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Leading Internet Case Law

Volume: 13 Issue: 1

The Higher District Court of Bremen - Oberlandesgericht Bremen - ruled that the clause "expected term of delivery: 1 to 3 days" used in general terms and conditions for distance selling is null and void. / read more

The California Supreme Court held that the California Song-Beverly Credit Card Act does not prevent retailers from requiring personal information for online credit card purchases of electronic downloads. / read more

The EU General Court upheld a decision of the Board of Appeal of the Office of Harmonisation for the Internal Market (OHIM), rejecting a Community trade mark application for the word mark PHOTOS.COM. / read more

Rocknroll successfully applied for an injunction to prevent NGN from publishing photographs of him in The Sun newspaper even though the same photos had been available to the public on Facebook. / read more

Most Chinese users of Apple products were not aware that the "official" owner of the App Store is ITunes S.A.R.L, until recent cases decided by Beijingís No. 2 Intermediate Court between eight Chinese authors, Chinese All (plaintiffs) and Apple Electronic Products Trade (Beijing) Co., Ltd. and Apple Inc.(defendants), and ITunes S.A.R.L. / read more

A recent First-tier Tribunal decision upheld the HM Revenue & Customs decision that the price charged to customers by to enable them to access discounted retail prices was, for VAT purposes, consideration for a taxable supply. / read more

The High Court held the claimants in breach of duty of full and frank disclosure, and implied that submitting hacked data as evidence is an abuse of the process of the court. / read more

The Federal Court of Canada will soon be faced with a test of the Copyright Act and the evidentiary standard required to get ISPs to turn over personal information and the ability of the court to manage a case against thousands of defendants while still protecting their rights. The results could shape Canadian internet law for years to come. / read more

The Court of The Hague confirmed that web hosts should promptly respond to notices of infringing content. The ruling marks a landmark victory for rights group Brein, making a file-sharing siteís former host, XS Networks, liable for damages. / read more

In Pacific Stock v. Dream Communications the US District Court for the District of Hawaii found that the defendant, Dream Communications, defaulted in case of willful infringement and Digital Millenium Copyright Act (DMCA) violation. / read more

T 1553/06 "Public availability of documents on the World Wide Web/PHILIPS" and T 2/09 "Public availability of an e-mail transmitted via the Internet/PHILIPS" / read more

In Smith v. Trafford Housing Trust the High Court recognised an employee and their right to freedom of speech on social media, following Smithís disciplinary and subsequent demotion at the Trust for posting a comment on Facebook. / 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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