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Archive for February, 2009

ECJ to rule on the right to use another’s trade marks as an Internet search keyword

1 February 2009 | Paul Gershlick

The European Court of Justice (‘ECJ’) is to rule on the right of businesses to use another’s trade mark as an Internet search keyword. Keyword advertising is an important advertising medium for businesses...

Use of trade mark on free promotional goods does not constitute genuine use of that mark, rules ECJ – Silberquelle v Maselli, European Court of Justice

1 February 2009 | Paul Gershlick

The European Court of Justice has ruled that the concept of genuine use was not satisfied where promotional items were handed out free of charge as a reward for, and to encourage, the purchase of other...

Court considers lack of similarity between a trade mark for computer-related goods and services and a trade mark for services merely offered over the Internet – Commercy AG v OHIM, European Court of First Instance

1 February 2009 | Paul Gershlick

The European Court of First Instance (‘CFI’) has considered the similarity between: a trade mark for computer-related goods and services for an e-commerce business offering particular services; and...

EU Trade Marks Registry Board of Appeal rejects Caterpillar’s wide-ranging colour-combination trade mark application – Caterpillar Inc v OHIM, OHIM Board of Appeal

1 February 2009 | Paul Gershlick

The Office of Harmonization for the Internal Market’s (‘OHIM’) Board of Appeal has rejected an application by Caterpillar to register the colours yellow, black and white as a European Community trade...

Air Canada passengers can sleep easily after High Court rules that its flat-bed seats do not infringe Virgin Atlantic’s patent – Virgin Atlantic Airways v Premium Aircraft Interiors, High Court

1 February 2009 | Paul Gershlick

The High Court has ruled that flat-bed seats supplied to Air Canada by Premium Aircraft Interiors (known as ‘Contour’) do not infringe a patent held by Virgin Atlantic Airways for its flat bed airline...

A US Belkin employee offers payment for fake five-star reviews on Amazon.com

1 February 2009 | Paul Gershlick

Belkin has admitted that one of its US employees offered to pay people in exchange for posting positive reviews of a Belkin wireless router. The offer was posted online on Amazon’s Mechanical Turk –...

European Parliament demands that consumers be given rights to take direct action under laws against unfair commercial practices

1 February 2009 | Paul Gershlick

The European Parliament has told the European Commission and EU countries demanding a change in the countries’ laws if they have implemented the Unfair Commercial Practices Directive in such a way so...

ISPs must be more open when advertising broadband speed says Ofcom

1 February 2009 | Paul Gershlick

Ofcom has told Internet service providers (‘ISPs’) that they must be more open with their customers when it comes to advertising broadband connection speeds. In a survey of broadband services in the...

Latest figures reveal over one billion people online worldwide

1 February 2009 | Paul Gershlick

Latest figures from web measurement firm, comScore, has revealed that over one billion people worldwide Internet are now online. The figures cover anyone aged 15 and older viewing the Internet from home...

Microsoft fights back as rival Internet browsers move in on Internet Explorer’s market share

1 February 2009 | Paul Gershlick

Microsoft is fighting back against rival Internet browsers with the latest release of its Internet Explorer browser – IE 8. Microsoft says its IE 8 is faster, easier to use and more secure than its competitors....

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