Search for: "HARMON v. HARMON"
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8 Jan 2013, 7:25 am
Arden.A terminated snowplow dealer’s New Hampshire Equipment Dealership Act, Consumer Protection Act, and Antitrust Act claims against its manufacturer were dismissed without prejudice, based on a contractual choice of Maine forum, according to the federal district court in Concord, New Hampshire (Summa Humma Enterprises, LLC v. [read post]
21 Jan 2020, 7:27 am
Chapter 7 analyzes Itar-Tass Russian News Agency v. [read post]
15 Jun 2023, 6:02 pm
Such is the case with Nature’s Touch Frozen Foods v. [read post]
7 May 2013, 5:06 am
An African Contribution to the Taxonomy of Legal Gaps” Salvatore Mancuso, Chair, Professor, and Director, Centre for Comparative Law in Africa, University of Cape Town, Cape Town, South Africa ¾ “Filling the Gaps in Latin America: Mixed Patterns in the 19th and 20th Century” Ignazio Castellucci, Professor of Asian Legal Traditions and Chinese Law, University of Trento, Trento, Italy; Professor of Comparative Legal Systems, University of… [read post]
3 Jan 2014, 8:55 am
Bill 70 was part of an effort to harmonize the interests of the various mining stakeholders, such as the mining industry itself, the municipal sector, environmental advocacy groups, and aboriginal communities, which all submitted their observations and comments on Bill 43 during the Special consultations and public hearings on Bill 43 (the “Consultations”). [read post]
28 Mar 2015, 4:13 am
" the Court note[d] that, with regard to the nature and extent of the protection which Member States may recognize broadcasting organizations, the Directive does not harmonize any differences between national laws, so it does not preclude more protective provisions. [read post]
29 Sep 2018, 10:11 pm
On the German Qualcomm v. [read post]
23 Aug 2018, 10:37 pm
[On a side note, comparing this to the Sheeran v Switch case - Switch went for varying degrees of both approaches in that they argued the two had mutual friends and that the 'Oh Why' song was on several platforms, but his YouTube video only has 41,122 views and there's no Grammy nomination...]But back to the matter at hand - having convinced the Court that there was a reasonable possibility that the writers had access to the work, the next question was whether or not the… [read post]
24 Aug 2018, 3:22 am
” It went on to say that the ostinatos in both songs are identical, both ostinatos are nearly identical in pitch content and melodic contour as is the mechanical style, and that the timbre of the upper and primary voice are remarkably similar.However, the Defendants relied on the report of their own musicology expert who opined that “‘Dark Horse’ does not share any significant structural, harmonic, rhythmic, melodic, or lyrical similarities, individually or in… [read post]
27 Aug 2019, 1:30 am
Following an Advocate General's opinion in January this year, the CJEU were now tasked with clarifying this issue, and handed down their decision not too long ago.As a very brief primer, the case of Funke Medien NRW GmbH v Bundesrepublik Deutschland concerned the publication of confidential military reports by Funken online by the daily newspaper Westdeutsche Allgemeine Zeitung (having obtained them through unknown means). [read post]
27 Aug 2019, 1:30 am
Following an Advocate General's opinion in January this year, the CJEU were now tasked with clarifying this issue, and handed down their decision not too long ago.As a very brief primer, the case of Funke Medien NRW GmbH v Bundesrepublik Deutschland concerned the publication of confidential military reports by Funken online by the daily newspaper Westdeutsche Allgemeine Zeitung (having obtained them through unknown means). [read post]
31 Aug 2015, 8:20 am
Tripp TrappWith that background, the IP High Court of Japan recently issued a Judgment (Stokke v Katoji, Intellectual Property High Court, April 14, 2015, Hei 26 (ne) No. 10063) which recognized the copyright in an industrial design, namely for the TRIPP TRAPP children’s chair (Stokke has known some IP trials and tribulations for the same chair in Europe, see here). [read post]
3 Dec 2017, 4:46 am
the limited harmonization of the originality requirement occurred at the level of EU legislation;3. [read post]
28 Oct 2013, 3:41 am
For example, the Supreme Court decision in Association for Molecular Pathology v Myriad Genetics, Inc. [read post]
6 Dec 2015, 6:25 am
Here are a few more of her greatest hits for those not hip to her work:Still Convicting the InnocentProsecutorial Exceptionalism: Remedial Skepticism, and the Legacy of Connick v. [read post]
23 Mar 2013, 9:17 am
Morevoer, the listed Harmonized Tariff Schedule (HTS) 9703 number, which designates original sculptures and statuary, was off target say the prosecutors. [read post]
15 Jan 2017, 3:21 pm
The Court of International Trade decision in United Steels and Fasteners, Inc. v. [read post]
6 Feb 2019, 1:37 pm
The case, Glassdoor, Inc. v. [read post]
25 Jul 2018, 10:43 am
As of today, this case arguably represent the most sophisticated and explicit use of EU pre-emption by the Court and – in even more express terms – by AG Wathelet in his Opinion [here].In the present case, should the CJEU decide to follow the Opinion of its AG, this would mean that an approach like the one adopted by the Dutch Supreme Court in Kecofa v Lancôme (in which copyright was found to subsist in the smell of a perfume) would not be allowed.Is copyright like… [read post]
29 Oct 2020, 2:22 am
The CoA refers to other European decisions and explains its diverging views where possible: the outcome is a further step towards a harmonized European approach to equivalence - with our without a Unified Patent Court… [read post]
