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 3  2 June 2003
Features:
Jurisdiction -
In Toys “R” Us, Geoffrey Inc v Step Two, Imaginarium Net the US Court of Appeals considers again the issue of personal jurisdiction based on the defendant’s operation of a website from outside the jurisdiction.
Patents -
MercExchange LLC v eBay Inc et al
John Doe Order -
In Bloomsbury Publishing, J K Rowling v Newsgroup Newspapers the Claimants sought and obtained an injunction against the unknown person who had attempted to sell the transcript of Harry Potter and the Order of the Phoenix.
Sports Rights -
In Oliver Kahn v Electronic Arts GmbH the case involves a claim for the unauthorized use of the name and likeness of a prominent sportsman in an interactive computer game and the use of the likeness in advertisements transmitted on television.
Privacy -
In Michael Douglas, Catherine Zeta-Jones v Hello! the Claimants succeeded in their action for breach of confidence (with an award of nominal damages under the Data Protection Act). However, they failed in their privacy claim when the judge (Lindsay J) effectively ducked the privacy element of the action because of the continuing uncertainty in that area of law.
Jurisdiction -
In Harrods v Dow Jones & Co the decision of the High Court concured with the recent decision of the Australian High Court in Gutnick v Dow Jones & Co, that in the case of a document which appears on the internet, the act of publication occurs both at the point of uploading onto the web page and at the point where the document is downloaded.
Disclosure -
In Anthony Marlton v Tectronix UK (UK) Holdings the Judge followed the line of authority that a computer database is a document and as such is susceptible to disclosure.
Trade Mark -
In DBA Victor’s Little Secret v V Secret Catalogue The US Supreme Court has ruled that Victor’s Little Secret does not infringe the trademark of Victoria’s Secret, the lingerie outlet.
Data Aggregatoin -
American Airlines v Farechase involved a successful application for an injunction by American Airlines against the software company which had developed software which enabled licensees to scrape the American Airlines website for information concerning flight schedules, seating availability and price information.
Patent -
In Technologies and The Regents Of The University Of California v Microsoft, Microsoft successfully applied for Summary Judgment in relation to wilful infringement.
Proof of Identity -
In this case before the Higher Court of Cologne, the Court addressed the issue of an email address as proof of identity at an Online auction
Distance Selling -
OFT approached Virgin Wine Online to revise its terms and conditions in order to comply with the Distance Selling Regulations.
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