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 4  2 July 2004
Features:
Database rights -
In the British Horseracing Board v William Hill, the Attorney General has given her Opinion on questions arising out of the interpretation of the Database Directive (Directive 96/9/EC).
Sponsored searches -
The Advertising Standards Authority has upheld a complaint and required Freeserve (now Wanadoo) to ensure that sponsored links are more clearly identified in the future
Online gambling -
In the Netherlands, the District Court of Arnhem has held in favour of Ladbrokes in their dispute with the national monopoly operator, De Lotto, taking into account the decision of the European Court of Justice in Gambelli.
Image rights -
In Oliver Kahn v Electronic Arts GmbH, the Hamburg Court of Appeals holds that Kahn’s personal privacy as part of his human rights prevailed over the defendant’s rights deriving from freedom of arts as protected by the German constitution.
Jurisdiction -
In Freedman v AOL, the US courts have upheld AOL’s forum selection clause as the exceptional circumstances required to strike it out were not made out.
Trade Marks -
OHIM v Zapf Creation AG (2004) the Advocate General has recommended setting aside the CFI decision allowing registration of the descriptive mark New Born Baby.
Trade Marks -
In the latest Microsoft case against Lindows, the Amsterdam District Court found that Lindows was not in breach of Microsoft’s Windows trade mark when using “Lindows” as a trade name.
Online Gambling -
In I ZR, a German court has considered the liability of an online magazine for hyperlinks to an overseas gambling website.
Privacy -
In Hosking v Runting and Pacific Magazines NZ Ltd, the Court of Appeal (although dismissing the Hoskings’ appeal by a 3-2 majority) held that the common law of New Zealand does recognise a tort of invasion of privacy.
Domain Names -
Several domain name disputes have taken place between cities and organisations who have used the city’s name in their domain name. These disputes have been adjudicated both through the UDRP and the courts.
Deep Linking -
In Norway, the court finds that Napster.no was not in breach of Norway’s Copyright Act by providing deeplinks to sites containing mp3 files.
Privacy -
In an unreported decision, Sebastian Coe failed to obtain an injunction on the basis of the Naomi Campbell privacy test.
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