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4 1 June 2004


Features:

  • Sports rights - The recently published Decision of the Office of Fair Trading gives detailed guidance on the OFT’s views on when and how the collective selling of media rights may be appropriate.
  • Privacy - In Naomi Campbell v MGN Ltd, the House of Lords has overruled the Court of Appeal and established an actionable right for the unjustifiable disclosure of private information.
  • Database rights - In IMS Healthcare, the European Court of Justice sets out guidance on when a refusal to grant a licence of intellectual property rights will be an unlawful abuse of a dominant position.
  • Privacy - In the first case of its kind in Norway, the Hamar District Court has found that a message placed in a chat room was offensive and an invasion of privacy in breach of the Norwegian Criminal Code.
  • Spam - The German Supreme Court of Justice has ruled on the legality of unsolicited emails under German unfair trade practices law.
  • Trademarks - The European Court of Justice has held that where there exists a likelihood of aural confusion between a word mark and an indication of the geographical origin of a product, the use of the indication need only comply with honest practices in industrial and commercial matters.
  • Trademarks - In Shield Mark BV v Joost Kist, trading as Memex, Case C283/01, the ECJ gives guidance on the graphic representation of sounds as trademarks.
  • Sport - The Inland Revenue’s first challenge to the operation of the Football Creditor Rule has been dismissed by the High Court.
  • Trademarks - Decisions by the European Court of Justice in two cases, Biomild and Postkantoor, given on the same day, provide further guidance to trademark owners on the registrability of descriptive marks.
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