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Jurisdiction in online infringement cases: “substantial link” theory confirmed

Baker & McKenzie
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France
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January 28 2009

In Ferrara v Ministère public (Case 07-87.281, 9th September 2008) the Criminal Chamber of the French Supreme Court has confirmed the applicability of the “substantial link” theory in criminal cases involving the infringement of IP rights on foreign websites

Town hall sentenced to indemnify a sculptor for moral right infringement

Baker & McKenzie
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Spain
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November 30 2011

The Provincial Court of Alicante has issued a judgment holding the owner of a sculpture liable for infringement of the moral right of its sculptor

Maryland federal court refuses to enforce poorly drafted forum selection clause

Baker & McKenzie
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USA
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April 6 2010

In a case that serves as a lesson for drafting forum selection clauses, on 23 February 2010, the US District Court for the District of Maryland determined in Micro Focus, Inc. v. Bell Canada that it could not enforce a forum selection clause that was “nonsensical”

Creation of fake social networking profile infringes privacy

Baker & McKenzie
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France
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February 22 2011

The French High Court of Paris (TGI) sentenced an internet user who created a fake profile of a famous French comedian to pay a 1,500 fine and 2,500 in damages

Court rules on providers' liability for infringing content

Baker & McKenzie
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Russia
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February 13 2012

The Supreme Arbitrazh Court has clarified the tests for holding hosting providers liable for IP rights infringement

New IP Court aims to improve judicial system

Baker & McKenzie
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Russia
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January 9 2012

Legislative amendments have been introduced to establish a specialised court dealing with IP disputes, sometimes referred to as a 'patent court'

How to build an IP rights infringement case

Baker & McKenzie
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France
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January 18 2010

In civil proceedings the burden of proof requires the plaintiff to provide the judge with the relevant documents or information in support of its claim

Deep linking may not constitute copyright infringement

Baker & McKenzie
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France
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July 2 2010

The Court of First Instance of Nanterre has ruled that a web portal that provides a deep link to the website of a software developer where the latter's software can be downloaded does not constitute copyright infringement

Wendy’s is on a roll with super-sized SALT wins

Baker & McKenzie
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USA
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June 19 2012

Wendy’s International, Inc. (“Wendy’s”) recently prevailed in state income tax cases in Virginia and Oklahoma

Florida federal court finds that a “click wrap” end user license agreement is unenforceable because the employees who accepted the terms of the agreement did not have the authority to bind the corporation

Baker & McKenzie
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USA
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April 13 2010

In the case of National Auto Lenders, Inc v Syslocate, Inc, the US District Court of the Southern District of Florida decided that the defendant's "click-to-accept" or "click wrap" end user license agreement (EULA) was unenforceable against the plaintiff corporation in spite of the fact that plaintiff's employees had accepted the terms of the EULA

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Search results

Jurisdiction in online infringement cases: “substantial link” theory confirmed

Town hall sentenced to indemnify a sculptor for moral right infringement

Maryland federal court refuses to enforce poorly drafted forum selection clause

Creation of fake social networking profile infringes privacy

Court rules on providers' liability for infringing content

New IP Court aims to improve judicial system

How to build an IP rights infringement case

Deep linking may not constitute copyright infringement

Wendy’s is on a roll with super-sized SALT wins

Florida federal court finds that a “click wrap” end user license agreement is unenforceable because the employees who accepted the terms of the agreement did not have the authority to bind the corporation

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