Trouble in the .wine store for ICANN

Tags

, , , , , ,

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

Tags

, , , , , , , ,

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

Tags

, , , , , ,

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

Tags

, , , , ,

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

Tags

, , , , , , , , ,

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

Tags

, , , , , , , ,

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

Pinterest’s New Terms Expand Indemnity, Ban Commercial Use, Prevent Users Suing Cold Brew Labs

Tags

, , , , ,

On Saturday, March 24, 2012, Pinterest emailed users to say it was updating its Terms of Service.  Make no mistake – this is a pretty significant re-write, and kudos to Pinterest for making both sets readily available so we can compare and contrast them.  The “proposed” terms come into effect on April 6, 2012 and while they attempt to bring clarity, there are areas that will concern Users, particularly if they are artists themselves.

Key points.

  1. The controversial Indemnity language has been expanded, not limited.
  2. Commercial use of the Site is now banned completely.
  3. Users must forfeit their rights to fair use of Pinterest Content, but User Content is fair game.
  4. Users cannot sue Pinterest, either individually or as part of a class action.
  5. There are some hints at the future innovations.

Continue reading »

Happy New Year!

Tags

, , , , , , , ,

New Year fireworksA quick note to mark the passing of 2011 and the start of 2012. Thank you all for reading and commenting here (and on Twitter) on the stories that have been reported on these pages. I’m looking forward to posting much more in 2012.

There has been plenty to contemplate in the last 12 months and we look forward to new challenges and opportunities in the months that lie ahead.  Several big IP cases look likely to make their mark next year, including Viacom v. YouTube, The Authors’ Guild v. Google and NLA v. Meltwater, and we may begin to see the fallout of the (UK) Supreme Court’s ruling that foreign copyright claims can be adjudicated in the English courts.

Whatever plans you have for next year, I hope they will be realized, that you enjoy the chase, and that you will be challenged by the work that you do.