Introduction Imagine yourself as a trademark owner when domain names were first introduced. Your first thought of “it’s just a fad” quickly fades and you decide that your business needs a web site, whatever that may be. You hire an eighteen year old web designer, tell him to register two different domain names for the site, and sit back. An unexpected problem pops up ...
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In the buzzword-compliant society that we live in, one of the loudest buzzes these days is Privacy. Start-up companies trumpet their privacy protecting software. Privacy consultants are starting to dot the landscape. Companies are employing Chief Privacy Officers. The Federal Trade Commission is bringing charges and levying fines against companies for privacy violations ...
Legal Framework for Advertising and Restrictions on Advertising of Tobacco Products and Alcoholic BeveragesAdvertising activity in Ukraine is regulated mainly by the Advertising Act1 and the Television Act2. The Advertising Act contains several various restrictions and bans relating to the advertising of tobacco products and alcoholic beve-rages. One of the most stringent restrictions applies to tobacco products and alcoholic beverages advertising on TV and radio ...
The Internet is a rather young, but a very popular source of information for Ukrainian businesses and consumers. The Internet segment of the market has been actively developed recently and has acquired a high level of commercialization. According to the Ukrainian mass media, the number of Internet users in the Ukraine increased by over 70 % in 2002 ...
Five years ago your CEO told you that your company had to have a “web” strategy. So, you learned everything about the Internet. You hired specialty law firms, bought software, and entered into web development and hosting agreements. You mastered all the web lingo. Now, all of that is passé ...
Technology Update Authors Brian D. Barnard Randall E. Colson M. Ann Newton Related Practice Groups Intellectual Property A new California Law (Assembly Bill No. 700, Chapter 1054) went into effect on July 1, 2002 that requires companies who conduct business in California to notify their California-resident customers if their unencrypted personel information may have been stolen as a result of a security breach ...
California Law Requires Telling Your Customers That You've Been Hacked A new California Law (Assembly Bill No. 700, Chapter 1054) went into effect on July 1, 2002 that requires companies who conduct business in California to notify their California-resident customers if their unencrypted personel information may have been stolen as a result of a security breach ...
Advertising in Ukraine is regulated mainly by the Advertising Act (the “Act”). Some aspects are also regulated by the TV and Radio Broadcasting Act, Printed Mass Media Act, Protection Against Unfair Competition Act, Copyright and Related Rights Act, Protection of Rights to Trademarks Act, Protection of Consumer Rights, Languages Act and others.The Act has recently become one of the most publicly debated laws in Ukraine ...
The Standing Committee of the 10th National People's Congress passed the Law of the People's Republic of China on Electronic Signatures on 28 August 2004. The Law, which was promulgated on 28 August by President Hu Jintao, will enter into effect on 1 April 2005 and provides a legal basis for electronic transactions. Electronic data text The Law applies to electronic signatures in electronic data text ...
A trademark is any sign which, in the course of trade, can distinguish the goods or services from those of other undertakings. Trademarks are often also used as indications of a certain quality or life style (such as Lancome® trademark represents the luxury cosmetics) or as a marketing tool (such as the IKEA® and VOLVO® marks, which are featured not only on furniture but also on their services) ...
&L Goodbody recently represented the Irish Nightclub Industry Association (INIA) and the Irish Hotels Federation (IHF) against Phonographic Performance (Ireland) Limited (PPI) in a case on copyright law which is a landmark judgment not only in Ireland but elsewhere. The INIA and IHF challenged an arbitrator’s award which had set copyright fees payable by nightclubs to Phonographic Performance (Ireland) Limited – “PPI” ...
When it comes to the patentability of computer-implemented inventions, Europe and the United States have differing and diverse opinions. The United States has a liberal approach to the patentability of computer software and will therefore grant patents for such inventions. Not so in Europe though, where computer programs are patentable only if they make a “technical contribution” to the state of the art ...
ICC Publishes Paper on Internet Governance The Internet Corporation for Assigned Names and Numbers (ICANN), a private sector body based in California, currently operates the allocation of domain names and Internet Protocol addresses on a worldwide basis. At the World Summit on the Information Society in Geneva in December 2003, the issue of transferring ICANN’s role to the United Nations was raised by a number of developing countries ...
Judgment of the Court of First Instance in Laurent Piau v. European Commission (Case T-194/02) of 26 January 2005 In its judgment of 26 January 2005 in case Laurent Piau v. European Commission, the Court of First Instance (hereinafter the “CFI”) ruled on compliance of the regulation issued by the Fédération Internationale de Football Associations (hereinafter the “FIFA”) concerning the occupation of football players’ agents with the provisions of the EC Treaty on competition ...
The Ministry of Information Industry ("MII") promulgated the Measures for the Administration of the Filing for the Record of Non-Commercial Internet Information Services (the "Recordal Measures") on 8 February 2005. The Recordal Measures took effect on 20 March 2005. It provides detailed guidelines on recordal filings for non-commercial websites ...
Summary ‡ Information security “breaches” take many forms and occur in a wide variety of settings. However, contrary to recent press reports, they do not appear to be increasing. ‡ Research indicates that only a small percentage of breaches result in any harmful use of data. ‡ Account fraud and true identity fraud — the two identity-based frauds most feared by consumers and policy makers — are actually declining ...
At the end of June, the US entertainment industry won a long fought victory to help bring file swappers to heel ...
The European Parliament dealt a blow to programmers seeking clarity on the patentability of computer-implemented inventions last month when it rejected a draft European Directive on the subject (the "CII Directive") by an overwhelming majority ...
At this moment it makes sense to publish a newsletter exclusively on issues related with the Media sector, not only due to the circumstance that it is a sector that has deserved front page coverage in the Media, particularly in relation to the acquisition movements verified (we need only recall the recent assignment of 49% of the equity of SIC, of 100% of the equity of Lusomundo Serviços or of the put option of a significant part of the equity of Media Capital) but also to the recent legislative
Introduction A common question for clubs, events, and governing bodies at all levels of sport is what is the best legal structure to use - club or company? In this article we take a practical look at the pros and cons of the most likely options for your club or governing body. 1. Unincorporated Association A. What Is It? ● A group of individuals coming together to carry out a mutual activity, in common language a club ...
‘Spear Tackle’ Case When Brian O’Driscoll was lifted and dropped unceremoniously by All Blacks Keven Mealamu and Tana Umaga in the first Lions test the issue of spear tackling became a hotly debated topic. Spear tackles have been in the news before and a recent Australian case involving a spear tackle in a rugby league match has reignited the debate on when the courts should intervene regarding violence in sport ...
Germany. November 9, 1938. Kristallnacht. “The Night of Broken Glass.” Nazi secret police and the Hitler youth swarm over Jewish businesses and homes, terrorizing and victimizing helpless individuals all over the country.1 SS leadership orchestrates attacks on every vestige of Jewish culture as “punishment” for fictitious crimes that will never be recognized by the rest of the world ...
The European Union has recently launched a new ccTLD (country code top level domain). Instead of using the various national European ccTLD's, such as .fr for French companies, .de for German companies, and .co.uk for U.K. companies, the EU has made available the .eu suffix as a Community-wide ccTLD. The new domain extension has already proved widely popular, with more than 100,000 applications for domain names filed thus far ...
On 1 May 2004 a new and revised Technology Transfer Block Exemption Regulation (the TTBER) entered into force - Regulation No. 772/2004. The TTBER will provide block exemptions for IP licensing agreements, ensuring that certain technology transfer agreements are automatically exempt from the application of Article 81(1) of the EC Treaty, which prohibits anti-competitive agreements ...
