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2 August 2002
Features:
Metatag -
In Reed Executive v Reed Business Information in which Reed Executive won a claim for passing off and trademark infringement in the use of the word ‘Reed’ in metatags, our commentator questions the reasoning concerning metatags.
Domain Names -
The Complainant, PwC Business Trust failed, perhaps somewhat surprisingly, to recover the domain name ‘pwc.com’ on behalf of the global financial and accountancy firm PricewaterhouseCoopers.
Online Contracts -
In Kanitz v Rogers Cable the Ontario Superior Court of Justice gave an interesting decision allowing variation of the terms of a contract through electronic means alone.
Unsolicited e-mails -
In MonsterHut Inc v PaeTec Communications Inc an ISP’s right to terminate a client’s contract for spamming was confirmed.
Distance Selling -
The UK Office of Fair Trading believes a ‘full’ refund will include the cost of postage and packing.
Jurisdiction -
In Australian Competition & Consumer Commission v Hughes (t/a Crowded Planet) owner/controller of US-based website found liable in Australia for breaches of the Australian Trade Practices Act
Jurisdiction -
In Bonnier Media ltd v Greg Lloyd Smith and Kestsrel Trading Corporation in the Scottish Court of Session, Lord Drummond Young after a survey of existing UK cases came to a forthright view on when jurisdiction claims are appropriate
Libel -
In George Firth v State of New York the court held that those policies that had led to the adoption of the single publication rule were also applicable to the posting of material on a website.
Deep Linking -
In Danish Newspaper Publishers Association and others v Newsbooster ApS The Copenhagen Bailliff’s Court found that deep linking contravened the European Database Directive.
Patent -
In Catalina Marketing International Inc v Coolsavings.com, Court of Appeal’s rulings favour Catalina. Where the District Court had earlier decided that the claims of Catalina’s twenty year old patent were too narrow to catch Coolsavings.com’s on-line coupon system.
Disclosure of Material -
Application dismissed for a judicial review of a decision which had granted an application to the Chief Constable of Suffolk Constabulary for a special procedure material order under s.9 and schedule 1 of the Police and Criminal Evidence Act 1984 (‘PACE’).
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2 August 2002