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  • Article

    Competition Authority Raids IFA Offices

    According to reports, at 10am on Friday 13 May last, up to 15 officials from the Irish Competition Authority, accompanied by a Garda Detective, conducted a 'dawn-raids on the Irish Farmers Association offices in Dublin.
    IrelandAntitrust/Competition Law
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Shoe Frenzy – Louboutin’s "Red Sole" Trade Mark Under Attack

    A United States Southern District Judge has refused an application for a preliminary injunction by designer Christian Louboutin where he had sought to prevent Yves Saint Laurent ("YSL") from selling shoes that copy Louboutin’s famous red soles.
    IrelandIntellectual Property
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Apple Secures Europe Wide Injunction To Stop Infringement Of Ipad Design

    Apple Inc has secured a Europe wide injunction against South Korean technology manufacturer Samsung Electronics Co. which will prevent the sale of Samsungs "Galaxy Tab 10.1" tablet computer.
    IrelandPrivacy
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Safeguarding The National Anthem

    Minister for Finance Michael Noonan has confirmed that copyright in the national anthem of Ireland will expire at the end of 2012. This department currently holds the copyright in the anthem
    IrelandIntellectual Property
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Apple Launches The iCloud

    Apple recently announced the launch of the iCloud service which marks its most significant move into the world of cloud computing.
    IrelandMedia, Telecoms, IT, Entertainment
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    A Guide To The Alternative Investment Fund Managers Directive

    The Alternative Investment Fund Managers Directive ("AIFM Directive") will automatically apply to AIFM located in the EU. Its scope will also cover AIFM located outside the EU who manage EU based alternative investment funds ("AIF") and also, to a certain extent, non-EU AIFM managing non-EU AIF that are marketed in the EU.
    IrelandFinance and Banking
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Reform Of The State's Employment Rights And Industrial Relations Structures And Procedures

    The Irish Minister for Jobs, Enterprise and Innovation, Richard Bruton recently announced plans to restructure the current system of employment law enforcement in Ireland. In essence the Minister’s intention is to streamline the current system which currently comprises various industrial relations and employment rights bodies into an integrated two tier structure.
    IrelandEmployment and HR
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Celebrity Banisteoir – Has The Final Whistle Blown?

    A man has sued RTE in the High Court claiming that RTE stole the idea for a television show, Celebrity Bainsteoir.
    IrelandIntellectual Property
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Right To Information In Sex Discrimination Cases

    In a decision issued on 21 July, the European Court of Justice has held that although the burden of proof can shift from the Respondent to the Claimant in circumstances where the Claimant can show that there are facts from which it may be presumed that there has been direct or indirect discrimination, and thereafter it is up to the Respondent to prove that there has been no breach of the principle of equal treatment (i.e. burden shifting), the Claimant has no automatic right to informati
    European UnionEmployment and HR
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    The Akzo Nobel Case - "Forgive me Father!"

    Following the judgement of the European Court of Justice in Akzo Nobel v Commission, parent companies can expect to be held jointly and severally liable for any infringements of EU competition law committed by their subsidiaries.
    IrelandCorporate/Commercial Law
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Judicial Review - Court Upholds Decision of Pensions Ombudsman

    A construction company that failed to pay contributions to a pension scheme is held liable to pay full death benefit to a widow. Judicial review upholds decision of the Pensions Ombudsman.
    IrelandEmployment and HR
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Celebrity Banisteoir – The Final Whistle Has Blown

    The High Court has ruled against a man who had claimed that RTE and journalist Fiona Looney stole the idea for a television show, Celebrity Bainsteoir. Patrick Kinsella claimed that he presented RTE with an idea for a show called Top Coach or Top Team in August 2007.
    IrelandIntellectual Property
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    ISP Records a Hit in the High Court

    Yesterday, Mr. Justice Charleton in the Commercial division of the High Court refused to grant an injunction against an Internet Service Provider ("ISP") forcing it to take steps to prevent the illegal file-sharing of music by its customers.
    IrelandMedia, Telecoms, IT, Entertainment
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    ISP Records a Hit in the High Street

    The Commercial Division of the High Court recently refused to grant an injunction to EMI and other record companies against UPC, an Internet Service Provider (ISP). Kate Colleary examines the decision and its consequences.
    IrelandConsumer Protection
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Changes To "Cookie" Law

    New rules governing the use of internet cookies and other similar technologies have come into force following the Irish transposition of an EU Directive.
    IrelandMedia, Telecoms, IT, Entertainment
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Timeframes for Review of the Award of Public Sector Contracts

    On 8 September, the timeframe for reviewing the award of public sector contracts was clarified by S.I. No. 420 of 2010 (the "S.I."). The S.I. substituted a new Order 84A in the Rules of the Superior Courts so that it is now consistent with European law.
    IrelandReal Estate and Construction
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Moving the Goalposts

    On 30 April 2010 the Minister for Communication, Energy and Natural Resources announced his intention to add a number of major Irish sporting events to those that must be broadcast free-to-air on terrestrial television. The most vocal opponents to the proposal have been The Irish Rugby Football Union (IRFU). Stephen D’Ardis hits the ruck.
    United KingdomMedia, Telecoms, IT, Entertainment
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Re-Domiciling Funds To Ireland – Legal Measures Giving Full Effect To The Regime Now In Place

    A commencement order supporting the Companies (Miscellaneous Provisions) Act, 2009 (the "2009 Act") has now been signed into law, giving immediate full effect to a new procedure for corporate investment funds to relocate to Ireland from other jurisdictions or vice versa.
    IrelandFinance and Banking
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    Ireland Performs Strongly in Global Comparison of Foreign Direct Investment Regulation

    Ireland’s economy received a welcome endorsement recently when its status as a leading location for foreign direct investment (FDI) was confirmed by The World Bank in its Investing Across Borders 2010 survey.
    IrelandEnvironment
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney
  • Article

    The Arbitration Act 2010 - "A Significant Reform"

    The Arbitration Act 2010 (the 'Act') came into effect on 8 June last year. It applies to all arbitrations beginning on or after that date.
    IrelandCorporate/Commercial Law
    Eversheds O'Donnell Sweeney
    Eversheds O'Donnell Sweeney

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