Lumen links land Google into trouble
201706.15
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Lumen links land Google into trouble

The Higher Regional Court of Munich has issued an injunction against Google to stop the search engine linking users to the Lumen database. Lumen collects data relating to legal complaints made online for the removal of information and provides users with the source of the content removal. The judgement is interesting as it goes one…

A shock result for the Tartan Army
201702.20
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A shock result for the Tartan Army

The Scottish Court of Session in Tartan Army Ltd v Sett GmbH and Others [2017] CSOH 22 has held that the claimant’s allegations of trademark infringement and passing off were not substantiated. The case is interesting given that the judge rejected the main arguments of the defendant yet still found in their favour. The claimants…

E-lending: one book one user
201611.10
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E-lending: one book one user

The Court of Justice of the European Union (CJEU) has today held in Vereniging Openbare Bibliotheken v Stichting Leenrecht that libraries should be allowed to lend out digital copies of the books which they hold, e-books, according to the principle of ‘one copy one user’ under the Rental and Lending Rights Directive. This is in…

Swatch Take A Bite Out Of Apple In Trade Mark Dispute
201609.20
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Swatch Take A Bite Out Of Apple In Trade Mark Dispute

It can sometimes seem like Apple is taking over the world, with its products increasingly ubiquitous and new launches hotly anticipated. They have however experienced some negative publicity recently. You will no doubt be aware of the controversial ruling of the European Commission requiring payment of back dated tax which has somewhat tarnished Apple’s image….

European Court Rules Hyperlinks Can Infringe Copyright
201609.13
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European Court Rules Hyperlinks Can Infringe Copyright

The Court of Justice of the European Union (CJEU) has clarified the law around whether posting hyperlinks to infringing content online can be copyright infringement. They have ruled in the case of GS Media BV v Sanoma Media Netherlands BV and others, Case C-160/15, 8 September 2016 that posting hyperlinks to a work that has…