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26 Aug 2021, 4:00 am
In the words of the Appellate Division, "[B]oth charges at issue listed dates, albeit as date ranges. [read post]
8 Feb 2017, 8:22 am
The matter came before Mrs J Pike on the 27 January 2017 and the UK Intellectual Property Office (IPO) published the full 73 page decision here, in which two interesting points arose:Use of a modified / part of a trademark registered in a seriesFirstly, Ms Mulhern opposed the registration under sections 5(2)(b) of the Trade Mark Act 1994 (TMA) [similar to an earlier mark and is registered for identical or similar goods or services] and 5(3) TMA [is identical with or similar to an… [read post]
13 Dec 2014, 6:39 pm
To prevail on the motion, the moving party must present prima facie evidence of its entitlement to judgment as a matter of law. [read post]
8 Dec 2016, 1:35 pm
A key issue concerns the power of courts of EU Member States to refer matters to the CJEU under Article 267 TFEU. [read post]
16 Sep 2015, 8:30 am
The Intelligence Community has a concept, NOBUS, or “Nobody but Us”, to describe unique capabilities they possess which our adversaries can’t employ against us. [read post]
18 Mar 2022, 5:00 am
Ukraine would be a poison pill.That should be enough, but perhaps it isn't. [read post]
29 Aug 2014, 5:50 am
In fact, the judge commented that the state `had to prove an enterprise, don't they? [read post]
2 Jan 2013, 9:32 am
In the Fifth Circuit, “[i]t is a well-settled rule of law that an appeal from a final judgment raises all antecedent issues previously decided. [read post]
31 Dec 2012, 11:04 am
B, European Commission Press Release of Dec. 21, 2012 at 2.)" [read post]
21 Feb 2016, 4:55 am
(David Headley): No I don't know Q. [read post]
30 Sep 2018, 2:36 pm
" Her office has argued to the Court that Falzanaro wasn't fired until after the probe was over, and that the eavesdropping evidence was no longer secret. [read post]
29 Apr 2019, 3:47 pm
Despite enormous expense in many cases, the parties don’t always put their best foot forward at the earliest opportunity. [read post]
27 Jan 2014, 7:10 pm
When later moving for summary judgment, SmartGene expressly placed all claims at issue, asserting that “the patents-in-suit are facially invalid as directed to non-statutory subject matter under 35 U.S.C. [read post]
12 Aug 2024, 9:10 am
As the Advocate General observed, […], the purpose of the protection of designs is to protect subject matter which, while being new and distinctive, is functional and liable to be mass‑produced. [read post]
4 Oct 2017, 8:36 am
Statute law b. [read post]
23 Oct 2008, 9:03 am
§343-1(a) allows state enforcement of FDCA violations in the food area, and (b) a private action for violating the state consumer fraud statute, incorporating the standards of California's "little FDCA" statute (also known as the Sherman Act), which in turn just happens to incorporate the FDA's food standards, is a matter of "state," not "federal," enforcement. [read post]
18 Nov 2016, 12:59 am
Both of those interpretations are possible, but the Court doesn’t talk about them. [read post]
8 Jan 2020, 4:28 am
The question at the pleading stage, which is the stage of the current case, is a question of whether the matters that are pleaded are capable of being matters which ought to form part of the trial. [read post]
1 Dec 2014, 4:00 am
The court said that "[b]ased upon our review of the record as a whole, we do not find that [Zlotnick] made such a showing here.3. [read post]
24 Jan 2022, 4:33 pm
The Supreme Court has stated that "[i]t is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below. [read post]