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Leading Internet Case Law

Volume: 11 Issue: 1

The Court of Justice of the European Union held that the Software Directive cannot protect a computer's graphic user interface (GUI). However, a GUI can be protected by copyright under the Information Society Directive if it is the author's 'own creation'. / read more

A French first instance court ruled that Google and its Managing Editor were liable for defamation, as defamatory online search suggestions were not entirely controlled by the Google algorithm but could possibly be influenced by human control. / read more

The Southern District of New York granted the owners of The North Face and Polo Ralph Lauren brands the authority to shut down counterfeiting websites, transfer the domain names and seize the money made from the relevant sales. / read more

The Court of Justice of the European Union held that if a business 'targets' customers in a foreign Member State, any legal action against the customer will have to be undertaken in the jurisdiction where the customer lives. / read more

A US appeals court rejected a law that creates restrictions on the use of medical prescription-related information, on the basis that the law violated the First Amendment right of commercial speech. / read more

The United States Court of Appeal for the Federal Circuit upheld the lower court's decision to grant a new trial on damages to exclude the entire market value evidence, thus confirming that damages must rely on a causal link between the invention and related sales. / read more

The UK High Court held that the Defendant had acted with malice by deliberately sending out an email with defamatory allegations he believed not to be true to several hundred of the Claimant's professional contacts. / read more

The UK Court of Appeal held that the implied licence to use photographs in a newspaper did not cover subsequent online exploitation. A newspaper publisher had therefore infringed the photographer's copyright over his pictures. / read more

The Austrian Supreme Court referred to the Court of Justice of the EU to determine the competent jurisdiction in the case of an alleged trademark infringement through the use of Google's AdWords by a person in another Member State. / read more

A French court held that PMU, the French horseracing incumbent, had acted in 'bad faith' by attempting to preserve a monopoly over marks that were essential to any potential competitors' activity. / read more

The Appellate Division of the New York Supreme Court held that the 'Amazon tax' does not violate the US Constitution. The Court also ruled that more evidence is needed to assess whether the legislation is unconstitutional as applied to the case. / read more

About Leading Internet Case Law:

The bi-monthly case law publication providing expert analysis of key cases relating to the internet. Topics covered include intellectual property rights, copyright infringements, ISP liability, online advertising, distance selling regulations, privacy law, social networking, telecoms, and domain name disputes / read more

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