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11 Nov 2019, 1:26 am
As Hill J in Aldi Stores Ltd Partnership v Frito-Lay Trading Co GmbH [2001] FCA 1874, [30] stated: In most, if not all cases, the question whether there has been use as a trade mark will be determined by an objective examination of the use in the context in which it appears.His Honour, in considering whether consumers would perceive the name Delphine as a badge of origin, stated: … the context or setting in which consumers viewed the EDMs [electronic direct mail]… [read post]
4 Oct 2023, 12:46 pm by Brett Natarelli
On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. [read post]
14 Oct 2008, 2:13 am
  As detailed here at SCOTUSblog, Tuesday afternoon the Supreme Court will hear argument in Oregon v. [read post]
4 Mar 2013, 5:57 am by Marissa Miller
  The decision is consistent with a long line of cases that have insisted on evidence of injury before a suit can go forward, particularly when the suit implicates national security concerns. [read post]
25 Jun 2012, 1:40 pm by Ellen Marrus
The United States Supreme Court today continued with its line of cases favoring children in the decisions of Miller v. [read post]
5 Nov 2009, 3:16 pm by Mike
 Blurring the line between church and state has not turned the United States into a theocracy. [read post]
14 Jun 2007, 8:03 am
In the course of its opinion, the Court overruled two of its precedents that had embraced an exception to avoid hardship in relying upon orders of a judge -- Harris Truck Lines v. [read post]
22 Sep 2009, 11:16 am
Governor has the power to appoint an individual to fill the vacancy in office of Lieutenant-Governor Skelos v Paterson, 2009 NY Slip Op 06585, Decided on September 22, 2009, Court of AppealsThe issue before the Court of Appeals: Does the Governor of the State of New York have the authority to fill a vacancy in the office of Lieutenant-Governor by appointment. [read post]
17 Jan 2008, 5:47 am
The Supreme Court's decision yesterday in New York State Board of Elections v. [read post]
20 Jun 2019, 3:06 pm by Harvey Weiner
Harvey Weiner is National Judge Advocate of the Jewish War Veterans of the United States Inc., which submitted an amicus brief in support of the challengers in The American Legion v. [read post]
7 Jun 2010, 6:11 am
"On Friday, the WSJ sent a letter to the Times stating that it had "never intended to run the ad for long" and that "our lawyers tell us that we were within our rights to use the tag line to compare our two offerings. [read post]