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21 Dec 2023, 9:00 am by Alessandro Cerri
The judge held that the defence of statutory acquiescence raised by the Defendants under section 48 of the Trade Marks Act 1994 (TMA 1994), could not succeed because the five year period only starts to run when the earlier trade mark owner has knowledge of both the use of the later trade mark, and of its registration (applying Case C-482/09, Budejovický Budvar np v Anheuser-Busch Inc [2011] ECR I-08701). [read post]
19 Dec 2023, 10:35 am by Eric Goldman
Sub-section (c)(1) and (c)(2) say nothing about other avenues to liability such as distributor liability or liability for the platforms’ own conduct. [read post]
18 Dec 2023, 2:48 pm by CFM Admin
  On November 20, 2023, the Securities and Exchange Commission (“SEC”) charged Payward Inc. and Payward Ventures Inc., together known as Kraken, with operating Kraken’s trading platform as an unregistered securities exchange, broker, dealer, and clearing agency. [read post]
12 Dec 2023, 9:05 pm by renholding
(disclosing for itself and its subsidiaries), (ii) once more by CSRD rules (although this time under presumably simplified Article 40a reporting standards), at the level of its Japanese parent, Sony Group Corporation (disclosing on the behalf of the entire group), and (iii) potentially several more times  for any entities that are either (a) registered as securities issuers with the SEC (according to available EDGAR data, these are Sony Group Corporation, Sony Corp. of America, Sony Financial… [read post]
5 Dec 2023, 9:05 pm by renholding
The combination of computing power and such a rule ends uncertainty and, for example, allows us to follow specifically the typically small number of unregistered shares that might otherwise be asserted to “contaminate” a much larger pool of registered shares and preclude any Section 11 action. [read post]
5 Dec 2023, 9:01 pm by Michael C. Dorf
For example, in the 1943 case of National Broadcasting Co., Inc. v. [read post]
4 Dec 2023, 4:58 am by Peter Mahler
Flor testified she was “shocked” when she read the LOI and felt that it was a power grab” by GF. [read post]
30 Nov 2023, 12:45 pm by Sasha Volokh
No Private Separation-of-Powers Doctrine Now for the recipient-based theories. [read post]