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21 May 2019, 1:53 pm by Margaret Taylor
The 41-page opinion is lengthy, thorough and detailed, given the relative simplicity of the issues. [read post]
21 May 2019, 12:34 pm by Caroline Lee
  Rather, the Sixth Circuit’s decision binds only federal courts in Kentucky, Michigan, Ohio, and Tennessee.13 Accordingly, California public agencies remain free to argue that that the decision was wrongly decided because (1) chalking does not constitute a “search” and (2) chalking is reasonable as a matter of law even if it constitutes a search. 1. [read post]
20 May 2019, 11:00 pm by Roel van Woudenberg
Pursuant to Rule 99(1)(a) EPC, the notice of appeal shall contain inter alia the name and the address of the appellant as provided in Rule 41, paragraph 2(c).Rule 101(2) EPC further specifies that in case the Board of Appeal notes that the appeal does not comply with Rule 99(1)(a) EPC, it shall communicate this to the appellant and shall invite him to remedy the deficiencies within a period to be specified. [read post]
20 May 2019, 9:11 am by MOTP
Merely stating the seemingly obvious--that the unit of analysis is “the case”--does not solve all problems. [read post]
18 May 2019, 9:27 am by MOTP
Because the record does not contain this evidence, we affirm the court of appeals' judgment in part, reverse as to the award of attorney's fees, and remand the case to the trial court for further proceedings.I. [read post]
Using a scale that ranges from a score of 1, not at all damaging, to 5, highly damaging, 38 percent of the overall population rated Mueller’s findings as damaging for Trump (4 or 5), 41 percent indicated little or no damage (1 or 2), and 21 percent answered a neutral 3. [read post]
15 May 2019, 12:06 am
The authors define the public domain as the collection of public rights which allow the public to “use works on equal terms without seeking permission” (p. 41). [read post]
2 May 2019, 3:10 pm by Heather Donkers
Ultimately, the word “surreptitiously” was found to refer not to what the accused does, but to the state of mind with which he does it. [read post]
2 May 2019, 3:10 pm by Heather Donkers
Ultimately, the word “surreptitiously” was found to refer not to what the accused does, but to the state of mind with which he does it. [read post]
2 May 2019, 5:45 am
However, such signs must include components that might – beyond their obvious promotional meaning – enable the relevant public to memorise the word sequence easily and immediately as a distinctive trade mark for specific goods and services.Accordingly, the distinctive character must be assessed, first, by reference to the goods and services in respect of which registration is sought and, second, by reference to the perception of the sign by the relevant public (C-398/08P, Audi v… [read post]
29 Apr 2019, 1:37 pm by Nicole Pottroff
ASBCA also explained that the failure to read a contract does not permit avoidance of its terms and asserted, “it does not matter that the contracting officer had no actual knowledge of the terms of the licensing agreement,” because “circumstances support finding the contracting officer had a duty to inquire as to its terms, which he failed to do. [read post]