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 5  1 February 2005
Features:
Copyright -
In Navitaire Inc. v (1) Easyjet Airline Co & (2) Bullet Proof Technologies Inc., Judge finds that the copyright in the Claimant’s software was not infringed by what was called “non-textual copying”.
Intellectual Property -
In IPC Media v Highbury-SPL Publishing Ltd, the courts give new clues to the treatment of formats in the UK courts.
Trade Marks -
In Société des Produits Nestlé SA v Mars UK Ltd, the Advocate General hands down an opinion on the acquisition of distinctive character of elements of trade marks.
Contract -
In (1) Computer 2000 Distribution Ltd (2) Micro Peripherals Ltd (3) Imago Micro Ltd v ICM Computer Solutions PLC the Court finds that sellers delivered goods under contract and were therefore entitled to payment
Copyright -
In the recent Norwegian Supreme Court verdict, case HR-2005-00133-A, the Court overturns the appeal court’s Napster.no decision, finding the defendant guilty of contributory copyright infringement.
Consumer Credit -
In The Office of Fair Trading v (1) Lloyds TSB Bank PLC (2) Tesco Personal Finance Ltd (3) American Express Services Europe Ltd, Gloster J rules the Consumer Credit Act 1974 does apply to four party transactions but not to “foreign” transactions.
Tax -
In Robertson’s Electrical Ltd v C & E Commissioners (2004), the Edinburgh Tribunal found that VAT on online sales became payable at the end of the cooling off period, not at the time when payment was received.
Spam -
In Jesse Riddle v Celebrity Cruises, Inc. the Utah Court of Appeals rejects arguments that pop-up messages infringe Utah state law regulating unsolicited “electronic messages”.
Advertising -
In A Kant v Pfizer B.V., the Dutch court considered whether information on Viagra available on a website was objective public information or publicity, and concluded the latter, requiring the drug manufacturer and distributor to remove the publicity.
Trade Marks -
In the High Court of Appeals of Hamburg, the Court holds that the use of a competitor’s trade mark as a meta-tag and in white-on-white text is a trade mark infringement.
Contracts -
Ofcom adjudications against O2 (reference: CW/00778/07/04 ) and Wanadoo (reference: CW/00779/08/04) under the Unfair Terms in Consumer Contracts Regulations 1999 require them to change their online consumer contract clauses.
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