Supreme Court resolves Circuit split by setting forth standard that owners of famous trademarks must prove “actual dilution” as opposed to “likelihood of dilution” in order to prevail on a Federal Trademark Dilution Act (FTDA) claim.The Supreme Court handed down its decision in the Moseley dba Victor’s Little Secret v ...
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 ...
Introduction: On March 4, 2003, the United States Supreme Court issued its unanimous decision, written by Justice John Paul Stevens, regarding the Federal Trademark Dilution Act (“FTDA”) ...
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 ...
&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” ...
The EU Directives on Waste Electrical and Electronic Equipment (WEEE) and the Restriction of certain Hazardous Substances in Electronic and Electrical Equipment (ROHS) are due to take effect from 13 August 2005. The Department of the Environment recently produced draft regulations to implement these directives and make the necessary amendments to existing waste legislation ...
In this edition: - New Corporate Manslaughter Rules - ’64 Act Stamped Out - Lock Up Your Ladders! - News Round Up - Planning: Out of Town - Out of Mind? - Use Classes Change
Directive of the European Parliament No. 2004/27EC of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ EU [2004], L 136, p. 34) Scientific progress and the development of new types of products explain the rise in issues regarding the legal qualification of so-called “borderline” products ...
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 ...
Commission Guidelines for the Notification of Dangerous Consumer Products to the Competent Authorities of the Member States by Producers and Distributors in accordance with Article 5(3) of Directive 2001/95/EC (Commission document No ...
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
In our previous ezines we tracked the progress of the Alcohol Products (Control of Advertising, Sponsorship and Marketing Practices/Sales Promotions) Bill. The Bill was set to have a major impact on the relationship between alcohol advertising and sport in Ireland but a recent controversial turnabout by the Government means that the Bill may never be enacted ...
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 ...
At the end of last year, the Chamber of Deputies approved a bill to amend the Federal Radio and Television Law and this has now been turned over to the Senate for consideration ...
The legal concept that one can arrest a vessel and prevent it moving is unusual to say the least. An arrest in the UK (and other jurisdictions) is practically undertaken by serving upon the vessel a “Warrant of Arrest”, a very similar concept to criminal proceedings albeit this form of arrest is a civil law admiralty procedure and for very different reasons ...
Captains of private and commercial yachts (and owners) have civil and criminal law duties most of which are concerned with the safe operation of the vessel. As the captain is regarded in law as being the owner’s agent, he is the person unfortunately on the spot. It is the captain who becomes personally liable in the first instance for any fine imposed on the vessel. Owners or charterers have no legal obligation to compensate him even though the offence may have occurred due to their fault ...
One of the essential components of organizing sport events is the ticketing system. Usually implemented by the Organizing Committees (OC), it is not unusual that these agreements contravene EC Law. In the Italy 1990 World Cup, the OC entered into a worldwide exclusive agreement of ground entrance tickets with a single tour travel agency for the purpose of putting together package tours for the event ...
Captains of private and commercial yachts (and owners) have civil and criminal law duties most of which are concerned with the safe operation of the vessel. As the captain is regarded in law as being the owner’s agent, he is the person unfortunately on the spot. It is the captain who becomes personally liable in the first instance for any fine imposed on the vessel. Owners or charterers have no legal obligation to compensate him even though the offence may have occurred due to their fault ...
Purchasing a yacht should be a pleasurable experience given that the craft in question is most likely to be used for the owner’s leisure pursuits. Yachts, however, whether they are second-hand, new, large or small, have one thing in common. They are expensive. However, many purchasers whether they are paying £10,000 or £1,000,000 are sometimes less cautious than perhaps they should be when buying what is in effect a “toy” ...
It is now eighteen months since Freedom of Information legislation came into force and one of the most interesting facets of the Scottish and UK Information Commissioners' decision-making has been the application of the public interest test. In terms of the Freedom of Information legislation there are certain exemptions which, when they apply, can potentially exclude requested information from disclosure ...
The main legal acts regulating the registration of seagoing ships in Lithuania are the Law on Merchant Shipping, the Rules for Registration of Seagoing Ships in Lithuania approved on 4 July 2005 by order No. 3-301 of the Minister of Transport and Communications, and the Decision of the Government of Lithuania “On the Register of Seagoing Ships of the Republic of Lithuania”. The following ships can be registered at the Register of Seagoing Ships of the Republic of Lithuania (the Register): 1 ...
Pursuant to the Act on Budget Rules for Public Administration, the Ministry of Transport, Posts and Telecommunications of the Slovak Republic, by this Ruling, enlarged the scope of persons entitled to subsidies ensuring higher penetration of broadband internet access ...
Broadband providers will be required to ensure that their ten million UK customers can more easily take advantage of cheaper broadband deals in an increasingly competitive market, under new regulations proposed by the UK communications industry watchdog OFCOM on 17 August 2006 ...
The Federal Trade Commission yesterday published its long awaited revisions to the FTC’s Franchising Rule. The new disclosures may be used effective July 1, 2007 and must be used for all franchises offered or sold after July 1, 2008. The Amended Rule prescribes a disclosure format which largely mirrors the Uniform Franchise Offering Circular ("UFOC") format, and modifies it in certain places by adding new disclosures ...
