A recent decision issued by the Irish High Court is welcome news for all website owners.
Stopping screen scrapers: winning the website war
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The decision of the Finnish Supreme Court in the Fujitsu case delivered on 9 March 2010, pursuant to which Fujitsu was ordered to pay almost €3 million to dismissed employees, has relevance for Irish employers, particularly those within an international group.
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Danone’s tertiary brand strategy regained (Matheson Ormsby Prentice)
Compagnie Gervais Danone ( "Danone") owned an Irish trade mark registration for ESSENSIS which was registered amongst other things for yoghurt in class 29.
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Third Anti Money Laundering Directive - the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (A&L Goodbody)
The provisions of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (the Act), were commenced on 15 July 2010.
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User fees for generic drugs - what are the issues? (Sheppard Mullin Richter & Hampton LLP)
On August 9, 2010, the Food and Drug Administration ("FDA") published a notice announcing a public meeting to be held September 17, 2010, "to gather stakeholder input on the development of a generic drug user fee program."
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FR publishes its first Solvency II newsletter (A&L Goodbody)
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There's no 5th Amendment in Second Life (Pillsbury Winthrop Shaw Pittman LLP)
In the real world (at least in the US), the 5th Amendment to the Constitution states, "No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
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Court of Justice rules on another AdWords case (Marks & Clerk)
In July, the Court of Justice of the European Union (CJEU) ruled on the case Protakabin Ltd and Portakabin BV v Primakabin BV in the Netherlands, which involved use of registered trade marks as sponsored keywords.
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Telecom privacy news (Arent Fox LLP)
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Overlooked elements of the Verizon-Google net neutrality proposal (Kelley Drye & Warren LLP)
Earlier this month, Verizon and Google announced an agreement on the vexing issue of net neutrality.
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Online ad network sued over tracking using flash cookies (Hunton & Williams LLP)
On August 18, 2010, a complaint was filed in the U.S. District Court for the Central District of California, alleging that Specific Media, Inc. violated the Computer Fraud and Abuse Act, as well as state privacy and computer security laws, by failing to provide adequate notice regarding its online tracking practices.
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Information Commissioner offers guidance on school photos (Mills & Reeve LLP)
The Information Commissioner has recently issued guidance, specifically aimed at Local Education Authorities and those working within the education sector, addressing the confusion surrounding the taking of photographs and videos in educational institutions.
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ID scanning and privacy issues: new guidelines (Blake Dawson)
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HHS releases proposed changes to HIPAA privacy, security and enforcement rules (Baker Donelson Bearman Caldwell & Berkowitz PC)
On July 14, 2010, Secretary Kathleen Sebelius of the United States Department of Health and Human Services (HHS) published notice in the Federal Register of proposed rulemaking1 aimed at "strengthening" the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security and enforcement regulations (collectively referred to as the "HIPAA Rules") and as required by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which was enacted as a part of the American Recovery and Reinvestment Act of 2009.
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How secure is your customer data? (MacRoberts LLP)
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Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
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Specsavers v ASDA - a real eye-opener? (Herbert Smith LLP)
The High Court has held that one of ASDA's marketing straplines used to promote its in-store optician took unfair advantage of Specsavers' Community Trade Marks (CTM) under Article 9(1)(c) of the CTM Regulation, but rejected its infringement claims made under Article 9(1)(b) and for passing-off.
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Is your trade mark distinctive or just descriptive? (Clayton Utz)
Exotic Limo Pty Ltd applied to register ExoticLimo (stylised) for car hire and chauffeuring services.
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Custom furniture: innovative plan or illegal imitation? (Womble Carlyle Sandridge & Rice PLLC)
Today's Wall Street Journal, San Francisco Bay Area edition, includes a very interesting article on start up furniture companies whose business model includes reproducing popular furniture designs on a custom basis.
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Court of Justice rules on another AdWords case (Marks & Clerk)
In July, the Court of Justice of the European Union (CJEU) ruled on the case Protakabin Ltd and Portakabin BV v Primakabin BV in the Netherlands, which involved use of registered trade marks as sponsored keywords.
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Misrepresentations in advertising material for the proposed sale of land: some lessons from a recent case (Norton Rose)
A recent NSW case has shed useful light on the judicial treatment of misrepresentations in advertising of properties for sale.
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Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
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Boundary dispute over strip of driveway ends up in court (DMH Stallard LLP)
An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently.
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Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
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The Court of Appeal provides guidance on the rules on equitable set-off; Geldof Metaalconstructie NV v Simon Carves Ltd (2010) (Mills & Reeve LLP)
Set-off effectively allows one person to deduct from sums he owes to another, amounts that the other person owes to him.
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Gross negligence in Guernsey contracts (AO HALL Advocates)
As Guernsey lawyers we are often instructed to prepare or review contracts for services, particularly in relation to investment funds.
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Campbell v Augentius Fund Administration (Guernsey) Limited (AO HALL Advocates)
In a decision dated 20 November 2009, the Guernsey Employment & Discrimination Tribunal (“the Tribunal”) upheld complaints of unfair dismissal and sex discrimination against a respondent employer on the grounds of pregnancy.
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Obtaining approval for an investment fund in Guernsey (AO HALL Advocates)
When launching a fund in Guernsey, approval is required from the Guernsey Financial Services Commission ("GFSC") and, in the case of listed funds, the appropriate market authority.
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School holidays: tackling the workplace truant (AO HALL Advocates)
The start of the school holidays brings particular headaches for employers.
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Force majeure clause not triggered by cataclysmic downward spiral of the world’s financial markets (AO HALL Advocates)
The decision in the case of Tandrin Aviation Holdings Limited v AeroToy Store LLC provides a timely reminder of the well-established common law principle that a change in economic or market circumstances, affecting the profitability of a contract or the ease with which the parties' obligations could be performed, is not generally regarded as a force majeure event.
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