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Leading Internet Case Law

Volume: 9 Issue: 2

The High Court dismisses L'Oreal's claims that eBay is liable for counterfeit products posted by sellers, but asks the European Court of Justice to clarify whether eBay's purchasing of 'Adwords' using L'Oreal's name constitutes infringement. / read more

The Ninth Circuit holds that Yahoo! may have forfeited immunity for third-party content under the Communications Decency Act by promising to remove a fake profile, a promise which it is contractually liable to fulfil. / read more

The Court denies a motion for summary judgment to dismiss the New England Patriots' claim that StubHub facilitates the unlawful resale (scalping) of Patriots tickets, allowing the case to proceed to full trial. / read more

A US Court denies Blockbuster's motion to compel arbitration, after a class action lawsuit was launched against it alleging violations of the Video Privacy Protection Act by transmitting information regarding online rentals and purchases to Facebook. / read more

The European Court of Justice provides further clarification on unacceptable levels of extraction under the Database Directive, and reiterates that a database can be protected even if the materials within it cannot be copyright protected. / read more

The High Court refers further questions to the European Court of Justice on whether the use of a trademark for keyword advertising constitutes infringement, after Google changes its policy to allow unrestricted purchase of trademarks as keywords. / read more

The Court agrees with MySpace's defence that it is immune from liability under the Communications Decency Act for a case relating to the sexual assault of a 14-year-old girl by a 27-year-old she had met on the site, and for the subsequent suicide of the girl. / read more

The court ruled that Darba's use of AAA's trademarks on its website extended its activities beyond its home State of Nevada and ordered jurisdiction in California, as Darba failed to present compelling evidence that this would be unreasonable. / read more

A US federal district court holds that a union of Las Vegas law enforcement personnel is shielded from liability for offensive content posted on its website under section 230 of the Communications Decency Act. / read more

A WIPO panellist decides that multiple football clubs can successfully bring a complaint against a single domain name registrant using WIPO's Uniform Dispute Resolution Process, as their complaints were similar enough to meet a consolidation test. / 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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