UK businesses selling goods or services to consumers need to be aware of some new consumer protection legislation that is now in force. The legislation requires these businesses to give certain information to their customers and to revise their complaints handling procedures. The legislation originates from the EU meaning that businesses established in other EU … Continue Reading
The .SUCKS registry is perhaps the most controversial of the new generic top level domains (gTLDs), which the Internet Corporation for Assigned Names and Numbers (ICANN) has continued to roll out. Trademark owners should be aware of the .SUCKS registry and factor it into their trademark protection strategy. Yet the first “sucking” noise brand owners … Continue Reading
With much publicity, the FCC recently released its Open Internet Order laying out the its revised net neutrality rules. In an historic change of position, the Order, among other things, (1) reclassifies retail broadband internet access as subject to “common carrier” regulations, (2) imposes prohibits from giving preferred customers a “fast lane” to end-user customers, … Continue Reading
Eric Goldman’s Technology and Marketing Law blog has an interesting piece this morning on how companies have succeeded and failed with their click through terms of use. The piece reviews several recent cases with varying results. The upshot: Making sure web users actually click on something that says they have read and agree to … Continue Reading
Companies typically include a “Terms of Use” on their websites, which essentially serves as a contract between the company and the website user regarding the user’s use of the website. Online Terms of Use are typically presented to consumers in a couple of different forms (more on that below). Companies with websites targeted to U.S. … Continue Reading
UK consumer protection laws change again today (1 October). The Consumer Protection (Amendment) Regulations 2014 (the “Regulations”) come into force. They give consumers a new direct right of redress against traders who commit certain breaches of the Consumer Protection from Unfair Trading Regulations 2008 (CPUT). This development shifts the balance of power in favour of … Continue Reading
What is it? A new top-level domain name (TLD) permitting registration of (brand).LONDON, with priority given to London businesses, organisations and individuals. Anyone with a presence or interest in London should consider seeking to register a .LONDON domain name. It is expected that domain names will be allocated by August or September 2014. Who is … Continue Reading
Bitcoin continues to appear in headlines across global news sources, as various governments and other players decide whether to deal in bitcoin and how it should be treated. In our blog post a couple of months ago, we provided an explanation of the bitcoin phenomena, and an analysis of what legal and business issues they may present in … Continue Reading
On 5 December 2013, the French data protection authority, the CNIL, published new guidance (with supporting user-friendly factsheets) on the use of cookies by businesses operating in France. The guidance updates the CNIL’s informal recommendations on the use of tracing technologies first published at the end of 2011. All businesses using cookies must familiarise themselves … Continue Reading
Wikipedia’s parent company, Wikimedia, has recently sent a cease and desist letter to a PR firm for engaging in an activity known as “sockpuppetry”. For the uninitiated, “sockpuppetry” is essentially the practice of altering Wikipedia articles to make a company, person or client look better from a PR perspective. Wikipedia’s concern about this practice, is that it … Continue Reading
As the bitcoin community is gearing up for “Bitcoin Black Friday” on Friday, November 29, some explanation of exactly what are bitcoins and what legal and business issues they may present in the global marketplace may be helpful. As Chairman Thomas R. Carper D (DE) recently stated: Virtual currencies, perhaps most notably Bitcoin, have captured … Continue Reading
Sweepstakes have traditionally been widely used by marketers in the U.S., as they can be good at generating publicity and driving consumers to a company’s product (think Publisher’s Clearing House). After all, who doesn’t love something for free? In this digital age, sweepstakes are becoming even more popular as companies can better reach their consumers through social … Continue Reading
October 2, 2013: Despite the government shut down, the FBI today shut down the infamous “Silk Road” website and arrested a San Francisco resident alleged to be the site’s administrator the “Dread Pirate Roberts.” Silk Road has become renowned in recent years as an anonymous website used for trafficking in illicit substances and pirated goods … Continue Reading
