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Leading Internet Case Law

Volume: 9 Issue: 1

The US Court of Appeals for the Second Circuit reverses a district court dismissal of Rescuecom's complaint, exploring trademark use for competing advertising in terms of the 'use in commerce' definition under the Lanham Act. / read more

The UK High Court rejects an argument that wording within a software licence agreement means that maintenance fees for that software need only be paid if the customer elects to purchase software maintenance. / read more

Contrary rulings in two almost identical copyright cases illustrate the difficulty presented to US judges when deciding on the correct venue for hearing cases involving websites. / read more

The European Court of Human Rights (ECHR) rejected a Times Newspapers application that a UK court's finding that it had libelled a businessman through internet publication was a disproportionate restriction of freedom of expression under Article 10 ECHR. / read more

A US federal district court refuses to enforce an electronically executed arbitration agreement where an employer's inadequate system security procedures undermined the employer's ability to prove that the employee executed the agreement. / read more

The High Court rules that a trader's lack of knowledge of VAT fraud in its supply chain does not mean that its entitlement to reimbursement cannot be challenged ≠ it should have known its transactions were more than likely to be implicated in VAT fraud. / read more

The High Court strikes out a case involving defamation on a blog site, as in allowing the posting to remain on the site, the claimant consented to publication and no evidence was presented of publication prior to discovery of the posting. / read more

A US Court of Appeals holds that an online hotel room re-seller is not subject to hotel occupancy taxes as it doesn't fit a definition of 'retailers' under the State's sales tax code, as it isn't a businesses of a type similar to hotels, motels, tourist homes or tourist camps. / read more

A US district court denies a motion to dismiss the plaintiff's vicarious copyright infringement claim, but dismisses all state law claims as pre-empted by the federal claims. / 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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