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14 Jan 2018, 11:32 pm
Under the new regime, those who want to register a smell will only need to represent it ‘in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor’ (art 3(b)). [read post]
9 Apr 2015, 5:49 am
Code makes it a crime, among other things, tobring[] into the United States . . . or knowingly use[] any express company or other common carrier or interactive computer service (as defined in section 230(e)(2) (! [read post]
2 Mar 2011, 10:59 pm by Isabel McArdle
Germany (2005) 43 EHRR 96, at [74]; (b) the “additional subjective element [that] they have not validly consented to the confinement in question”: the Storck case, also at [74]; and (c) the confinement must be “imputable to the State”: the Storck case, at [89]. [read post]
17 Jul 2017, 6:46 am by Graham Smith
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (28 June 2017). [read post]
17 Jul 2017, 6:46 am by Graham Smith
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (28 June 2017). [read post]
21 Aug 2011, 9:32 pm
(picture, left - an Omega watch subject to the Costco dispute) The AmeriKat would like to thank C E Petit for bringing this decision to the Kat's attention. [read post]
14 Oct 2021, 1:40 pm by Mills & Mills LLP
The “confusion test” – Sections 12(1)(d) and 16(3)(a) and (b) Section 12(1)(d) states that a mark is registrable if it is not confusing with a registered trademark; sections 16(3)(a) and (b) very similarly provided that a mark must not be confusing with a trademark that had previously been know or applied for. [read post]
14 Mar 2007, 6:56 am
When reviewing 12(b)(6) motions, the Court accepts the facts as stated in the complaint as true and view them in the light most favorable to the plaintiff. [read post]