|
|
 4  5 November 2004
Features:
Privacy -
In Doe v Ashcroft 334 F.Supp.2d 471 (S.D.N.Y. 2004) court holds that “National Security Letters” Violate 1st and 4th Amendments.
Database Rights -
In Case C-203/02, The British Horseracing Board Ltd and others v William Hill Organization Ltd, the ECJ rules BHB cannot protect its rights in its database of horseracing information.
Sport -
In Case T-313/02, Meca-Medina and Majcen v Commission, judgment of the Court of First Instance of 30 September 2004, the CFI holds that the anti-doping rules do not infringe the competition rules of the EC Treaty.
Jurisdiction -
In Yahoo! v La League Contre Le Racisme et L’Antisemitisme, 379 F.3d 1120, 2004 U.S. App., the Court holds that personal jurisdiction may only be exercised against a non-US resident if that person had done something to “purposefully avail himself of the benefits of that jurisdiction.”
Libel -
Martha Greene v Associated Newspapers Ltd case confirms that Bonnard v Perryman test should still be applied in application for interim injunctions in defamation.
Libel -
In Roger M. Grace v eBay Inc. 22 July 2004 the Court of Appeal of the State of California holds that a website owner with actual or constructive knowledge did not gain immunity against liability for objectionable material posted by a user, but an exclusion clause within the User Agreement relieved the Defendant of liability.
Jurisdiction -
Speed Investments Ltd v Formula One Holdings Ltd 20 July 2004 (unreported). Where exclusive jurisdiction under Article 16 of the Lugano Convention is an issue, the court in which exclusive jurisdiction is vested may determine its own jurisdiction and need not stay the case pending determination by a court first seised.
Linking -
Gewinnidee eSolutions GmbH v Sedo GmbH High Court of Appeals of Hamburg, Germany rules that hyperlinks to websites offering gambling but which do not have the necessary licence required by German law constitute an unfair trade practice.
Libel -
In King v Lewis and others, the Court of Appeal upholds decision allowing the boxing promoter Don King to bring a libel claim in England.
Trademarks -
In Mag Instrument Inc v OHIM, the ECJ rejects registration of three dimensional marks for torches.
Gambling -
The decision in United States - measures affecting the cross-border supply of gambling and betting services (WT/DS285/R) 10 November 2004 is published confirming victory for Antigua in WTO gambling dispute against the United States.
|
|
|
