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Archive for December, 2008

Facebook spammer ordered to pay record damages of $873m by a US court

1 December 2008 | Paul Gershlick

A US court has ordered a spammer to pay damages of US$873m to Facebook for hacking into members’ profiles and bombarding users with four million junk mail messages. This was a record payout under the...

Spammers only need to convert one email out of every 12.5 million into a sale to make a profit

1 December 2008 | Paul Gershlick

To make a profit, senders of spam (or unsolicited) email only need to get one person out of every 12.5 million emails that they send to buy something.  For that reason, it still pays to send out lots...

Lego builds on its list of defeats as it fails to register its brick as a trade mark – Lego v OHIM, European Court of First Instance

1 December 2008 | Paul Gershlick

Lego applied to register the three-dimensional shape of a traditional Lego brick as a registered trade mark in Europe in 1999. An objection to the application was filed by a competitor toy brick company...

European Court of First Instance rules that national courts must decide on circumstances as to revocation for five-year period for non-use – Rajani v OHIM, European Court of First Instance

1 December 2008 | Paul Gershlick

Rajani applied to register ATOZ as a European Community trade mark.  His application was published in October 2001.  Artoz-Papier AG opposed the application based on its conflicting prior registration. ...

European Court ruling makes it very hard to argue that third party is diluting its trade mark – Intel v CPM, European Court of Justice

1 December 2008 | Paul Gershlick

Intel - the computer chip-maker - owned various trade marks in the ‘Intel’ mark.  CPM registered ‘Intelmark’ for marketing and telemarketing services.  Intel applied for a declaration of invalidity...

Tax threshold rises for imports, making non-EU goods cheaper

1 December 2008 | Paul Gershlick

HM Revenue and Customs has introduced some pre-Christmas cheer for cash-strapped consumers.  It has increased the point at which customs duty is applied for online purchases from outside of the EU, from...

Phones 4U commits to changing practices which breach consumer protection legislation

1 December 2008 | Paul Gershlick

Phones 4U Limited has committed to changing a number of its practices which breach consumer protection laws relating to the sale of mobile phones and related contacts. Ofcom secured the undertakings from...

ASA finds ZV Snore Solution Spray name is misleading

1 December 2008 | Paul Gershlick

The Advertising Standards Authority (‘ASA’) has found that the name ZV Snore Solution Spray is likely to mislead consumers into thinking the product could cure snoring – a claim which the producer...

Revised TV and radio advertising codes published

1 December 2008 | Paul Gershlick

Revised versions of the Television Advertising Standards Code and the Radio Advertising Standards Code have been published by the Broadcast Committee of Advertising Practice (‘BCAP’). The changes take...

Claim against Second Life avatar leads to questions as to whether the courts have jurisdiction over virtual worlds

1 December 2008 | Paul Gershlick

A claim for trade mark infringement made against an avatar - a 3D representation of a real person - operating in the Second Life virtual world has led to questions being asked as to the extent of the jurisdiction...

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