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5. Topic: Degrees of Deception: Internet and Consumer Fraud What Happened: Many online education programs, also known as “diploma mills,” offer degrees or certificates for a flat fee, through programs that require little course work, if any, and often award degrees based solely on life experience. They even claim that they are accredited when they are not. Such fraudulent institutions have increased in the recent years due to the accessibility of the Internet. Colleges and universities accredited by legitimate organizations must undergo a rigorous review of the quality of their educational programs. Although many diploma mills claim to be accredited, their “accreditation” is often from a spurious, but official-sounding agency that they created. The FTC is taking a strong stance in stopping “diploma mill” fraud. Comments: The United States Department of Education (“DOE”) has a website, www.ope.ed.gov/accreditation, for checking out the DOE's "Postsecondary Educational Institutions and Programs Accredited by Accrediting Agencies and State Approval Agencies Recognized by the U.S. Secretary of Education"
URUGUAY Dr. Rafael Zerbino Bado, Kuster, Zerbino & Rachetti rzerbino@bkzr.com.uy www.bkzr.com.uy 1. Topic: Image Rights Where: Civil Court of first instance of the 6 th Circuit When: July 1989 What Happened: The reproduction on the cover of an exercise book, among other city sights, is a picture showing the plaintiff in the role of "Mama Vieja" in the "Llamadas" carnival parade. Comments: The reproduction of the image does not constitute an illicit conduct pursuant to Subsection 3 of Article 21 of Law No.9.739, which establishes exceptions to the rule of express consent. Our case law held that the provisions of Article 21 of the referenced law apply to the individual, but not to the character being interpreted. In application of this criterion, the person whose image in the interpretation of the character of "Mama Vieja" was used on the cover of an edition of exercise books was excluded from this norm. This is confirmed in Subsection 8 of Article 45 of Law No. 9.739*. In the first place, because the event shown in the picture took place in public within the context of an activity traditionally open and expansive, such as the celebration of carnival and the participation in this type of event implies a waiver of privacy, knowing full well that the image will be widely publicized. In the second place, because the image whose reproduction figures on the cover of the exercise books, is not the picture of the plaintiff, but of the character being interpreted by an individual, there is no interest in the person playing the part of "Mama Vieja". *The ruling of this landmark case was based on the provisions Art. 21 of Law No.9.739. The new Copyright Law No. 17.616 of 10 January 2003 has modified several articles of this law, but the provisions of Art. 21 remain unchanged. 2. Case Report: María Tarabal vs. Diario El País S.A. Topic: Infringement of Image Rights Where: Civil Court of first instance of the 5 th Circuit When: December 1997 What Happened: The picture of Magela Buysan, a publicity model, was used in the sales promotion of a magazine, without consent. Ms. Buysan sued for damages for civil liability not covered by contract and unjust enrichment. Although the plaintiff was photographed in a public place -the weekly Feria in the Villa Biarritz Park- and the picture published with her consent in the society pages of the magazine "Paula" published by El País S.A., later on and without her consent, the image was used to promote the sale of said magazine in publicity spots in TV and advertisements in the press.
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Table of Contents Argentina Page 5
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United States Page 130 Uruguay 133
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marketing campaigns. The Code provi
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AUSTRALIA Peter Le Guay Cowley Hear
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The regulations are designed to inf
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Flight Centre's airfares were guara
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AUSTRIA Stefan Kofler Greiter Pegge
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BOLIVIA Alexandra Blanco Guevara &
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BRAZIL Valdir Rocha Veirano Advogad
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5. Title “Faculdades Hélio Rocha
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CANADA Wendy Reed Geneviève Marcot
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Second, the finding makes clear tha
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CHILE Rodrigo Albagli Guillermo Riv
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The Council let the claimant know a
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COLOMBIA Ricardo Duarte Duarte Duar
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3. Legislation Decision or sentence
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advertising and information. Nevert
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ody parts. Even if all intimate par
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CROATIA Mladen Vukmir Vukmir & Asso
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the sentences used in the campaign
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DENMARK Johan Løje Hans Flensted -
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unsolicited electronic mail in the
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FINLAND Bernt Juthström, Mikael Se
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on information to be given in respe
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practices by marketing COKO buildin
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2. Case Report Topic: The represent
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4. Self-regulation Topic: Can cigar
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HUNGARY Matias Vallejos Meana Sall
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4. Title Easyjet Topic: Comparative
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A complaint was also received by th
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Regulator (ComReg). Under the regul
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3. Legislation Topic: Consumer Prot
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Quite clearly the models are posing
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In this context measures taken to p
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models through a clear and illicit
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The Jury found that: - company B’
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Considering that the fidelity card
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JAPAN Wilfred Wakely Aiba & Partner
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cease and desist orders, administra
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The Court held the trademark was us
Page 82 and 83: 2. Title TELEVISION ADVERTISING LES
Page 84 and 85: NEW ZEALAND Monica Choy Hesketh Hen
Page 86 and 87: 3. Title Credit Card Companies Pros
Page 88 and 89: 6. Title Therapeutic Services Adver
Page 90 and 91: PERU José Barreda Barreda Moller m
Page 92 and 93: - When it contains a false name or
Page 94 and 95: POLAND Ewa Skrzydło-Tefelska SKS L
Page 96 and 97: 3. Issue: Advertising of medicines
Page 98 and 99: Comments: This decision shows that
Page 100 and 101: ROMANIA Florentina Dumitrescu Wood
Page 102 and 103: or services offered by it. Accordin
Page 104 and 105: following the legislative initiativ
Page 106 and 107: SOUTH AFRICA Chris Job & Lindsey Ki
Page 108 and 109: 3. Misleading Advertising Topic: Ad
Page 110 and 111: In the amended advertisement the ph
Page 112 and 113: 8. Offensive Advertising Topic: Sec
Page 114 and 115: SPAIN Gerhard W. Volz Schiller Abog
Page 116 and 117: The criticisms made against the Dra
Page 118 and 119: SWEDEN Michael Plogell Wistrand Adv
Page 120 and 121: fulfill the requirements of the MPA
Page 122 and 123: published advertisements aren’t p
Page 124 and 125: single bill, customer portal, 24-7
Page 126 and 127: Polo says it all - small but tough.
Page 128 and 129: 6. Case Report Topic: Licensing Int
Page 130 and 131: UNITED STATES Douglas J. Wood Jenni
Page 134 and 135: The court held that the image right
Page 136 and 137: penalties stipulated in the law. Th
Page 138 and 139: 2. Case Report Topic: Incorporation
Page 140 and 141: 4. Case Report Topic: Fair Competit
Page 142 and 143: transmission of institutional messa
Page 144 and 145: make its own determinations, and in
Page 146 and 147: CHILE Rodrigo Albagli & Guillermo R
Page 148 and 149: JAPAN Wilf Wakely Aiba & Partners 4
Page 150: SWITZERLAND Peter Hofer Frick, Hofe
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