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13 Sep 2021, 9:46 am
Other factors may also be considered, such as the distribution channels of the goods concerned (Caventa v OHIM, T‑224/11).In the present case, the goods were neither of the same nature nor the same purpose, nor were they of the same type nor intended for the same purpose or for the same use. [read post]
13 Sep 2021, 8:45 am
Everlaw is used by Fortune 100 corporate counsels and household brands like Hilton and Dick’s Sporting Goods, 76 out of the AM Law 100, and all 50 U.S. state attorneys general. [read post]
13 Sep 2021, 7:15 am
REX - Real Estate Exchange Inc. v. [read post]
13 Sep 2021, 7:05 am
” The court also distinguished United States v. [read post]
13 Sep 2021, 6:59 am
Without citing Shelley, New York Times v. [read post]
13 Sep 2021, 4:22 am
In a way it happened, thought not necessarily a good way. [read post]
13 Sep 2021, 4:07 am
Rwachsberg Holdings Inc. and Apollo Health and Beauty Care Inc. v. [read post]
13 Sep 2021, 3:00 am
In Holder v. [read post]
13 Sep 2021, 2:48 am
This is a follow-up to my previous post on this topic: "No, the Epic v. [read post]
12 Sep 2021, 9:01 pm
” So far so good. [read post]
12 Sep 2021, 4:32 pm
Thin, nonsensical, and desperate, it makes the defence in The Duchess of Sussex v Associated Newspapers Ltd seem meritorious by comparison, which, as readers of this blog will know, it was anything but. [read post]
12 Sep 2021, 6:57 am
Wilner v. [read post]
12 Sep 2021, 3:10 am
On this third point, Mr Justice Birss (as he then was) provided an explanation as to the German injunction gap and the interaction with UK patent proceedings at [14]-[19] of his decision, summarizing previous decisions (HTC v Apple, ZTE, v Ericsson, Garmin v Phillips) where Mr Justice Arnold (as he then was) consistently expressed the view that the presence of a possible German injunction gap "was a factor to take into account". [read post]
11 Sep 2021, 11:30 am
The distinctions between different kinds of evidence under the Illinois Rules of Evidence help ensure that courts are only weighing good evidence and are not drowning in nonsense. [read post]
11 Sep 2021, 9:53 am
Here's a follow-up to my commentary on the Epic Games v. [read post]
11 Sep 2021, 8:16 am
Ostensibly forced out of the business he helped found, Peter sued Anthony and Zachary in Brooklyn Supreme Court alleging claims five claims: (i) a declaratory judgment that Section 10.1 of the Operating Agreement prohibited amendment without unanimity of the Class A members, (ii) breach of the Operating Agreement, (iii) breach of the implied covenant of good faith and fair dealing, (iv) violation of Section 409 of the Limited Liability Company Law requiring LLC mangers to act “in… [read post]
11 Sep 2021, 8:16 am
The Complaint and Injunction Motion Ostensibly forced out of the business he helped found, Peter sued Anthony and Zachary in Brooklyn Supreme Court alleging five claims: (i) a declaratory judgment that Section 10.1 of the Operating Agreement prohibited amendment without unanimity of the Class A members, (ii) breach of the Operating Agreement, (iii) breach of the implied covenant of good faith and fair dealing, (iv) violation of Section 409 of the Limited Liability Company Law requiring LLC… [read post]
11 Sep 2021, 6:07 am
“[A] party moving for a physical examination under [Rule 215] bears the initial burden of establishing good cause for the requested examination” Thompson v. [read post]
11 Sep 2021, 12:41 am
Yesterday's Epic Games v. [read post]
10 Sep 2021, 2:18 pm
" In NFIB v. [read post]
