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4 Feb 2011, 7:48 am by Adam Baker
Turning to the second question Binnie J reviewed what was then the leading Canadian case on fundamental breach: Hunter Engineering Co. v Syncrude Canada Ltd. [1989] 1 SCR 426. [read post]
11 Nov 2019, 5:16 am
In addition to the normal factors to consider when determining if there was likelihood of confusion (global appreciation, assessment through the eyes of the reasonably well informed and circumspect average consumer, etc.), Hacon J drew particular attention to Maier v ASOS plc [2015] EWCA Civ 220 (see IPKat analysis here). [read post]
21 Sep 2021, 4:00 am by Michael Woods and Gordon LaFortune
The U.S. appointed Julie Bédard and Canada named Mark C. [read post]
15 Mar 2018, 6:13 am by CMS
Clarke LJ gave three key reasons in support of his conclusion: The structure of the Policy expressly stated that the insured perils were subject always to the exclusions. [read post]
4 Apr 2017, 12:36 pm by John Rubin
The United States Supreme Court held long ago, in the 1902 case of Minder v. [read post]
9 Apr 2015, 11:10 am by Stephen Bilkis
Appellate Division of the Supreme Court of the State of New York, Second Department. [read post]
6 Mar 2017, 6:49 am
And the saga will continue – Arnold J’s judgment is under appeal [EDIT: decision expected by April 2017], and the decision by the General Court will most likely end up with the ECJ, given the stakes.To recap briefly – and I emphasize briefly – after the referreal to the ECJ which had answered the questions posed by Arnold J somewhat cryptically, Arnold J found that the shape of the KitKat bar was not barred from registration by   by… [read post]