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30 May 2013, 8:47 am by Matthew Lanahan
Thaler, in which the Court held that when a state’s procedural framework makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v. [read post]
9 Nov 2021, 9:56 pm by Riana Harvey
The applicant relied upon the ‘extended’ form of passing off (referred to in Chocosuisse Union des fabricants suisses de chocolat & Ors v Cadbury Ltd. [1999] EWCA Civ 856), which enables several traders to have rights over a sign which has acquired a reputation on the market (and whereby - as per the UK law of passing off - such notional use by another has constituted a misrepresentation, and damage was caused).The BoA had previously found that, whilst there was reputation… [read post]
30 Jan 2008, 9:40 am
Especially given the first sentence of the fourth paragraph of Part II, in which Justice Bedsworth states:"If there is one thing four-year-old boys are usually good at, it is waking their parents. [read post]
20 Aug 2024, 8:42 am by Eric Goldman
The court summarizes: The primary effect of the DPIA provision is to compel speech…The State cannot insulate a specific provision of law from a facial challenge under the First Amendment by bundling it with other, separate provisions that do not implicate the First Amendment The court also says that the DPIA requirement “deputizes covered businesses into serving as censors for the State” because the DPIA risk “factors require consideration of content or… [read post]