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Archive for March, 2007

Sending unsolicited photos of aborted foetus is indecent and grossly offensive contrary to Malicious Communications Act – Connolly v Director of Public Prosecutions, High Court

1 March 2007 | Paul Gershlick

Veronica Connolly, a pro-life campaigner, sent photographs of aborted foetuses to pharmacies that stocked the morning-after pill.  She was convicted under the Malicious Communications Act 1988 of the...

European Courts see no confusion between ‘NARS’ and ‘MARS’ trade marks as visual dissimilarity outweighed phonetic similarity in this particular case – Quelle AG v OHIM, European Court of First Instance

1 March 2007 | Paul Gershlick

Mr Nars applied to register the figurative mark ‘NARS’ in a number of classes including footwear.  A German company, Quelle AG, opposed the application as it already had two marks in Germany for a...

Apple Computer agrees coexistence with Cisco and Apple Corps

1 March 2007 | Paul Gershlick

Apple, the company behind the iTunes service and iPod device, has obtained permission from Cisco, the network equipment maker, for use of the term 'iPhone' for Apple's new music-playing mobile phone. ...

Storm rages over premium rate phone lines for television phone-ins

1 March 2007 | Paul Gershlick

The Independent Committee for the Supervision of Standards of the Telephone Information Services (ICSTIS), the body that regulates premium rate charged services in the telecommunications sector, is investigating...

HMRC launches new tax guide for e-traders

1 March 2007 | Paul Gershlick

HM Revenue & Customs has launched a new guide for people who trade online to explain whether they are self-employed, and therefore may be subject to paying income tax and national insurance contributions...

New legislation to hit businesses using contractors that escape IR35 through a loophole

1 March 2007 | Paul Gershlick

The government has published draft legislation which may make third parties liable for unpaid PAYE of managed service companies from this April.  An MSC is a company or partnership which provides workers...

Microsoft stopped dead in its tracks by Alcatel-Lucent for using infringing MP3 technology and must pay $1.5bn in damages

1 March 2007 | Paul Gershlick

Alcatel-Lucent has won its claims for patent infringement against Microsoft. Alcatel-Lucent’s Bell Labs subsidiary owns patents on encoding audio in MP3 format. Microsoft used this in its Windows operating...

Sigh of relief for UK business as RIM remains able to supply Blackberries – Research in Motion v Inpro Licensing Sarl, Court of Appeal

1 March 2007 | Paul Gershlick

Research in Motion, the company behind the Blackberrry wireless communication device, has won a patent case in the Court of Appeal against Inpro.  RIM managed to show that Inpro's patents for mobile devices...

Phone upgrade marketing message cut off as ASA states that opt-out to marketing messages must be clear

1 March 2007 | Paul Gershlick

World Networks sent a misleading marketing message when it offered a mobile phone upgrade to customers on a paid-for list of telephone numbers.  The message said: 'Orange customer, you may now claim your...

British security bodies make over 400,000 requests a year to see communications data from telcos and ISPs

1 March 2007 | Paul Gershlick

British public bodies such as the police, MI5, MI6, GCHQ and others made 439,000 requests in just over a year in 2005-2006 to see communications data from telephone companies and Internet service providers. ...

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