E-Commerce Law & Policy

Volume: 14 Issue: 1
(January 2012)

News

The Internet Corporation for Assigned Names and Numbers (ICANN) launched its application process for registrars to operate new generic Top Level Domains (gTLDs) on 12 January, rejecting demands by non-governmental organisations (NGOs) and intergovernmental organisations (IGOs) to exclude certain domain ends. / read more

A District Court in California ruled on 10 January that a domain name registrar is not liable for 'cybersquatting' if it redirects web users from a squatted website to another site. / read more

The Federal Trade Commission (FTC) reached - on 8 November 2011 - a settlement with ScanScout Inc. over the online advertising network's use of Flash cookies which consumers' web browser settings could not opt out of, contrary to the company's privacy policy. / read more

Features

Or, more accurately, can your brand? In a novel take on the usual methods of updating an outdated law, the Open Rights Group (ORG) is encouraging members of the public to upload works of parody using copyrighted content to www.righttoparody.org.uk in order to persuade the UK to allow Government copyrighted material to be freely used in works of parody. / read more

Spain
EU
UK / read more

The regulation of consumer protection is set to undergo significant reform at a domestic and EU level that will require online businesses to revise their practices. Consumer rights are set to be strengthened by the changes introduced by the new Consumer Rights Directive. Kerry Gwyther, Partner and head of Corporate Defence at TLT Solicitors, discusses the main changes to consumer protection and the way in which such protection is enforced. / read more

The use of brand names and trade marks as keywords in online advertising has been hotly disputed in recent years. With the Google France case still fresh in mind, the European and national courts have begun to consider other similar cases. In the final instalment of a two-part article, Steven James, an Associate at Latham & Watkins LLP, discusses the key cases that have shaped the current case law. / read more

The General Data Protection Regulation, as proposed by the European Commission (EC), will undoubtedly have an impact on the mobile apps industry. Philip James and Rob Jarrett, of Pitmans LLP, examine the EC's proposals and current applicable law pertaining to mobile apps and discuss whether specific legislation is needed. They also consider whether self-regulation can convince legislators that the industry can adequately police itself. / read more

Employers are increasingly recognising that social media can be a valuable tool in promoting their business. However, this can create issues when employees do not separate personal and professional contacts and wish to move on, perhaps to set up a rival business. Andrew Tibber and Richard Alexander, of Burges Salmon LLP, examine recent case law where the question of ownership of contacts made through social media used to promote a company has arisen, and explain steps that could be taken to protect against such issues arising. / read more

The year ahead promises a number of significant changes in e-commerce law and practice. Nick Johnson, Partner at Osborne Clarke and a Member of our journal's Editorial Board, looks at the key anticipated developments. / read more

Copyrights: Scarlet Extended SA v Societe Belge des Auteurs, Compositeurs et Editeurs SCRL
Trademarks: LV Gaming Ventures LLC v. M Resort Phuket
Trademarks: re Country Music Assoc., Inc. / read more

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About E-Commerce Law & Policy:

The monthly law journal giving authoratitive insights into all aspects of e-commerce law and regulations affecting online business, including domain names, Intellectual property, copyrights, online advertising, behavourial advertising, cloud computing, net neutrality, privacy, cybercrime, social media, trademarks, online sales, licensing and software / read more