Our litigation solicitors can handle domain name disputes and other claims relating to the internet, eCommerce and social media.
A domain name is the www bit that you type in to the address bar on your web browser.
Our solicitors can help you if you have a domain name dispute. Usually, for .UK domains (such as .co.uk) this will be through Nominet’s DRS (Dispute Resolution Service) which is an arbitration service set up by the company that operates UK domains. Our team have also dealt with .com domains in the past.
We can help with so called “domain squatting” whereby someone has registered your brand name or something similar. In law, this usually forms a claim for Trademark Infringement or the Tort of Passing Off.
Passing Off is where one company uses a brand name, word or style of another company. Our team are vastly experienced with passing off online, where people think the law doesn’t apply sometimes! We have dealt with claims where people have sold products on Amazon or eBay that infringe trademarks and brand names. We’ve also advised on AdWord infringement. We were involved in a law-making case in 2017 involving Trademarks and Amazon AZIN selling pages.
AdWords are the paid for Google Adverts which appear at the top of every search. You often see a competitor bidding on brand terms so they rank higher than you online! We can help bring a legal case to stop this from happening. The key issue is whether use of the brand name within the ad is “likely to cause confusion” as to the origin of the relevant goods or services. If you have a registered trademark, then Google sometimes assist in removing the Ad. Otherwise, we might need to issue legal proceedings to protect your brand.
Social Media Law is a fast growing area. While claims a typically for the rich and famous, because of the costs involved, that does not mean that legal advice is necessary. Claims in respect of Twitter, Facebook etc are usually related to Defamation of Character – libel – whereby something untrue is written which affects your reputation. I can help with this cases, in issuing urgent High Court Injunction Proceedings to have Twitter remove the tweet, for example, and to sue for damages as appropriate. Social Media Law however usually involves me advising companies on “who owns a social media account”, drafting social media policies, employees posting negative or confidential information online, plus much more. In short, if something affects you or your business online or on social media, our solicitors can provide expert legal advice on the subject.
Kickstarter (and other similar crowdfunding sites like Indiegogo) are sites where businesses can get funding for a project or new product. Most of the time, they are “donation based”. Thus, you will not see many kickstarter solicitors giving legal advice. However, as with all new starting projects, there are always legal issues to consider, including protecting intellectual property such as Trademarks, Designs and Patents, as well as ensuring that your terms and conditions are the best they can be. I can help.