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25 Apr 2012, 11:56 am
Blue Cross & Blue Shield Ass'n, 873 F.2d 1043, 1048 (7th Cir. 1989); cf. [read post]
28 Nov 2013, 2:28 pm
Unlike some of the Commission's other IP-related proposals, which received more publicity than even important things like the weakness of the Euro-zone and the latest additions [and subtractions, queries Merpel] to Lady Gaga's wardrobe, this proposal has crept up on the IP community almost silently, indeed quite secretly -- even though it wasn't a product of secrecy itself [cf ACTA and the TPP]. [read post]
29 Jan 2016, 3:37 am
Cf., In re Arnold, 105 USPQ2d 1953, 1956 (TTAB 2013) (requiring evidence that a title is used on at least two different creative works). [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]
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]
14 Sep 2023, 3:39 am by Eleonora Rosati
The pastiche exception could be understood as a general exception for artistic freedom, which is necessary because artistic freedom alone cannot be given the necessary scope in all cases due to the immanent limitation of the scope of protection of exploitation rights to a use of works and performances in a recognisable form (cf. [read post]
23 Jan 2015, 1:30 am
For those activities and under certain conditions as explained below, the possibility is being created under the new career system to have the related contribution financially rewarded under the conditions laid down in the Service Regulations (cf. [read post]
4 Sep 2013, 5:01 pm by oliver randl
The method, however, remains the same, independently of any technical substrate used for storing information, whether it be pencil and paper, cardboard and ink, or digital storage.[17] The further argument that implementation using a computer system would allow the repository to grow larger than without cannot change the Board’s assessment that using computers for what they are good at - storing and processing large amounts of data quickly - was an obvious measure.[18] The argument that the… [read post]
19 Nov 2012, 5:01 pm by oliver randl
Therefore, the examination of this ground for opposition by the Board does not constitute a “fresh” ground within the meaning of the opinion G 10/91 of the Enlarged Board of appeal, cf. [read post]
24 May 2017, 7:36 pm by Brian Shiffrin
 The Fourth Department stated,Here, we agree with defendant that, contrary to the court's determination that "[t]here was no influence or suggestion" by the investigator, the evidence establishes that the investigator suggested to the parole officer prior to her identification that the person depicted committing the robbery on the surveillance video was defendant (cf. [read post]
11 Dec 2015, 5:22 pm
The propounded instrument will be admitted to probate, it having been established that it was executed in the manner prescribed by section 21 of the Decedent Estate Law and that at the time of its execution the decedent was of sound mind and free from restraint.The decree to be submitted will include provisions (1) admitting the propounded paper to probate; (2) construing the will as ineffectual to dispose of any part of the testator's property; and (3) granting letters of administration with… [read post]
2 Jan 2016, 10:58 am by Graham Smith
Member States would be prohibited from enacting either higher or lower levels of consumer protection than specified in the Directives.Copyright and linking Three more linking cases are on their way to the CJEU, all from Dutch courts: C-160/15 GS Media (a reference from the Dutch Supreme Court concerning a link to an infringing copy of a photograph), C-527/15 Filmspeler (a site blocking case referred by the Central Netherlands District Court; the target site is alleged to have provided a downloadable… [read post]