Because after all Gucci was only liable for the earnings made by Guess for the sale of the products which had the Quattro G design on the two-tone canvas. Right from the beginning Gucci’s argument was weak. In terms of copyright, you can’t dominate the fundamentals of fashion. But it’s still necessary to protect the smallest difference made in these basics. From what I have learned in this case is that for a trademark infringement judgment to be approved by the courts, the defendant’s damage should result in consumer confusion with the original trademark.
According to section 729 of the Corporations Act, a person has the right to compensation after suffering damage or loss due to an “offer of securities under a disclosure document contravening section 728(1)”. Section 728(1) prohibits individuals from offering securities containing a misleading or deceptive statement. Indeed, a company can only be liable if shareholders launch class action. This means shareholders litigating against a company and its officers for misrepresenting profitability and causing shareholders to purchase shares at inflated prices. For instance, in Dorajay Pty Ltd v Aristocrat Leisure Limited  FCA 19, shareholders launched class action against Aristocrat after acquiring interest in shares and suffering a loss because Aristocrat exaggerated profits and failed to reveal that earnings forecasts will not be met.
After investigation, the EC received a leniency application from several companies. Usually, the starting point for the fine is a percentage of the company’s annual sales of the product concerned by the infringement. However, in this case, the penalty was considered a proportion of the value of the sales of bathroom fittings and fixtures products made by every company involved in the last year of cartel (2003 for most companies), multiplied by the number of years and months each company was involved, plus an additional amount, calculated as a proportion of the value of sales, in order to deter horizontal price-fixing agreements (entry fee) (European Commission,
The appellants had taken goods from the selves of a supermarket and removed the price labels substituting lower priced labels that had been taken from the other goods on offer within the store. Both appellants were charged with theft, one having been apprehended having paid the price that was lower and the other as he was at the checkout. The appeals were based on the argument that their acts were inconsistent with appropriation’s true meaning in that switching price labels did not amount to an assumption of owner’s
v. Microsoft Corp., 447 F.Supp.2d 177(2006) was a patent lawsuit originally filed in the U.S. District Court for the District of Rhode Island. Both Uniloc and Microsoft utilized product registration software intended to reduce unauthorized copying of software. At the district court level, the court granted summary judgment of non-infringement by Microsoft of Uniloc’s patent. The court’s verdict was appealed to the United States Court of Appeals for the Federal Circuit, which reversed and remanded the decision. In their remanded district court case, the jury returned a verdict of infringement, finding Microsoft’s infringement to be wilful, and rewarding Uniloc $388 million in damages.
Chevron Corporation Like all the oil and gas companies, Chevron Corporation has also been directly affected by the collapse of crude oil prices that has continued for more than last one year. Crude oil prices have declined more than 50 % from where it was a year ago. Chevron reported revenue of $ 37 billion in the most recent quarter which was 34 % lower than last year’s $ 56 billion. The company’s net income was $ 571 million in the second quarter of 2015 i.e. 90 % down compared with the income of $ 5.7 billion in second quarter of last year.
The paper “Conservatism in Accounting Part 1: Explanation and Implications” is the first part of a two part series written by Ross L. Watts, where it seeks to examine conservatism in accounting. Part I of Watts’ paper “examines alternative explanations for conservatism in accounting and their implications for accounting regulators” (Watts 2003). Watts defines conservatism as “the differential verifiability required for recognition of profits and losses”. The conservatism adage: “anticipate no profit, but anticipate all losses” can be stated as the precept or motto behind conservatism. Essentially, what Watts is implying is the idea that in order to make a legal claim on any profit or gain a higher degree of verification is required while less
The question is whether the buyer can make some other reasonable use of the non-conforming goods. The buyer loses the right to terminate the contract if it is possible and reasonable to re-sell the goods in the ordinary course of business, albeit for a
Indian Position on the Doctrines of Constructive Notice and Indoor Management Indian courts have shown a certain degree of concern and unwillingness in applying this doctrine to the disadvantage of the third party since the early times. For example in the case of Dehradun Mussourie Electric tramway Co., the issue was that of taking an overdraft by the managing agents without the consent of the board, regardless of the articles of the company prohibiting the directors from delegating the powers to borrow. The doctrine was not applied by the court and it was held that temporary loans are required for day to day working of the business. It was according to the Indian Contract Act. Sections 188 and 189 of the act states that the agent has the power
The light rail transit system also was privatized. Government and Sistem Transit Aliran Ringan (STAR) signed a franchise agreement in December 1992 for Phase One of the project. Government and Indah Water Konsortium signed a RM 6.2 billion concession agreement to privatize the development of the national sewerage system in December 1993. The upgrading and refurbishing of the existing sewerage system and also the construction of new multi-point sewerage system were involved . Malaysia Airline System Berhad (MAS) turned in a loss of RM35 million, because it was hit by high interest rates and high fuel costs.