5
2 May 2005
Features:
Trademarks -
In O2 Holding Limited & (2) O2 UK Ltd v Hutchison 3G UK Ltd, Judge refuses to refer questions to ECJ concerning interpretation of Trade Marks Directive and Misleading Advertising Directive.
Trademarks -
In The Gillette Company and Gillette Group Finland v LA-Laboratories Ltd ECJ rules that it is permissible to use the trademark of another to indicate the purpose and compatibility of a product.
Libel -
In Jameel v Dow Jones & Co the Court of Appeal restricts the right of claimants to sue for libel using the English courts.
Privacy -
In Beckham and another v Gibson, the court refuses to grant an injunction restraining nanny from revealing details of private lives.
Disclosure -
The High Court of Appeals of Frankfurt am Main rejects application by copyright owner against internet access provider for disclosure of identity of third party.
Gambling -
In Bundesverfassungsgericht 1 BVR 223/05 the German Constitutional Court raises significant doubts on the compatibility of German cross-border gaming restrictions with European law.
Freedom of Establishment -
In Marks & Spencer plc v David Halsey (HM Inspector of Taxes) the Advocate General opines on UK group rules contravening freedom of establishment.
Broadcasting -
In American Library Association v Federal Communications Commission the court rejects rule regulating treatment of digital broadcast signals.
Spyware -
In Beverly Ann O’Brien v James Kevin O’Brien the court confirms that evidence obtained through spyware ‘inadmissible’.
WTO: Gambling -
In Antigua & Barbuda v USA both sides claim victory following WTO Appellate Body’s Report on US restrictions of remote gambling.
Discipline -
In Council for the Regulation of Healthcare Professionals v General Dental Council & another, court finds sanctions imposed on dentist guilty of downloading child pornography inadequate.
Document Disclosure -
In R v K, the Court of Appeal orders retrial following discovery of juror reading undisclosed documents before giving verdict.
5 
2 May 2005