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7 Oct 2010, 3:55 am
The court's ruling was prompted by a reference for a preliminary ruling from the Cour d'appel de Nancy, France and arose from a dispute between two businesses, each of which claimed an entitlement to the word Céline: the claimant, which had a registered trade mark CELINE, sought to prevent the defendant appropriating Céline as a company name and shop name. [read post]
19 May 2022, 2:16 pm by Eugene Volokh
We therefore find that defendant's negative website reviews of plaintiffs' services constitute a matter of "public interest" as set forth in Civil Rights Law § 76-a(1)(d)…. [read post]
21 Jul 2019, 12:06 pm by Julia Qin
The solution then may lie in Section 15(b) of China’s Accession Protocol, which provides: “In proceedings under Parts II, III and V of the SCM Agreement, when addressing subsidies described in Articles 14(a), 14(b) 14(c) and 14(d), relevant provisions of the SCM Agreement shall apply; however, if there are special difficulties in that application, the importing WTO Member may then use methodologies for identifying and measuring the subsidy benefit which take… [read post]
4 Nov 2022, 1:36 am by Roel van Woudenberg
The board issued a communication under Article 15(1) RPBA 2020 including its negative preliminary opinion concerning added subject-matter (Article 123(2) EPC) and support by the description (Article 84 EPC).III. [read post]
12 Dec 2010, 12:25 pm by Veronika Gaertner
We are grateful to Professor Burkhard Hess (Heidelberg) for the following remarks on the German preliminary reference in case C- 491/10 PPU (Andrea Aguirre Pelz): Mutual Recognition and Fundamental Rights Case C-491/10PPU – Andrea Aguirre Pelz An important preliminary reference has recently reached the ECJ’s dockets: In the case C-491/10PPU the Higher Regional Court of Celle referred to Luxemburg the following questions: Where the judgment to be… [read post]
2 Nov 2023, 11:30 pm by Fabian Barth
By looking at two specific cases, namely C-238/22 LATAM and C-180/22 Mensing II, it can be illustrated how this might sometimes lead to unforeseeable results, and potentially irrational distinctions. [read post]
11 Jun 2008, 5:35 pm
Marathon Pipe Line Co. (1982), Congress cannot assign to an Article I court jurisdiction over matters that are "inherently ... judicial. [read post]
5 Oct 2015, 11:22 am by Lauren Vodopia
In Fawzy, the parties agreed to resolve all matters pertaining to their divorce proceeding through binding arbitration. [read post]
27 Apr 2022, 5:52 am by Rebecca Tushnet
Thus, they’d “be upheld unless the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits. [read post]
23 Dec 2021, 1:38 am by Roel van Woudenberg
As per Rule 42(1)(c) EPC (Rule 27(1)(d) EPC 1973 and Rule 27(1)(c) EPC 1973, before and as of 1 June 1991, respectively) the description shall disclose the invention, as claimed, in such terms that the technical problem, even if not expressly stated as such, and its solution can be understood, and state any advantageous effects of the invention with reference to the background art. [read post]
23 May 2022, 5:13 am by Rose Hughes
The Examiner Division had stipulated that such redundant subject matter should be removed in view of Rule 42(1)(c) EPC and/or Rule 48(1)(c) EPC. [read post]