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9 Aug 2014, 10:18 am by Andrew Delaney
What you do is: (a) find a calculator, (b) find a sharp #2 pencil with an eraser, (c) say, “I didn’t go to law school to have to do math,” (d) grin, bear it, and do the math. [read post]
15 Jan 2013, 1:45 am by Swaraj Paul Barooah
(a) reasonable requirements of the public have not been satisfied (b) drug was not "reasonably affordable" to the public (c) patented invention was not worked in the territory of India.It seems highly unlikely that an application for compulsory license has already been made by a generic manufacturer, so most probably the government has explored the option of compulsory licensing under Section 92. [read post]
7 Feb 2020, 1:41 pm
The Court held that a trade mark cannot be declared wholly or partially invalid on the grounds of lack of clarity and precisions of its specifications.Léon Dijkman separately shared his thoughts on this case concerning the issue of trade mark registrations suffering from a lack of clarity.PatentsRose Hughes summarised and reviewed the patent news, reports and commentaries on the Board of Appeal's decision in the CRISPR hearing (T-844/18).Katfriend Gaëlle Béquet… [read post]
17 Mar 2020, 10:29 am by Camilla Hrdy
" (314).So, for instance, sure, one reason society may not see enough private investment in developing life-saving drugs is the fact that drug companies could not recoup the cost of their research and testing if they could not exclude generics from copying their novel findings and undercutting their prices. [read post]
21 Oct 2019, 5:01 am by Unknown
Slavin, 75 Wash.2d 554, 452 P.2d 943 (1969), the Washington Supreme Court rejected the argument that financing public transportation was a permissible use of the funds because it would reduce congestion and wear-and-tear on highways, explaining that this reasoning would entitle private bus companies to claim monies from the highway fund.The overriding issue is not one restricted to the use of revenues generated by a mileage-based road fee. [read post]
8 May 2015, 9:18 am
Another controversial case entailing a community trade mark consisting of the shape of a product has kept first the General Court, and then the Court of Justice, busy.This latter gave its judgment in case C-445/13 P confirming the General Court's findings on the invalidity for lack of distinctive character - Article 7.1.b of Regulation 207/2009 - of the three dimensional mark held by Voss of Norway ASA, namely a transparent cylindrical bottle featuring a… [read post]
16 Feb 2014, 7:31 pm by Betsy McKenzie
Still distributed free, PGP is probably the most widely used encryption standard in the world (per the Open PGP Ruby intro). b. [read post]
1 Jun 2023, 9:08 am by Marcel Pemsel
It argued, inter alia, that the signs Consist exclusively of shapes which are necessary to obtain a technical result (Sec. 3(2) no. 2 German Trade Mark Act (GTMA), implementing Art. 4(1)(e)(ii) of the EU Trade Mark Directive (‘EUTMD’)); Consist exclusively of shapes which give substantial value to the goods (Sec. 3(2) no. 3 GTMA, implementing Art. 4(1)(e)(iii) EUTMD); Lack distinctiveness (Sec. 8(2) no. 1 GTMA, implementing Art. 4(1)(b) EUTMD); and Are descriptive (Sec. 8(2) no.… [read post]
6 Jul 2021, 3:43 am
The Coca-Cola Company v.Meenaxi Enterprise, Inc., 2021 U.S.P.Q.2d 709 (T.T.A.B. 2021) [precedential] (Opinion by Judge Cynthia C. [read post]
22 Jul 2013, 11:56 am by Gritsforbreakfast
Between $125 for the training plus a few recent research and travel expenses, Grits' blog coffers are running low.)TDCAA's Shannon Edmonds put up a telling slide depicting the number of new crimes created by the Legislature each session (excluding mere penalty "enhancements," or increased penalties for existing crimes):2001: 342003: 232005: 492007: 502009: 402011: 532013: 41New crimes this year include "Uprooting seagrass plants" (Class C misdemeanor) and "performing device maintenance… [read post]
30 Sep 2022, 1:26 am by Gabriele Girardello
(b) users, in particular given that Art. 17.7 seems to put the platforms in the position of earlier “cultural intermediaries”. [read post]
23 Nov 2015, 4:11 am by David DePaolo
Jacob White was a night watchman for the New York Central & Hudson River Railroad Company. [read post]
1 Oct 2020, 1:41 am by Neil Wilkof
For present purposes, it suffices to note that the Registrar, in respect of the other grounds of opposition, had found that use of the Application Mark on Chilean sparkling wines: (a) would not be deceptive; (b) would not mislead consumers into thinking that the goods would be champagne from the Champagne region of France; and (c) would not constitute a misrepresentation in the context of passing-off. [read post]
14 Jun 2022, 5:11 am by Florian Mueller
That could prove costly in other cases targeting Apple, which might be brought by companies with much larger portfolios (and thus far greater royalty amounts at stake), such as Nokia and InterDigital. [read post]
9 Sep 2014, 12:40 pm
”  Part III(B)(4) (sorry about this, but the FDA’s online documents aren’t paginated). [read post]
29 Dec 2017, 1:00 pm
In the case Starbucks Corporation vs Morinaga Nyugyo Kabushiki Kaisha [2017] SGIPOS 18, Starbucks opposed the registration of a mark by the Japanese dairy company, based on alleged similar layout. [read post]
28 Feb 2022, 4:00 am by privacylawyer
If you share information between related companies, you should call this out here. [read post]