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Information Commissioner’s Office set to get tough with public bodies that fail to comply with Freedom of Information Act

23 July 2010 | Paul Gershlick

The Information Commissioner’s Office – the UK’s information regulator – is set to get tough with public bodies that fail to comply with the Freedom of Information Act 2000. The Act gives people...

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ASDA ad complaint upheld for suggesting that consumers having 100 day guarantee was additional to their legal rights

23 July 2010 | Paul Gershlick

The Advertising Standards Authority has upheld a complaint that ASDA’s advert was misleading because it was highlighting the benefits to consumers of its 100 day guarantee. It was misleading because...

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Public sector staff have culture of inappropriate snooping on personal data

23 July 2010 | Paul Gershlick

About 30 public sector staff have been sacked in the last year for inappropriately snooping on personal data that had come from the Department for Work and Pensions’ Customer Information System. The...

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High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

23 July 2010 | Paul Gershlick

Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about...

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Comedians don’t see the funny side as they claim copyright infringement for stealing their gags

23 July 2010 | Paul Gershlick

Keith Chegwin has been accused of stealing another comedian’s gags – a charge he strenuously denies. But are jokes copyrightable? In theory, yes. But copyright only protects the expression of an idea....

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Story in online archives should be amended or removed when ‘responsible journalism’ defence ceases to apply – Flood v Times Newspapers, Court of Appeal

23 July 2010 | Paul Gershlick

This case involved a defamatory report containing allegations about Flood, a policeman. At the time of the story being published, The Times Newspapers argued that it had a defence called ‘Reynolds privilege’...

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Don’t be so casual with use of easy name and up your game, Stelios tells easyJet

23 July 2010 | Paul Gershlick

Stelios Haji-Ioannou – the founder of easyJet - has told the airline that it must improve its performance if it wants to continue using the ‘easy’ name. Although he was the founder, his family are...

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E-tailers watch out: OFT on drive to increase consumer awareness and enforcement

23 July 2010 | Paul Gershlick

The Office of Fair Trading is on a drive to increase the education of consumers shopping online, so that they are more aware of their rights and what to do if things go wrong. The OFT is also keen to ensure...

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Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

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Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

23 July 2010 | Paul Gershlick

Wayne Rooney had assigned his image rights to S, to act on his behalf with negotiating sponsorship deals. P agreed with S whereby P would act on behalf of S for exploiting some those rights. The agreement...

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