Google Books Settlement - amended
A year after Google reached a settlement with the publishing industry over making books available online, several amendments have now been made to the settlement agreement. What do they cover and what might they mean for rights holders?
If you would like to receive our full Briefing Note on this topic, please contact Shireen Peermohamed. |
Limits to protection given by famous marks: the Mercedes logo
In a recent case about how far trade marks with a reputation can prevent uses of similar marks, the Mercedes "star" logo was held not to be infringed by a similar mark for construction equipment. The "link" test appears to suggest that evidence of confusion is required. |
Acting quickly - a key to protecting IP rights
We highlight two recent cases which demonstrate how businesses can act quickly to stop rival traders misusing their IP rights. |
Digital copyright proposals: the Digital Economy Bill and Gowers 2
Peter Mandelson's final pre-election push to shake up digital copyright issues and the introduction of a "3 strikes" law is joined by yet another copyright law consultation. "Gowers 2" seems to be the final nail in the coffin for an entitlement to parody but could be the start of a new private use right. |
Unjustified threats
Amendments to the Digital Economy Bill propose that the unjustified threats legislation be extended to copyright. Meanwhile a case about design right threats holds you can be threatening even when you say you are not. |
More Adword cases head to the ECJ
Following the opinion of the Advocate General in Louis Vuitton v Google concerning adwords, two English cases raising similar points have finally been referred to the ECJ. The two cases (L'Oreal v eBay and Interflora v Marks & Spencer) cover very similar ground to Louis Vuitton v Google and focus on what amounts to use of a trade mark and whether, if use in an adword does amount to trade mark use, this can amount to an infringement.
The following links will take you to a summary and views on the Advocate General's controversial opinion in the Google case and the L'Oreal v eBay and Interflora v Marks & Spencer referred questions. |
Harbottle & Lewis news
Shireen Peermohamed has been appointed to the INTA Panel of Neutrals for three years starting in January 2010.
The INTA Panel of Neutrals is the only international panel of neutral mediators. The panelists are experts in trademark and unfair competition law as well as being trained in mediating disputes. They have also been specially trained in Alternative Dispute Resolution procedures and, being based in a broad range of jurisdictions, are fluent in various languages and understand the mediation standards in different regions of the world. For more information on the INTA Panel of Neutrals, please visit the INTA website. |
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