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Trade mark registration attempt for Lego bricks ends in tiny pieces – Lego v OHIM, European Court of Justice

5 October 2010 | Paul Gershlick

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...

Tags on this discussion: brand brand protection branding brands CJEU Court of Justice of European Union Court of Justice of the European Union design distinctive EU EU law European Court of Justice European Union Intellectual property intellectual property rights IP patent Patents shape trade mark trade mark directive trade marks Trade Marks Act trademark

BIS consults on implementation of new E-Privacy Directive

28 September 2010 | Mark Weston

The Department for Business, Innovation and Skills is consulting on plans to implement a new E-Privacy Directive. The European Union law was passed in 2009 and needs to be implemented into domestic law...

Tags on this discussion: cookie cookies data data controller data protection data protection act data protection directive Data Provider data security data subject Directive email emails ePrivacy Directive EU EU law European Union Internet Internet access Internet service provider Online online content personal data privacy spam unsolicited web site web sites Website website content

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

1 September 2010 | Paul Gershlick

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...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

Argentina overturns previous ruling that had made search engines liable for links to content relating to superstars

26 August 2010 | Mark Weston

An Argentinian appeal court has overturned a controversial 2008 ruling in which search engines had been made liable for the content of sites to which those search engines provided links in the results...

Tags on this discussion: defamation e-commerce E-Commerce Directive E-Commerce Regulations EU European Union hyperlink illegal libel link Online online content privacy search search engine search engines search result search term unauthorised unlawful web site web sites Website website content

Government consults on EU proposals to change contract law

24 August 2010 | Mark Weston

The Government is consulting on European Union proposals to reform and harmonise contract law across the EU. The details of the EU’s suggestions were reported here: http://www.mablaw.com/2010/07/european-commission-consults-on-new-eu-wide-contract-law/....

Tags on this discussion: B2B B2C business-to-business business-to-consumer commercial agreement Commercial contract commercial contracts consultation contract contract law contracts cross-border Directive EU Europe European Commission European Union incorporation incorporation of terms Recommendation remedies rights validity

European Commission launches another consultation – this time on the reasons for not having more e-commerce trade

20 August 2010 | Mark Weston

The European Commission has launched its latest consultation. This time, it is asking all interested parties – including retailers, governments and consumers – for the reasons why e-commerce trade...

Tags on this discussion: B2C business-to-consumer contract contract law cross-border e-commerce E-Commerce Directive E-Commerce Regulations EU EU law Europe European Commission European Community European Union Online web site web sites Website

OFT takes action against websites that ‘misled’ consumers into paying a fee for free European health card

18 August 2010 | Paul Gershlick

The Office of Fair Trading has taken action against five websites that the OFT allege misled consumers into paying a fee for a free health card. When UK citizens go abroad within the European Union, they...

Tags on this discussion: brand branding brands consumer consumer laws Consumer Protection from Unfair Trading Regulations deception domain name e-commerce EHIC electronic commerce (EC directive) regulations Electronic Commerce Directive EU Europe European Union Internet misleading selling Office of Fair Trading OFT Online Website

Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

10 August 2010 | Paul Gershlick

DSS was the leading supplier of spare parts for Honda motorbikes. Honda alleged that DSS was infringing its registered trade marks by importing and supplying Honda branded parts which had not been put...

Tags on this discussion: brand branding brands EEA EU European Economic Area European Union exhaustion of rights High Court illegal infringement Intellectual property intellectual property rights IP parallel import trade mark trade mark infringement trade marks unlawful

European Commission consults on new EU-wide contract law

16 July 2010 | Mark Weston

The European Commission is consulting over different possible proposals for a new EU-wide contract law. It has two concerns: one is to make consumers feel that they trust a business based in another EU...

Tags on this discussion: business-to-business business-to-consumer civil code contract contract law contracts cross-border Directive EU European Commission European Union incorporation incorporation of terms Recommendation remedies rights validity

Government launches public consultation on data protection laws

14 July 2010 | Paul Gershlick

The Government has launched a consultation with the public to ask for their opinions on the country’s data protection laws and whether the position can be improved. The consultation has a wide remit...

Tags on this discussion: data data controller data protection data protection act data protection directive data subject EEA EU EU law European Commission European Union ICO Information Commissioner's Office

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Latest news and views tagged EU

Trade mark registration attempt for Lego bricks ends in tiny pieces – Lego v OHIM, European Court of Justice

BIS consults on implementation of new E-Privacy Directive

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

Argentina overturns previous ruling that had made search engines liable for links to content relating to superstars

Government consults on EU proposals to change contract law

European Commission launches another consultation – this time on the reasons for not having more e-commerce trade

OFT takes action against websites that ‘misled’ consumers into paying a fee for free European health card

Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

European Commission consults on new EU-wide contract law

Government launches public consultation on data protection laws

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