Trouble in the .wine store for ICANN

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I posted a short piece on the trouble brewing within ICANN and the GAC over protection for Geographical Indications in the second level domain of new (and possibly existing) TLDs at http://iplawye.rs/1qXtL29.

Please have a look and let me know what you think of this development. Is France right? Has it the right approach to finding a solution? Will Representative Anna Eshoo’s belated intervention make any difference? (You can follow her at https://twitter.com/RepAnnaEshoo)

I’d love to hear your thoughts in the comments section.

Jurisdiction in Keyword Advertising Disputes After Wintersteiger

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Keyword advertising raises interesting questions beyond the run-of-the-mill trademark infringement and unfair competition issues typically discussed. For instance, if a sponsored ad can be clicked in three separate countries, can the Courts of each of those countries take jurisdiction to hear and determine a dispute? The Court of Justice of the European Union has given a strange answer to this question, which you’ll probably want to know about if you, or your competitors, do any business online. Continue reading »

UsedSoft v. Oracle article published by Society for Computers and Law

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I’m really pleased to have had my review of the Court of Justice’s seminal UsedSoft v. Oracle decision published by the prestigious Society for Computers and Law.  Click the image to go there.

Gareth Dickson's article for Society for Computers and Law on Software Copyright in UsedSoft v. Oracle

I’m really pleased to have had my review of the seminal UsedSoft v. Oracle published by the prestigious Society for Computers and Law

Some recent trade mark articles

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Further to my copyright post here, I’ve set out below a list of recent trade mark articles and quotes, with links where possible.  A list of my recent copyright publications is here, and there’s a full list of all publications here.

Some recent copyright articles

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I haven’t been able to write here for some time, but I have been writing elsewhere.  Here’s a list of my recent copyright articles, with links.  A list of my recent trade mark publications is here, and there’s a full list of all publications here.

Appeals Court Sides With Viacom, Dismisses YouTube Summary Judgment Claim

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The Second Circuit Court of Appeals has just delivered its Opinion in Viacom v. YouTube, and it has held, unanimously, that YouTube is not entitled to summary judgment on Viacom’s $1bn copyright claim.  The decision reverses the Southern District of New York’s finding that YouTube didn’t need to go to trial to determine whether it was entitled to safe-harbor protection under the DMCA.

The decision is below.  Commentary will follow in due course.

Viacom v. YouTube – Second Circuit Opinion