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eBay not liable for counterfeit Tiffany products sold in US

20 April 2010 | Paul Gershlick

Tiffany has lost a legal action brought against eBay in which the jewellery shop sought to hold the popular online auction site liable for sales made of counterfeit products through its online platform....

Tags on this discussion: brand brand protection brands counterfeit eBay European Court of Justice High Court Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks

Digital Economy Act to cost millions of pounds for ‘innocent’ ISPs

20 April 2010 | Mark Weston

The newly passed Digital Economy Act will cost at least £15m a year to Internet service providers. Those figures have been revealed from a Government consultation document. They just cover the estimated...

Tags on this discussion: copyright copyright infringement Digital Economy Act Digital Economy Bill file-sharing illegal Intellectual property intellectual property rights Internet Internet connection Internet service provider ISP peer-to-peer unlawful

Digital Economy Bill passes through Parliament in controversial ‘wash up’ process before anyone has a chance to say ‘cut off’

15 April 2010 | Mark Weston

The Digital Economy Bill has been passed by the House of Commons without much chance for Parliamentary debate with the aim of getting it on the statute books before the General Election - a process known...

Tags on this discussion: copyright copyright infringement Digital Britain Report Digital Economy Act Digital Economy Bill file-sharing illegal Intellectual property intellectual property rights Internet connection Internet service provider ISP peer-to-peer unlawf wash-up

Arguments of being innocent host in copyright infringement case sent to bin – Twentieth Century Fox v Newzbin, High Court

8 April 2010 | Paul Gershlick

The operators of the Newzbin web site – which provided helpful tools to enable people to share unauthorised content such as films – infringed the copyright owners’ content in providing that service...

Tags on this discussion: bulletin board common design contract contracts copyright copyright infringement file-sharing films High Court hyperlink illegal Intellectual property intellectual property rights Newzbin online content peer-to-peer Terms & conditions unauthorised unlawful Usenet web site

French file-sharing on the rise despite a change in the law

29 March 2010 | Mark Weston

Illegal online file-sharing behaviour has increased in France by 3% since a law was passed in late 2009 (the "three-strikes law") which allowed persistent pirates to be thrown offline. A small-scale study...

Tags on this discussion: copyright copyright infringement Digital Economy Bill file-sharing Intellectual property peer-to-peer

European Court of Justice applies recent ruling in Google v Louis Vuitton case, but we’re still none the wiser of the implications – Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmueller v Guenter, European Court of Justice

26 March 2010 | Paul Gershlick

As reported here, the European Court of Justice has recently ruled on the long-awaited Google v Louis Vuitton case, concerning the extent to which brand owners, competitors and search engine providers...

Tags on this discussion: AdWords brand brand protection branding brands comparative advertising e-commerce ECJ European Court of Justice Intellectual property intellectual property rights Internet referencing service provider keywords search engine search engines search term trade mark trade mark infringement trade marks

European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice

26 March 2010 | Paul Gershlick

In an eagerly-awaited judgment, the European Court of Justice has ruled on whether use of a trade mark term for the purpose of creating a sponsored advert and getting higher up the search results could...

Tags on this discussion: AdWords brand brand protection branding brands comparative advertising e-commerce E-Commerce Directive E-Commerce Regulations ECJ Electronic Commerce Directive European Court of Justice expeditious host hosting Intellectual property intellectual property rights Internet referencing service provider keywords Louis Vuitton search engine search engines search term trade mark trade mark infringement trade marks

Account of profits sometimes claimable as remedy for breach of confidentiality and sometimes not, depending on the nature of the duty – Vercoe v Rutland, High Court

25 March 2010 | Paul Gershlick

V&P had approached R about a possible acquisition of a company called H&T. V&P and R had entered into a confidentiality agreement about this. In breach of that agreement, R bought H&T without...

Tags on this discussion: account of profits breach breach of contract confidential information confidentiality contract contract law contracts damages fiduciary duty Intellectual property intellectual property rights Mergers and acquisitions tort

Entertainment value really hots up in on-going YouTube / Viacom spat

24 March 2010 | Mark Weston

The gloves have certainly come off in the legal spat between YouTube and Viacom. Viacom – the owner of masses of media and entertainment content – is suing the popular video-sharing web site in the...

Tags on this discussion: copyright copyright infringement Digital Millennium Copyright Act illegal Intellectual property intellectual property rights unauthorised

Internet piracy could cost over one million European jobs by 2015

22 March 2010 | Mark Weston

The growth in illegal peer-to-peer file-sharing on the Internet has a real impact on the European economy. There will be a loss of over one million jobs across Europe by 2015 and over £200bn due to the...

Tags on this discussion: copyright copyright infringement debill Digital Economy Bill download file-sharing illegal Intellectual property intellectual property rights peer-to-peer privacy unlawful

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Latest news and views tagged Intellectual property

eBay not liable for counterfeit Tiffany products sold in US

Digital Economy Act to cost millions of pounds for ‘innocent’ ISPs

Digital Economy Bill passes through Parliament in controversial ‘wash up’ process before anyone has a chance to say ‘cut off’

Arguments of being innocent host in copyright infringement case sent to bin – Twentieth Century Fox v Newzbin, High Court

French file-sharing on the rise despite a change in the law

European Court of Justice applies recent ruling in Google v Louis Vuitton case, but we’re still none the wiser of the implications – Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmueller v Guenter, European Court of Justice

European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice

Account of profits sometimes claimable as remedy for breach of confidentiality and sometimes not, depending on the nature of the duty – Vercoe v Rutland, High Court

Entertainment value really hots up in on-going YouTube / Viacom spat

Internet piracy could cost over one million European jobs by 2015

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