The ECJ’s judgment in Interflora v Marks & Spencer settles nothing in itself. But I am not sure its floral undertones will create a perfume that smells like roses to M&S – I think they will be overwhelmed by the citrus base (ie lemons). Is that really how the judgment should be viewed? I am not sure it is that simple….
PhonepayPlus, the regulator for phone-paid services in the UK, published a public consultation on its proposed Guidance for app-based mobile payments on 26 September….
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The Court of Justice claims to have clarified the scope of trade mark protection in the EU but has left the High Court to determine, inter alia, whether the use by Marks & Spencer within Google’s referencing service of keywords corresponding to the trade mark of its competitor Interflora undermined any of the ‘functions’ of that trade mark and whether it was ‘free-riding’….
Read More… from Interflora v Marks & Spencer: All Still to Play For or a Win for Interflora?
Pierre Roquefeuil considers the use of personal data on the Web and the French and European mirroring regimes that prevent or punish an abusive or unauthorized use….
Read More… from Internet and Data Privacy: The French/European Approach
Isn’t it time for us to find a way to improve the public profile of the IT law industry?…
In its latest judgment in an ongoing series, the ECJ has again ruled that a monopoly on the operation of internet casino games is justifiable only if it seeks in a consistent and systematic manner to combat the risks connected with such games. When assessing the proportionality of a monopoly, the national courts are not required to take into account the monitoring and control systems regulating companies established in another Member State…
Jeremy Holt reports on the SCL meeting of 14 September that was subtitled “Managing IP in China”…
Read More… from The blue dye extracted from indigo is bluer than indigo
After a fine was imposed on a cashier who spied on a sex attack victim’s bank records, the Information Commissioner says that this ‘disturbing case’ highlights the need for prison to be an option for offences under the DPA…
Although mainly focused on the special problems that arise in relation to e-disclosure in criminal proceedings, a newly published review on disclosure issues has by no means ignored e-disclosure issues….
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Tom Hiskey reflects on recent announcements about the entry of US document creation companies into the UK market…
Read More… from Document Creation: The Americans Are Coming!