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Case Studies
The Internet
"I've got a great idea for an online business but I don't know how to make sure my e-shop complies with all the rules..."
Our client is a jewellery designer and importer of fashion accessories and has recently set up a small business selling clothing, jewellery and other fashion accessories. His clientele consists mainly of fashion savvy young men and women between the ages of 16 to 35 years of age. In order to reach out to his targeted market and to expand his business, our client decided to take his fashion business into the online world and start an e-shop selling fashion clothing, jewellery and accessories.
During our initial meeting, we discussed what our client would be selling and the 'look and feel' of his online e-shop. Our client also told us that he would like to be able to use personal data belonging to his customers collected via his e-shop for marketing purposes.
We discussed the specific provisions of the distance selling regulations in respect of a consumer's rights to cancellations and refunds.
Finally we made sure that because our client was keen to market to people as young as 16, he was aware of the law and the risks associated with contracting with a minor.
Having discussed all of the above we recommended that we draw up some Website Terms and Conditions and a Privacy Policy for him. These documents would be sufficient to enable him to comply with the relative minefield of consumer protection and data protection regulations which apply to selling goods online. We give our client advice to ensure that any such use of personal data for marketing purposes would comply with the privacy and electronic communication regulations and finally gave him some pragmatic suggestions for making sure that the Website Terms and Conditions and Privacy Policy are legally enforceable without dominating the look and feel of the website.
The e-shop has now gone live and he is successfully trading and trading figures are growing fast and our client can be confident that, in the event that he has any disgruntled clients, he can rely on our advice to ensure that he is compliant with all the various rules and regulations that apply.
"We need to get this website taken down, and quick. Advise us"
Our client contacted us regarding a website that claimed it was authorised by our client to do certain acts on its behalf, including collecting licensing revenues. The website had the potential to be extremely damaging to our client's business and our instructions were to ensure the website was taken down immediately. We drafted a very aggressive letter before action alleging seven different causes of action including trade mark and copyright infringement, passing off, libel and fraud, and demanded that the website was taken down immediately. We also co-ordinated counsel in three specialisms, so our client could make an emergency application for an injunction on a tight- timescale. Without prejudice discussions very rapidly resulted in the website being taken down on a permanent basis.
"Please stop these people using our trade marks as Google adwords in their advertising campaign"
Our client is an internet business with a large number of subscribers. Another internet business operating in the exactly the same field as our client was using our client?s business name both as a Google adword and in Google banner advertising. We wrote a strongly worded letter before action alleging trade mark infringement and passing off and successfully negotiated a settlement on behalf of our client wherein signed undertakings were entered into and damages and a proportion of our legal costs were paid.