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8 Jan 2016, 7:48 am
  This is assuming that the mark’s distinctiveness is a live issue, and bearing in mind that the court’s consideration of this issue might depend on the particular s 3(1)/7(1) subsection it deems to be enlivened.In Société Des Produits Nestlé SA v Cadbury UK Ltd [2014] EWHC 16 (Ch) at [40]-[45],Arnold J outlined the general principles involved in assessing distinctiveness, stressing the broad nature of this inquiry. [read post]
8 Jan 2016, 3:54 am by SHG
President Obama’s bizarre reference to his having taught constitutional law, followed by his misstatement of Oliver Wendell Holmes’ abandoned analogy of “yelling fire in a crowed theater” from United States v. [read post]
7 Jan 2016, 4:09 am by SHG
It stems from a Supreme Court decision from 1989, DeShaney v. [read post]
6 Jan 2016, 8:25 am by James Kraska
The use of force in self-defense, however, may not be invoked by the coastal state to compel compliance since the undersea incursion lacks the “gravity” or “effect” of a conventional armed attack, as set forth in the U.S. v. [read post]
4 Jan 2016, 4:08 pm by Kevin LaCroix
Other states may choose to take a different approach. [read post]
4 Jan 2016, 3:54 am by Matthew L.M. Fletcher
Here is the opinion in Arrow Midstream Holdings LLC v. 3 Bears Construction. [read post]
28 Dec 2015, 3:22 pm by Giles Peaker
These were settled by consent order, which provided that each party would bear their own costs. [read post]