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13 Feb 2023, 8:35 am by Marcel Pemsel
The judges also cited the Primart decision, where the CJEU held that-- where the earlier trade mark and the sign whose registration is sought coincide in an element that is weakly distinctive with regard to the goods at issue, the global assessment of the likelihood of confusion within the meaning of Article 8(1)(b) of Regulation No 207/2009 does not often lead to a finding that such likelihood exists. [read post]
4 Dec 2014, 3:34 am
[possibly 'no', courtesy of para 41 in the Cassina decision: "the concept of distribution to the public, otherwise than through sale, of the original of a work or a copy thereof, for the purpose of Article 4(1) of Directive 2001/29, applies only where there is a transfer of the ownership of that object. [read post]
20 Jan 2023, 7:46 am by Marcel Pemsel
However, the General Court’s case law does not distinguish between an initial and subsequent lack of distinctiveness. [read post]
17 Jul 2012, 8:00 am by INFORRM
The deep pockets rationale may very well justify some regulation of political advertising, but it certainly does not support a blanket ban. [read post]
12 Jun 2017, 9:08 am
Jaeger, 1999 UT 1, ¶¶ 41–45, 973 P.2d 404 (remanding to the district court for it to resolve objections to the PSI). [read post]
21 Oct 2019, 9:02 pm by Kevin Kaufman
This does not mean, however, that a state cannot rank in the top 10 while still levying all the major taxes. [read post]
20 May 2021, 2:57 am by Jessica Kroeze
This does not exclude the skilled person starting their considerations from any piece of prior art they might be aware of. [read post]
7 Apr 2016, 9:12 am
" [para 60]It follows that, lacking one of the two necessary conditions, ie an act of communication, there is no issue of Article 3(1) of the InfoSoc Directive even coming into consideration. [read post]
15 Jan 2008, 4:20 pm
Since the Bison are an FCS team, how does this match up with performance? [read post]