Intellectual Property Assets and Online Content Protection Case Studies
Customised legal advice on Intellectual Property Assets and Online Content Protection
Fast Track 50 – CRM App Tech
The management team of this dynamic, fast growing technology company urgently required additional legal support when they faced an increase in demand for their new technology product and an already overstretched management team. They needed to get specialist legal advice, having already tried more general commercial legal advice, to expand their capability to deal with the demand from major multinational licensees and for significant deployment in the US. Approaching PAIL®, the commercial director requested the principal solicitor to swiftly pick up where the previous law firm had left off and get on with the work with little instructions.
This technology company owns and manages a suite of proprietary technology products to improve customer experience and content management for businesses. The company wanted terms and conditions for its US licensees. Terms and conditions for UK licensees. Advice concerning a licence with GE Capital International in the US. The issues included insurance; complying with GE Capital’s license compliance rules for licensors; warranties; indemnities; service levels; intellectual property; jurisdiction.
The results: Within a few telephone meetings discussing instructions, PAIL® assisted the company to complete their licence with GE Capital. They have also been of assistance in dealing with issues raised by UK corporate licensees in completing UK licence agreements. The company has been using PAIL® to draft their contracts ever since.
Client said:
“A thorough understanding of GDPR and Internet contract.”
PAIL said:
“This was a brilliant win-win situation for the client and the firm. The issue of US jurisdiction was not without its challenges but we were able to overcome these with input from our US consultant. We were also able to deal with the issue of data processing outside the EEA which is an issue that has arisen now for several of our Internet and technology clients.”
Global Luxury Garments Manufacturer – eCommerce and Trademarks
A long established Chines manufacturer supplying garments to European luxury stores launched five e-commerce websites simultaneously, owned and managed by two separate limited companies. One website was a relaunch of an established business over 50 years old. The challenge was that many other existing businesses were using the same or similar brand names. There were also several different products that the client wanted to market targeting various demographics. The client was a global business and wanted to protect the brand accordingly.
The results: The results: PAIL® was able to quickly put together a strategy. Advising on the creation of several sub-brands appropriate to the varying generations and demographic data. Also advising on protection for these brands and domain names. Advising on which marks to apply for based on a risks analysis of opposition and likelihood of success. Peter Adediran worked over a period of one year securing several different marks for the client across the UK and Europe. Ensuring that any material issues were highlighted with the commercial director as soon as possible. The registration applications were all completed just before the Christmas period of 2015 and have all been registered successfully. There were over 20 applications in total.
Client said:
“I would highly recommend PAIL® Solicitors. Peter’s knowledge and expertise in the area of online businesses and brands was hugely valuable and this was complimented by his professional approach - a pleasure to do business with.”
PAIL said:
“It’s been a real challenge managing all of the marks in the Aziz and Adam Ross family of marks. The close working relationship the firm has developed with the commercial team has been invaluable in delivering the quality of service that has kept them as a client.”
Major Digital Marketing Agency – native mobile app
This digital marketing agency approached PAIL® because it had developed an employee related native mobile app for iOS and Android. The agency wanted to roll-out the mobile app to blue-chip global companies. It had agreed on a licensing deal with Sony Entertainment Inc. The agency was looking for a licensing agreement that would be acceptable to Sony and that they could use as a template for future blue chip licensees worldwide. The issues included data protection; warranties; service levels; and intellectual property. The agency decided to engage PAIL® Solicitors.
The results: PAIL® was able to play their part in getting the contracts agreed by Sony's in-house legal team by exploring several different solutions to overcome legal challenges.
Client said:
“They were very good at understanding our licensees’ requirements around privacy and GDPR compliance.”
PAIL said:
“We produced an excellent result for our client. We were able to make an immediate impact on the deal between our client and the licensee, by dealing with issues of concern that were raised by the licensee. The US East Coast data processor needed to be compliant with GDPR. There was a concern with the extent of warranties, and the client’s exposure to liability generally. We prepared the terms and conditions for the end users. We were able to relieve the workload of our clients’ management team by being proactive in finding solutions to getting the license agreed. We integrated into the team very quickly, and the contracts have been a great success.”
International Modelling Agency
This Brazilian international modelling agency approached PAIL® when two of its senior bookers had an idea to set up a scouting agency operating throughout Europe and worldwide, to introduce new Brazilian faces to the European and worldwide market. The challenge was to persuade the principal Brazilian agency to accept a non-exclusive agreement that could be signed between the agency set up by the bookers and other local Brazilian agencies. There were also agreements with the major London agencies.
The results: PAIL® were retained and instructed to draft and advise on Model Scouting Agreements, Mother Agency Agreements, Agency to Agency Agreements (Brazil), Agency to Agency Agreements (London). The agreements were very successful with the London and Brazilian agencies.
Client said:
“Effective contracts that stand up in court”
PAIL said:
““This instruction has been an excellent opportunity for PAIL® to show-case our knowledge of modelling related contracts, international law, and to extend our network with the major London and Brazilian agencies. We have been able to negotiate with a very high quality level of client, and partners in the modelling business, and have really enjoyed this assignment. The issues that were most challenging were ensuring that: the models were represented by our client throughout the world; restricting the ability of any contact to which our client introduces a model to contact that model for modelling work without our client’s knowledge and consent; and advising on conflicts with Brazilian law of which there were several. In the past, the work for model agency start ups have lacked that international aspect, and involvement into the network of the major agencies. No more - the network available to us has changed dramatically for PAIL® in this practice area and, as a result, our ability to serve clients has improved significantly.” ”
ReAgent – website copyright plagiarism
CC’s management team approached PAIL® Solicitors as they were in urgent need of an experienced lawyer to assist them with the main competitor that had copied substantial parts of their website, including text word for word and three hundred and fifty-seven photographs from CC’s product catalogue and then distributed the photographs to other competitors. The case which involved extremely complex issues was more than just a box-ticking exercise. It required a lawyer with the ability and experience to analyse the facts and highlight any key issues that needed to be dealt with to outmanoeuvre the defendant who was represented by a prestigious City firm of litigators.
The results: The results: PAIL® quickly dealt with all the preliminary issues. Peter Adediran managed the case throughout and liaised directly with the management team. Over eight months, the matter settled by way of a settlement with substantial damages and legal costs in favour of our client.
Client said:
“Peter is a dream to work with. His costs are fair, communication excellent and responsiveness flawless. I am most satisfied with the settlement which Peter negotiated on our behalf and I would recommend him without hesitation.”
PAIL® said:
“It is always very helpful working with a professional corporate management team like ReAgent’s because instructions are clear and there is a mutual understanding of professional trust and respect right from the outset.”