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Leading Internet Case Law

Volume: 12 Issue: 4

The landslide victory over Samsung in a US District Court, saw Samsung found guilty of willful infringement and liable for damages in excess of $1 billion. But such a ruling does not mark the end of the so called smart phone patent wars. / read more

Companies may have to radically rethink their social media marketing in Australia as a result of decisions by the Advertising Standards Board. Decisions involving Victoria Bitter and Smirnoff confirm the position emerging from Australian courts, that brand owners must take responsibility for user posts on their social media pages. / read more

A recent ruling by the European Court of Justice has provided useful insight into the meaning of Article 5 of Directive 97/7 on the protection of consumers in respect of distance contracts. / read more

The state of on-line banking law in the United States has been clarified by two cases that have set legal precedent: the Bench Trial Opinion in Experi-Metal Inc. v. Comerica Bank, Case No. 2:09-cv-14890, and Patco Construction v. Peoples United Bank, 684 F.3d 197 (1st Cir. 2012), decision by the First Circuit Court of Appeals. / read more

The US Department of Justice recently seized three website domains heralding the latest development in the digital piracy saga., and are all alleged to have distributed Android apps for free and in breach of copyright. / read more

Judges in EU and US courts respectively have applied the idea, expression dichotomy tool to reach an outcome in cases involving software copyright, reaching verdicts that place concepts such as ideas and methods of operation outside the realm of copyright protection. / read more

Companies in the e-commerce space take for granted the enforceability of terms of service contracts posted on websites, but as this recent order suggests some procedural guarantee may be required by courts in the United States. / read more

Samsung sought a declaration that three of its Galaxy tablet computers did not infringe a Community Registered Design belonging to Apple. The High Court Judgement deemed there to be no infringement in the UK. / read more

July 2011 saw stakeholders in the long-running antitrust class action against Visa and MasterCard announce a tentative settlement worth more than $7 billion. If approved, the agreement would bring an end to seven years of complex litigation and give class plaintiffs at least some of the remedies they seek. / read more

The US Federal Trade Commission declared its intention to increase scrutiny of data brokers and screening companies in March, and has enacted this statement through two cases in which it investigated violations of the Fair Credit Reporting Act and the Federal Trade Commission Act respectively. / read more

Recent settlements in the US highlight the use of the Video Privacy Protection Act as a Class Action vehicle against the misuse of personal data within the video rentals industry. / read more

A number of key e-commerce cases are clarifying e-commerce laws in China. One ruling of which made by the First Intermediate Court of Shanghai that Taobao, China’s largest online marketplace, was liable for contributory infringement. / 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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