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"[I]njunction is not the automatic consequence of infringement" but the result of equitable consideration.
And the nature of the right at issue is an important equitable consideration.
All of our applicants are given full, and equitable, consideration regardless of citizenship.
The alleged infringer's intent in adopting the mark is weighed, both as probative evidence of the likelihood of confusion and as an equitable consideration.
Similar(56)
The Guidelines clearly state that notwithstanding their promulgation, fair use standards may be more or less permissive depending upon the circumstances and based upon equitable considerations.
This decision, which unnecessarily limits the ability of the federal courts to effectuate the intent of NEPA, is mandated neither by the statute nor by the various equitable considerations upon which the Court relies.
To the extent that equitable considerations, for example, 'reliance,' are relevant, I would take this into account in the determination of what relief is appropriate in any given case.
The first problem was simply this: Interstate application of the doctrine of priority, unlimited by equitable considerations, threatened to deprive the four Upper Basin States of their fair share of the Colorado River because they were not so quick as California in development.
Because Inc. has also brought fiduciary duty claims based in equity, I must also discuss the events leading to the International board's decision to sell the Telegraph Group, and the facts bearing on the equitable considerations that Inc. contends are at stake.
Although California cases have steadfastly maintained that the doctrine is founded upon "equitable considerations" (Peters v. City & County of San Francisco, supra, 41 Cal.2d 431, 431, 260 P.2d 55) and "is based on inherent injustice" (Atchison, T. & S.F. Ry. Co. v. Franco, supra, 267 Cal.App.2d 886, 886, 73 Cal.Rptr.
And therefore also we cannot but hope the equitable considerations, and candour of reasonable minds.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com