Monthly Archives: November, 2024
Edwards, Harbinja and McVey, ‘Governing Ghostbots’
ABSTRACT This article discusses the legal implications of a novel phenomenon, namely, digital reincarnations of deceased persons, sometimes known as postmortem avatars, deepfakes, replicas, holographs, or chatbots. To elide these multiple names, we use the term ‘ghostbots’. The piece is an early attempt to discuss the potential social and individual harms, roughly grouped around notions […]
Rob Batty, ‘Infringing a Trade Mark that Has Been Revoked: An “Academic” Question?’
ABSTRACT It is a core facet of trade mark law that the property rights created by the registration of a trade are subject to a ‘use it or lose it’ philosophy. An aggrieved person can apply to revoke a trade mark registration that has not been put to genuine use for a continuous period of […]
‘Who is the average consumer? CJEU in Compass Banca (C-646/22)’
On the 14th of November, the CJEU published its long-awaited decision on Compass Banca (Case C-646/22; we have previously discussed it here). In this case, the CJEU, for the first time, elaborated on who the ‘average consumer’ is, especially in light of the persistent critiques from behaviouralists, and further clarified the assessment of and the […]
‘Extracting Informed Consent’
Winterbotham v Shahrak [2024] EWHC 2633 (KB): Background. In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was […]
‘LIBOR Cessation, Implied Terms and Alternative Reference Rate: English High Courts Decides’
LIBOR cessation is one of the most important issues in commercial law in the recent times. With trillions of dollars with contracts indexed to LIBOR and its recent cessation, it is important that courts world over deal with it in a fair manner. This article may be looked at for how international arbitral tribunals have […]
Mondal and Ganguli, ‘Deceitful Trade Names in the Era of Social Media: An Exploration of Influencer Marketing and Consumer Deception’
ABSTRACT ‘An Exploration of Influencer Marketing and Consumer Deception’ delves into the evolving landscape of influencer marketing, where the power of social media has enabled influencers to play a significant role in consumer behaviour. The piece explores how influencers, often trusted for their authenticity and relatability, can sometimes engage in misleading practices by endorsing products […]
Higgins and Yap, ‘Class Actions in Context: Distinguishing Regulation, Tort, and Procedure’
ABSTRACT The description of the use of class actions in mass torts litigation as ‘an evolutionary form of “privatised regulation”’ is not normatively inert. It has the potential to shape the way we understand, justify, and evaluate mass torts class actions, with practical implications for their development. Unfortunately, the description is inaccurate and distorting. Class […]
Alex Waghorn, ‘What’s the Point of Proprietary Estoppel?’
ABSTRACT This short note looks at three criticisms that might be made of Guest v Guest [2022] UKSC 27. It does so by reference to cases decided in the 2 years since Guest was decided. Waghorn, Alex, What’s the Point of Proprietary Estoppel? (October 3, 2024). A version of this paper will appear in The […]
Mona Naomi Lintvedt, ‘Under the Robot’s Gaze’
ABSTRACT This article delves into the power dynamics at play in human-robot interactions, using gaze theory and panopticism to argue that social robots exert a form of disciplinary power over humans. It challenges the notion of gaze as merely visual by highlighting the sensory and psychological dimensions of omnipresent surveillance that robots are capable of. […]
Myles Pulsford, ‘The Federal Court’s Defamation Jurisdiction: Revisiting Crosby v Kelly (2012) 203 FCR 451′
ABSTRACT The interpretation adopted by the Full Federal Court of Australia in Crosby v Kelly (2012) 203 FCR 451 of s 9(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) as a law of the Commonwealth for the purposes of s 76(ii) of the Constitution, and as a source of federal jurisdiction, has had […]