IT & e-business disputes
Technology is now playing an ever-increasing role in the way business is conducted, and we are ready to advise our clients on any legal questions relating to the use of IT in business, as well as the issues which are likely to arise when operating internet based e-businesses.
Today, legal issues relating to the use of IT in business will affect all businesses, regardless of whether or not they consider themselves to be in an internet based or technology driven industry. Extensive Court rules have now been implemented which govern the preservation and disclosure of all forms of electronic data and documents when parties are (or expect to be) involved in Court proceedings. The consequences for parties who fail to abide by these rules can be extremely costly. Given the widespread use of emails, portable storage devices, BlackBerrys/smartphones and other forms of electronic documents in even the most traditional of businesses, companies will find that there are a multitude of IT related issues which need to be considered if they become involved in a dispute which may result in Court proceedings.
As well as advising on these issues of universal concern, our team can also advise those clients more directly involved in the e-business arena on issues such as contested domain name disputes, the ownership of intellectual property rights (“IPR”) in website designs, and the use of URLs, metatags and search engines in relation to claims for passing off and/or IPR infringement.
Some examples of recent IT/e-business matters we have been involved in include:
- representing a major international brand owner in proceedings against an internet based grey market dealer selling parallel imports of our client’s luxury goods
- representing a brand owner in obtaining the transfer from a third party of the ownership of domain names incorporating the client’s trade mark
- advising a brand owner on issues relating to the use by third parties of its trade marks in metatags and Google Adwords
- acting for a trade mark owner in respect of third party online advertisements using a confusingly similar product name.
For further information on this or any other litigation issue, please contact Stuart Evans by emailing Stuart or by calling him on 08450 990045, or speak to your usual contact in the Commercial Disputes Team.
Here is a selection of articles we have written on issues relating to IT / e-business disputes:
Libel Tourism – why English Courts are still the preferred venue for many international claimants
Brave New World – Court rules emphasise the need for early cooperation on Electronic Evidence
Defamation on Facebook - protecting your professional reputation