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11 Dec 2014, 2:54 am
.* "Consent" for both Article 4(5) and Article 7(1) has to be expressed in an unequivocal manner, whether in writing or not (citing the Court of Justice of the European Union ruling in Case C-414/99 Zino Davidoff SA v A&G Imports Ltd).* Whether an express statement of consent has been made is a matter for determination by the relevant national court or tribunal in accordance with its own rules of evidence and procedure but, in all cases, the burden of… [read post]
29 Mar 2021, 1:11 am by Rose Hughes
Given the legal uncertainty generated by the referral, the EPO could be commended for attempting to deal with the matter swiftly. [read post]
4 Feb 2016, 12:10 pm
This exception allows Member States to permit "quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author's name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose. [read post]
26 May 2023, 1:14 pm by Joel R. Brandes
The Court found that the existence of the German equivalent of child protective services, jugendamt, was supported by the evidence of record and was also an appropriate matter for judicial notice. [read post]
7 Mar 2013, 7:33 am by Larry Catá Backer
Typical responses to a campaign can be grouped into three categories: (a) defensive (b) equivocal and (c) engaged. [read post]
5 Feb 2013, 10:00 am by Katherine Gallo
Code of Civil Procedure §2025.480 (pdf) "Motion for Order compelling answer or production; Time for motion; Notice; Discovery of electronically stored information; Certified copy of relevant parts of transcript; Monetary and other sanctions"  inserted the same langauge in paragraphs (d) - (g)   E-DISCOVERY THAT IS PRIVILEGED AND PROTECTED             Code of Civil Procedure §2025.460 (pdf) titled “Privileged and protected… [read post]
29 Aug 2024, 8:53 am by Rebecca Tushnet
” [This is usually resolved by saying that some situations can be resolved as a matter of law, but not all.] [read post]
29 Jan 2014, 1:58 am
However, now that it is heading on appeal to the Court of Justice of the European Union (CJEU) as Case C-622/13 P, it has regained its pristine topicality -- so here it is.In April 2002 Castel Frères applied to register as a Community trade mark (CTM) the word CASTEL for ‘alcoholic beverages (except beers)’ in Class 33; the word was duly registered as a CTM. [read post]
2 Mar 2021, 4:24 pm by Larry
Friedman Contact: customslawblog@gmail.com Twitter: @customslawblog (c) 2020 All Rights Reserved. [read post]
27 Apr 2016, 11:42 am by Gritsforbreakfast
Code 143.089(g)) But in between the two paragraphs above, the statute also says this: “(b) A law enforcement agency may release to the public a recording described by Subsection (a) if the law enforcement agency determines that the release furthers a law enforcement purpose. [read post]
21 Jun 2015, 12:30 am by Emily Prifogle
Finney (Harvard Education Press); Locus of Authority: The Evolution of Faculty Roles in the Governance of Higher Education by William G. [read post]
7 Nov 2014, 3:22 pm by Gary P. Rodrigues
Risk, A History of Canadian Legal Thought: Collected Essays edited and introduced by G. [read post]
2 Mar 2018, 8:19 am by Guido Paola
(g) oral proceedings should have been held public such that members of the public could have witnessed the correctness of handling of the proceedings by the Board.The Board considered request (a) inadmissible. [read post]
2 Mar 2018, 8:19 am by Guido Paola
(g) oral proceedings should have been held public such that members of the public could have witnessed the correctness of handling of the proceedings by the Board.The Board considered request (a) inadmissible. [read post]