Articles & Updates
Cookies - time to comply
Date: 16 April 2012
Publication:
Service: Ecommerce; Intellectual Property
Last year new rules on the use of cookies were implemented to improve the privacy of internet users. Organisations were given until 26 May 2012 to make changes to their websites to ...
Online copyright infringement: BT and TalkTalk lose appeal
Date: 21 March 2012
Publication:
Service: Data Protection; Ecommerce; Information Technology; Inquiries and Investigations; Creative, Digital and Media
On 6 March 2012 the Court of Appeal dismissed most of the appeal by BT and TalkTalk in their judicial review of the Digital Economy Act 2010 (DEA) concerning the compatibility of sections 3...
ECJ judgment in Interflora case | Head of Intellectual Property discusses judgment
Date: 29 September 2011
Publication: Legal Update
Service: Ecommerce; Information Technology; Intellectual Property
Unusually, the European Court of Justice (“ECJ”) did not specifically answer the four questions which were left to them to determine; rather, it handed down a general statement of principle ...
New rules on the use of cookies
Date: 12 July 2011
Publication: Legal Update
Service: Intellectual Property
On 26th May 2011, the UK implemented amendments to the Privacy and Electronic Communications Regulations 2003 (the “Regulations”) which, among other things, changed the rules on the use of cookies. The new ...
Data Retention Regulations – do they apply to your business?
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
In 2006, the European Parliament passed the Data Retention Directive 2006/24/EC. This laid down requirements for certain organisations within member states to retain specific communication data which can be requested by ...
Is your software patentable?
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The test for patentability of an invention in English law is, in principle at least, straightforward. The invention must: (i) be new throughout the world; (ii) involve an "...
Data Protection: The Information Commissioner finally gets some teeth
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
Those of you processing personal data may well have already noted with concern the imminent strengthening of the power of the Information Commissioner for breaches of the Data Protection Act 1998 (...
Innovative use of Google AdWords as evidence
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
In the recent case of Wasabi Frog Limited v Miss Boo Limited and Gulfraz Mohammed, our client Wasabi Frog successfully used Google AdWords data as evidence of a "likelihood ...
Reputational risk and social networking - are your employees endangering your brand?
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The second generation of internet, referred to as Web 2.0, has signalled the development of user-generated content services and the phenomenon of social-networking sites (SNS), which are becoming progressively more sophisticated ...
Greater regulation of on-line adverts imminent
Date: 15 December 2010
Publication:
Service: Ecommerce; Information Technology; Intellectual Property
The UK's advertising regulator, the Advertising Standards Authority (ASA), looks set to extend its online remit to companies' own websites as well blogs and social networking sites. The ASA'...
No Limit: a good reason to take care with your pre-contract statements
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The High Court's eagerly awaited judgment handed down on 26 January 2010 provided a landmark victory for BSkyB in its bitterly contested battle against EDS. Although the judgment does not signal ...
Keywords, adwords and all that jazz!
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The internet is a frightening place, in particular for trade mark owners. Louis Vuitton found this out to their cost recently in the European Court of Justice. Louis Vuitton, ...
Crime of fashion or corporate bullying?
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
As the battle for the consumer pound intensifies, a growing number of retailers are attempting to use copycat fashion litigation to try and quash legitimate competition. In a further move ...
New guidance for online data protection compliance
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The Information Commissioner's Office (ICO) has recently issued a 'Personal Information Online Code of Practice' providing organisations who operate online with good practice advice to assist them in complying ...
Becoming a little less grey? An update on parallel importing
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The "grey market" concerns the trade in "parallel imports". Broadly speaking it involves the purchase of genuine branded goods from outside the European Economic Area (EEA) ...
Copyright protection for software - is clarity coming at last?
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
An English High Court judge has referred to the European Court of Justice (ECJ) one of the most contentious legal issues in the software development industry - the extent of ...
The right to reveal Top Gear’s “The Stig”
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
On 27th August 2010, the BBC revealed that it had issued an application for an interim injunction against HarperCollins, one of the world's foremost English language publishers. HarperCollins intends ...
Can you rely on your standard terms and conditions?
Date: 15 December 2010
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The Technology and Construction Court has demonstrated the importance of ensuring the terms of contractual documents accurately reflect the parties' actual arrangements. In Kingsway Hall Hotel v Redsky IT (Hounslow) ...
How far can a competitor compare its product to yours?
Date: July 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The facts: L'Oreal -v- Bellure: Case update - the ECJ judgmentThe facts of this case are that L'Oreal manufactured and sold high quality perfumes and cosmetics aimed at ...
Online Behavioural Advertising – Privacy Vs Efficient Advertising
Date: July 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
Recent developments in behavioural internet advertising have prompted much debate and press coverage. Google recently announced the launch of "interest-based ads", which shows web users online advertisements based ...
Maximising the protection of your Intellectual Property
Date: July 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The IP Crime Group has published an advice note entitled the Supply Chain Toolkit, providing guidance to SMEs on protecting their intellectual property rights. Although aimed at SMEs, the advice ...
Data Protection Act - penalties for breach increasing
Date: July 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The Information Commissioner's (ICO) is on record as stating that it intends to prosecute more offenders misusing personal data. A recent case has shown that this watchdog has plenty ...
Record compensation for employee inventors
Date: July 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
Earlier this year, the English Patents Court issued a landmark ruling by awarding £1.5 million to two employee inventors under section 40 of the Patents Act 1977 for their involvement in the development ...
London restaurant loses name battle
Date: January 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
London's celebrity Cipriani restaurant suffered a reversal of its rising fortunes in an important High Court ruling in December 2008. The ruling means that the restaurant frequented by people such ...
Trade name confusion?
Date: January 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
Recent European case law has provided a warning for those attempting to register names as trade marks.In Harman International Industries Inc. v Office for Harmonisation in the Internal Market, ...
New patent web databases – a commercial treasure trove?
Date: January 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The UK Intellectual Property Office (IPO) has launched two new patent databases on its web site which could help your business to lawfully exploit the ideas of others.The first ...
Cloud Computing – the legal risks
Date: January 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
In an industry notorious for hype and jargon, the latest hip I.T. buzzword is "Cloud Computing".Put simply, Cloud Computing means using the communication infrastructure of the ...
Non-binding opinions in respect of patent disputes
Date: January 2009
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
While patent litigation remains a relatively costly process through the courts, there are cost-effective measures parties can consider in order to obtain a preliminary view of the merits of any ...
Are you trading fairly?
Date: October 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
Brand new legislation could have a real impact on the way you and your competitors do business. New criminal offences and an array of general and specific prohibitions have been ...
Company Names Tribunal – An opportunity or merely opportunistic?
Date: October 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
On 1st October 2008, the services of the UK Intellectual Property Office will be further enhanced by the introduction of the Company Names Tribunal.The Company Names Tribunal has been set ...
Copyright Extension – favour or farce?
Date: October 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
There has been a long running campaign in support of copyright extension by pop 'legends' such as Sir Cliff Richard and Sir Paul McCartney. This has been spurred on by ...
2012 And All That - How does legislation protecting Olympic intellectual property affect you?
Date: October 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
In anticipation of what is likely to be the greatest British commercial bean feast of all time, the Government has taken steps to prevent anyone suggesting directly or indirectly any ...
Comparative Advertising: ASA upholds complaint against Superdrug
Date: October 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The difficulties associated with pursuing a comparative advertising complaint through the court system can be avoided by making a complaint to the Advertising Standards Agency (ASA), which has emerged as ...
Welcome news for trade marks owners: Adidas earns its stripes
Date: July 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
The European Court of Justice (ECJ) has ruled in favour of Adidas, holding that the need to keep certain signs free for use by competitors is not a factor to ...
It's a wrap for Cadbury in 'purple' battle
Date: July 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
Chocolate giant Cadbury has lost a court bid in Australia to stop rival confectioner Darrell Lea using the colour purple in its packaging.In February 2003, Cadbury commenced proceedings against Darrell ...
Trade mark owners to suffer from Google key words change
Date: July 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
Google has announced that from 5 May 2008, advertisers in the UK and Ireland will be able to bid on key words which contain trade marked terms. This is a fundamental change ...
A comforting decision for parallel importers?
Date: July 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
In a dispute between a manufacturer of goods and a parallel importer, the High Court has found that a manufacturer in Australia gave implied consent to parallel imports into the ...
Creative Commons and your business
Date: July 2008
Publication: Spark
Service: Ecommerce; Information Technology; Intellectual Property
In recent years the phrase "licensed under creative commons" has started to appear everywhere on the internet. Blogs, photo sites, video aggregators and some music repositories have led ...