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Court of Appeal gives away possession to ECJ with decision over venue being home or away – Football Dataco Limited v Sportradar, Court of Appeal

8 April 2011 | Mark Weston

Football Dataco Limited (FDL) recently suffered a disappointment in the High Court, where it was decided that the location of the infringement of database rights occurred where data was made available...

Tags on this discussion: appeal CJEU copyright Copyright and Rights in Databases Regulations 1997 copyright infringement Court of Appeal Court of Justice of European Union Court of Justice of the European Union data database Database Directive database right database right infringement databases ECJ EU European Court of Justice European Union extraction High Court illegal infringement Intellectual property intellectual property rights Internet IP IP infringement jurisdiction Online re-utilisation unauthorised unlawful web site web sites Website websites

Sit back and…go to trial – Virgin Atlantic Airways Ltd v Delta Airways Inc, Court of Appeal

16 March 2011 | Simon Weinberg

The Court of Appeal rejected a ruling of the High Court that had granted summary judgment to Delta Airways Inc (“Delta”) in relation to an action brought by Virgin Atlantic Airways Ltd (“Virgin”)....

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts Court of Appeal EPO European Patent Office High Court illegal infringement Intellectual property intellectual property rights IP jurisdiction patent patent infringement Patents summary judgment unauthorised

Star Wars in the Supreme Court – Lucasfilm Strike Back…

23 February 2011 | Mark Weston

In a legal dispute dating back to 2004, the Supreme Court will decide in March whether Star Wars creator George Lucas should be successful in his argument with Andrew Ainsworth and his business Shepperton...

Tags on this discussion: copyright copyright infringement Court of Appeal film Film Studio films High Court infringement Intellectual property intellectual property rights IP IP infringement jurisdiction Supreme Court TV TV & Radio unauthorised

If you’re international, you’re international – Peter Pammer v Reederei Karl Schlüter GmbH & Co KG and Hotel Alpenhof GesmbH v Oliver Heller, ECJ

20 December 2010 | Mark Weston

The European Court of Justice (ECJ) has ruled on the criteria such as an online business with a ‘top-level’ .com or .eu domain name, or that has international dialing codes for phone numbers on its...

Tags on this discussion: agreement agreements B2C Brussels I Regulation business-to-consumer CJEU commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer law consumer laws consumers contract contract law contracts Court of Justice of the European Union domain name domain names domicile ECJ EU Europe European Commission European Court Justice European Court of Justice European Union Internet jurisdiction Online online trading top-level domain name web web site web sites Website websites

Location of infringement of database rights determined by where it was made available online, not where received – Football Dataco v Sportradar, High Court

1 December 2010 | Paul Gershlick

FD created and exploited data relating to English professional football matches. It owned and operated a database called ‘Football Live’, which provided an online service with scores and other match...

Tags on this discussion: copyright copyright infringement database right database right infringement databases defamation High Court infringement Intellectual property intellectual property rights IP IP infringement jurisdiction libel Online online content web web site web sites Website website content websites

Courts must assess jurisdiction clauses in consumer contracts for fairness – VB Penzugyi v Schneider, European Court of Justice

30 November 2010 | Paul Gershlick

Under European Union law, business-to-consumer contracts are regulated by the Unfair Contract Terms Directive. A business’s standard terms must be reasonable in order to be enforceable. This extends...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws consumers Court of Justice of European Union Court of Justice of the European Union Directive EU EU law Europe European Court of Justice European Union European Union jurisdiction fair fairness jurisdiction unfair Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulations

Material hosted on US server broke English criminal law – R v Sheppard and Whittle, Court of Appeal

18 February 2010 | Mark Weston

People could be convicted of criminal offences under English laws despite their material being published in a US server, the Court of Appeal has ruled. The defendants had been involved with writing or...

Tags on this discussion: Court of Appeal criminal law cross-border jurisdiction server

Applicability of jurisdiction clause by reference needs to be absolutely clear if incorporated by reference to another contract – AEL v Socofi, High Court

7 January 2010 | Mark Weston

This case had complex facts and several parties involved, but the main players were AEL (a liner carrier between Africa and Europe), Socofi (a French fruit importer) and DAM (a fruit grower in Africa)....

Tags on this discussion: contract court application High Court jurisdiction legal rule Terms & conditions

New rules to govern which country’s laws apply come into force on 17 December

17 December 2009 | Mark Weston

Whenever contracting parties enter into some form of cross-border agreement, it is a good idea to agree which country’s laws apply and where any disputes would be held. Since 1980, an understanding in...

Tags on this discussion: contract law contracts cross-border jurisdiction Rome Convention Rome I Regulation

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Latest news and views tagged jurisdiction

Court of Appeal gives away possession to ECJ with decision over venue being home or away – Football Dataco Limited v Sportradar, Court of Appeal

Sit back and…go to trial – Virgin Atlantic Airways Ltd v Delta Airways Inc, Court of Appeal

Star Wars in the Supreme Court – Lucasfilm Strike Back…

If you’re international, you’re international – Peter Pammer v Reederei Karl Schlüter GmbH & Co KG and Hotel Alpenhof GesmbH v Oliver Heller, ECJ

Location of infringement of database rights determined by where it was made available online, not where received – Football Dataco v Sportradar, High Court

Courts must assess jurisdiction clauses in consumer contracts for fairness – VB Penzugyi v Schneider, European Court of Justice

Material hosted on US server broke English criminal law – R v Sheppard and Whittle, Court of Appeal

Applicability of jurisdiction clause by reference needs to be absolutely clear if incorporated by reference to another contract – AEL v Socofi, High Court

New rules to govern which country’s laws apply come into force on 17 December

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