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Archive for November, 2006

Information Commissioner issues ‘Preliminary Enforcement Notices’ against well-known consumer brands for cold-calling people

1 November 2006 | Paul Gershlick

The Information Commissioner (IC), the UK regulator in charge of enforcing data protection and unsolicited communication laws, has issued preliminary enforcement notices against Toucann Telecom, Carphone...

Matalan and Primark start gang warfare against each other over ‘rebel’ mark used for hoodies

1 November 2006 | Paul Gershlick

Matalan and Primark are budget retailers who sell adults’ and children’s clothing in out-of-town outlets and high streets across Britain. Primark had registered trade marks for ‘rebel’ in relation...

Google gets away with using other people’s trade marks in AdWords in the US

1 November 2006 | Paul Gershlick

Google, the popular search engine, has been sued by Rescuecom, the US computer services business, for Google's AdWords keyword advertising service. The service enables advertisers to sponsor search words,...

Owners of ‘SPAM’ forced to swallow OHIM’s refusal to register ‘SPAM’ as trade marks or the use of ‘spam’ to refer to junk mail

1 November 2006 | Paul Gershlick

Hormel applied to register ‘SPAM’ as a European Community trade mark but failed to get it registered in relation to unsolicited email. Hormel has used the term for its spicy tinned meat for many years....

High Court finds that ‘Smell-alike’ perfumes which got up L’Oreal’s nose infringed trade marks despite not creating customer confusion – L’Oreal v Bellure, High Court

1 November 2006 | Paul Gershlick

This was a case which was reportedly the first successful claim under Section 10 (3) of the Trade Marks Act 1994.  Section 10 (3) protects trade marks which have a reputation in the UK when a third party...

Court of Appeal gives guidance on computer program and business method patents – Aerotel v Telco Holdings, and Neal Macrossan’s Application, Court of Appeal

1 November 2006 | Paul Gershlick

The Court of Appeal has given a ruling which has considered carefully the hot exception to patentability in the IT world of computer programs and business methods.  Under the European Patent Convention,...

Google purchases YouTube for a whole lot of shares

1 November 2006 | Paul Gershlick

Google has bought YouTube, the Internet video site, from its owners, Chad Hurley and Steve Chen, for $1.65 billion in shares. This has caused surprise as YouTube was funded by venture capital funding of...

iTunes copyright protection software circumvented by clever Swedish ‘techie’

1 November 2006 | Paul Gershlick

Mr Jon Lech Johansen, a 'techie' with a history of hacking from Sweden, has cracked code in Apple's iPod by finding a way to circumvent Apple’s FairPlay system. This is the digital rights management...

Report recommends change to calculation of costs of dealing with a FOIA request so more requests could be rejected for being too costly

1 November 2006 | Paul Gershlick

The Freedom of Information Act 2000, which came into force on 1 January 2005, gives people anywhere around the world the right to see information held by more than 100,000 UK public bodies about the way...

Wayne Rooney scores twice with transfer of waynerooney.com and waynerooney.co.uk

1 November 2006 | Paul Gershlick

Nominet, the domain name registry that regulates the domain names ending in '.uk', has accepted Wayne Rooney’s complaint against the owner of ‘waynerooney.co.uk’ and ordered its transfer under its...

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