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23 Sep 2023, 3:43 am by Alessandro Cerri
It is also questionable whether the Court was correct in stating that consumer perception will only be relevant in certain circumstances, when the CJEU stated at least twice in Louboutin (at least in the English translation – see paras 43 and 48) that it was ‘necessary’, in order to determine whether a marketplace operator makes ‘use’ of a sign, to assess consumer perception. [read post]
21 Sep 2023, 10:21 am by Rebecca Tushnet
” (internal quotation marks and brackets omitted) (quoting Jessani v. [read post]
20 Sep 2023, 5:29 am by Andrew Lavoott Bluestone
However, under CPLR § 3211 (a) (1) “dismissal is warranted only if the documentary evidence submitted utterly refutes plaintiff’s factual allegations” (Amsterdam Hospitality Group, LLC v MarshallAlan Assoc., Inc., 120 AD3d 431, 433 [1 st Sept 2014] [internal quotation marks and citation omitted]). [read post]
20 Sep 2023, 4:00 am by Judith Gaskell
That provision was also challenged in Heart of Atlanta Motel, Inc. v. [read post]
19 Sep 2023, 4:03 am
Ltd., Serial No. 79277754 (September 11, 2023) [not precedential] (Opinion by Judge Thomas V. [read post]
15 Sep 2023, 6:08 am by Andrew Lavoott Bluestone
” Wells Fargo Bank, N.A, v Osias, supra at 981 (internal quotation marks omitted). [read post]
13 Sep 2023, 11:46 am by LII Team
Elenis, Students for Fair Admissions Inc. v. [read post]