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 5  3 July 2005
Features:
Database Rights -
In (1) British Horseracing Board Ltd (2) The Jockey Club & (3) Weatherbys Group Ltd v William Hill Organization Ltd, the Court of Appeal rules that the BHB’s database falls outside the database right created by Article 7(1) of the Database Directive.
Copyright -
In M Perquin - UFC Que Choisir vs Universal Video ; Syndicat Edition de vidéo ; Films Alain Sarde, and Studio Canal, the court affirms the right of a consumer to make a private copy of a DVD, and holds the insertion of an anti-copying mechanism in the DVD illegal.
Copyright -
In Metro-Goldwyn-Mayer Studios Inc. et al v Grokster Ltd., et al the US Supreme Court confirms that distributors of peer-to-peer software can be liable for infringements committed with their software.
Trade Marks -
In Société des produits Nestlé SA (“Nestlé”) v Mars UK Ltd (“Mars”), the European Court of Justice confirms that distinctive character of a mark can be acquired in consequence of use of that mark as part of or in conjunction with a registered trade mark.
Domain Names -
In Societe Air France v Virtual Dates, Inc., a WIPO panel rules in favour of Air France that the domain name ‘airfrancesucks.com’ was an abusive registration under the ICANN Policy.
Contracts -
In Peregrine Systems Ltd v Steria Ltd, the Court of Appeal rules that matters relied upon to terminate contract are insufficient.
Information Rights -
In Real Madrid, Beckham, Zidane and Co v MrBookmaker and Co the court rules that the use of player images and names is not a violation of their privacy under the French civil code.
Interstate Commerce -
In Granholm, Governor of Michigan, et al. v Heald et al., the Supreme Court rules that state wine sale regulations are restrictive and unconstitutional under the Commerce Clause.
eBilling -
Council Directive 2001/115/EC and Value Added Tax (Amendment) (no.6) Regulations 2003 and considerations in eBilling
Trade Marks -
In Phonenames Ltd v 1-800-Flowers.com, Inc. re German Trade Mark “800-Flowers” the court rules the cancellation action based upon Sec. 49 (1) German Trade Mark Act (Revocation for non use) was justified.
Trade Marks -
In (1) Kabushiki Kaisha Sony Computer Entertainment and (2) Sony Computer Entertainment Europe Ltd v Nuplayer Ltd, the court rules on whether a trade mark owner can prevent internet sales in the UK of parallel imports from outside the EEA.
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