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Leading Internet Case Law

Volume: 4 Issue: 5

‘National Security Letters’ Violate 1st and 4th Amendments / read more

ECJ rules BHB cannot protect its rights in its database of horseracing information / read more

Anti-Doping rules do not infringe the competition rules of the EC Treaty / read more

Court of Appeals holds that the District Court could not exercise personal jurisdiction over LCRA and UEJF / read more

The centruy old rule in Bonnard v Perryman which established the test to be applied Iin the application for interim injunctions in defamation should still be applied notwithstanding the subsequent European Convention on Human Rights 1950, The Human Rights Act 1998 S.12(3), and subsequent authority / read more

Court of Appeal of the State of California holds that a Defendant website owner with actual or constructive knowledge will not gain immunity against liability for objectionable material posted by a user on his site, but an exclusion clause within the User Agreement relieves the Defendant of such liability. / read more

Where exclusive jurisdiction under Article 16 of the Lugano Convention is an issue, the court in which exclusive jurisdiction is vested may determine its own jurisdiction and need not stay the case pending determination by the court first seised. / read more

Incorporating hyperlinks on websites offering gambling in Germany without the necessary licence constitutes an unfair trade practice / read more

The Court of Appeal has upheld the decision allowing the boxing promoter Don King to bring a libel claim in England in respect of two articles posted on US websites, even though both the parties are mainly resident in the US. / read more

ECJ Rejects Registration of a Number of Three-Dimensional Trade Marks for Torches. The mere fact that a shape is a “variant” of a common shape is not sufficient to establish that the mark is sufficiently distinctive to be registered. / read more

Victory for Antigua in WTO gambling dispute against the United States / 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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