Latest news and views tagged Court of Justice of the European Union
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The Home Office has recommended a change in the laws relating to interception of communications. A complaint had been made to the European Commission following BT’s controversial trial of the Phorm targeted...
Private copying levies on blank CDs to businesses not allowed – SGAE v Padawan, European Court of Justice
The European Union’s Copyright Directive allows countries to permit unauthorised copying of copyright works, as long as the copying is for private use and there is ‘fair compensation’ to copyright...
Only initial confusion needed for trade mark infringement – Och-Ziff Management Europe Limited v OCH Capital LLP (High Court)
The High Court has ruled that only initial confusion at the commencement of the purchasing process, that one company is another, is needed for a trade mark infringement claim.
In this case, Och-Ziff...
European Commission takes UK to court over failure to protect privacy and data
The European Commission has announced that it is taking the UK to the European Court of Justice for failure to properly implement European Union rules protecting protection of data and privacy. The issue...
Trade mark registration attempt for Lego bricks ends in tiny pieces – Lego v OHIM, European Court of Justice
Lego has lost a 14 year battle to register the shape of its toy pieces as trade marks. This does not affect its ability to register its name – just the shape. Distinctive shapes are registrable as trade...
Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal
M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...
Skype admits to losing trade mark battle with Sky
Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company’s...
Google announces relaxation in policy towards use of registered trade marks as keywords
Google has announced a relaxation of its policies involving the sponsoring of other people’s trade marks as keywords. Sponsoring keywords triggers adverts when Internet users search on those terms. The...
High Court asks European Court to answer whether copying software programming language, interfaces and functionality infringes copyright – SAS v WPL, High Court
SAS had developed analytical software called the SAS System over a number of years and was a giant in the market for software that enabled users to carry out analysis of data. One key element was its own...
ECJ gives guidance to objecting to use of trade marks in keywords – Portakabin v Primakabin, European Court of Justice
The European Court of Justice has given guidance as to when registered trade mark owners can complain about the use of their marks by people who bid for them to appear high up search engine results.
In...