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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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