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4 November 2001
Features:
Domain Names -
V&S Vin & Sprit Aktiebolag AB, the owners of the trade mark Absolut for vodka, were successful in resisting a High Court, Chancery Division application for a trade mark infringement case, involving an Australian website, to be transferred to Australia.
Domain Names -
America Online Inc v Johuathan Investments Inc and Aollnews.com highlights the difficulties associated with deciding disputes involving ‘protest sites’ using ICANN’s dispute resolution policy.
Domain Names -
1-800 Flowers Inc v Phonenames Ltd was another test of jurisdiction for web based services. This Court of Appeal case was decided in a similar vein to that involving Absolut
Domain Names -
In Tropical Resorts Management & others v Morgan the High Court considered the issue of whether merely owning and not trading under a domain name amounted to passing off.
Data Protection -
In this Advertising Standards Authority adjudication, a complaint was upheld against Boots Company Plc for breaching the right to opt-out of direct marketing.
Database -
In Derpoet.de v *de the Cologne Regional Court granted an interim injunction to stop the framing of material contained in an online database.
Online Gambling -
The United State Court of Appeals rejected an appeal by Jay Cohen, President of World Sport Exchange, a bookmaking company based and licensed in Antigua against his conviction for conspiracy and offences in relation to the Wire Wager Act.
Decryption -
A California Court of Appeal has stripped the motion picture industry of some of its artillery against “hackers” who have posted DVD decryption software on the web.
Patents -
A Federal Appeal Court in Interactive Gift Express v Compuserve Inc. and others upheld a patent claim covering a method of downloading products online.
Online Dispute Resolution -
A new European online dispute resolution project has been launched with the backing of the European Commission.
Email Privacy -
The French Supreme Court found than an employee has a right to private email communications.
Security Payments -
In Business Online Group Plc v MCI Worldcom Ltd the Court of Appeal considered the issue of an appropriate level of security for damages that might be suffered.
Data Protection -
In Norman Baker MP v Secretary of State for the Home Department before the Information Tribunal, it was held that there were not reasonable grounds for a blanket exclusion of MI5 from the Data Protection Act
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4 November 2001