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Leading Internet Case Law

Volume: 2 Issue: 3

.info dispute - fan site found not to be true fan site - domain name transferred to complainant / read more

The User Agreement and arbitration clause were substantively unconscionable under California Law and arbitration could not be compelled. PayPalís application was denied. / read more

Plaintiffs were not bound by the SmartDownload licence agreement and thus were not bound by the arbitration clause. / read more

Approximation of laws - Trademarks - Directive 89/104/EEC - Article 5(1)(a) - Scope of the proprietorís exclusive right to the trademark. / read more

A tribute website is prima facie an Abusive Registration and the burden of proof lies with the Respondent to prove otherwise, and without Prejudice correspondence would be admissible evidence / read more

The court held that under TDG s8 (2) a telecommunication service provider is not obliged to control information transmitted or hosted by it, nor to investigate for circumstances indicating illegal activity / read more

Complaints against Greenock and Premium Call GmbH

ICSTIS takes action under derogations from E-commerce Directive, fines Greenock £75,000 and Premium Call £50,000 and bars access to both services for two years / read more

The case was settled by a Tomlin Order which effectively prevents Jobserve from implementing its policy in the terms of the interim injunction for so long as it remains in a dominant position / read more

Judge held that no jury could have found that Prodigy infringed the Patent, whether directly or contributorily, either as part of the Internet or on its web server / 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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