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UK High Court holds that eBay is not liable for trade mark infringements by its users

Herbert Smith Freehills LLP
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United Kingdom
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May 27 2009

On 22 May Arnold J handed down the much awaited judgment in L'Oreal v eBay

Parliament to take on piracy for a digital Britain

Herbert Smith Freehills LLP
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United Kingdom
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June 22 2009

A consultation paper has been launched on legislation designed to incentivise and unite the regulator, content owners and internet service providers together to reduce illegal peer-to-peer (p2p) file sharing by more than 70

Bad Phorm Britain - UK laws fail to protect confidentiality of communications says European Commission

Herbert Smith Freehills LLP
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European Union, United Kingdom
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April 29 2009

The European Commission has launched infringement proceedings against the UK government, claiming that European rules on e-privacy and data protection have been inadequately implemented in Britain

Government proposes stronger measures against file sharers including cutting them off

Herbert Smith Freehills LLP
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United Kingdom
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August 25 2009

Following the release of the Digital Britain final report and a consultation on the implementation of new legislation aimed at tackling p2p file sharing in June, the Government has now announced its intention to toughen the list of sanctions that might be imposed on file sharers, to include the temporary suspension of internet connections

Digital Economy Act 2010 is now law but its anti-piracy measures are only halfway there

Herbert Smith Freehills LLP
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United Kingdom
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April 13 2010

After much controversy and criticism, the Digital Economy bill has now made it into law, having been passed through the legislative 'wash-up' procedure that preceded the dissolution of the Government

Misleading and unfair advertising - the Advertising Standards Authority complaints by competitors

Herbert Smith Freehills LLP
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United Kingdom
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February 28 2011

Complaints to the Advertising Standards Authority ("ASA") are often brought by businesses seeking to challenge the advertising activities of their competitors

Interflora - the sweet smell of success, or a muted victory for trademark owners?

Herbert Smith Freehills LLP
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European Union, United Kingdom
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September 26 2011

In Interflora v Marks & Spencer, the Court of Justice ("CJEU") has provided some clarification on the scope of trade mark protection where a competitor uses a registered mark as a keyword

Judicial review of the Digital Economy Act 2010 upholds online infringement provisions but lets ISPs off the hook on costs

Herbert Smith Freehills LLP
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United Kingdom
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May 3 2011

On an application for judicial review of the Digital Economy Act 2010 ("DEA") brought by BT and TalkTalk, the High Court has held that the DEA's provisions on online infringement, which oblige ISPs to assist in identifying copyright infringers are compatible with EU law

Extension of the Advertising Standards Authority's digital remit

Herbert Smith Freehills LLP
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United Kingdom
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February 1 2011

From 1 March 2011, the Advertising Standards Authority's ("ASA") digital remit will be extended to include advertisers' own marketing claims on their own websites and in other non-paid-for space under their control, such as social networking sites like Twitter and Facebook

The Court of Appeal confirms that obligations imposed under the Digital Economy Act 2010 upon ISPs relating to unlawful file-sharing by their subscribers comply with EU law

Herbert Smith Freehills LLP
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United Kingdom
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March 16 2012

The Court of Appeal has dismissed BT's and TalkTalk's challenge to the enforceability of obligations imposed on ISPs under the Digital Economy Act 2010 relating to unlawful file-sharing by subscribers and has confirmed that such obligations comply with EU law

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