Archive for October, 2009

Exclamation mark not distinctive enough to be registrable – Joop v OHIM, European Court of First Instance

1 October 2009 | Paul Gershlick

Joop! has lost its legal battle to get a solitary exclamation mark registered as a European Community Trade Mark. OHIM – the European Community Trade Mark Office – had denied Joop!’s trade mark application...

Founder gets new business off to worst possible start with all sorts of intellectual property infringements against his former employer – First Conference Services v Bracchi, High Court

1 October 2009 | Paul Gershlick

Richard Bracchi tried to get his new business up and running as quickly as possible when he copied various data from his old employer and then gave the impression that he was somehow connected to them...

Mobile phone networks face fines of 10% of turnover for mis-selling consumer contracts

1 October 2009 | Paul Gershlick

Mobile phone networks and retailers could be fined up to 10% of turnover if they fail to stop mis-selling. These are addition rules which have been imposed on the industry by Ofcom, the UK telecoms regulator....

Skype founders and new owners in IP licence spat

1 October 2009 | Paul Gershlick

The two founders of Skype - the Internet telephone service - and their company, Joltid, are suing eBay, which bought the Skype service for US$3 billion in 2005. They are also suing people who have more...

US telecoms regulator insists on net neutrality

1 October 2009 | Paul Gershlick

The Federal Communications Commission – the influential US telecoms regulator – has insisted on net neutrality. This means that Internet traffic must be treated in the same way by Internet service...

More money now spent on online advertising than television ads

1 October 2009 | Paul Gershlick

The decline in advertising revenues for television stations and its replacement with online advertising spend has continued apace, with online advertising overtaking the television medium for the first...

Different description of scope of services in outsourcing contract can avoid TUPE impact – OCS v Jones, Employment Appeal Tribunal

1 October 2009 | Paul Gershlick

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (more commonly known as TUPE), employees are automatically transferred when there is a relevant transfer. This applies not...

Government consults on new rule that would give online defamers immunity for ever if no one complains within the first year

1 October 2009 | Paul Gershlick

The government is looking at changing the law with regard to how long someone has to bring a defamation claim for material posted online. For decades, the rule has been that someone can only start an action...

UK OK but not great for broadband capability

1 October 2009 | Paul Gershlick

The UK is 25th out of 66 countries measured for the quality of their broadband networks, according to a survey by Cisco, the networking equipment supplier. The survey looked at download speeds, upload...

Suppliers can’t charge consumers for use made of goods that are returned under Distance Selling Regulations – Pia Messner v Firma Stefan Krueger, European Court of Justice

1 October 2009 | Paul Gershlick

Under the European Union’s Directive on distance selling, which has been implemented into English law through the Consumer Protection (Distance Selling) Regulations 2000, consumers have certain rights...

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Archive for October, 2009

Exclamation mark not distinctive enough to be registrable – Joop v OHIM, European Court of First Instance

Founder gets new business off to worst possible start with all sorts of intellectual property infringements against his former employer – First Conference Services v Bracchi, High Court

Mobile phone networks face fines of 10% of turnover for mis-selling consumer contracts

Skype founders and new owners in IP licence spat

US telecoms regulator insists on net neutrality

More money now spent on online advertising than television ads

Different description of scope of services in outsourcing contract can avoid TUPE impact – OCS v Jones, Employment Appeal Tribunal

Government consults on new rule that would give online defamers immunity for ever if no one complains within the first year

UK OK but not great for broadband capability

Suppliers can’t charge consumers for use made of goods that are returned under Distance Selling Regulations – Pia Messner v Firma Stefan Krueger, European Court of Justice

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