Trademarks and website headings

In a decision by the Full Court of the Federal Court of Australia, it was decided that use of the generic term "Lift Shop" in the title of a webpage was not trademark infringement.

See:  Lift Shop v. Easy Living Home Elevators [2014] FCAFC 75

See also comment.

Online Contracting

This week we will cover the two related issues of online contracting and legal issues which arise when creating a website.

Online contracting

How do you determine when an electronic communication is sent/received? What are the possibilities?

Electronic Transactions Act - Queensland / Commonwealth
Vienna Convention on the Sale of Goods (incorporated into Australia law)

Guidelines for operating websites

Australian Treasury Guidelines for e-commerce

Terms of use

What are the common clauses / differences between these Terms of Use?

• Great South East
• Telstra
• Microsoft
• Google

Clickwrap / Shrinkwrap agreements

Sample

What is the difference between a clickwrap and a shrinkwrap license?

What can you do to try and make a clickwrap agreement enforceable?

How will unfair terms legislation affect these agreements?

List of cases

Enforcing Click Wrap Agreements

Issues in Creating a Social Website

"...As a result of this trend, companies that were long content to have a Web site consisting of nothing more than an online brochure are now actively exploring creating Web sites with social media capabilities. Before implementing social media capabilities (e.g., hosting user-generated content, giving users the ability to share content with other members of the Web site community), though, the company should weigh the business justification for doing so, because the legal issues involved can be tricky. "

See this article

http://www.kilpatrickstockton.com/

Cutting Edge Websites

It is worth looking at these new websites:

www.rottenneighbor.com

www.frucall.com

www.streeteasy.com

www.hitchsters.com

www.delaycast.com

farecast.live.com

jott.com

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