19th September 2000 | marketinglaw

Without prejudice saves domain name sale gambit

Written Osborne Clarke on 19 Sep 2000

WH Smith brought passing off and trade mark infringement proceedings against a Peter Colman, who had registered WH Smith.com as a domain name. Topic: Domain namesWho: WH Smith and…
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UK trade mark registration impotent against web/export use

Written Osborne Clarke on 19 Sep 2000

Dublin-based retailer Crate & Barrel (C&B) placed an ad in a UK-based homes magazine with an Irish circulation. Topic: Trade marks Who: Euromarket Designs, Inc, Peters & Anor When:…
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UK opts out of further snail and email regulation

Written Osborne Clarke on 19 Sep 2000

In November 1999 the UK Government published proposals for implementation of the EU Distance Selling Directive. Topic: Data privacy Who: UK Government and the Data Protection Commission When: September…
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UK – Summer 2000

Written Osborne Clarke on 19 Sep 2000

Advertising and children Advertising and children 1 ADVERTISING TO CHILDREN AS SUCH 1.1 Legal/regulatory framework 1.1.1 General Principles Prior to 1990, there was very little statutory-based regulation of advertising…
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Trick or treat for UK marketers on Distance Selling Regs’ Halloween arrival?

Written Osborne Clarke on 19 Sep 2000

The Consumer Protection (Distance Selling) Regulations 2000 (“CPDSR”) become law in the UK on Tuesday 31 October 2000. Topic: Distance selling Background: The CPDSR are intended to implement the…
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Time please on pub’s entire agreement clause fight

Written Osborne Clarke on 19 Sep 2000

The owners of the Prince Edward in Holloway (Crown) thought they could turn down beer deliveries from their landlords Inntrepreneur and buy their beer from other suppliers Topic: Contract…
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Spanish jurisdiction clause in Spanish contract branded unfair

Written Osborne Clarke on 19 Sep 2000

Barcelona-based Oceano sold encyclopaedias. Some of their customers defaulted on payments and Oceano sued in the Barcelona court, relying on a clause in the sale contract conferring exclusive jurisdiction on…
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RIP:epitaph for on-line sellers?

Written Osborne Clarke on 19 Sep 2000

Limited impact on marketers, but watch out for snooping employers! New development: The Regulation of InveBR> The Regulation of Investigatory Powers Act 2000 ("RIP") with accompanying "Regulations on Lawful…
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Mirror Group successfully fights off £100 million unclear game rules claim

Written Osborne Clarke on 19 Sep 2000

In 1995 Lee O’Brien and 1,471 other punters entered MGN’s Mystery Bonus Cash Hotlin” prize game and thought they had won £50,000. Topic: Games of chance and skillWho: Mirror…
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Korda wins damages in Smirnoff/Guevara ad settlement

Written Osborne Clarke on 19 Sep 2000

Rex Features supplied the still, Lowe Lintas supplied the ad and Smirnoff enjoyed the end product by way of an ad for Smirnoff spicy vodka which ran in 1999. …
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EU TV Directive review grapples with virtual imaging

Written Osborne Clarke on 19 Sep 2000

By the end of 2001, the European Commission intends to have completed its review of the principal EU law affecting television advertising, the Television Without Frontiers Directive. Topic: Virtual…
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Appeal Court fines show distaste for estate agent’s flyboards

Written Osborne Clarke on 19 Sep 2000

The Trade Descriptions Act 1968 makes it a criminal offence to give a false indication that services have been supplied. Topic: Trade descriptionsWho: Docklands Estates LtdWhen: July 2000Where: Court…
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