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29 Jan 2009, 2:09 am
Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27 “It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer's state and the taxpayer had no opportunity to show that the [...] [read post]
15 Jun 2009, 2:19 am
Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (Case C-529/07); [2009] WLR (D) 182 “The fact that, at the time of applying for registration of a sign as a trade mark, the applicant knew or was to be taken as knowing that an identical or similar sign capable of being confused with the applicant's sign [...] [read post]
21 Dec 2006, 6:23 am
Among the nine majority opinions (which is more than I've seen in a while - and right before Christmas, too) is State v. [read post]
3 Feb 2012, 2:50 am by sally
Frisdranken Industrie Winters BV v Red Bull GmbH (Case C-119/10); [2012] WLR (D) 20 “A service provider who, under an order from and on the instructions of another person, filled packaging which was supplied to it by the other person who, in advance, affixed to it a sign which was identical with, or similar to, a sign protected as a trade mark did not itself make use of the sign that was liable to be prohibited under that provision.” WLR Daily, 15th December 2012… [read post]
12 Jan 2009, 1:49 am
East Devon District Council v Boundary Committee of the Electoral Commission [2009] EWHC 4 (Admin); WLR(D) 5 “The power under s 5(3)(c) of the Local Government and Public Involvement in Health Act 2007 for the Boundary Committee of the Electoral Commission to make ‘an alternative proposal’ enabled the Committee to make two or more proposals. [read post]
26 Dec 2007, 12:31 am
In C v D [2007] EWCA Civ 1282, D insured C under a Bermuda Form policy that provided for London arbitration and was governed by New York Law. [read post]
6 Jul 2011, 2:39 am by sally
Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat (Case C-271/10); [2011] WLR (D) 216 “National legislation establishing a system under which the remuneration payable to authors in the event of public lending was calculated exclusively according to the number of borrowers registered with public establishments on the basis of a flat-rate amount fixed per borrower and per year was contrary to article 5(1) of Council Directive 92/100/EEC of 19… [read post]
19 Nov 2010, 3:00 am by Dan Kelly
The Trademark Trial and Appeal Board issued a rare decision at the end of last month in the case of Weatherford/Lamb, Inc. v. [read post]
31 Mar 2015, 6:03 am
A smiling TV 2 Norway (new owner of C More) CEO possibly pictured before the CJEU rulingLast week this blog reported on the latest decision of the Court of Justice of the European Union (CJEU) on the right of communication/making available to the public within Article 3 of the InfoSoc Directive, this being C More Entertainment AB v Linus Sandberg, C-279/13.BackgroundAs readers will remember, this was yet another reference for a preliminary… [read post]
5 Feb 2010, 8:55 am by amyburchfield
Several C | M | Law faculty members have recent and forthcoming scholarship; some articles or abstracts are available for downloading through SSRN or other electronic sources. [read post]
17 Mar 2011, 3:31 am by sally
Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88 “A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service… [read post]
29 Jun 2015, 8:59 am by WIMS
Supreme Court decides Michigan v. [read post]