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21 Dec 2023, 9:00 am
It did so largely on the basis of its interpretation of Article 9(1) of Directive 89/104, the key wording of which is "has acquiesced, for a period of five successive years, in the use of a later trade mark registered in that Member State while being aware of such use". [read post]
19 Dec 2023, 12:55 pm
Applying the law of the place of manufacture “would produce the unsatisfactory result of different products on the same shelf” being governed by different liability regimes (at [77], referring to McGougan v DePuy International Ltd [2018] NZCA 91, [2018] 2 NZLR 916 at [59]). [read post]
18 Dec 2023, 2:48 pm
The SEC’s complaint also alleges that Kraken lacks sufficient internal controls and recordkeeping practices, and that Kraken commingles customer money and crypto assets with its own, presenting serious risks for its customers. [read post]
14 Dec 2023, 10:00 pm
November: In Tanzania, the decision in Godrej Consumer Products Ltd versus Target International (T) Ltd [2023] TZHCComD 365, brought a crucial reminder of the perilous consequences that established companies are likely to face when neglecting or disregarding the registration of trademarks. [read post]
13 Dec 2023, 8:49 am
In Wrench Ltd. [read post]
11 Dec 2023, 10:34 pm
Indo European Foods Ltd (‘Indo’) filed an opposition on the basis of Art. 8(4) EUTMR relying on a non-registered UK trade mark ‘BASMATI’ for ‘rice’. [read post]
11 Dec 2023, 9:05 pm
Magnetar Global Event Driven Master Fund, Ltd., et al., and Verition Partners Master Fund, Ltd., et al. v. [read post]
11 Dec 2023, 1:52 am
On 8 December 2023, judgment was handed down in The Duke of Sussex v Associated Newspapers Ltd [2023] EWHC 3120 (KB). [read post]
6 Dec 2023, 12:55 am
The territorial scope of ACL s 23 The first proposition turned on resolution of difficult issues of private international law, or the conflict of laws. [read post]
4 Dec 2023, 4:25 pm
The case is inherently international. [read post]
4 Dec 2023, 7:41 am
This section formed the basis of what would subsequently become the LA 1980, s 32. [read post]
3 Dec 2023, 11:37 pm
[Nkwe Platinum Limited v Genorah Resources (Pty) Ltd and Others, ZAGPPHC case no 30712/2023] [read post]
2 Dec 2023, 9:23 am
The basic TPLF contract entails the funder agreeing to bear the costs of litigation on a non-recourse basis in exchange for a share of the proceeds of the claim. [read post]
30 Nov 2023, 7:38 am
The Judge noted that the basic requirements before a Norwich Pharmacal order could be made were that: (1) a wrong had been carried out, or arguably carried out, by an ultimate wrongdoer; (2) an order was needed to enable action to be brought against the ultimate wrongdoer; and (3) the person against whom the order was sought was (a) mixed up in, so as to have facilitated, the wrongdoing; and (b) able or likely to be able to provide the information necessary to enable the ultimate… [read post]
27 Nov 2023, 4:25 am
She disagrees with the majority on the basis that, in her view, none of the statutory provisions beyond the CCQ give the FMAT jurisdiction over the British Columbia resident defendants [para 156ff]. [read post]
27 Nov 2023, 2:15 am
He rejected a submission that the Claimants should pay those costs on the indemnity basis. [read post]
23 Nov 2023, 1:42 am
I) Introduction The science of biochemicals and the realm of Section 3(d) of Indian Patents Act! [read post]
20 Nov 2023, 2:36 am
On 15 November 2023, there was a hearing in the injunction claim in Orb X International Ltd v Emery KB-2023-004114. [read post]
18 Nov 2023, 10:05 am
Legal basis for the imposition of countervailing (CVD) duties and similarities with anti-dumping proceedings as regards material injury The legal basis is the Council Regulation 2016/1037 on protection against subsidized imports from countries not members of the EU. [read post]
18 Nov 2023, 10:05 am
Legal basis for the imposition of countervailing (CVD) duties and similarities with anti-dumping proceedings as regards material injury The legal basis is the Council Regulation 2016/1037 on protection against subsidized imports from countries not members of the EU. [read post]
