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 6  3 August 2006
Features:
Competition -
In Independent Music Publishers and Labels Association v Commission, the European Court of First Instance overturns the Commission’s decision to clear the Sony Corp and Bertelsmann AG joint venture.
Copyright -
In Steinbeck v McIntosh & Otis, Inc., a US District Court terminates the rights of Penguin Group (USA) and Paramount Pictures Corporation to certain early works of John Steinbeck.
Freezing Orders -
In Customs and Excise Commissioners v Barclays Bank Plc, the House of Lords rules on the duties of care owed by banks that have been exposed to freezing orders.
Trade Marks -
In 800-JR Cigar, Inc. v GoTo.com, Inc.,et al., a US District Court issues an opinion on whether the use of a trademark as a ‘keyword’ constitutes trade mark infringement by an internet search engine.
ISP Liability -
In Brein Foundation/Internet Service Providers, the Court of Appeal, Amsterdam, rules that ISPs are not obliged to report the names and addresses of their subscribers in cases of alleged illegal file-sharing.
Libel -
In Al Amoudi v Brisard and JCB Consulting International, a UK court rules on a libel claim concerning internet publication, finding that the claimant must advance reasonable grounds for believing that the material was downloaded and read within the jurisdiction.
Enforcement -
On 4 July 2006, the UK Information Commissioner’s Office, for the first time, issued an enforcement notice against a UK website for contravention of the Data Protection Act.
Money Laundering -
In K Ltd v National Westminster Bank Plc, the Court of Appeal rules on the position of banks that suspect criminal activity in relation to their customers, under the Proceeds of Crime Act.
Patents -
In Maxwell Phillips, the court rules that a method of noting down and composing music through a computer was unpatentable.
Jurisdiction -
In Deutsche Bank Securities, Inc., v Montana Board of Investments, the New York Court of Appeals rules that New York State may assert jurisdiction over a Montana resident who allegedly breached a contract through the use of an instant message.
Domain Names -
In Tom Cruise v Network Operations Center/Alberta Hot Rods, a WIPO Panel finds in favour of the complainant over the use of ‘tomcruise.com’.
Image Rights -
In Nussenzweig v DiCorcia, the New York Supreme Court rules that art is constitutionally protected free speech that is exempt from State privacy laws.
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