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 6  2 June 2006
Features:
Data Transfers -
In C-317/04 and C-318/04, the European Court of Justice annuls the Decisions of the Council and European Commission approving the EU/US Agreement on the transfer of airline passenger data.
Trade Marks -
In Apple Corps Limited v Apple Computer, Inc., the High Court rules in favour of Apple Computer over the use of the apple logo in the delivery of music via its iTunes service.
Patents -
In eBay Inc. et al v MercExchange, L.L.C., the US Supreme Court provides guidance on when permanent injunctions should be granted in cases of alleged patent infringement.
Electronic Signatures -
In J Pereira Fernandes SA v Mehta, the Court rules on whether an email 'guarantee' amounts to sufficient signature to comply with the requirements of section 4 of the Statute of Frauds 1677.
Copyright -
In Haupt v Brewers Marketing Intelligence (Pty) Ltd, the South African Supreme Court of Appeal rules on the ownership of computer software protected by copyright.
Freezing Orders -
In Dadourian Group Int. Inc. v Simms & Ors, the Court of Appeal provides important guidance on enforcing worldwide freezing orders in foreign jurisdictions.
Freedom of Speech -
In Jason O’Grady et al, v The Superior Court of Santa Clara County, the Court rejects Apple Computer’s attempt to compel the publishers of online news websites to reveal confidential sources of information that appeared on their websites.
Direct Marketing -
In Scottish National Party v The Information Commissioner, the Information Tribunal rules that the SNP breached the Privacy Regulations 2003 in its 2005 election campaign.
Domain Names -
In Futbol Club Barcelona v GRN Serveis Telematics, S.L., a WIPO single member panel finds in favour of Barcelona FC over the ‘fcbarcelona.net’ and ‘fcbarcelona.org’ domain names.
Trade Marks -
In Procurator Fiscal v Joseph Gallacher, a Scottish court confirms that in cases of trademark infringement on allegedly counterfeit goods, it must be proven that the use does have the potential to place in jeopardy the guarantee of origin of the mark in question.
Copyright -
In Perfect 10 v Google, a federal district court in California issues a decision on search engines linking to sites where infringing images were displayed and on displaying thumbnail images in response to search queries.
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