Due to the necessity of limiting or even temporary ceasing of sales activity via traditional distribution channels, in recent weeks we have been observing an unprecedented growth of intensity of commercial activities of entrepreneurs from almost all industries on the online market. Consequently, on the one hand entrepreneurs face the challenge of reaching the widest possible range of the online customers and standing out from the competition with their online offers. On the other hand, the scale of third parties’ unfair online activities aimed at exploiting entrepreneurs’ brands and market reputation is also increasing proportionally. Eversheds Sutherland Wierzbowski provides comprehensive support in all legal aspects related to promotion and protection of a brand on the online market, as well as requirements for e-commerce industry being controlled by competition and consumer protection authorities – always taking into account the individual needs and scale of business activity of each client.
Our support includes:
1) Opinions on promotional activities of clients and their competitors - from a wording of a single offer, through its layout, to comprehensive advertising campaigns. Our lawyers will answer the question how to advertise your own business and products in a way not conflicting with the consumers rights and interests of market competitors. For example, how to avoid allegations related to misleading advertising, unfair comparative advertising or free riding on third party’s brand and reputation. If such violations are found in the competitors’ promotional activities, we will advise you on how to counteract them most effectively.
2) Combating infringements of intellectual property rights and the right to the company’s names in competitors' online offers, including support in:
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taking down online offers or auctions of counterfeit goods using trademarks, designations, packaging appearance or names of original goods - posted both on popular auction platforms (e.g. Allegro, a Polish online e-commerce platform) or on the websites created for this purpose
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combating activities of competitors consisting in the promotion of their own goods or services with the use of clients’ trademarks and other protected indications, by indicating in online offers that a given product is a cheaper/better equivalent of the original product
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combating activities of competitors consisting in suggesting in online offers affiliation or business cooperation with entities that are producers/official distributors of original products
3) Combating trademark and companies names rights infringements consisting in domain names registrations which through their similarity to official websites, companies names and trademarks held by clients, mislead the public and may lead to redirection of Internet traffic to websites created on domains held by third parties.
4) Advising in all other aspects of promotional activities and brand protection in online environment, e.g. AdWords online advertising with the use of trademarks as keywords.
5) Assessment of sale activities in the scope of Competition law provisions – including prices of products, restriction on the amount of products to be sold online, ban on online sales, geo-blocking. We will also help in evaluation of market research and performing safe contacts with competitors.
Contact us
If you are interested in our advisory, please contact us at:
eCommerceDesk@eversheds-sutherland.pl
The message should briefly describe the areas you would like to take care of. We will respond within 24 hours to clarify the scope of our consultancy. Then we will present a binding offer of our services, addressing your individual needs.
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