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Trade mark grabbing. It happens a lot. Anywhere. Anytime. This article discusses the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. It outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade...
Persistent link: https://www.econbiz.de/10014148604
Since United States v. Lopez first brought the distinction between economic and non-economic activity to the forefront of the Supreme Court's Commerce Clause analysis, courts and commentators alike have been grappling with the issue of what constitutes an economic activity for federal regulatory...
Persistent link: https://www.econbiz.de/10014050808
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort claims are systematically devalued during settlement...
Persistent link: https://www.econbiz.de/10014052425
Asserting that class actions are compatible with civil law systems, the author describes the Brazilian system of class actions, comparing it with its American counterpart, and placing it in the context of other systems' approaches to class action litigation. In this paper, the author presents...
Persistent link: https://www.econbiz.de/10014058196
Article on the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. The article outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade mark applications on the grounds of earlier use. It discusses...
Persistent link: https://www.econbiz.de/10014038229
This Note examines the history surrounding the Pigford v. Glickman litigation and concludes that Congress should enact a Distributive Justice Fund based on the structure of the September 11th Victim Compensation Fund (VCF). Part II briefly discusses the history of Black farmland ownership—from...
Persistent link: https://www.econbiz.de/10014084501
The U.S. in the recent United States-Mexico-Canada Agreement and U.S.-Japan Digital Trade Agreement adopts a new clause which mirrors Section 230 of the Communications Decency Act of 1996, shielding online intermediaries from third-party contents liability. For policymakers, the seemingly...
Persistent link: https://www.econbiz.de/10013296530
Individual and corporate responsibility is the basis for sustainable development of society and the world. Environmental responsibility of business entities is a prerequisite for the survival of people, which is why it is an important aspect of corporate responsibility. The purpose of the paper...
Persistent link: https://www.econbiz.de/10013230640
Distilled to its most basic sense, § 363(k) has always given secured creditor the right “credit bid,” or to use, up to the full amount of the debt owed to the secured creditor by the debtor, as currency in any sale of the collateral securing the debt owed to that claimant under § 363(b)...
Persistent link: https://www.econbiz.de/10014358761
As of the a bankruptcy petition’s filing date (the “petition date”), § 362(a)(1) stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under...
Persistent link: https://www.econbiz.de/10014343748