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Court of Appeal overturns High Court decision in Interflora v Marks & Spencer
- Kingsley Napley
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- United Kingdom
- -
- April 11 2013
The Court of Appeal in (1) Interflora Inc (2) Interflora British Unit v Marks & Spencer Plc 2013 EWCA Civ 319, overturned the decision of the High
Fifty Shades of Grey and fan fiction: do you own your user-generated content?
- Duane Morris LLP
- -
- USA
- -
- March 12 2013
The book series Fifty Shades of Grey and social media user "terms of service" might not seem to naturally intersect. After all, one is about being
The Swedish Supreme Court confirms the use of information injunctions
- Roschier
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- Sweden
- -
- February 26 2013
The Swedish Supreme Court has in its recent judgement, Case No Ö 4817-09; 4817-09, further clarified the possibilities to obtain injunctions against
Is virtual property real or intellectual?: Second Life class action moves forward
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- December 13 2012
On November 20, 2012, the Northern District of California granted certification to one sub-class in a class action lawsuit against defendant Linden Research, Inc. (“Linden”
The Supreme Court supports Sinde's law
- Abril Abogados
- -
- Spain
- -
- December 13 2012
Last July the Contentious-Administrative Chamber of the Supreme Court rejected the request for provisional measures filed by Red de "Empresas de
CJEU judgment on jurisdiction for Football Dataco v Sportradar
- Mayer Brown LLP
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- European Union
- -
- October 25 2012
Last week the Court of Justice of the European Union (CJEU) ruled that where a website operator targets and then provides material infringing sui generis database rights to recipients based in an EU Member State over the internet, the act of infringement occurs at least in the EU Member State where those recipients are located
Damages awarded in passing-off action relating to domain names
- Borden Ladner Gervais LLP
- -
- Canada
- -
- August 29 2012
Both Dentec and Degil sell industry safety products
Social media sites: new battlegrounds for right of publicity disputes
- Kilpatrick Townsend & Stockton LLP
- -
- USA
- -
- August 15 2012
Social media websites are quickly emerging as the new battleground for right of publicity disputes, with the ultimate question being an old one what are the parameters of First Amendment protections for corporate, commercial speech?
AG's Sportradar opinion: database right infringement takes place both in state of server storage and the state where customers received the data
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
- -
- July 4 2012
In a reference by the Court of Appeal in a case involving allegations of infringement of UK sui generis database right by services provided from servers outside the jurisdiction (Football Dataco & Ors v Sportradar GmbH & Sportradar, C-17311) the Advocate General (AG) has opined:Where a party uploads data from a database protected by the sui generis right onto that party’s web server located in Member State A and, in response to requests from a user in another Member State B, the web server sends such data to the user’s computer so that the data is stored in the memory of that computer and displayed on its screen, the act of sending the information constitutes an act of ‘re-utilisation’ (and hence infringement) by that party and the act of re-utilisation performed by that party takes place both in Member State A and in Member State B
BYOD (bring your own device) - Who owns the email? Intellectual property?
- Gardere Wynne Sewell LLP
- -
- Canada
- -
- June 22 2012
When employees use their personal cell, tablet, laptop, or PC it’s not so simple to determine who owns the content of their email and intellectual property
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