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 3  5 April 2004
Features:
EU Competition -
In Commission v Microsoft, the European Commission has found that Microsoft has infringed Article 82 of the EC Treaty.
SMS Marketing -
The Advertising Standards Agency have revised their adjudication concerning Carphone Warehouse. They decided that prior consent to receive SMS marketing did not require a tick box.
VAT -
In United Utilities v Customs & Excise Commissioners, the Court of Appeal found that an agent providing call centre facilities for a bookmaker was not a bookmaker and did not fall within the betting exemption for VAT purposes.
Spam -
The Dutch Supreme Court has held in XS4All Internet BV v AB FAB Interactive Media Group BV and AB FAB BV that an ISP (XS4All) was entitled to an injunction to stop Ab Fab sending unsolicited commercial emails to XS4All customers without the ISP’s prior consent.
ISPs -
In I-Way and VIA Net.works v World Online Telecom and Tiscali, a telecommunications company was held to be in breach of an agreement with an ISP in attempting to divert customers to its own server.
Trademarks -
In Reed Executive and Reed Solutions v Reed Business Information and Reed Elsevier and totaljobs.com, the Court of Appeal overturned the leading decision in the UK on the use of trademarks in metatags.
Confidential personal data -
In Michael Douglas and Catherine Zeta-Jones v Hello! and others, the court allowed the claim to proceed on two approaches, awarding whichever turned out to represent the greater sum.
Premium rate services -
In ICSTIS’s adjudication against BW Telecom, ICSTIS imposes fine of £75,000 for sending unsolicited emails indirectly promoting premium rate online adult entertainment site, breaching several provisions of the ICSTIS.
Confidential information -
In Maddock v Devon County Council, the Court has taken a pragmatic approach to the issue of confidentiality and human rights.
Cybercrime -
In United States of America vs Zuccarini, Mr Zuccarini became the first person to be sentenced under America's Trust in Domain Names Act for having used misleading domain names to deceive minors into viewing obscene material on the internet.
Trademarks -
In Mr. Tan Hian Tsin and the Crocodile International v La Chemise Lacoste, a Chinese court has ruled to protect the copyright in the crocodile device associated with the Singaporean-based Crocodile International
Gambling -
WTO Dispute Resolution Panel reportedly found that the US is violating its commitments under GATS by not providing market access and/or national treatment to Antiguan and Barbudan internet gambling services.
Gambling -
WTO Dispute Resolution Panel reportedly found that the US is violating its commitments under GATS by not providing market access and/or national treatment to Antiguan and Barbudan internet gambling services.
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