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Archive for the ‘International Decisions’ Category

U.K. High Court finds that Zynga’s Scramble does not infringe on Mattel’s trademarked Scrabble
By Michelle Goldring – Edited by Jennifer Wong

J.W. Spear & Sons v. Zynga Inc.

The England and Wales High Court of Justice, Chancery Division held that infringement of Scrabble’s trademarked name did not occur when Zynga titled its games “Scramble” and “Scramble with Friends.” It also held that the word “Scramble” was used to refer to games of that type and therefore did not infringe on Mattel’s trademark of that word. However, the court also expressed concern that the “Scramble” logo created a likelihood of confusion because of its design.

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Posted On Nov - 13 - 2013 Comments Off READ FULL POST

European Court Finds Liability for Defamatory Comments by Anonymous Users
By Jennifer Garnett – Edited by Elise Young

Delfi AS v. Estonia

The European Court of Human Rights  (“ECHR”) upheld that Delfi, an online news portal, was liable for defamatory user comments.  The ECHR affirmed that Delfi could be liable as a “publisher” and the Estonian courts’ decisions were “justified and proportionate” restrictions under the European Convention on Human Rights. It noted that Delfi must “exercise a degree of caution” in monitoring comments on predictably controversial articles.

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Posted On Oct - 19 - 2013 Comments Off READ FULL POST

Britain’s Court of Appeal Rejects Cadbury’s Trademark Application for Color Purple
By Anton Ziajka – Edited by Abhilasha Nautiyal

Société des Produits Nestlé S.A. v. Cadbury UK Ltd.

The Britain Court of Appeals held that Cadbury’s purple color mark did not qualify as a trade mark under the Trade Marks Directive of 2008, since the impugned mark did not constitute “a sign” that is “graphically represented.” To allow registration of the trademark with such vagueness, the Court noted, would offend both “the principle[s] of certainty…[and] of fairness.”

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Posted On Oct - 11 - 2013 Comments Off READ FULL POST

Injunction Imposed in Volkswagen Car Hacking Case: Public Safety Favored Over Transparency
By Jonathan Sapp – Edited by Alex Shank

A British high court enjoined Flavio Garcia from publishing an academic paper that sought to expose weaknesses in Volkswagen’s automobile security systems. In the paper, Garcia revealed secret codes used to activate the ignition systems of several luxury vehicles. The court’s ruling is the latest in the battle against researchers using hacking to expose security systems’ flaws.

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Posted On Aug - 10 - 2013 Comments Off READ FULL POST

Twitter Releases Users’ Identities to French Authorities After Tough Legal Battles
By Michelle Sohn – Edited by Katie Mullen

Twitter, traditionally a stalwart opponent of government surveillance requests, released to French prosecutors the identities of users who had tweeted anti-Semitic comments in violation of France’s hate speech laws. The social media giant’s capitulation follows a series of legal battles over the issue, including a $50 million lawsuit for failing to provide the information.

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Posted On Jul - 21 - 2013 1 Comment READ FULL POST
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