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10 Jun 2024, 5:33 am by Nedim Malovic
According to case law, applicants typically face difficulties in demonstrating the inherent distinctiveness of non-conventional trade marks and this is testified by the fact that most cases pertaining to non-conventional trade marks, spanning from 2021 to 2024, deal with the issue of inherent distinctiveness.The significant departure test for distinctivenessFor a trade mark to possess distinctive character, it must serve to identify the goods in respect of which registration is applied for as… [read post]
10 Jun 2024, 2:08 am by Etienne Farnoux
scrutinizes the recent decision of the Tribunal judiciaire de Paris regarding the interim measures requested in the Total-Ouganda case under French law on corporate duty of care – “loi sur le devoir de vigilance” (TJ Paris, référé, 28 févr. 2023). [read post]
9 Jun 2024, 9:40 am by Giles Peaker
The review decision in part stated I refer to R v Oxford CC ex p Doyle (1997) concluding that a Child Arrangement Order does not mean the Children are reasonably expected to live with both parents. [read post]
9 Jun 2024, 4:00 am by SOQUIJ
R., 2024 QCCA 645Juridiction : Cour d’appel (C.A.), QuébecDécision de : Juges Stephen W. [read post]
8 Jun 2024, 11:21 pm by Frank Cranmer
” This, of course, comes in the wake of the decision in R (on the Application of TTT) v Michaela School [2024] EWHC 843 (Admin), on which we published a critical guest post by Russell Sandberg, here. [read post]
8 Jun 2024, 8:33 am by familoo
‘Now is the time to reassess presumption of parental involvement’, writes Lea Levine in the April issue of the journal[1]. [read post]
7 Jun 2024, 6:12 am by Keith Mallinson
As stated by the judges’ decisions in Unwired Planet v Huawei and TCL v Ericsson, respectively: “Based on my assessment of both experts, I am sure the disagreement represents cases in which reasonable people can differ. [read post]
7 Jun 2024, 5:11 am by Michael Oykhman
Examples of acts which have, in the past, met the actus reus standard for a section 86 offence include: Storing a firearm in a glovebox (see: R v Patrick, 2007 CanLII 7579 (ONSC)) Storing a firearm in a dresser (see: R v McDonald, 2016 BCSC 1648 (CanLII)) Storing a firearm by a furnace (see: R v Roussel, 2014 ABQB 202 (CanLII)) The Guilty Mind (Mens Rea) The mens rea or the guilty mind speaks to the accused’s degree of intent during the… [read post]
7 Jun 2024, 4:20 am by Jonathan Santman (Brinkhof)
The court dismisses this request because it regards R. 158 RoP only applicable in main proceedings. [read post]