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23 Dec 2019, 1:19 pm
According to the court, the latter in particular served to dispel any idea that the pose of the children would be spontaneous: rather, they had been directed by the photographer to assume a certain pose and expression. [read post]
16 May 2013, 3:02 pm
And on further examination, that latter reference is to a comment left by David Cheifetz, not in fact the blog post itself, which is by Simon Fodden. [read post]
10 Nov 2018, 1:18 pm by Ilya Somin
Too many people are inclined to dismiss critiques of the latter on the grounds that it is still far preferable to dictatorship. [read post]
25 Jun 2013, 6:52 am
The phenomenon consists in an agreement between the alleged infringer and a patentee, under which the former agrees not to produce the patented items, and the latter pays a (usually large) sum of money. [read post]
11 Sep 2019, 11:33 am by Daniel Shaviro
Recall the hypothetical in which, if both the plutocrat and the peasant are earning $5 per year from a given financial instrument, we plausibly assume that the former has a $100 bond (based on a 5% assumed rate of return), while the latter has a $125 bond (based on a 4% assumed return). [read post]
2 Dec 2012, 7:35 am
  Along the lines of an argument that I made on Monday, that latter possibility is most consistent with the idea that wealthy people's utility functions include a variable that we might called "Obama Hatred. [read post]
28 Jun 2017, 3:35 am by Florian Mueller
In the FTC case here, the presently-Acting Chair of the FTC, Maureen Ohlhausen, opposed the decision authorizing the complaint, and might have been the first decision-maker to argue that the case should be dropped or settled (the latter without any useful remedies) due to litigation economics. [read post]
30 Mar 2020, 12:01 pm by Rebecca Tushnet
Jul. 16, 2019)Al Haj alleged that Pfizer deceived consumers by charging more for “Maximum Strength” Robitussin cough syrup than for “Regular Strength” Robitussin even though the former had a lower concentration of active ingredients than the latter. [read post]
2 Jun 2024, 10:14 am by Eleonora Rosati
To justify this, the Grand Board inter alia referred to Article 2 TEU and the founding values of the EU and its Member States, including the need to respect the rights of minorities.The latter point leads me to another, loosely related consideration. [read post]
9 Nov 2016, 1:44 pm by Ilya Somin
Even if the latter scenario is true, Trump might still act on some of these ideas nonetheless. [read post]
7 Apr 2013, 1:25 pm
This attempts to define the acts themselves which are not to be considered patent infringement, as you can see by looking at the wording of Article 10 of the latter Directive as amended. [read post]
20 Jul 2023, 12:50 am by Eleonora Rosati
Hence, the director of a cinematographic work is entitled to receive fair compensation because of Article 1(5) of the Sat-Cab I Directive.This approach was (correctly) followed in the subsequent judgment in Reprobel, in which the CJEU held that a national law cannot (could not: read on) reserve ab initio (that is, irrespective of any copyright assignment to them on the side of authors) part of the compensation due to authors to publishers, as the latter are not reproduction… [read post]
29 Jul 2015, 2:31 am
In fact how can the latter be enforced if not on copyright grounds and by means of relevant takedown requests to be submitted to the likes of Google, Facebook, Twitter, etc? [read post]
9 Nov 2021, 12:39 am by Neil Wilkof
In this latter judgement, the CJEU had found that--: '…in examining the distinctive character […] all relevant facts and circumstances must be taken into account, including all the likely types of use the mark applied for. [read post]
20 Sep 2022, 1:30 am by Jani Ihalainen
The latter part of the description left a lot of leeway in the application of the color, so long as it was the "predominant colour" being applied to the packaging. [read post]
12 Nov 2018, 12:07 pm by Daniel Shaviro
" I was more in the former camp, though decently appreciative of the latter. [read post]
18 May 2020, 4:45 am by Esha Bhandari
In the latter system, only contagious workers are prevented from going to work and only for the period of time in which they are contagious. [read post]
8 Sep 2018, 3:39 am
With regard to the latter, readers may for instance recall the interesting decision in the Olivia de Havilland case [reported here]. [read post]
14 Nov 2023, 1:40 pm by Kevin Bercimuelle-Chamot
In the first case, that pronunciation is similar to the contested mark, with the difference that the latter begins with an m, producing a different sound. [read post]
9 Feb 2019, 1:20 am
 CommentThis decision is a useful reminder of how, on the one hand, undertaking the assessment of similarities between signs is not an easy exercise and, on the other hand, one should really avoid applying automatically criteria and principles established in case law and office practice.From reading the judgment, the latter seems to be the main message of the GC: the criteria and principles established to assess similarities should not be intended as a checklist of points to… [read post]