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The Federal Court of Justice made the following findings in relation to the material and personal scope of the right to prior use: 1. [read post]
15 Apr 2020, 6:43 am by Kevin Kaufman
Moreover, the goods and services seeing spikes in demand, like groceries and digital entertainment, are less likely to be subject to state sales tax.[1] The contraction in spending is affecting excise tax revenues and, in some cases, revenue may be eliminated entirely. [read post]
15 Apr 2020, 1:25 am by Eleonora Rosati
That case, as readers may remember, concerns whether YouTube (1) does directly perform copyright-restricted acts (acts of communication to the public under Article 3 of the InfoSoc Directive) when it gives access to user-uploaded content and (2) can rely on the hosting safe harbour under the e-Commerce Directive. [read post]
14 Apr 2020, 9:05 pm by Lila Sevener
The President does not have the power, though, to regulate employment contracts or to set wage or price controls. [read post]
13 Apr 2020, 4:19 pm by Kevin LaCroix
  In other words, if the corrective disclosure’s related drop in stock price does not exhibit a statistically significant stock price return after controlling for general and industry-specific factors, the court should be reluctant to approve the related stock price decline as a source of potential damages in a certified class. [read post]
11 Apr 2020, 8:28 am by Riana Harvey
This, coupled with the fact that the earlier mark had a high degree of distinctiveness in light of the extensive use of the mark and its reputation (particularly in the UK) led to the conclusion that there was a likelihood of confusion on the part of the relevant public.In its appeal, the applicant made two claims: First, that the decision should be annulled on the basis of: (i) infringement of Article 95(1) of Regulation 2017/1001 (this argument was rejected, and will… [read post]
9 Apr 2020, 2:56 pm by Unknown
  A general statement of a duty to cooperate would be deemed insufficient.The insured’s failure to cooperate had made the carrier’s performance under the policy impossible;The carrier has given the insured an opportunity to cure, which must:Include the furnishing of written notice to the insured of the alleged failure to cooperate, describing with particularity the alleged failure, within 30 days of the alleged failure; andAllow the insured 60 days after… [read post]
9 Apr 2020, 4:00 am by Ken Chasse
He does so on the assumption that the law societies’ mandates are fulfilled by inexpert and unsupported volunteer benchers. [read post]
7 Apr 2020, 7:45 am by Joel A. Webber
See update below about 3M lawsuit against a re-seller of its N-95 masks alleging “price-gouging” filed April 10, 2020.* THE POINT 1. [read post]
In the United States, a judge may increase the damages for patent infringement up to threefold[1] resulting in awards of millions, or even billons, of dollars. [read post]