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Chapter

Cover Essential Cases: Criminal Law

R v Brown [1994] 1 AC 212, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Brown [1994] 1 AC 212, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Brown [1994] 1 AC 212, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Brown [1994] 1 AC 212, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Information Technology Law

14. Branding, trade marks, and domain names  

This chapter examines the role of trade marks in the creation of brand portfolios online, including internet addresses or domain names. It first provides an overview of branding and trade marks in the global business environment, trade mark characteristics, and the distinction between registered and unregistered trade marks, and then looks at domain names as address tools and brand identifiers. The chapter also considers early disputes over rightful ownership of trade marks and domain names, examining the development of cybersquatting case law before the UK and US courts. It discusses the allocation of new generic top-level domains under the New gTLD procedure and examines the legal safeguards for trade mark holders under the procedure. The primary focus of the chapter is the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy and its domestic counterpart in the UK, the Nominet Dispute Resolution Service.

Chapter

Cover Information Technology Law

15. Brand identities, search engines, and secondary markets  

This chapter examines brand identities, search engines, and secondary markets and their operation in the information society. It considers jurisdiction and online trade mark disputes, as well as search engine optimization and the role of Google and the impact of its search engine services on brand profile and market presence. The chapter goes on to examine secondary markets and the liability of sellers of counterfeit products for the abuse of trade marks. The chapter concludes with a summary of the changing nature of online branding and the diminishing impact of domain names to cement brand identity, as well as the growing influence of developments to web browser functionality on consumer behaviour.

Chapter

Cover Information Technology Law

14. Branding, trademarks, and domain names  

This chapter examines the role of trademarks in the creation of brand portfolios online, including internet addresses or domain names. It first provides an overview of branding and trademarks in the global business environment, trademark characteristics, and the distinction between registered and unregistered trademarks, and then looks at domain names as address tools and brand identifiers. The chapter also considers early disputes over rightful ownership of trademarks and domain names, examining the development of cybersquatting case law before the UK and US courts. It discusses the allocation of new generic top-level domains under the New gTLD procedure and examines the legal safeguards for trademark holders under the procedure. The primary focus of the chapter is the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy and its domestic counterpart in the UK, the Nominet Dispute Resolution Service.

Chapter

Cover Information Technology Law

15. Brand identities, search engines, and secondary markets  

This chapter examines brand identities, search engines, and secondary markets and their operation in the information society. It considers jurisdiction and online trademark disputes, as well as search engine optimization and the role of Google and the impact of its search engine services on brand profile and market presence. The chapter goes on to examine secondary markets and the liability of sellers of counterfeit products for the abuse of trademarks. The chapter concludes with a summary of the changing nature of online branding and the diminishing impact of domain names to cement brand identity, as well as the growing influence of developments to web browser functionality on consumer behaviour.

Chapter

Cover Competition Law

16. Vertical agreements  

This chapter examines the application of Article 101 TFEU and the Chapter I prohibition in the UK Competition Act 1998 to vertical agreements. The chapter begins by briefly describing the distribution chain, followed by sections on how the law applies to vertical integration and agency agreements. It discusses the competition policy considerations raised by vertical agreements, including the challenges presented by the emergence of online commerce. It explains the application of Article 101 to various vertical agreements while considering the case law of the EU Courts and the position of the Commission in its Guidelines on Vertical Restraints. The chapter goes on to discuss the provisions of Regulation 330/2010, the block exemption for vertical agreements; and the application of Article 101(3) to vertical agreements. The chapter then contains sections on Regulation 461/2010 on motor vehicle distribution and on sub-contracting agreements. Finally, it looks at the position in UK law.

Chapter

Cover Competition Law

16. Vertical agreements  

This chapter examines the application of Article 101 TFEU and the Chapter I prohibition in the UK Competition Act 1998 to distribution agreements. The chapter begins with a discussion of distribution chains in the modern economy, looking at the various ways in which producers market their goods or services to consumers; these have been enormously enhanced by the emergence of the digital economy. This is followed by sections on how the law applies to producers carrying on their own distribution function (‘vertical integration’), commercial agency and vertical sub-contracting relationships. It discusses the competition policy considerations raised by distribution agreements, and explains the application of Article 101 to various different types of distribution agreements. This is followed by a section on the provisions of Regulation 330/2010, the block exemption for distribution agreements, and the individual application of Article 101(3) to distribution agreements. The chapter then contains sections on Regulation 461/2010 on motor vehicle distribution. Finally, it deals with the application of the Chapter I prohibition in the UK Competition Act 1998 to distribution agreements.

Chapter

Cover Jones & Sufrin's EU Competition Law

11. Vertical Agreements  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter, which discusses EU competition policy towards vertical agreements, begins by outlining the choices available to a supplier when deciding how best to market and sell its products or services to customers, and the impact that the competition rules may have on a supplier’s choice. It then discusses the evolution of the EU approach to vertical agreements, from the early days of EEC competition to now, especially as reflected in the Commission’s Verticals Guidelines of 2022, including exclusive dealing, single branding, franchising, and selective distribution agreements. It considers the importance in EU law of parallel trade between Member States and how this has influenced policy towards vertical restraints. It analyses the application of Article 101(1) and Article 101(3) to vertical agreements, including the verticals block exemption of 2022; and subcontracting agreements.