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8 Jun 2024, 6:39 am by Eric Goldman
This case is a good cautionary tale of how a descriptive trademark can be turned into an unduly powerful weapon that ultimately hurts consumers. [read post]
22 Jul 2019, 11:41 am by Eric Goldman
Thus, Section 230 once again immunized claims for breach of contract and the implied covenant of good faith. [read post]
3 Jun 2019, 3:25 pm by Andrew Hudson
There will also be consequences for the manner in which the Interpretive Rules and chapter notes are applied to classification of goods. [read post]
19 Dec 2007, 10:28 am
In a 3-2 decision, the Utah Supreme Court has held a liability waiver unenforceable, and permitted a skier to sue a resort for his injuries in a skiing accident, notwithstanding his agreement to the contrary by disingenuously expanding a state assumption-of-the-risk statute for ski resorts to forbid any contractual modification of liability. [read post]
27 Jun 2014, 5:17 am by VALL Blog Master
by Paul Hellyer Earlier this month, the Second Circuit decided Authors Guild v. [read post]
25 Sep 2023, 2:00 pm by Nedim Malovic
While the CJEU’s case law (Ferrari SpA v DU (C-720/18) EU:C:2020:854 and Ansul BV v Ajax Brandbeveiliging BV (C-40/01) EU:C: 2003:145) suggest that using the trade mark for spare parts might be considered genuine use for the complete product, the evidence submitted by Ferrari did not sufficiently demonstrate genuine use of the trade mark for relevant spare parts that could be seen as equivalent to an automobile.CommentThe Board’s decision clarifies the scope of… [read post]
29 Jun 2018, 3:16 am
 July 10, 2018 - 2 PM: Valentino S.p.A v. [read post]