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July 2008
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Latest Edition - July 2008
Competition Law
OFT shows executives who’s boss when it comes to price fixing with prison sentences and tougher use of director disqualifications......
European Commission demands disclosure of proprietary technologies and maximum licence fees in standards-setting process......
EU to take action against discriminatory pricing between users based in different EU countries......
Contracts
No compensation payable to commercial agents who commit a repudiatory breach of agency agreement - Nigel Fryer v Ian Firth Hardware, High Court...
Parties end up in High Court over yoghurt pot mess after relationship went sour and unclear contract documents were never clearly agreed - RTS Flexible Systems v Molkerei Alois Muller, High Court...
Copyright and Database Rights
‘Screen scraping’ sparks threats of legal action by easyJet against websites...
High Court was right to refuse to imply copyright assignment into software contract – Meridian International Services v Richardson, Court of Appeal...
Cybercrime and Security
Cotton Trader credit card data stolen by web hacker...
Data Protection / Privacy / Confidentiality
Government responds to data security blunders with four reports and introduction of new data handling procedures but the Information Commissioner is hot on its tail...
New public sector security breaches come to light as 20,000 patients’ personal data is stolen from a London hospital...
Domain Names
Domain name expansion backed by ICANN but likely to be a headache for businesses seeking to protect their brands...
Innovative birthday present turns into legal battle with Narnia author, CS Lewis’s estate...
E-Commerce Regulations
Revised EU e-commerce laws on horizon as only 7% of consumers purchase online from foreign suppliers...
Employees
Use of social networking profile after leaving employment breached employer’s rights in confidential information – Hays v Ions, High Court...
New guidance on data to be provided on transfer of employees...
Use of social networking profile after leaving employment breached employer’s rights in confidential information – Hays v Ions, High Court...
IT and Internet Use
Government IT projects running up to 21 years late and at a wasted cost of at least half a billion pounds...
Record breaking downloads for Mozilla as it releases Firefox 3.0...
Internet meltdown in less than three years predicted unless the world moves to IPv6...
Misleading Advertising
Unclear Virgin Media mailing envelopes shot down by ASA ruling...
Domain name using the word ‘gov’ in advertisement renders advertisement misleading...
Tailor gets hot around the collar but does not breach the CAP Code says ASA...
Misleading Selling
New guidance on comparative pricing practices published in wake of new Consumer Protection from Unfair Trading Regulations 2008...
Patents
High Court grants damages to innocent party following unjustifiable threats of legal action for patent infringement - LB Europe v Smurfit, High Court...
Trade Marks and Passing Off
O2’s bubbles burst as ECJ indicates comparative advert by Hutchison is acceptable if no likelihood of confusion – O2 Holdings v Hutchison 3G, European Court of Justice...
ECJ asked to rule on Google’s AdWords policy of allowing trade marks to be sponsored by third parties after Louis Vuitton objects...
No defence to infringement of trade marks to inadvertently infringe another’s mark - ALM Manufacturing v ALM Imp Exp Limited, High Court...