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24 Mar 2014, 7:26 am
The record does not clearly indicate how McDonald gained access to the joint Yahoo account. [read post]
21 Mar 2014, 3:17 am
Secondly, it had not been alleged against either defendant that, by granting the licence to Ultimate, Henleys was guilty of passing off. [read post]
20 Mar 2014, 12:28 pm by emagraken
Similarly, the fact that her examination for discovery only took place shortly before the trial does not appear to have been through any fault of the defendant. [32]         Having said this I do accept that receiving two different offers, which replaced an earlier offer, in close succession and without any explanation, late on the Friday before the week in which the trial started, had the prospect to confuse and be… [read post]
19 Mar 2014, 11:24 am
The Supreme Court in Grokster provided three factors for that could be used to determine whether a company should be held liable for the inducement or facilitation of copyright infringement by virtue of its business model: (i) whether the defendant communicated to users that their service could be used for infringing purposes; (ii) the absence of absence of filtering technology; and (iii) their advertising-revenue model. [read post]
16 Mar 2014, 4:34 pm by Jack Pringle
” As such, the Code of Ethics does not provide “the proper legal standard for evaluating a claim of “evident partiality. [read post]
16 Mar 2014, 4:34 pm by Jack Pringle
” As such, the Code of Ethics does not provide “the proper legal standard for evaluating a claim of “evident partiality. [read post]
15 Mar 2014, 8:58 am by Veronika Gaertner
The second part of the decision, that is concerning Art. 6(1), clarifies that a “close connection” between the claims exists if the defendant’s pleas have to be determined on a uniform basis and that the provision does not apply to defendants domiciled outside of the EU. [read post]
14 Mar 2014, 2:57 pm
  The court outlined one more relevant standard before addressing the substance of Belleville’s argument on appeal: Whether a defendant acted recklessly does not depend upon the actual harm resulting from [read post]