You may challenge use of your trademark by someone else in several ways, depending on the factual situation.
The second reason is that the courts may not have the necessary expertise to assess the factual situation.
Whether there is a general justification or a series of specific legal responses to particular factual situations may well be a sterile debate.
Absent any such challenge by the plaintiff to the factual situation, Holmes concluded that plaintiffs have no recourse under law.
As younger writers begin to define themselves and their art, fiction, often emerging from factual situations, is being used by a growing number.
"You can look at that in 20/20 hindsight," he said, "but this seemed to fit the factual situation like a glove."
This simple factual situation raises a number of legal questions:
Uncertainty occurs where the court is not sure whether the statute was designed to cover the factual situation which is before it for decision.
Solem acknowledged that Rummel would apply in a "similar factual situation."
The rapporteur has made an accurate assessment of Europol's current legal and factual situation.