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Archive for December, 2006

European Commission criticises Member States for not doing enough to combat spam

1 December 2006 | Paul Gershlick

The European Commission has criticised Member States in the European Union for not doing enough to combat the spread of spam emails.  The Commission said that the EU continues to suffer from the problem...

Application for ‘Chartered Financial Analyst’ fails at UK Trade Marks Registry for including the word ‘chartered’

1 December 2006 | Paul Gershlick

The Chartered Insurance Institute (CII) has successfully opposed a registration application of the ‘Chartered Financial Analysts’ (CFA) by a US entity. It claimed that the name would deceive the public...

Utube sues YouTube for brand confusion

1 December 2006 | Paul Gershlick

Universal Tube, a used-pipe equipment seller, is suing YouTube, the video-sharing website, in the US.  Universal is complaining that millions of web users have gone to its website at utube.com instead...

Game over for Hong Kong company selling Sony’s PlayStations (intended for Japan) to territories outside Japan via website -KK Sony v Pacific Game Technology, High Court

1 December 2006 | Paul Gershlick

Pacific Game Technology sold PlayStation games and accessories made by Sony via its website. Sony had intended the goods being sold to be for the Japan market only. Sony had trade marks and registered...

MySpace blocks unauthorised music

1 December 2006 | Paul Gershlick

MySpace, the social networking website, has announced that it is using blocking technology to stop members from hosting music without the permission of the copyright owner.  If people continue to upload...

Four second wait is too long for most website surfers

1 December 2006 | Paul Gershlick

Three-quarters of surfers would not bother to hang around waiting for a website to load if it was taking more than four seconds.  That is according to research from Akamai, the managed service provider,...

World Wildlife Fund loses on points in fight with wrestling fan for wwf.com ownership

1 December 2006 | Paul Gershlick

The World Wildlife Fund for Nature, the internationally renowned nature organisation with various trade marks for the letters 'WWF', has lost in the latest round of battles with the wrestling world. ...

Care Bears’ failure to pay sufficient care and attention to its domain name portfolio for a long time did not count against it in claim against cybersquatter

1 December 2006 | Paul Gershlick

Those Characters From Cleveland Inc, otherwise known as the supplier and owner of various registered trade marks for the 'Care Bears' stuffed toys, has successfully persuaded WIPO to rule that it should...

Complainant goes back into shell after failing to show that functional purpose exception to design right should be construed widely – Landor v Azure, High Court

1 December 2006 | Paul Gershlick

Landor designed an expander section for a shell suitcase.  The design contained a particular arrangement of piping and zippers.  The suitcases sold well.  Landor found out that Azure was importing similar...

eBay seller’s use of eBay’s VeRO system amounted to an unjustifiable threat – Quads4Kids v Campbell, High Court

1 December 2006 | Paul Gershlick

eBay, the online auction site, operated a system called VeRO (short for Verified Rights Owner), which was intended to help intellectual property owners stop infringement.  If eBay received a report through...

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