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AUSTRIA Stefan Kofler Greiter Pegger Kofler & Partner stefan.kofler@lawfirm.at www.greiter.lawfirm.at 1. Title Tax Exemption for Sweepstakes Topic: Law on tax exemption for sweepstakes Where: Austria When December 30, 2004 What Happened: In Austria, prizes from games and sweepstakes were subject to taxation. Gift tax had to be paid on the value of the prize. Both the winner and the organizer of the game were liable for the payment of the gift tax. With the law of December 30, 2004, BGBl I 2004/180, tax exemption for prizes from games and sweepstakes was introduced. Gift tax no longer has to be paid on such prizes. The tax exemption was retroactive to January 1, 2004. The reason for this new law was that up to then, prizes won in games run by Austrian National Broadcasting were tax-exempt. However, prizes in games run by private television stations were subject to tax. The Constitutional Court objected that this was a violation of the principle of equality. Legislation is now such that all prizes from games and sweepstakes are exempt from taxation. 2. Title “Memory” Still Protected Topic: Trademark protection for “Memory” for games confirmed Where: Supreme Court, Austria When July 6, 2004 What Happened: The plaintiff was the owner of the trademark “Memory“ for a game. The defendant was a competitor of the plaintiff, who had also called a card game “Memory”. Both of the games were games where pairs had to be found from a number of different cards. The defendant claimed that the description “Memory” for games of this type had become customary in the established practices of the trade. The Supreme Court approved the claim and confirmed that the protection of the trademark “Memory” was to remain upright. This mark had therefore, in the opinion of the Supreme Court, not become a customary description for such games, which would have deterred such a trademark protection. There are a number of different names that could be used for such a game, not only “Memory”. In Austria the trademark “Memory” is still protected.
3. Title Pornographic Home Page Topic: Link to pornographic home page Where: Supreme Court, Austria When November 18, 2003 What Happened: The defendant was the owner of a home page. On this home page there was a link to a website with pornographic content (www.pornotreffpunkt.at). The proprietor of the website www.pornotreffpunkt.at had violated the ecommerce laws. The plaintiff filed a law suit and argued that the defendant was responsible for the violations on the linked site due to its link to that home page (www.pornotreffpunkt.at). The defendant objected that a link to a home page does not result in responsibility for that home page. The Supreme Court decided that with its link to the home page (www.pornotreffpunkt.at) the defendant had made the content of that home page part of its own internet offer. For this reason the defendant was also responsible for the violations of the law committed by the proprietor of the home page www.pornotreffpunkt.at. Prerequisite for such responsibility is that the link is designed in a way that the linked home page is integrated in content to the other website.
Page 2 and 3: Table of Contents Argentina Page 5
Page 4 and 5: United States Page 130 Uruguay 133
Page 6 and 7: marketing campaigns. The Code provi
Page 8 and 9: AUSTRALIA Peter Le Guay Cowley Hear
Page 10 and 11: The regulations are designed to inf
Page 12 and 13: Flight Centre's airfares were guara
Page 16 and 17: BOLIVIA Alexandra Blanco Guevara &
Page 18 and 19: BRAZIL Valdir Rocha Veirano Advogad
Page 20 and 21: 5. Title “Faculdades Hélio Rocha
Page 22 and 23: CANADA Wendy Reed Geneviève Marcot
Page 24 and 25: Second, the finding makes clear tha
Page 26 and 27: CHILE Rodrigo Albagli Guillermo Riv
Page 28 and 29: The Council let the claimant know a
Page 30 and 31: COLOMBIA Ricardo Duarte Duarte Duar
Page 32 and 33: 3. Legislation Decision or sentence
Page 34 and 35: advertising and information. Nevert
Page 36 and 37: ody parts. Even if all intimate par
Page 38 and 39: CROATIA Mladen Vukmir Vukmir & Asso
Page 40 and 41: the sentences used in the campaign
Page 42 and 43: DENMARK Johan Løje Hans Flensted -
Page 44 and 45: unsolicited electronic mail in the
Page 46 and 47: FINLAND Bernt Juthström, Mikael Se
Page 48 and 49: on information to be given in respe
Page 50 and 51: practices by marketing COKO buildin
Page 52 and 53: 2. Case Report Topic: The represent
Page 54 and 55: 4. Self-regulation Topic: Can cigar
Page 56 and 57: HUNGARY Matias Vallejos Meana Sall
Page 58 and 59: 4. Title Easyjet Topic: Comparative
Page 60 and 61: A complaint was also received by th
Page 62 and 63: Regulator (ComReg). Under the regul
Page 64 and 65:
3. Legislation Topic: Consumer Prot
Page 66 and 67:
Quite clearly the models are posing
Page 68 and 69:
In this context measures taken to p
Page 70 and 71:
models through a clear and illicit
Page 72 and 73:
The Jury found that: - company B’
Page 74 and 75:
Considering that the fidelity card
Page 76 and 77:
JAPAN Wilfred Wakely Aiba & Partner
Page 78 and 79:
cease and desist orders, administra
Page 80 and 81:
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 132 and 133:
5. Topic: Degrees of Deception: Int
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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