European Union « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged European Union

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

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

16 August 2010 | Paul Gershlick

Specsavers was a famous money-saving optician and had registered trade marks for its name and two overlapping ovals logo. Asda was re-launching its optician service. Specsavers objected to the logo and...

Tags on this discussion: brand branding brands comparative advertising detriment EU law European Union High Court infringement Intellectual property intellectual property rights IP logo trade mark trade mark infringement trade marks Trade Marks Act unfair unfair advantage

IBM becomes latest IT giant to be investigated by European Commission over possible competition law issues

11 August 2010 | Paul Gershlick

The European Commission is investigating whether IBM has abused its dominant position contrary to Article 102 of the Treaty of the Functioning of the European Union (formerly Article 82 of the EC Treaty)....

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 Article 82 competition competition law EC Treaty European Commission European Union hardware illegal IT Software TFEU Treaty on the Functioning of the European Union tying unlawful

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

Survival of the fittest as one participant in animal feed cartel gets total immunity from €175m fine

9 August 2010 | Paul Gershlick

Five members of an animal feed cartel have received a hefty €175m fine from the European Commission for breaching Article 101 of the Treaty on the Functioning of the European Union (formerly Article...

Tags on this discussion: agreement anti-competition anti-competitive anti-trust Article 101 Article 81 cartel commercial agreement competition competition law EC Treaty European Commission European Union fine horizontal agreement illegal price price fixing TFEU Treaty on the Functioning of the European Union unlawful Whistleblower Whistleblowing

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

Several High Street names not operating within Distance Selling Rules

16 July 2010 | Mark Weston

A BBC investigation has discovered that some retailers are not operating within consumer laws imposed by the Consumer Protection (Distance Selling) Regulations 2000. Many are giving out false information...

Tags on this discussion: breach breach of contract business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations contract contract law contracts cooling off period distance selling directive Distance Selling Regulations DSR EU law European Union Internet Online online shopping trading standards unenforceable unlawful void web site web sites

Latest input tagged European Union

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

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

IBM becomes latest IT giant to be investigated by European Commission over possible competition law issues

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

Survival of the fittest as one participant in animal feed cartel gets total immunity from €175m fine

European Commission consults on new EU-wide contract law

Several High Street names not operating within Distance Selling Rules

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