We don’t believe that e-commerce is totally replacing the high street but we do believe it is changing the way consumers shop. In some fields, it is also changing how businesses do business with each other and how products or services are promoted and advertised.
E-commerce via electronic/online market places (such as Amazon™ and eBay™), social media platforms (such as Facebook™ and Instagram™), or other websites frequently involves the use of intellectual property (IP) rights such as trade marks, copyright, registered designs and unregistered designs. The person or company trying to benefit from the IP does not, however, always have to right to do so.
Our trade mark team is experienced in advising on the use and misuse of IP, enforcing IP rights for those who feel their rights are being infringed, and defending parties where they are accused of infringing someone else’s IP rights.
Each situation is different but common areas of advice provided by the trade mark team in connection with e-commerce are:
- ownership of IP rights;
- pop up, cloned websites and/or online marketplace listings;
- counterfeit goods;
- sale of unauthorised goods on online marketplaces;
- trade mark infringement; and
- registered design infringement.
There are often ways of addressing IP problems in e-commerce that do not involve the time or expense of the court system. Our trade mark team is well positioned to respond quickly to address IP problems, employing an appropriate and pragmatic approach to meet the needs of each client.
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