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Leading Internet Case Law

Volume: 9 Issue: 5

The Advocate General finds that displaying trademarks in a search list as key word triggers does not lead to any confusion as regards the origin of the goods. / read more

A Canadian court holds that an internet user's 'expectation of privacy' depends on consent to the Service Agreement concluded with the internet service provider (ISP), which would enable the ISP to hand over personal information to the authorities. / read more

The European Court of First Instance rules that an exclamation mark cannot be registered as a community trademark due to issues relating to the essential distinctiveness criteria, upon which registration is dependant. / read more

A US Federal Court of Appeals holds that a corporation is a person and, as such, can have a 'personal privacy' right entitled to protection under the Federal Freedom of Information Act. / read more

A UK court of appeals refers a case involving honest concurrent use of two identical trademarks to the European Court of Justice, to find out its interpretation of the Trade Mark Directive's acquiescence and infringement provisions. / read more

A US federal district court rules that an e-mail obtained during a government search of a suspect's e-mail account cannot be used as evidence, because the affidavit was incorporated in the warrant pursuant to which the search was conducted. / read more

A German court holds that the broadcast of online TV service Zattoo is illegal without the original right holders' consent. The consent of collecting societies and broadcasters is irrelevant. / read more

The European Court of Justice finds that proof of the reputation of a Community Trademark in a single EU Member State can suffice to grant it the specific protection of trademarks with a reputation in the EU. / read more

A Swedish court recently ruled that the use of certain expressions by UK gambling operator Ladbrokes, in Sweden, did not amount to a misleading commercial advantage, under the Swedish Marketing Practices Act. / read more

A US District Court holds that third party access to user data on a social networking site - although authorised by the users themselves - constitutes copyright infringement and a violation of the networking site's terms of use. / 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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