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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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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Social media business

The main issues that arise in the social media business context from a legal perspective are: (i) defamation (ii) censorship, and freedom of expression (iii) copyright infringement (iv) trade mark infringement (v) breach of privacy (vi) Data Protection (vi) harassment and bullying (Cyberstalking).

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Domain name disputes

The following 15 tips are not meant to substitute for legal advice from a suitable qualified lawyer. They are however a starting point for small and medium sized enterprises and consumers on UDRP and domain name disputes.

The 15 Tips

1.ICANN and the UDRP – Due to the international nature of the Internet a method of dealing with disputes over domain names that would apply internationally was needed. The Internet Corporation for Assigned Names and Numbers (ICANN) devised the Uniform Dispute Resolution Policy (the Policy) to allow a quick, affordable way to resolve domain name disputes without the cost and delays of Court litigation. The Policy is numbered from Paragraphs 1 to 9. In addition there are the Uniform Dispute Resolution Rules (the Rules). The Rules are numbered 1 to 21. The Policy sets out the legal rationale behind the Rules. The Rules set out the actual procedure of uniform domain name resolution. The 2 are to be read in conjunction. In addition each ICANN approved dispute resolution provider has its own rules.

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5 tips domain name disputes

5 tips domain name disputes

Here are 5 tips domain name disputes.

1. 5 tips domain name disputes – Starting point – Generally, a holder of a domain name and the holder of a trade mark to that name can have equal entitlement (except when the brand name is so established that a domain is no longer just an address).

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Brands

From the beginning of modern European civilization the names of royals, aristocrats & politicians, have embodied a heightened perception of honour, importance and/or sense of purpose. Heroes like Alexander, became known as Alexander the Great, and instead of the less noble sounding name of Robert the Devil, Robert I, was popularly known as Robert the Magnificent. In turn Robert`s son was later known as William the Conqueror, as opposed to the less attractive name of William the Bastard. Celebrities now include female & male entertainers, as well as royals, aristocrats & politicians, reflecting the dramatic political, social and economic change of the twentieth century.

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Domain name protection

Domain name protection lawyers give guidance on domain name disputes

The point of a trade mark

The point of a trade mark is to identify the origin of a product or service and the cornerstone of liability is confusion. Unlike in the US, in UK law a trade mark cannot be infringed by dilution only; there must be an element of confusion. Generally, a holder of a domain name and the holder of a trade mark to that name can have equal entitlement to that name (except when the brand name is so established that a domain name is no longer just an address).

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