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ASA tells competitors to try to resolve disputes amicably before involving the ASA

23 October 2011 | Mark Weston

The Advertising Standards Authority has told businesses that they should try to resolve disputes with their competitors before flagging them up with the ASA. The ASA is the industry’s voluntary regulator...

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Tags on this discussion: ad ads advert advertising Advertising Standards Advertising Standards Authority adverts ASA BCAP Code CAP code mislead misleading misleading advert misleading advertisement misleading advertising misleading adverts misleading selling On-line Online online advertising online content web web content web postings web site web site content web sites Website website content websites

Chiquita plays competition law regime leniency card successfully again as European Commission goes bananas over PIG price fixing

19 October 2011 | Paul Gershlick

The European Commission has fined Pacific Fruit nearly €9 million for co-ordinating prices with rival banana importer, Chiquita, over a nine month period in respect of imports into Portugal, Italy and...

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Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law competition law breach competition law regime contract contracts EC Treaty EU competition law European Commission fine illegal leniency TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void

EC publishes report on child safety on social-networking websites

19 October 2011 | Mark Weston

The European Commission (EC) has published a report on child safety on social-networking websites. It is the second report since an agreement was reached with social networking website providers in 2009...

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Tags on this discussion: child protection child safety data data protection EC EU Europe European Commission European Union Internet Online personal data privacy social media social network social networking social networking site social networking website unauthorised unlawful web web site web sites Website website content websites

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

18 October 2011 | Simon Weinberg

PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition Board...

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Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 brand brand protection branding brands breach breach of competition law breaches Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition competition law competition law breach competition law regime competition regime contract contracts distribution distribution agreement distributor EC Treaty EU EU law Europe European Union European Union law fine Internet IP IP protection IPR IPR protection On-line Online online shopping online trading selective distribution TFEU trade mark trade marks trademark trademarks Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable vertical agreement void web content web site web site content web sites Website website content websites

School and Union sign undertakings with Information Commissioner after unencrypted laptops with sensitive personal data on them are stolen

17 October 2011 | Paul Gershlick

The Association of School and College Leaders and Holly Park School have signed separate undertakings with the Information Commissioner’s Office after laptops containing sensitive personal data had been...

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Tags on this discussion: data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws Data Provider data security data subject data theft DPA encrypt encryption ICO information Information Commissioner Information Commissioner's Office misuse of data personal data sensitive personal data undertaking undertakings

Court rules that lottery winner must share windfall with ex-husband

17 October 2011 | Amanda Melton

Nicholas Mostyn has handed down judgment in what is believed to be the first divorce case involving the distribution of a National Lottery windfall. The couple had been married for over 25 years...

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Tags on this discussion: assets Divorce lottery marriage matrimonial asset matrimonial property Mostyn non-matrimonial

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

17 October 2011 | Simon Weinberg | 1 comment

The European Court of Justice (ECJ) has released its ruling in the case of a pub landlady in England who used a decoder card from Greece to show the Premier League football matches live. Karen Murphy used...

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Tags on this discussion: advocates general broadcaster broadcasters broadcasting rights competition law competition regime copyright Copyright Directive copyright infringement copyright owner decoder decoder card domestic broadcast ECJ EU EU competition law Europe European Commission European Court of Justice European law European Union exclusive licence FA FA Premier League football Football Association football broadcast football broadcasting rights football match foreign broadcast foreign decoder foreign decoder card High Court illegal infringement infringement of copyright Intellectual property intellectual property rights IP live football match Member State Member States territorial exclusivity agreement Treaty on the Functioning of the European Union unauthorised unlawful

Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

14 October 2011 | Paul Gershlick

Ate My Heart has succeeded in obtaining a High Court injunction to stop Mind Candy from promoting a song on YouTube and iTunes featuring the fictional character Lady Goo Goo. Ate My Heart was the company...

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Tags on this discussion: brand branding brands confusingly similar confusion consumer consumer confusion dilution download High Court High Court injunction infringe infringement injunction Injunctions Intellectual property intellectual property rights intellectual property rights infringement interim injunction Internet Internet use IP IP infringement IP rights IPR IPR infringement iTunes likelihood of confusion music music downloads music industry music law On-line online content online IP parody tarnish tarnishment trade trade mark trade mark infringement trade marks trademark trademark infringement trademarks unfair unfair advantage YouTube

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

12 October 2011 | Simon Weinberg

Gesner contracted to buy an aeroplane from Bombardier. The contract provided that Gesner could invoke the termination clause if there was a 90 day period of non-excusable delay in delivery. The plane was...

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Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract termination contracts Court of Appeal default fundamental breach High Court material material breach repudiatory breach serious breach terminate termination

ASA calls sunburn photo website competition “irresponsible”

11 October 2011 | Mark Weston

The Advertising Standards Authority has upheld a complaint against DMC Digital’s website after it had run a competition called “earn with your burn” where entrants had to send photos of their sunburned...

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Tags on this discussion: ad ads advert advertisement advertisements adverts ASA CAP code CAP Code breach Internet Internet use On-line Online online content web content web site web sites Website website content websites

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Latest news and views about News

ASA tells competitors to try to resolve disputes amicably before involving the ASA

Chiquita plays competition law regime leniency card successfully again as European Commission goes bananas over PIG price fixing

EC publishes report on child safety on social-networking websites

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

School and Union sign undertakings with Information Commissioner after unencrypted laptops with sensitive personal data on them are stolen

Court rules that lottery winner must share windfall with ex-husband

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

ASA calls sunburn photo website competition “irresponsible”

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