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….
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
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!
The new top-level domain, .xxx, opens for blocking applications on 7 September…
An important new study prepared for the EU Parliament includes detailed analysis and significant recommendations on changes to the law…
Read More… from New EU Study: Consumer Behaviour in a Digital Environment
On the unexpected effects of technology and hopes for increased privacy awareness that once seemed crushed but may rise again…
A year on from his last article, Alastair Morrison looks at security issues for the smaller law firm and focuses on a future where the Cloud may be the safest place to be….
Google Inc. has taken reasonable steps to improve its privacy policies, the Information Commissioner’s Office has said, following an audit at the Google’s London office….
Toby Headdon considers the availability and scope of injunctions against online intermediaries following recent judgments in L’Oreal v eBay and Twentieth Century Fox v BT…
Read More… from Beyond Liability: Injunctions after L’Oreal v eBay