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Leading Internet Case Law

Volume: 14 Issue: 6

In the first decision of its kind granting a blocking order against ISPs regarding the sale of counterfeit goods online, the High Court held that trade mark owners are able to obtain orders against ISPs to block access to websites selling infringing articles. / read more

On 24 November 2014, the FCC announced plans to fine two telecommunications carriers - TerraCom, Inc. and YourTel America, Inc. - a total of $10 million for failing to protect certain customer data. / read more

The CJEU confirmed its position that to constitute communication to the public, a work must either be communicated to the public by a different technical means than the original communication, or by the same technical means but to a new public. / read more

Since the first wave of CASL provisions came into force, there have been more than 140,000 complaints; however only one investigation and enforcement action has been reported on in a 7 October 2014 press release, which provides very little guidance. / read more

On 25 September 2014, the Italian Data Protection Authority (the ‘Garante’) issued Order number 427 in relation to the unlawful use of personal data for marketing purposes, which reaffirms the importance of securing informed explicit consent. / read more

The Supreme Court ruled that Google and and other ISPs are not liable for content of third parties if the ISP does not have knowledge of the allegedly infringing material or, having been informed, acts expeditiously to remove access to such material. / read more

Once again Google has come under scrutiny. On 16 September 2014, a French Court issued for the first time a decision enforcing the European Court of Justice’s 13 May 2014 right to be forgotten ruling (‘the ECJ ruling’), by ordering the search engine to remove defamatory statements from its list of search results. / read more

The CAT for the first time overturned a decision by the then OFT, in an investigation into the terms on which rooms were sold in hotels through online travel agents. The CAT’s ruling could reopen questions as to the legality of such arrangements in the UK. / read more

A judgment was handed down in South Africa’s first Google AdWords case. What differentiates this case from cases decided elsewhere is that the action was based on unlawful competition as the keyword at issue was an unregistered trade mark. / read more

An Israeli District Court ruled in September that advertisements posted on websites as the result of the use of services provided by Google do not constitute spam according to the Israeli anti-spam law. / read more

The Court ruled that website operators will be held liable where the seller whose products are sold through the operator’s website infringes another party’s trade mark / read more

A California Court has found that the ‘look and feel’ of a website is protectable trade dress and suggests nuances for pleading and maintaining the claim, in a decision that marks the emergence of a new field of law. / 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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