|
|
 5  6 January 2006
Features:
Freedom of Establishment -
In Marks & Spencer plc v David Halsey (Her Majesty's Inspector of Taxes), the European Court of Justice gives a judgment on whether the UK group relief rules constitute a restriction on the principle of freedom of establishment.
Competition -
In At The Races Ltd & Anr v The British Horse Racing Board & Anr, the High Court rules that a sports governing body has abused its dominant position under UK competition law.
Defamation -
In John Doe No. 1 v Patrick Cahill and Julia Cahill, the Delaware Supreme Court rules on whether a plaintiff can discover the identity of an anonymous defendant who had posted allegedly defamatory messages on the internet.
Remote Gambling -
In Compagnie Financiere Regionale B.V. v The Ministers of Justice and of Economic Affairs, a Dutch court finds that the state gambling monopoly is not compliant with the Treaty of Rome and the European Commission finds the state legislation is inconsistent with the findings of the ECJ in the Gambelli case.
ISP Disclosure -
In Lycos v Pessers and Brein v ISPs, the Dutch Supreme Court and the Utrecht District Court rule on the obligation placed on ISPs to disclose subscribers' personal data.
Copyright -
In BMG Music, et al., v Cecilia Gonzalez, the US Court of Appeals for the Seventh Circuit issues an opinion on the fair use implications of internet file-sharing by a specific end user.
Misleading Advertising -
In The Office of Fair Trading v The Officers Club Ltd, the High Court rules that it is a criminal offence to use an advertisement which gives a misleading price indication that is likely to affect the behaviour of consumers.
Trade Marks -
In the decision of the Hamburg District Court, 12 Civil Division, 25 October 2005, the Court rules that the application and registration of World Cup trademarks is abusive under German competition law.
Distance Selling -
In (1) Interfact Ltd (2) Pabo Ltd v Liverpool City Council, the Court confirms that the sale of pornographic video recordings by distance selling is unlawful under section 12 of the Video Recordings Act 1984.
Patents -
In Shopalotto.com Limited (unreported), the Court upholds a decision of the comptroller dismissing a patent application for "a computer apparatus configured to provide a lottery playable via the internet."
Trade Marks -
In Intel Corporation v Retd. Admiral B.R. Vasant & others, the Delhi High Court issues an injunction restraining the defendant from using "Intelsoft" or other names/marks similar to "Intel".
|
|
|
