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Second, an employer bears a greater financial risk when it terminates employment during a job market depression. [read post]
1 Nov 2021, 5:38 am by Neil Wilkof
Ltd owns a Chinese registration for the mark below (“the AGATE Logo”), covering goods in Class 12 including tyres. [read post]
18 Nov 2016, 12:44 am by John Collins
  A claim may have utility even if a promised advantage cannot be achieved in all cases, or is achieved with less success in some areas. [read post]
25 Oct 2007, 9:32 pm
He currently heads up China Advantage Ltd., a China outsourcing and consultancy company. [read post]
16 Jan 2011, 7:39 am by Adam Baker
Martel Building Ltd. v Canada, [1997] 129 FTR 249 (FCTD), revd [1998] 163 DLR (4th) 504 (FCA), leave to appeal refused, 2000 SCC 60, [2000] 2 SCR 860, online: LexUM http://scc.lexum.org/en/2000/2000scc60/2000scc60.html Facts Note: This case deals with the possibility of a tort action in negligence for breach of a duty of care during negotiation of a contract (specifically during the solicitation and evaluation of tendered bids). [read post]
28 Mar 2012, 8:11 am by Chad Bray
Athletic shoe and apparel maker Nike Inc. has sued rival Reebok International Ltd. over its sales of apparel featuring NFL quarterback Tim Tebow, who was recently traded to the New York Jets to serve as the team’s backup quarterback. [read post]
24 Sep 2007, 12:58 am
While leveraging the network of Apex, Tricom gains a distinctive advantage of local presence to reach out to the Law firms in the US, paving for greater business potential. [read post]
5 Aug 2010, 1:53 am
Late last week came news that Mr Justice Mann was giving judgment in the sequel, Specsavers International Healthcare Ltd v Asda Stores Ltd [2010] EWHC 2035 (Ch), a decision of the Chancery Division for England and Wales.High-street budget optician chain Specsavers sued Wal-mart's UK avatar Asda Stores for infringing its SPECSAVERS word and figurative trade marks and for passing off. [read post]
11 Dec 2013, 1:16 pm
In O2 Holdings Ltd v Hutchison 3G Ltd [2006] EWCA 1656 Civ[see the IPKat here] the dichotomy between the laws of comparative advertising and trade marks was referred for a preliminary ruling to the Court of Justice of the European Union (CJEU) in Case C-533/06[noted by the IPKat here] where it was held that compliance with the Comparative Advertising Directive is also ‘honest business practice’. [read post]
3 Jan 2014, 1:50 am
 Well, here's another one for the collection: it's  Collegewood Street Ltd's application; opposition of TBH Ltd, a 23 September decision from the Irish Trade Marks Registry (Dermot Doyle, acting for the Controller) which only recently came to this Kat's attention. [read post]
16 Jun 2014, 7:13 am
He referred in particular to comments by Laddie J in Mercury Communications Ltd v Mercury Interactive (UK) Ltd [1995] FSR 850, at 863-865; by Jacob J in Laboratoire De La Mer Trade Marks [2002] FSR 51, at [19]; and by Aldous LJ in Thomson Holidays v Norwegian Cruise Line [2002] EWCA Civ 1828; [2003] RPC 32, at [29]. [read post]
28 Feb 2012, 4:21 pm
She says this would create an uneven playing field where US treasury bonds would have the advantage over EU sovereign debt in the sovereign debt markets. [read post]
3 Sep 2020, 8:54 pm by Florian Mueller
As I noted on a previous occasion, it depends on market definition, but if the courts defined the relevant antitrust markets here as single-brand markets (iOS app distribution or Android app distribution, iOS in-app payment systems vs. [read post]
15 May 2007, 1:41 pm
Fitnessworld Trading Ltd, Case C-408/01, [2003] ECR I-12537 [IPKat says: probably, but this is only part of the challenge]and/or (ii) unfair advantage and/or detriment within the meaning of that Article? [read post]
23 Jun 2022, 1:59 am by Eleonora Rosati
He also found 10(3) infringement on the basis of unfair advantage (but not dilution) and passing off.The Claimant has done well to win this case. [read post]
26 Jul 2021, 4:12 am by Michael Douglas
The first category is where, as stated in Akai Pty Ltd v The People’s Insurance Co Ltd, enforcement ‘offends the public policy of the forum whether evinced by statute or declared by judicial decision’.[12] This includes the situation ‘where the party commencing proceedings in the face of an exclusive jurisdiction clause seeks to take advantage of what is or may be a mandatory law of the forum’.[13] The prohibition in Australian law against… [read post]