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Archive for November, 2009

Continuing to offer digital back issues of newspapers infringed photographer’s copyright – Grisbrook v MGN, High Court…

18 November 2009 | Paul Gershlick

Alan Grisbrook, a freelance photographer, supplied photographs to Mirror Group Newspapers for many years. After they had a dispute, he revoked his copyright licence for their continued use. Some of his...
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US Department of Justice investigates IBM over allegations of anti-competitive behaviour…

18 November 2009 | Paul Gershlick

The US Department of Justice is investigating IBM over allegations of anti-competitive behaviour. Reports of the investigation have come from Computer and Communications Industry Association – a computer...
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It is not necessary to show consumer detriment when showing an agreement had the object of distorting competition – GlaxoSmithKline v Commission, European Court of Justice…

18 November 2009 | Paul Gershlick

Glaxo’s Spanish subsidiary notified conditions relating to the sale of its products to Spanish wholesalers, to the European Commission for confirmation that they did not infringe Article 81 of the EU...
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Arbitration clauses can be void if they prevent an agent from benefiting from the EU’s Commercial Agents Directive – Accentuate v Asigra Inc, Court of Appeal…

18 November 2009 | Paul Gershlick

Y was a Canadian software company. It entered into an agreement with X, an English company, for X to distribute Y’s software. The agreement contained a choice of law clause of Canadian law and it said...
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Distributor in breach for failing to use all reasonable endeavours to promote the products, and it could not argue that the contract had been novated to other group company – CEP v Steni, High Court…

18 November 2009 | Mark Weston

S made cladding panels for use in building construction. It appointed H as its exclusive UK distributor for 20 years. After six years, S gave notice to H to terminate the relationship for H’s alleged...
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Contracting parties can continue to exercise rights under contract including right to terminate, even if dispute resolution process has started – Ericsson v EADS, High Court…

18 November 2009 | Paul Gershlick

C contractually agreed to provide D with software and IT services. The dispute resolution clause in the contract provided for mediation and adjudication. A dispute arose. C suggested mediation, to which...
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‘Subject to Contract’ wording does not always work, and once lifted it can’t be reinstated – Jirehouse v Beller, High Court…

18 November 2009 | Paul Gershlick

This case surrounded the use of the words ‘subject to contract’ in correspondence and discussions leading up to an agreement. A binding contract is not formed until the parties intend to enter into...
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Man sentenced to three years in jail for selling pirated software on eBay…

18 November 2009 | Paul Gershlick

A man has been sentenced to three years in jail for selling pirated software on eBay, the popular auction site. The US court also ordered Gregory Fair to pay Adobe Systems US$740,000. Undercover investigators...
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