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ITV told to mind the law, and be careful talking about it

7 November 2011 | Mark Weston

Ofcom, the UK communications regulator, has ruled that ITV breached the BCAP Code when interviewing the actress Amanda Holden on morning television. The Code specifies what broadcasters can and cannot...

Tags on this discussion: Amanda Holden BCAP BCAP Code BCAP Code Breach BCAP COde Compliance brand branding brands broadcast broadcast rights broadcaster broadcasters broadcasting broadcasts communications regulator illegal infringement ITV morning television Ofcom Ofcom ruling QualitySolicitors television TV undue prominence unlawful

US website loses battle for passing off as reputation amongst UK users not enough to establish goodwill if it does not have customers – Plentyoffish Media v Plenty More, High Court

4 November 2011 | Simon Weinberg

The operator of a US dating website, Plentyoffish, opposed an application by Plenty More, a UK dating website, to register a figurative trade mark using the words “plenty more fish”. Plentyoffish argued...

Tags on this discussion: brand branding brands date dating dating website domain name figurative trade mark goodwill goodwill passing off High Court infringement Intellectual property intellectual property rights Internet IP Online online content passing off reputation reputation passing off trade mark trade mark registration trade marks Trade Marks Act 1994 unauthorised unlawful web web site web sites Website website content websites

BT given 14 days to block access to Newzbin2 – Twentieth Century Fox Film Corporation and others v BT, High Court

3 November 2011 | Mark Weston

Following the recent ruling of the High Court which ordered BT to block its users’ access to Newzbin2, an illegal file-sharing and download website, the High Court has now confirmed the details of the...

Tags on this discussion: BT BT Cleanfeed copyright copyright holder copyright infringement copyright owner court order Designs and Patents Act 1988 file-sharing film film studios High Court High Court order illegal illegal file-sharing illegal website content infringement Intellectual property intellectual property rights Internet Internet access Internet piracy Internet service provider Internet service providers IP IP address IPR ISP ISPs Newzbin Newzbin2 online content order rights-holder rights-holders twentieth century fox twentieth century fox film twentieth century fox films unauthorised unlawful web web sites Website website access website block website blocking website content websites

Rise in requests for content removal from Google

2 November 2011 | Mark Weston

As part of it bi-annual transparency report, Google has revealed that, for the period of January to June of this year, there has been a 71% increase in requests for content to be removed from its services,...

Tags on this discussion: content content removal data data protection defamation Google illegal infringement Internet national security Online online content privacy removal of content security unauthorised unlawful web web site web sites Website website content websites YouTube

Samsung seeks injunction to stop Apple iPhone 4S in four countries as Samsung is stopped from selling products for alleged infringement of Apple’s patents

31 October 2011 | Simon Weinberg

Samsung’s and Apple’s patent tit-for-tat spat continues apace, with Samsung seeking injunctions in Australia, France, Italy and Japan to stop Apple’s sales of the iPhone 4S. Samsung has recently...

Tags on this discussion: infringement injunction intellectual property rights intellectual property rights infringement IP IP infringement IP rights IPR IPR infringement IT patent patent infringement patent infringements Patents

Failed judicial review of the Digital Economy Act to be appealed

28 October 2011 | Mark Weston

Earlier this year, BT and TalkTalk, the Internet services providers (ISPs), brought an unsuccessful application for judicial review of the Digital Economy Act to the High Court, and then subsequently were...

Tags on this discussion: BT copyright copyright infringement Court of Appeal DEA Digital Economy Act Digital Economy Act 2010 file-share file-sharer file-sharing High Court illegal infringement Intellectual property intellectual property rights Internet Internet access Internet service provider Internet service providers IP ISP ISPs judicial review Online TalkTalk unauthorised unlawful web web site web sites Website website content websites

ASA reiterates that card surcharges must be well indicated

26 October 2011 | Mark Weston

The Advertising Standards Authority (ASA) has upheld a complaint that it received in relation to a website that was not clear about credit and debit card surcharges. The website had added a £1 or £2...

Tags on this discussion: advert advertising Advertising Standard Authority adverts ASA CAP code card surcharge commercial agreement Commercial contract commercial contracts consumer consumer contract Consumer Rights Directive contract contract law contracts credit card credit card surcharge debit card debit card surcharge e-commerce EU EU law European Union European Union law illegal infringement Internet job advertisements marketing marketing campaign misleading misleading advertising Office of Fair Trading OFT Online online content online payment method payment payment method surcharge unauthorised unlawful web web site web sites Website website content websites

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...

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...

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

European Union does not (yet) sign controversial ACTA treaty

4 October 2011 | Mark Weston

The European Commission has, for now at least, not taken part in a signing ceremony held by Japan to a new controversial international treaty. Various countries around the world, together with the European...

Tags on this discussion: Acta copyright counterfeit EU Europe European Commission European Union infringe infringement Intellectual property intellectual property rights infringement IP IP infringement IP rights IPR IPR infringement Treaty

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Latest news and views tagged infringement

ITV told to mind the law, and be careful talking about it

US website loses battle for passing off as reputation amongst UK users not enough to establish goodwill if it does not have customers – Plentyoffish Media v Plenty More, High Court

BT given 14 days to block access to Newzbin2 – Twentieth Century Fox Film Corporation and others v BT, High Court

Rise in requests for content removal from Google

Samsung seeks injunction to stop Apple iPhone 4S in four countries as Samsung is stopped from selling products for alleged infringement of Apple’s patents

Failed judicial review of the Digital Economy Act to be appealed

ASA reiterates that card surcharges must be well indicated

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

European Union does not (yet) sign controversial ACTA treaty

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