|
|
 5  4 September 2005
Features:
Editorial: Copyright v Privacy
Trade Markes -
In Government Employees Insurance Company v Google, Inc., et al. Google settles on the appearance of a trade mark in its search results but the Court dismisses the sale of trade marks as metatags in a claim of unauthorised use of the mark.
Copyright -
In Universal Music Australia Pty Ltd v Sharman License Holdings Ltd, the Australian Federal Court has ruled that the makers of KaZaa peer-to-peer software authorised copyright infringement in respect of the sound recordings of the music label applicants.
Tribunals -
In Flaherty v National Greyhound Racing Club Ltd the Court of Appeal, in overturning a High Court ruling that a sports tribunal hearing was procedurally unfair, expressly recognises the authority of tribunals as regulators.
Copyright -
In Taipei Prosecutors Office v Kuro, et al, the Taipei District Court issues the first criminal conviction of a P2P operator in the world, imposing strict sentences on a website member and those responsible for operating the website.
Tax -
In Borders Online, LLC v State Board of Equalization, the Court finds that an out-of-state online retailer is required to collect taxes from its California customers owing to an ‘agency’ relationship with a California ‘bricks-and-mortar’ retailer.
Trade Marks -
In Alcon Inc v OHIM, the Court of First Instance refuses the application for the mark TRAVATAN due to the likelihood of confusion with the earlier mark TRIVASTAN because of similarities in goods and visual/phonetic elements in the marks.
Employment -
In P. Taylor v Weatherseal Holdings Ltd, the tribunal finds that the claimant had been unfairly dismissed for the alleged abuse of the company electronic mail system and release of sensitive information.
Disclosure -
In the Hamburg Court of Appeal case 5 Civil Division 28 April 2005, a claim for disclosure by a copyright owner against an internet service provider for the identity of a third party is rejected.
Copyright -
In Universal Music Australia Pty Limited v Cooper, the Federal Court of Australia confirms that knowingly linking to websites which make available infringing works can result in liability for authorising infringement.
Discolsure -
In BMG Canada Inc. v Doe, the Canadian Federal Court of Appeal refines the test for court ordered disclosure of personal information in a case involving copyright infringement.
|
|
|
