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1 June 2002
Features:
Domain Names -
Metalrax Group v Vanci, in which Metalrax succeeded in their bid for an injunction to prevent re-registration of a suspended name.
Domain Names -
Pharmacia AB v Steve Wagstaff in which Pharmacia in a Nominet DRS decision obtained the transfer of a domain name from a critical site on grounds of disruption and confusion.
Trade Mark -
Reed Executive v Reed Business Information in which Reed Executive won a claim for passing off and trademark infringement in the use of the word ‘Reed’ in metatags.
File Sharing -
The Amsterdam Appellate Court held that the file sharing site KaZaA was not in breach of copyright as argued by the Dutch collecting societies for copyrighted music.
Database Rights -
The Dutch Supreme Court partially upheld an appeal by NVM, the Dutch real estate agents society, in its dispute with De Telegraaf and its web search engine El Cheapo as to the protection afforded its database.
Copyright -
The US District Court of California overturned a controversial order requiring SONICblue to develop and install software to record viewers usage of their ReplayTV 4000 video recorder.
Gambling: Seizure of funds -
The US Court of Appeals found for the government in the seizure of funds destined for UK registered gambling site in United States of America v US $734,578.82, US $589,578.82, American Sports ltd and Intercash ltd IOM.
Patent -
The US District Court’s decision on the construction of the patent’s claims in BT v Prodigy, although inconclusive, arguably leaves Prodigy in a more favourable position than BT.
Online Dispute Resolution -
A multi-lingual Online Dispute Resolution service has been launched by two UK companies with the aim of providing ODR services to internet users globally.
ISP Liability -
The Federal Court of Canada has ruled that Internet Service Providers cannot generally be held liable for the use to which their equipment is put in a case that questioned who should pay royalties to copyright owners.
Distance Selling -
In Secretary of State for Trade & Industry v Liquid Acquisitions ltd the winding up of the company was assisted by its failure to adjust its terms of business in accordance with the Distance Selling Regulations.
Data Protection -
The Privacy Commissioner of Canada upholds complaints against Air Canada in forthright adjudication.
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1 June 2002