Is there any future for the protection of web hosting services liability in the current counter-terrorism era?

*Note this is from an earlier publication on 3 March 2017

The future of Web Hosting Services (“WHSs”) legal protection has the potential to become darker in the terrorism era. The political willingness to make Internet Intermediaries more responsible in the fight against terrorism challenges Freedom of Expression protection online and may certainly lead to private censorship, raising as well the question of the privatization of public enforcement…

An evaluation of the view: "Dilution should be recognized as a form of damage in passing off as it is in the law of registered trade marks."

*Note this is from an earlier publication on 3 March 2017

Dilution is formally recognised as a head of damage in the law of registered trade marks; in Adidas-Salomon AG and Adidas Benelux BV v Fitnessworld Trading Ltd [2003]), AG Jacob divided dilution into three elements: (1) free riding (use which takes unfair advantage); (2) blurring (use which is detrimental to distinctive character); and (3) tarnishing (use which is detrimental to repute). Dilution should be recognised as a form of damage in passing off as it is in the law of registered trade marks because this would (i) protect the distinctive character and good will of a mark; (ii) extend protection where goods are dissimilar; (iii) and protect against unfair competition and free riding…