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14 Jul 2023, 9:04 am by Dennis Crouch
The transition from first-to-invent to first-to-file has involved a number of quirks, the latest is found in SNIPR Technologies Ltd. v. [read post]
29 Sep 2018, 7:56 am by Eric Goldman
In response, Handshoe has not come forth with competent summary judgment evidence that calls into question Leary’s good faith belief. [read post]
7 Mar 2017, 2:39 am
It is therefore rare in Singapore for a trade mark proprietor to succeed in preventing the parallel import of goods, but that is exactly what happened in the recent decision of Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd [2016] SGHC 18.The main obstacle faced by trade mark proprietors, when attempting to enforce their rights against parallel importers, is exhaustion of rights. [read post]
8 May 2021, 5:08 am by Eleonora Rosati
Specifically, the court considered that use of the mark in third-party ads displayed on Amazon’s marketplace relating to counterfeit goods and the subsequent shipment of such items by Amazon through its own FBA programme constituted direct infringement by the platform itself.The decision was partly reversed on appeal last year (Court of Appeal of Brussels (9th Chamber), Amazon Europe Core sàrl, Amazon EU sàrl and Amazon Services Europe sàrl v Mr. [read post]
3 Dec 2019, 1:30 am
The level of attention of the relevant consumer may vary according to the category of goods or services in question and the average consumer only rarely has the chance to make a direct comparison between the marks but must place his trust in the imperfect picture of them that he has kept in his mind (T-186/02, BMI Bertollo v OHMI).By taking into account the identity of the goods, the average degree of visual similarity and the conceptual identity between the signs, the… [read post]
3 Mar 2010, 2:42 am by sally
It did not infringe his right to a fair hearing before the decision-maker under art 6 of the European Convention on Human Rights and Fundamental Freedoms, since he had no arguable right under domestic law to continue to be educated at the school without good reason, and thus had no ‘civil right’ to do so. [read post]
26 Feb 2020, 3:53 am by SHG
The basis for the complaint in this case was Bivens v. [read post]
13 Sep 2012, 3:00 am by Ted Folkman
Argentina has a good argument: as we saw in Rubin v. [read post]
23 Jan 2011, 7:05 pm by Jessie Hill
The blogosphere is not exactly abuzz in the wake of the Supreme Court's unanimous decision last week in NASA v. [read post]