias Lutzi
Unlike the Court of Appeal of Kraków in the 2016 case, the Court of Appeal of Warsaw had doubts as to its international jurisdiction based on Article 7(2) Brussels Ia. [read post]
18 Nov 2019, 1:43 pm by Rebecca Tushnet
  It may well be that a different image would have been just as good as the infringed image, but the fact of the matter is that the infringing image was the one used. [read post]
9 Sep 2014, 10:53 am
In Matter of W-G-R- and Matter of M-E-V-G-, The Board held that an applicant seeking asylum based on his or her membership in a “particular social group” must establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question. [read post]
10 Feb 2017, 12:07 pm by Rebecca Tushnet
No consensus on applying IP principles to those two categories.Why does this matter? [read post]
10 Oct 2016, 11:20 am
      The Supreme Court also explained that[w]e review findings made in lawyer discipline cases under a clearly erroneous standard. [read post]
22 Apr 2015, 4:54 am by William Sinclair
” However, while the current version of Rule 8-503 requires the appellant to file its brief “[w]ithin 40 days after the clerk sends notice of the filing of the record,” the tweak to Rule 8-412(c) would make that deadline sometime after 40 days: “Unless otherwise ordered by the appellate court, the date by which the appellant’s brief must be filed shall be no earlier than 40 days after the date the Clerk sends the notice” (emphasis added). [read post]
22 Apr 2015, 4:54 am by William Sinclair
” However, while the current version of Rule 8-503 requires the appellant to file its brief “[w]ithin 40 days after the clerk sends notice of the filing of the record,” the tweak to Rule 8-412(c) would make that deadline sometime after 40 days: “Unless otherwise ordered by the appellate court, the date by which the appellant’s brief must be filed shall be no earlier than 40 days after the date the Clerk sends the notice” (emphasis added). [read post]
2 Feb 2024, 11:08 am by Rebecca Tushnet
But it’s narrow protection b/c there are no choices. [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
If it’s b/c they go too close to other areas like patent, then alternatives might matter. [read post]
16 Feb 2018, 12:00 pm by Rebecca Tushnet
  Thingness of property matters b/c by defining a thing and marking it w/rough exclusion signals we create relatively clear signals about what you can and can’t do with it. [read post]
10 Oct 2014, 12:51 pm by Rebecca Tushnet
  Less productive even than confusion b/c of diversity of interpretations. [read post]