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In this case a business process outsourcing service provider responded to a notice of termination from its customer by seeking an injunction to prevent the customer from terminating the contract and from otherwise hindering the service provider's continued...
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The court considered the question of “publication” on the internet in the context of the Obscene Publications Act and held that this could occur more than once. Publication occurred when images were uploaded on to the web site by the website contributors...
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A business used the trademarks of a competitor in its website metadata in order to attract search engine traffic. The Court found that the defendant had infringed the claimant's rights and ordered it to pay damages of £15,000.
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A case on "cyber-squatting". The Claimant sought summary judgment of its claim for threatened passing off and infringement of trade mark. The court did not accept the Defendant’s evidence that he registered the domain name “britanniabuildingsociety.com”...
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MBNA claimed that Mr Freeman was infringing its registered trade mark by using the domain www.mbna.co.uk. The Court decided to hold a full trial to decide the issue, and ordered that Mr Freeman must not sell the domain in the meantime.
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The TCC endorsed the Scottish case of Doyle v Laing in respect of global claims. Where a global claim is presented and it can be shown that some of the events that caused loss were not the responsibility of the employer, this does not necessarily mean...
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This Court of Appeal decision provides a useful reminder of the need for suppliers to carefully consider the scope of exclusion clauses contained in standard form contracts so as to minimise the potential for a challenge to the reasonableness of the clause...
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When a software company terminated a distribution agreement, licence fees received by the distributor from the end users after the date of termination were not held in trust for the software company, but were received by the distributor in its own right,...
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This High Court decision provides a useful reminder as to the meaning of "perpetual" in the context of a software licence. Parties to such a licence should take care to be very clear as to what is meant by "perpetual" because it will not automatically...
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This first instance judgment of Mr Justice Ramsay in the Technology and Construction Court was long awaited and much publicised due to claims made by BSkyB for fraudulent misrepresentation and also for the broader potential ramifications for IT suppliers'...
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