What can I do if someone steals content from my website?

While still a relatively new concept, most businesses in the UK now tend to have some kind of web presence. Whether with their own website, social media channels or Google listings, most businesses have begun to see the benefits of the internet. However, good websites take lots of careful planning, time and money to put together. So what happens if someone steals from your website, copying it’s coding or content? What does the law have to say about this and what avenues can you pursue for compensation?

How to avoid copyright infringement in the digital age

When someone copies, distributes or edits someone else’s work online without their express permission this is known as copyright infringement. For businesses in the UK it is especially important to try and avoid copyright infringement which can result in both financial losses and harm to your reputation.

What is copyright?

Copyright is an intellectual property right that automatically covers a multitude of types of work including film, photographs, art, audio and more and lasts for the duration of the author’s life plus 70 years. Infringing on someone’s copyright can result in financial damage awarded through litigation and also damage to reputation through negative publicity.

What is Fair Use in Copyright Law?

The term “fair use” relates to an exemption in copyright law that permits the free use of protected materials without first seeking permission from the rights holder. But how does it work in practice and can it be relied upon?

How are creative works protected online?

Copyright allows creators of media such as photos, videos, graphics, music and film to protect their work and to prevent it being manipulated, edited or copied by other people. However, while copyright is quite a well established idea, the digital age has presented a plethora of new challenges.

How non-disclosures can protect your business secrets

For many businesses, it is their trade secrets which provide them with an added edge over their rivals. Information, processes and plans can help them to gain an advantage and the unauthorised disclosure to third parties can be problematic and damaging. Here we will explain how Non-Disclosure Agreements (NDA’s) can help in protecting these types of information from dissemination by third parties.

What are trade secrets?

From the complex algorithms that Google use to order search results to the secret ingredients used in Kentucky Fried Chicken, trade secrets give businesses an advantage that requires protection. Trade secrets could include specific methods of working or production, equipment that is used, ingredients, inventions, algorithms and formula as well as customer lists and other types of information. Trade secrets are defined under law as information that is “secret in the sense that it is not generally known among or readily accessible to persons within the circles that normally deal with this kind of information”, “has commercial value because it is secret” and “has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it a secret”.

What to do if your work is pirated online

For media industries – particularly the music and film industries – file sharing is a controversial topic with many split over the positive and negative impact of the phenomena.

Some creatives, such as the Cuban born musician Pitbull, are proud advocates of file sharing and have even launched their careers of the back of piracy. In the early days of his career Pitbull uploaded his songs to the file sharing service LimeWire under the name of more popular artists in order to gain exposure. While many people were confused as to why the song they downloaded was another artist, many others liked the music enough to hunt down the true identity of the mystery artist and pay for his music.

The importance of responsible data handling for businesses

There have been numerous cases in recent years where businesses and organisations have failed in their duties under the Data Protection Act (1998). Under the law, organisations must do all they can to safely store, maintain and correctly dispose of sensitive information. Failing to do so can leave you open to fines of up to £500,000 and can significantly damage your reputation. Take Japanese electronic gaming manufacturer PlayStation who were handed a fine of £250,000 by the ICO when a hack into their online network leaked the user logins and credit card details of their customers. So, with these dangers in mind what guidelines should businesses follow for storing, accessing and disposing of confidential data?

Trademarks: FAQs

In previous articles we have explained the importance and methods of protecting a business’s brand by registering the brand as a trademark . This article covers some of the most frequently asked trademark questions.

To get protection for my brand, do I need to register it as a trademark?

It is possible to claim “common law” rights for a trading name within the UK. However, it can take a significant amount of time to earn the right, your rights will be unclear, someone else could register the name as a trademark and if that did it happen it would be very costly to get the rights back. So it is highly advisable that you register your brand as a trademark as it is the best way to ensure you have the exclusive legal right to use your brand.

The best way to protect intellectual property

All businesses should be aware of what intellectual property is and how to protect it.

A company’s branding, the name of products, inventions, product design or an item you have produced is classed as intellectual property and can be protected to prevent others from stealing or copying them. In previous articles we have highlighted the importance of registering a trademark to protect your brand and the reputation of your business. In this article we will discuss some of the best practices for protecting a business’ brand.

The benefits of successful brand protection

All businesses develop a substantial association between the company’s brand and the products or services it provides the consumer. Previously we have explained the process of registering a trademark in order to protect your brand and in this article we will focus on the benefits of successful brand protection.

Branding for your business should be carefully considered at an early stage and treated equally alongside the goals of the business. Creating a strong brand will enhance the growth of your business because your branding helps your clients or customers associate a reputation with your products or services. To ensure your developing brand and your businesses reputation is protected you should register your brand as a trademark.

4 great tips on how to register a trademark

Your brand could be the most important aspect to your business’s ongoing development and not registering a trademark to protect your brand from exploitation could be a big risk. Correctly securing a trademark will not only add value to your business and brand but will also allow your company to stand apart from your competitors.

A common misconception is that registering your businesses name with Companies House or owning the website address is sufficient, but these provide no form of trademark protection whatsoever. The only way to correctly protect your brand is to apply for a trademark with the Intellectual Property Office. However, before you apply for a trademark you should check that the name you want to protect can be registered with Companies House and that the internet domain name is available.

Website Blocking Orders Against ISPs Offer Powerful Protection For Brand Owners

In the last few years, numerous blocking orders have been obtained by music and film copyright owners pursuant to section 97A of the Copyright, Designs & Patents Act 1988. This significant legal development has resulted in Internet Service Providers (ISPs) preventing their customers from accessing peer-to-peer file‐sharing websites. Such websites allow users to select and download various files from an organised directory of content.

In the recent case of Cartier International AG & Others v British Sky Broadcasting Ltd & Others [2014], the High Court concluded that blocking orders may also be sought in respect of websites selling and advertising counterfeit goods, although there is no statutory equivalent to section 97A. This decision has paved the way to imposing more burdens on ISPs, as it is the first time that blocking orders has been awarded to brand owners in this way.

What Is An E-signature And Is It Legally Binding?

In everyday language an e-signature is just a digital form of a signature but in legal language the definition is somewhat wider. An electronic signature is defined legally as data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication. E-signatures come in many forms including manuscript signatures that have been scanned, Personal Identification Numbers (PINs) or merely a name typed at the end of an email message.

More sophisticated types of e-signatures are digital and biodynamic signatures. Digital signatures rely on a form of encryption to authenticate messages. In this type of encryption the signing party uses a key pair (private and public key). The signatory affixes the signature using their private key, while the recipient verifies the signature with the public key and decrypts the message.

Biodynamic signatures are versions of manuscripts signatures where a special pen and pad is used to measure and record the actions of the person as they sign. A digitised version of the manuscript signature is created and can then be attached to electronic documents.

A New Twist In Trade Mark Case Of Interflora v M&S

The long-running trade mark dispute between Interflora and Marks and Spencer (M&S) has captivated brand owners and intellectual property lawyers since its early beginnings in 2008. The battle ensued after M&S’ used Interflora’s name as keywords to prompt Google adverts which did not actually contain the Interflora name or branding but took users to M&S’ own flower delivery service. The outcome has important implications for all brand owners and their competitors.

In May 2013 Arnold J, High Court judge, found in favour of Interflora by declaring that M&S was guilty of trade mark infringement for using Interfloras’s trade mark as a keyword. In the latest twist the Court of Appeal declared in November 2014 that, due to a number of errors of law apparent in the proceedings, the case must be allowed to go to appeal and remitted it for a retrial to the High Court.

Additional Damages Can Succeed Where Accounting For Profit Fails

The 2007 hit pop single Heartbroken produced by T2 and featuring the British singer Jodie Aysha, has been the subject of recent damages proceedings. The claim followed a 2013 (Patents) County Court ruling that the performer’s rights relating to the vocal track at the centre of the dispute belonged to the claimant – Jodie Aysha – and not the record companies All Around the World Recordings and ANV Records. Ms Henderson (‘Jodie Aysha’ being a stage name) had composed the song lyrics when she was fourteen years old.

Parody Exception for Copyright Infringement Now in Force

On October 1^st 2014, changes to UK intellectual property law came into force which permitted for the first time the use of copyrighted works for parody.

Previously, if a parodist had taken a substantial part of a copyrighted work, that individual could not rely upon any direct parody defence in order to avoid liability for copyright infringement. In practice, this meant that any person seeking to engage in this type of activity required a licence from the copyright owner.

The Internet of Things will Affect Businesses as Producers and Users

The invasion of the smartphone into our lives has created a revolution in the way we communicate and organise ourselves. Another revolution is on the way though which individuals and organisations already need to start preparing for, that is the internet of things.

The Internet of Things (IoT) refers to a future decentralised network of interconnected objects which can sense and interpret one another, communicating information either unilaterally or in connection with other objects.

The prospect of a future in which society increasingly features a physical world being controlled by a digital one features in much dystopian literature but the associated negativities do not end there.

The onset of IoT is likely to raise a whole new dimension of security and privacy concerns while user expectations are rising rapidly at the same time. Legal complexities are unavoidable.

Cloud Storage Legal Issues: Data Protection, Data Storage and Access to Information

In basic terms cloud storage is a way to save information to the web. In legal terms that simple proposition carries a complex web of rights, responsibilities and obligations, particularly for business users.

By using the cloud you are able to access your files from any computer in the world providing that you have an internet connection. If you use services such as Google Docs, Yahoo Mail, Facebook or iCloud then you are already using the cloud.

Cloud storage services are online services that supposedly store your information safely and securely. In many cases they offer a quicker and easier way to back up files than conventional methods.

However, there is a perception that significant risks arise from cloud storage in relation to data protection, safe data storage and access which has led to considerable legal complexity in this area.

A Truly Pink Trademark Battle Won in the High Court

In July the High Court handed judgment to luxury British fashion retailer Thomas Pink Ltd, ruling that Victoria Secret’s use of a sub-brand “PINK” had infringed Thomas Pink’s trademarks. These included the distinctive use of the capitalised word PINK.

Victoria’s Secret is the largest American lingerie retailer, with an increasing presence in Europe; Thomas Pink earned its reputation for its quality men’s shirts.

The case emphasised important aspects of trademark law which brand owners should bear in mind when it comes to protection and infringement of trademarks.

Reducing Start-up Business Litigation Risks

Start-up businesses are finding themselves embroiled in litigation for basic legal failures at the outset of their endeavour. Many of these costly errors could be avoided with simple legal advice.

The messaging service Snapchat, which markets an application allowing users to send temporary photos and videos, has recently settled a dispute over its creation and ownership.

Frank Reginald Brown challenged Snapchat’s chief executive, Evan Spiegel, that he had originally provided the idea of images which would “disappear” when the two attended Stanford University together. Snapchat, judging by recent investment, is valued at approximately £6.2bn.

Start-up businesses, in particular tech companies, can face a variety of legal issues surrounding ownership and rights. The imprecise nature by which a start-up comes about, with undefined share holdings or property rights, often results in the prospect of litigation when the business’s value increases later down the line.

Trademark Survival: Bear Grylls v Bear Knifes

A dispute over naming rights recently arose between a company representing the popular TV adventurer Bear Grylls and Bear Blades, a small knife manufacturer in Devon.

It appears that lawyers for Bear Grylls Ventures were concerned about the potential for Bear Blades to piggy-back off the goodwill currently generated by Mr Grylls in the adventure goods market.

In particular, the firm was worried about the application to register the logo, ‘Bear. Blades.Steel.Strength.Utility’.

Lawyers for Bear Grylls Ventures sought to have the newly formed company’s website changed so as to avoid customer confusion.