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30 Jul 2015, 9:56 am by Thaddeus Mason Pope, J.D., Ph.D.
§ 377.32(c) [person seeking to commence an action as successor in interest to a decedent must file a declaration attaching a "certified copy of the decedent's death certificate. [read post]
19 May 2014, 9:00 am
In fact, as the CJEU stated in Case C-393/09 BSA [here and here], "copyright within the meaning of Directive 2001/29 [iethe InfoSoc Directive] is liable to apply only in relation to a subject-matter which is original in the sense that it is its author’s own intellectual creation". [read post]
1 Dec 2021, 5:00 am
He also conducts mediations of civil litigation matters through Cummins Mediation Services. [read post]
11 Sep 2014, 3:48 pm by Jeremy
It is paramount to understand the case and the Advocate General's conclusions by taking into account that, when the propriety of a work's material support is transferred, the right of distribution is exhausted, while exhaustion of the copyright in a work (the subject-matter of which is the artistic creation) is a different matter. [read post]
4 Feb 2015, 5:22 am by Jeff Gamso
 Hell, even the Physical Facts Rule rests on the shaky premise that facts matter. [read post]
26 Feb 2023, 2:47 am by Anastasiia Kyrylenko
To reach this conclusion, the BoA applied the ruling in C-472/21, delivered just one day prior. [read post]
7 Jun 2014, 3:15 pm by Gritsforbreakfast
Jones views the matter through a purely partisan lens, concluding: In Texas, the legalization of the sale and consumption of marijuana would require the passage of a law. [read post]
19 Nov 2018, 7:16 am
 (C-41/14, para 14)In short, it does not matter who pays the re-sale right royalty, so long as it is paid. [read post]
4 Aug 2023, 11:03 am by Eleonora Rosati
If a mark already had some reputation and, due to renewed efforts, is gaining more and more reputation in the interim, it would be contrary to the logic of the Levi Strauss / Casucci case that the proprietor cannot profit from that increased reputation.It is interesting to take into account the EUIPO Guidelines on this matter. [read post]
10 Jun 2016, 9:16 am by Rebecca Tushnet
We assume that, if people say, “I think they make it b/c of that word,” there’s secondary meaning and move on. [read post]
18 Apr 2013, 9:41 am
This being so, it doesn't matter whether the sign is used as part of a registered trade mark or in conjunction with the registered trade mark: all that matters that, as a consequence of that use, the sign in question serves to identify, in the minds of the relevant class of persons, the goods to which it relates as originating from a particular undertaking. [read post]
7 Jun 2015, 6:10 pm
(c)   He knew the date of Eleanor’s death, as Lorne had called him and Cody on that date. [read post]
21 Dec 2013, 4:03 am by David Fraser
In what can only be called a stunning decision (IN THE MATTER OF an application by [xxxxx xxxxxx ] for a warrant pursuant to Sections 12 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. [read post]
27 Aug 2019, 2:03 am by Courtenay C. Brinckerhoff
The majority opinion concludes:  While as a general matter written description may not be satisfied by so-called equivalent disclosure, in this case, buttressed by the district court’s fact-finding, and where the so-called equivalence relates only to resultant dissolution parameters rather than operative claim steps, we affirm the district court’s conclusion. [read post]