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1 Dec 2008, 11:00 am
The House of Lords in Erven Warnink v Townend provided a remedy of extended passing-off in order to prevent the defendant selling as "Old English Advocaat" a drink that may have been English but which was neither old nor advocaat. [read post]
11 Feb 2020, 1:33 pm
” State v. [read post]
23 Sep 2023, 3:43 am
It is also questionable whether the Court was correct in stating that consumer perception will only be relevant in certain circumstances, when the CJEU stated at least twice in Louboutin (at least in the English translation – see paras 43 and 48) that it was ‘necessary’, in order to determine whether a marketplace operator makes ‘use’ of a sign, to assess consumer perception. [read post]
24 Mar 2017, 8:00 am
See Hall v. [read post]
7 Jul 2020, 9:44 am
An English version of the decision, couresy of Arnold Ruess, can be found here . [read post]
6 Mar 2011, 12:29 pm
The issues are (1) the application of copyright protection under English law to three dimensional works; and (2) whether a claim of an infringement under US copyright law is justiciable in England. [read post]
13 Jul 2017, 10:00 am
She had the chance to explain any inconsistencies and Malik gave his evidence to the FtT in English. [read post]
7 Jul 2014, 10:47 am
A recent decision by the Superior Court of New Jersey, State v. [read post]
3 May 2012, 8:38 am
As a result, and as was the case in Elliott v. [read post]
11 Jan 2019, 4:23 am
Following the recent CJEU decisions in Case C-617/15(Hummel v Nike, reported in various places including here) and joined Cases C-24/16 and C-25/16 (Nintendo v BigBen Interactive, reported on this very blawg), the English court’s decision in Poul Chang Metal Industry Company Ltd v Bailcast Ltd and Anor [2018] EWHC 3432 (Ch) has just become available. [read post]
5 Sep 2008, 3:16 pm
Writing in 1914 in an English law journal, F.B. [read post]
16 May 2018, 4:27 am
” At the National Conference of State Legislatures Blog, Lisa Soronen discusses Mount Lemmon Fire District v. [read post]
27 Feb 2015, 7:11 am
But Davis v. [read post]
20 Mar 2013, 9:36 pm
In Opinion analysis: Justices reject publisher’s claims in gray-market copyright case, SCOTUSblog (Mar. 19, 2013, 12:22 PM), Ronald Mann of SCOTUSblog nicely summarizes the ruling, in Plain English: In Kirtsaeng v. [read post]
14 Sep 2017, 3:27 pm
In West Virginia State Board of Education v. [read post]
24 Apr 2013, 4:00 am
Last month, the United States Supreme Court held in Kirtsaeng v. [read post]
9 Jul 2014, 2:27 pm
Especially with regard to the Copyright and Rights in Performances (Quotation and Parody) Regulations 2014, which will enter into force in October 2014, thereby introducing the parody exception into English copyright law, an English note on the AG’s opinion seems valuable. [read post]
19 Aug 2012, 9:15 am
Unnamed Wallens Ridge State Prison Employees, 2012 U.S. [read post]
4 Jul 2017, 7:03 am
The Supreme Court held that the Appeal Court had not applied the correct test from R (Bagdanavicius) v Secretary of State for the Home Department, which for threats from third parties is whether the state has failed to provide reasonable protection against harm inflicted by non-state agents. [read post]
31 May 2013, 4:40 am
One officer questioned him in English, after which another officer translated the questions into Spanish. [read post]
