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5 Jan 2023, 12:40 am
Such an approach would not be unprecedented, as cases like Flos and Poland [Katposts here] suggest.In line with CJEU case law (Pelham, para 62; Spiegel Online, para 46; Funke Medien, para 61), the three-step test also contributes to the fair balance between exclusive rights and exceptions and limitations, including having regard to the guarantee of effectiveness of the latter and compliance with the EU Charter rights and interests.As to trade mark law, it is well known that the EU trade… [read post]
12 Aug 2015, 7:58 am
The Manual implicitly acknowledges that it may contain errors: its preface notes that “[a]n effort has been made to reflect in this manual sound legal positions” (page v) (emphasis added), and page vi provides an email address to send comments and suggestions. [read post]
11 Mar 2016, 1:43 am
Indeed, the European Commission is expected to publish its long-awaited guidelines on how existing EU directives [such as the E-Commerce and Service directives] should apply to collaborative business models in mid-2016. [read post]
26 Jan 2018, 10:07 am
If they skew sharply one way or another, in an unfair direction, the court may toss them. [read post]
17 Mar 2015, 10:52 am
South Korea issued a clear directive to China today: Butt out of our security affairs. [read post]
14 Sep 2014, 3:56 am
Each of these hypos contains qualifying language, which gives pause to what he is really saying. [read post]
7 Dec 2017, 3:23 pm
No Customer or Passive Sales Restriction When concluding that the selective distribution network did not contain so-called hard-core restrictions it followed the Opinion by Advocate General Wahl. [read post]
27 Jun 2018, 3:12 pm
In a long line of cases, the U.S Supreme Court has grappled with the question of who can be held liable under the federal securities laws for fraudulent misrepresentations. [read post]
24 Oct 2011, 2:37 pm
Id. at 262-64 (noting that purposeful “is the highest form of mens rea contained in our penal code, and the most difficult to establish”). [read post]
7 Dec 2017, 3:23 pm
No Customer or Passive Sales Restriction When concluding that the selective distribution network did not contain so-called hard-core restrictions it followed the Opinion by Advocate General Wahl. [read post]
22 Apr 2020, 9:33 am
This includes calls or texts to cellular phone numbers as well as calls to residential lines. [read post]
7 Dec 2017, 3:23 pm
No Customer or Passive Sales Restriction When concluding that the selective distribution network did not contain so-called hard-core restrictions it followed the Opinion by Advocate General Wahl. [read post]
25 Sep 2020, 3:02 am
” Examples include direct taxation of carbon dioxide emissions as well as cap-and-trade schemes, such as legislation that passed the House in 2009 but fizzled in the Senate. [read post]
2 Sep 2009, 12:37 pm
Climate positions don’t fall along party lines. [read post]
8 Oct 2008, 1:25 pm
You are not going to end up standing in line for the soup kitchen. [read post]
26 Jan 2018, 10:07 am
If they skew sharply one way or another, in an unfair direction, the court may toss them. [read post]
7 Jun 2007, 11:55 am
On appeal, he challenged three special conditions: (1) The defendant is prohibited from access to any computer equipment or any on-line computer service at any location, including employment or education. [read post]
21 Jun 2013, 6:43 pm
The Special Master directed an in camera review of documents on G-P’s privilege log, and the production of the underlying data and materials from the studies. [read post]
17 Feb 2016, 12:02 pm
Metalco claimed, inter alia, that City Design had infringed copyright in the benches, which are part of its product line Libre and, as well, City Design had engaged in unfair competition in imitating these designs. [read post]
7 Mar 2013, 5:16 pm
Or, like many CJEU references, it may get kicked into the long grass while the parties and the judge analyze every line.... [read post]
