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6 Jun 2014, 12:55 am
However, the Court continued, Article 5(3) constitutes exception to the general rule according to which a plaintiff shall sue a defendant in the place where the latter is domiciled. [read post]
21 Jul 2013, 8:19 pm
(Does the former combat the latter somehow?) [read post]
12 Nov 2012, 12:03 am
What is especially tragic is that the pastoral needs of those who wish to "remain Episcopal" are being subordinated to her future litigation agenda, while the latter has practically zero chance of success. [read post]
20 Sep 2022, 1:30 am
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]
Rome Court of First instances confirms once again that takedown requests do not need to include URLs
18 Jul 2016, 6:56 am
The case is: Tribunale di Roma, Reti Televisive Italiane spa v Megavideo Ltd, decision 14279/2016, published 15/07/2016.BackgroundIn a decision published last Friday and made available and commented on very useful Italian IP resource Marchi&Brevetti, the Rome Court of First Instance put the word 'end' [at least for the time being] to yet another set of proceedings brought by RTI - Reti Televisive Italiane (owned by broadcasting company Mediaset) against a… [read post]
22 Dec 2021, 2:36 am
More importantly, however, of the latter 73 countries, 25 were only party to the UCC and not to the Berne Convention. [read post]
22 Jan 2015, 4:35 am
The AG criticised the approach taken in Pinckney in his Opinion in Coty, in which he said that the CJEU approach would result in "a multiplication of courts" [para 61].Besides the question whether the CJEU got it right in Pinckney, what would happen in the case of allegedly infringing content merely available without being also on sale (the latter was the case in Pinckney) on a website? [read post]
14 Mar 2014, 12:03 am
The former was sold to Growthpoint in 2003, and the latter to the PIC in 2007.In a free market, one can argue that these individuals have found a way to turn a big profit, and they are not doing anything illegal. [read post]
30 Nov 2012, 2:02 pm
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]
25 Jan 2017, 12:38 pm
If the latter, they — and we all — have a constitutional crisis the likes of which we have never seen. [read post]
30 Mar 2018, 11:26 am
Trump ultimately chose the latter. [read post]
25 Jan 2024, 4:16 am
"The query from the Tribunal Supremo was whether Article 6(1)(c) of the First EU Directive 89/104 had to be interpreted as implicitly including the more general conduct now referred to in the underlined section of Article 14(1)(c) of the 2015 TM Directive, or whether the intention had been to purposefully expand the scope of the defence in the latter Directive.The Court's rulingHaving held the reference to be admissible, the Court began by explaining that, according to… [read post]
12 Jun 2019, 6:30 am
He posits that the latter (presidential leadership) in some way causes the former (the succession of constitutional regimes). [read post]
30 Jan 2014, 1:18 am
Noting the 'chilling effect' of the latter, the WGAW warn that the current legislation stifles innovation as people may be hesitant to start innovating businesses, fearing that copyright holders may come after them. [read post]
27 Oct 2016, 4:41 am
Yet, the CJEU in GS Media said that such considerations MUST be undertaken.Thirdly, it is unclear both (1) whether the claimant approached the defendant to notify it of the unlicensed nature of the YouTube video and (2) whether the claimant asked YouTube to take down the video in the first place.The latter point leads to a final question. [read post]
2 May 2024, 10:39 am
AMP and NSJP are the latter. [read post]
6 Oct 2016, 8:12 am
In simple terms the former is comprised mostly of the pharmaceutical industry, whereas the latter pulls in its partners such as Internet platforms (Facebook, Google, Microsoft and Yahoo!) [read post]
3 Jun 2013, 11:45 am
The rest of the opinion deals with the latter part. [read post]
1 Aug 2015, 1:04 pm
I think the answer is the latter. [read post]
26 Sep 2017, 1:09 am
Should there be enough evidence to potentially prove exhaustion; the original proprietor has to prove that they have no agreement in place, or collaboration, with the importer on unitary control, which exhausts their rights.In short, the AG set out his opinion on the questions asked: "… Article 36 TFEU and Article 7(1) of [the] Directive… preclude the licensee of the proprietor of a national trade mark from invoking the exclusive rights enjoyed by the latter under the law… [read post]
