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Archive for April, 2008

US court rules that trade mark infringed when term used in paid listing heading

1 April 2008 | Paul Gershlick

Storus Corporation owned the US registered trade mark ‘Smart Money Clip’.  Aroa Marketing – a rival – sponsored the term with Google under the search engine’s AdWords scheme so that people searching...

Yahoo! did not infringe trade mark rights by allowing another person to sponsor the same term as the trade mark owner – Victor Wilson v Yahoo! UK Ltd, High Court

1 April 2008 | Paul Gershlick

Mr Wilson ran a business selling Afro-Caribbean and South Asian food under the name ‘Mr Spicy’.  He had registered that name as a trade mark.  He complained that Yahoo!, the search engine, was infringing...

High Court rules that Qualcomm patents are invalid – Qualcomm v Nokia, High Court

1 April 2008 | Paul Gershlick

In 2006 Qualcomm alleged that Nokia’s GSM mobile phone technology infringed patents held by Qualcomm which protected power saving and power control technology. The High Court has ruled that Qualcomm’s...

High Court warns not to dismiss patents just because they relate to software, if they improve performance – Symbian v Comptroller General of Patents, High Court

1 April 2008 | Paul Gershlick

Symbian had applied for a UK patent relating to a method of accessing data in a computing device – specifically data held in a dynamic link library.  The patent application was refused.  Symbian appealed...

More than half of children admit to checking social networking sites during school lessons

1 April 2008 | Paul Gershlick

52% of the 1,000 UK children aged between 13 and 17 taking part in a study by Global Secure Systems admitted to looking at social networking sites whilst in lessons. More than a quarter of those children...

Compulsive gambler loses again as High Court throws out his claim for compensation – Calvert v William Hill, High Court

1 April 2008 | Paul Gershlick

Graham Calvert, a compulsive gambler who lost £2m on gambling in just six months, has lost again - this time in a test case against William Hill, whom he alleged had failed in a duty of care to stop him...

Councils and contractors left with rubbish decision as ICO orders disclosure of confidential waste management contract

1 April 2008 | Paul Gershlick

The Information Commissioner’s Office – the Regulator in charge of UK freedom of information laws – has ordered the disclosure of confidential information in a waste management contract.  Someone...

Software licence agreements fail to provide clear and comprehensive information

1 April 2008 | Paul Gershlick

A survey carried out by the National Consumer Council (“NCC”) of 25 end-user licence agreements for computer software (“EULAs”) has found that the majority of products surveyed failed to provide...

Ireland’s biggest internet service provider becomes the latest target in the crack-down on illegal file-sharing

1 April 2008 | Paul Gershlick

The Irish subsidiaries of four major record labels are suing Eircom, Ireland’s biggest internet service provider (“ISP”), under copyright law for making available copies of music without the owners...

No defence of innocent infringement of Community design rights – J Choo (Jersey) Limited v Towerstone Limited & others, High Court

1 April 2008 | Paul Gershlick

J Choo, owned a European Community registered design for its “Ramona” handbag and also claimed an unregistered Community design right based on a design document. J Choo brought infringement proceedings...

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