Damages for website product catalogues in IPEC cases

IPEC is a court forum designed to make it cheaper faster and simpler to dispense with intellectual property cases for SMEs’. The costs are capped at £50,000.00 and the value of cases are capped at £500,000.00 although this can be waived. Note also that the costs cap of £50,000.00 can be waived where there is a part 36 offer – PPL v Hagan [2016] EWHC 3076 (IPEC) (30 November 2016).

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Apple’s New Mobile App Design Guidelines

Following WWDC 2017 on 05th June 2017, Apple published a new version of the App Store Review Guidelines. The App Store Guidelines are always receiving minor updates but these changes include totally new rules as well as minor changes in style.

The new App Store Review Guidelines reads more like a conversation than a formal set of rules. In-fact it is quite fun to read.

The following is light-hearted:

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How do you become a high growth digital technology business attracting investors and corporate clients?

What we do at PAIL is assist start-ups that already have a product and are revenue generating but are still looking to make that transition to corporate clients or to take investor funding. This transition is not an easy one. If your business has largely been done by employing people-per-hour consultants on a pay as you go basis or writing your contracts yourself, it is difficult to navigate the complexity of licensing technology to a corporation as all of them have rigorous procurement processes. One of the major validation concerns of corporations and investors is the longevity of your business model i.e. are you a here today and gone tomorrow. Apart from ensuring legal compliance we offer insight into how a business can be better prepared from generating revenue to being a high growth business. We are fortunate enough to represent a few such businesses. Are you feeling the itch to make the shift from selling to consumers and SME’s to acquiring corporate clients and institutional investors?

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Life cycle of a digital tech business: how to take your start-up to corporate success?

The author Peter Adediran is a UK qualified and fully licensed current practising solicitor specialising in mobile applications and ecommerce related B2B and B2B2C start-ups and later stage SME growth. His areas of expertise include using intellectual property to add to business value, and drafting growth and exit focused commercial agreements. His breadth of experience over 18 years includes more than a 100 start-ups worth over $100 million

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Investment Fund Trademarks – Fund Firms Struggle to Find a Name to Call Their Own

So, you want to trademark a name for your investment fund. You have taken general legal advice and have been told that in a word phrase like ‘BARON INVESTMENTS’ the secondary words in the phrase are of no consequence in determining infringement and trademark ability. Indeed, so long as you have trademarked ‘BARON’ for financial services including investment management in the UK, EU and US markets then you can get an injunction to stop anyone else using the name ‘BARON’ as part of any word phrase for financial services in the UK, EU and US markets, and force them to recall all their advertising and pay you money damages, or/and trademark any secondary word or words with that name, right?

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Do’s and Don’ts of Website Terms and Conditions Writing

Let me ask you a question that’s critical to your success as a small business. Do you know what NOT to do when writing your website terms of business?

We receive several complaints from small e-commerce businesses that their terms and conditions are challenged continually by customers, particularly on lead times, estimates, extensions, and returns.

There is an understandable view that e-commerce legislation is a bureaucratic box checking exercise which gets in the way of maximising profits. They could also be viewed as an opportunity to increase customer confidence in your business.

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Parenting Mobile Apps Law

So you want to develop a parenting mobile app to exploit the commercial opportunities of the mobile app on demand services market. It’s a good bet. On demand services businesses like Uber have been very successful.

A great emerging target market is that of selling convenience to modern parents particularly with their children. The majority of mothers are in work. In 2014 87.7% of families were reported to be working families. This was the highest percentage since records began in 1996. [National Archives] The largest percentage increase in working families has been among lone parents with dependent children. [Citizens Advice Bureau]

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Latest EU Digital Copyright Rules Favour Content Creators

There has always been a tension between content creators (CCs), publishers, and online service providers (OSPs) in the digital copyright world. CCs create content such as – text, images, audio visual, motion pictures, and music. OSPs which include – search engines & directories, ecommerce retailers and social networking websites, commercialise the content.

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Brexit – UK’s Internet legal landscape following EU exit

The following article is a high level view of the consequences of Brexit from a legal perspective as it relates to Internet related business.
Background

At the outset there is only one thing for certain and that is that the legal position after Brexit does not have to be uncertain. Indeed, it is possible to extrapolate which laws will fall away and what will be left in place as this will largely depend on what type of post-Brexit model is adopted by the UK. With this in mind the background position regarding Brexit so far is as follows.

The EU is governed by (1) The Treaty of the European Union (TEU); and (2) The Treaty on the Functioning of the European Union (TFEU) (the “EU Treaties”). The referendum does not mean that the UK has automatically left the EU. Article 50 of the TEU sets out the necessary mechanisms for the UK’s departure. It provides that:

i) A Member State may leave within two years of notifying the European Council (the Council) of its intention to withdraw from the EU. There is a negotiation process for the withdrawal and future working relationship with the EU Art 50(2)(b);

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Using brand names on websites

Marketing a service or product is a very important part of creating brand awareness and generating sales. Brand names have meaning to people. They are associated with good reputation or in some cases not so good. Businesses spend millions on building brand names and creating brand awareness. Obviously a great way to promote your business is to use these brand names in your website business description, item descriptions, keywords, search tags to try to project the image that you are associated with them. There will be no repercussions if you use brand names, right? Well not quite.

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CRM database software licensing copyright infringement

High Court cases involving copyright infringement of CRM database software and billing software have increased exponentially as software companies compete aggressively for the same licensees in the customer relations, content management and sales space.

The recent case of Ultrasoft Technologies Limited v Hubcreate Limited Case No: IP-2015-000042, at the Intellectual Property Enterprise Court, is a good example of how the fierce competition is being fought out through the courts. Judgment was handed down on Wednesday 16th March 2016 by Judge Hacon.

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Do-it-yourself trademark registration

It may appear simple enough. You make an application for trademark registration using form TM3, which you can download or complete on-line. You are required to provide an illustration of the mark and indicate whether it is a series of marks. If it is a series of marks, then you are limited to six marks in the series. The goods and services you may apply for are divided into 45 classes. This is all set out under the Nice Classification. You just say what goods or services you want the mark to cover. In-fact only a very small percentage of trademark registration applications are challenged. It can cost you as little as £170 for the whole process without a lawyer. It makes sense to do it yourself, and then get a lawyer if the trademark is ever challenged. That simple, right? Well, not always.

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Entertainment licensing – Nightclub director faces sentencing

PRS for Music and PPL Entertainment Licences

Owners of nightclubs, bars and pubs should pay attention to a recent case. The Phonographic Performance Ltd V Nightclub (London) Ltd [2016] EWHC 892 (Ch) case shows what can happen if venues do not have the proper licensing for recorded music.

In short, Phonographic Performance Limited (PPL) applied for an injunction to stop a club owner from playing recorded music without the appropriate licence. This should have been a routine matter except the club owner ignored the PPL until it was too late.

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