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Domain Names, Trademarks, and Squatters

With the launch of .london domain names this week, Chris Bridges looks at the value of domains, the rights of trademark holders in relation to domains, and the frowned upon practice of domain squatting. Is enough being done to protect rights holders, start-up businesses, and ultimately end users?

12:05, 1st May 2014
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Groundless Threats, Groundless Reform

Threats can be as scary as this tiger for a business. Whilst facing up to a tiger is not recommended, businesses are often too scared to make a stand against an intellectual property threat, even when it might be groundless. More extensive reform than that suggested by the Law Commission is needed.

12:13, 22nd April 2014
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Logic in Liability: Defending a Duty of Care

Tort law is subject to intense scrutiny, with some believing the rules are vague and ambiguous, leaving the law unpredictable and indeterminate. Jade Rigby deconstructs these arguments in order to show tort law is not just a theoretical relic of English jurisprudence, but an important branch of law.

12:00, 15th April 2014
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It's not the end of the line for data retention

On Tuesday the CJEU came to the conclusion the European Data Retention Directive was, and always had been, invalid, marking a significant step for the protection of privacy. However, is this the end of the line for telecommunications data retention within Europe, or just a minor setback?

12:15, 10th April 2014
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Online Pirates, prepare to be boarded! Right after we borrow a ship…

The Digital Economy Act 2010 provided for a stringent scheme to combat online piracy. However, due to a number of difficulties this has not yet been implemented. An alternative voluntary scheme has been suggested, but there are doubts as to whether it can succeed given opposition from stakeholders.

11:59, 5th April 2014
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Negotiated Agreements: Binding Absent Signing

Thomas Horton explores two recent High Court decisions that have resulted in the determination of a binding agreement where the parties are still yet to finalise and sign a suitably worded agreement. A simple omission of ‘Subject to Contract’ in negotiations may result in a binding agreement.

12:15, 31st March 2014
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Competition v Intellectual Property - Clarity but little substantive change

Competition is a key pillar to the EU. But, to obtain true competition, innovation must be encouraged, requiring protection of intellectual property. A regulation update has provided clarity over when technology transfer agreements will be permissible, but provides little substantive improvement.

12:21, 27th March 2014
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When does noise become a nuisance?

The tort of nuisance generally protects the property interests of individuals and had laid largely dormant and settled since the middle of the 20th century. Until January 2014, Courts had taken a restrictive approach, but the Supreme Court has now taken an expansive step in Coventry v Lawrence.

12:01, 25th March 2014
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Crowdfunding: Regulation Imminent

Crowdfunding, the 21st Century method of financing business ventures without dependency on banks, is soon to be regulated in the same way as other financial products. Some fear that this will damage crowdfunding's key advantage, the availability of credit. However, is this really the case?

11:55, 22nd March 2014
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Online Bill of Rights: What might it look like?

Twenty-Five years ago yesterday, Sir Tim Berners-Lee, creator of the internet, filed the memo that led to the creation of the web. On the internet's 25th birthday, Berners-Lee has spoken out for online privacy, lobbying for an international online bill of rights, embodying original principles.

12:17, 13th March 2014
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Insolvency and Unpaid Rent: Closing of a Loophole

The Court of Appeal recently closed a loophole that caused commercial landlords to miss out on payment of rents for their tenants that had gone into administration. Thomas Horton explores the context and reasoning of the decision, and its potential consequent commercial implications.

12:01, 11th March 2014
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Costs Management: A step in the right direction

The Jackson Reforms, among other things, have resulted in the introduction of strict costs management in civil litigation, essentially capping parties' spend. There has been significant movement over the question to which cases this should apply, but we are now moving in the right direction.

12:15, 6th March 2014
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Cheap Alcohol Ban: Good news for drinkers and most businesses?

The Home Office has announced that from the 6th April, the government is to ban the sale of alcohol at what they believe are ‘ultra cheap’ prices. However, this ban is far from the originally proposed minimum price per unit. How much will this ban effect drinkers and businesses?

11:57, 4th March 2014
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Strategic Environmental Assessments: Decision-making all at SEA

The Supreme Court recently held that a European Directive applicable to plans that have a significant environmental impact is not applicable to the government's HS2 project. Is this lawful, and what lessons can be learnt for the future?

12:21, 1st March 2014
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