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4 Dec 2020, 1:25 pm by Lawrence B. Ebert
., 668 F.3d at 1376 (internal quotation marks and citation omitted); cf. [read post]
16 Jul 2020, 1:50 am by Eleonora Rosati
Advocate General (AG) Saugmandsgaard Øe has just issued his Opinion in Joined Cases C-682/18 and C-683/18, in which he has advised the Court of Justice of the European Union (CJEU) to rule that, under EU law as existing prior to the adoption of Directive 2019/790 (the DSM Directive), platforms like YouTube and Uploaded are NOT liable for the making available of infringing user-uploaded content.The text of the Opinion is not yet available on the Curia website but, according to the relevant… [read post]
28 May 2015, 3:24 pm
City of Peekskill, 214 A.D.2d 552, 624 N.Y.S.2d 639; cf., Cortes v. [read post]
19 Mar 2013, 10:30 am by Lawrence B. Ebert
Cf. id., at 16–20, 28 (discussinglimitations of potential defenses, including the fair use and archival exceptions, §§107–108). [read post]
31 Mar 2020, 1:22 pm by Alex Woolgar
Following the revocation decision, Gleissner filed applications for PARASITE EVE and PARASITE in the UK, Benelux and Latvia (no use of these marks by the proprietors was claimed or proven) and the UK applications were registered without opposition.Square Enix relied on sections 5(4)(a) (passing off) and 3(6) (bad faith) (cf. section 47) of the Trade Marks Act 1994 to invalidate the UK registrations. [read post]
16 May 2022, 6:57 pm by Jon L. Gelman
., Wright’s Case, 156 N.E.3d 161, 171-175 (Mass. 2020) (interpreting state law not to require such reimbursement in part to avoid preemption concerns); cf. [read post]
10 Aug 2015, 9:11 am by Jessie Lamont
., 2012 HRTO 1977 at para 66 (available on CanLII). [7] XY v Ontario (Government and Consumer Services), 2012 HRTO 726 (CanLII). [8] CF v Alberta (Vital Statistics), 2014 ABQB 237 (CanLII). [9] The Ontario Policy at p 35. [10] Ibid at p 41. [read post]
17 Feb 2023, 3:03 pm
Each of the individual plaintiffs submitted a sworn declaration that he or she did not claim and had never claimed any right, title, estate, lien, or interest in the 2.0 cfs of Beaughan Springs water at issue in the case. [read post]
1 Mar 2019, 4:47 pm
”In Indian literary (including religious and philosophical) traditions a sūtra (सूत्र, ‘string’ or ‘thread’; Pali: sutta) refers to an aphorism (cf. [read post]
14 May 2015, 5:37 am by Kenneth Vercammen Esq. Edison
., whether administration was necessary, could be determined on an objection to the appointment under UPC Section 3-414(b); cf., Sections 3-608 to 3-612. [read post]
16 Jan 2014, 11:37 pm by Eleonora Rosati
In other words, in Italy the obligation for ISPs to act “…. expeditiously to remove or to disable access to the information…” does not arise at the time when an ISP obtains knowledge or becomes aware of illegal activities or infringing content occurring on its servers (cf Article 14 of the e-Commerce directive). [read post]
29 Aug 2013, 5:01 pm by oliver randl
Obviously, the representatives were aware of this deficiency in the contested decision (see e.g. statement of grounds of appeal from opponent 2; page 3, point 3).[1.4] It is well-established case law that a party may, during appeal proceedings, file any kind of request aiming at the maintenance of the result obtained at the first-instance stage (cf. [read post]
22 May 2014, 8:44 am
 The judge stated:Looking at the matter more broadly in terms of the kind of contribution to human knowledge that the patent system is intended to incentivise and reward (cf Pozzoli  at [25]-[29]), as a cross-check for my conclusion, I consider that the additional research work (finalising the study which was already well advanced as reported at the time of the presentation in September 2000) and additional information (confirmation of the preliminary findings presented in… [read post]
9 May 2022, 9:28 am by John Jascob
“Funding portals perform an important gatekeeping role for securities that are offered to investors under Regulation CF, the crowdfunding exemption from securities registration,” said Jessica Hopper, Executive Vice President and Head of FINRA’s Department of Enforcement, via press release. [read post]