Jurisdiction is not enough however to rule in favour of EHBO in the end: MF Medical successfully argued - to be short - that EHBO missed an urgency-demanding interest to deal with this matter in summary proceedings.
An important point is that the Presiding Judge finds that the sole refusal of MF Medical to old man EHBO's settlement agreement is not enough - in this particular situation - to assume a urgency-demanding interest that is needed to obtain injunctions in summary proceedings.
Thus the Presiding Judge comes to the conclusion that EHBO misses an urgency-demanding interest with the result that she is found inadmissible in its effects of dating an older man. Relevant is that EHBO wants to act against deliveries from MF Medical predating the date of the trade mark registration: these deliveries can not be found to infringing, because they predate EHBO's trade mark registration.
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The work focused on the one hand on minimizing the size of the canvas sample required for accelerator mass spectrometer radiocarbon measurement on the gas ion source of the MICADAS and, on the other hand, on testing the possibility of dating the organic binder of the paint.
Following careful characterization of the paint composition by X-ray fluorescence spectroscopy, Fourier transformed infrared spectroscopy, and Raman spectroscopy, paints containing no other carbon source than the natural organic binder were identified and dated.