Domain name disputes

The following 15 tips are not meant to substitute for legal advice from a suitable qualified lawyer. They are however a starting point for small and medium sized enterprises and consumers on UDRP and domain name disputes.

The 15 Tips

1.ICANN and the UDRP – Due to the international nature of the Internet a method of dealing with disputes over domain names that would apply internationally was needed. The Internet Corporation for Assigned Names and Numbers (ICANN) devised the Uniform Dispute Resolution Policy (the Policy) to allow a quick, affordable way to resolve domain name disputes without the cost and delays of Court litigation. The Policy is numbered from Paragraphs 1 to 9. In addition there are the Uniform Dispute Resolution Rules (the Rules). The Rules are numbered 1 to 21. The Policy sets out the legal rationale behind the Rules. The Rules set out the actual procedure of uniform domain name resolution. The 2 are to be read in conjunction. In addition each ICANN approved dispute resolution provider has its own rules.

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Contract breach lawsuits

Contract breach lawsuits

Contract breach lawsuits where there is a contract and the clauses are enforceable

What is a contract?

A contract is an agreement between individual(s) or organisation(s) (the “Parties”) that sets out the benefits and responsibilities of the Parties between themselves.

What are contract breach lawsuist?

Company A wants to install a completely new computer network system and approaches Company B to supply and maintain the new system. After a number of meetings, someone at Company A signs a quotation attached to an agreement to supply and maintain the new system. The quotation says that Company A shall make 4 instalments of £250,000 each to Company B as payment for the supply and maintenance of the new computer system. Company A then realises that they could have got a much better deal elsewhere and wish to cancel the contract with Company B. Company A writes to Company B refusing to pay, saying that the contract is cancelled because of, amongst other things, the cooling off provisions of the distance selling regulations.

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Privacy mobile apps

Data protection and privacy mobile apps is probably one of the highest priorities for mobile app lawyers.
As an entrepreneur the benefits of creating a concept that utilises tracking technology to bring people together, whether for a tryst or to build business or social communities are obvious. But what are the threats to personal privacy brought about by tracking technology, and how do you avoid any legal challenges?

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Music Management

Traditionally, artists’ managers had a more intimate relationship with artists, taking care of the business side of things, whilst the artists concentrated on making music. The manager would usually take a back seat, preferring to be behind the scenes dealing with the day-to-day running of artists’ business affairs.

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Globalisation and state music policy

According to Arthur Conan Doyle, “there is nothing more deceptive than an obvious fact”. Most of what we say about globalisation is that it obviously brings the world’s national cultures even closer together. Well that fact is not so necessarily obvious. In-fact it is argued in this article that not all territories necessarily welcome and some, if not most, actively try to resist globalisation blurring their national cultural boundaries. Some governments work diligently to control or restrict the effects of globalisation in various ways including regulation.

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Modelling Agencies

What modelling agencies do is a mystery to most people. My fashion modelling career started at the tender age of 14. After finishing in the top five, in a country wide modelling contest, I began strutting my stuff in Milan and Berlin for Gucci and Agent Provocateur. But I still had no idea how a modelling agency actually worked. I decided to quit modelling when I met my husband. It will always be a delightful time of my life.

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Branding

As branding lawyers London we understand the difference between branding and a brand. Branding Lawyers London advise on establishing a brand, branding is an action. Whereas a brand is a noun, a marketing tool. We advise on both branding and brand protection.

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Sub Saharan Africa could produce the next Internet billionaire

This article is concerned with the Sub Saharan region of Africa, which, as a whole, is not as developed as the North African region.

Did you know that in 2009, the literacy rate amongst male generation Yers in Nigeria was 78.15?

(C.f.http://www.tradingeconomics.com)

Or that Nigeria comes 7th in the world rankings of countries with the largest population.

(C.f. http://knowledge.allianz.com/?1550/world-of-seven-billion&mcg=2192994892_6870153652&kwg=Broad_2192994892_world+population)

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Comments on the Digital Economy Act 2010

The digital economy act 2010 and the debate about moral concerns and the copyright wars continue to be hotly argued. One side says the recent expansion of rights and remedies to copyright holders is grotesque and disproportionate and worst of all, it will stifle innovation. The other side, who are trying to assert their rights, are saying that efficient copyright laws are needed to deal with a shift in the ever evolving paradigm of accessing and distributing copyright material. I prefer the latter view. Efficient regulation and legislation is clearly in the public good.

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ISPs block pirate bay

ISPs block pirate bay

ISPs block pirate bay as the court finally orders the block of the notorious website.

The full list of Claimants: Dramatico Entertainment Limited, EMI records Limited, Mercury Records Limited, Polydor Limited, Rough Trade Records Limited, Sony Music Entertainment UK Limited, Virgin Records Limited, Warner Music UK Limited, 679 Recordings Limited.

The full list of the Defendants: British Sky Broadcasting Limited, British Telecommunications Plc, Everything Everywhere Limited, Talk Talk Telecom Group Plc, Telefonica UK Limited, Virgin Media Limited.

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Design Rights

Two recent interesting cases in the Patents County Court are worth noting by design copyright infringement lawyers because they expand on the issues of: sub-conscious copying; access and similarity, which arise almost routinely in copyright actions. They are Michael Mitchell and British Broadcasting Corporation [2011] EWPCC 42 before His Honour Judge Birss QC and (1) Paul Hodgson (2) Michael Jarvie (Claimants) and (1) Andrew Isaac (2) Notting Hill Studios Ltd (Defendants) before His Honour Judge Birss QC [2011] EWPCC 42. Both actions were for copyright infringement. And in both cases there were litigants in person. Mitchell represented himself and Andrew Isaac represented himself and the other defendant.

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Book Adaptation

Book Adaptation Copyright Lawyers

PAIL® Solicitors specialist book adaptation copyright lawyers review the unauthorised adaptation of a copyright protected book to a screenplay

(1) Paul Hodgson (2) Michael Jarvie (Claimants) and (1) Andrew Isaac (2) Notting Hill Studios Ltd (Defendants) before His Honour Judge Birss QC [2011] EWPCC 42.

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Internet defamation jurisdiction

Internet defamation jurisdiction

The following is a very useful Internet defamation jurisdiction case:

Internet defamation jurisdiction – C-68/93 Fiona Shevill and others v. Presse Alliance SA

(Reference for a preliminary ruling from the House of Lords) (Brussels Convention – Article 5(3) – Places where the harmful event occurred – Libel by a newspaper article).

The European Court of Justice in considering the meaning of ‘where the harmful event occured’ held as follows:

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Super injunctions are not the battleground between free speech and privacy

Super injunctions are not the battleground for free speech as they have been portrayed as being in the mass media. None of the recent cases have been about the media flouting the rules on what is in the public interest to publish.

In actual fact the issues were about information which the courts have ordered to be protected ending up on Wikipedia or Twitter. Recent press coverage does not relate to super-injunctions but anonymised injunctions.

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Internet behavioural advertising

In order to understand the controversy regarding privacy and data protection and Internet behavioural advertising, it is necessary to consider the marketing concept and philosophy. At the very core of marketing is customer satisfaction, `the Customer is King`. Please see Kotler, Philip, and Gary Armstrong. Principles of Marketing. 8th ed. Upper Saddle River, NJ: Prentice Hall, 1999. In Contemporary Issues in Marketing and Consumer Behaviour, Elizabeth Parsons and Pauline Maclaran the following excerpt elucidates the importance of data to the core marketing concept:

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