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Leading Internet Case Law

Volume: 14 Issue: 2

The CJEU handed down a seminal decision confirming what national courts in many Member States already held to be the case: EU law permits the granting of site-blocking injunctions on the basis of Article 8(3) of Directive 2001/29/EC (‘EUCD’). / read more

The Berlin Court of Appeal’s decision concerning Facebook’s ‘Friend Finder’ feature contains important statements on data protection law. It is particularly important for foreign companies doing business in Germany over the internet. / read more

The High Court has ruled that Amazon infringed Lush’s trade mark by using it in search engine keyword advertising as well as on Amazon’s own site in a case that has potentially wide-reaching implications for e-commerce. / read more

In January 2014, the US Department of Justice filed its first settlement as a result of Operation Choke Point with Four Oaks Bank of North Carolina. The settlement, which has yet to be approved by the court, contains a number of ‘lessons learned’ for actors in the payments processor and bank settlement space. / read more

There has been ongoing debate and uncertainty about whether hyperlinking to copyright protected works is allowed under the Directive 2001/29/EC. The European Court of Justice has now answered those questions. / read more

Hulu disclosed data about users’ viewing habits to third parties, which resulted in a class action suit being brought against Hulu. While the case has not yet gone to trial, does the judge’s decision that the privacy class action plaintiff need not demonstrate actual injury, signal a possible deluge of new privacy based class actions? / read more

The German Federal Court of Justice (FCJ) has provided long-awaited clarification as to the treatment of pharmaceutical ads promoted by Google AdWords and confirms admissibility as long as such ads comply with particular standards. / read more

A Prothonotary of the Federal Court considered the tensions between a copyright holder’s interest in policing unauthorised online distribution of their works, and the privacy interests of internet users who allegedly use BitTorrent to infringe copyright. / read more

A California court issued a civil penalty of $6.8 million against over how the company advertised prices on its site and ordered the company to change its practices. Pricing is a thornier issue than most people think; if you advertise sales or other discounts, this case holds some important lessons. / read more

Can Aereo enable customers to watch/record broadcast television over the internet without violating the copyright interests of local and national broadcast companies? There is a split between the Second and Tenth Circuits on this decision. The US Supreme Court will hear oral arguments on the Second Circuit Case in late April 2014. / read more

The Philippine Supreme Court generally upheld the validity of the Cybercrime Prevention Act of 2012, save for three provisions which were rendered to be totally unconstitutional and three provisions which were held to be partly invalid. / read more

Mediaset will be filing an appeal regarding Youtube’s alleged violation of Mediaset’s IP rights. However, the best outcome may be for the two companies to come to an agreement that would result in collaboration between one of the most important media groups in Spain and the most used video-sharing platform in the world. / 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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