OUR EXPERTISE

Media & eCommerce

Bespoke offers a wide range of legal services to assist you in navigating the complex world of media and eCommerce. Businesses rely on being able to capitalise on their brand in a wide array of media in order to spread their message, mission or product.

At Bespoke, we’ve familiarised ourselves with not only traditional platforms, but modern platforms as well: allowing us to make sure your business is taking advantage of the new world of eCommerce and media.

We operate primarily in the following areas:

  • Advertising and marketing.
  • Entertainment and digital media.
  • Content and advertising compliance.
  • Internet and eCommerce.
  • Domain names.
  • Online terms and conditions and policies.
  • Social media.
  • Intellectual property, privacy and defamation.
  • Employment.

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Advertising and marketing.

Bespoke advises on a wide variety of advertising and marketing agreements, including marketing services supply agreements, agency agreements, joint promotional activity deals, branded content agreements and advertising terms and conditions (covering both traditional and digital marketing).

We act for agencies, franchisors, international retailers, media personalities, authors, book publishers, owners, licensees and distributors of digital media, visual and data content providers.

Entertainment and digital media.

In the entertainment arena, we provide legal advice relating to film, television and media content production. Our clients range from content creators and film and television production companies to writers, publishers, actors, animators and artists.

Our practice is diverse and innovative and includes aspects of film and television, digital and mobile content, online piracy, internet and online media and applications, merchandising and publishing.

Content and advertising compliance.

We advise on all types of content and advertising issues. We review advertisements appearing in all types of media and evaluate them for compliance. Our clients rely on us to provide fast and pragmatic advertising and promotional clearance. This includes advice on the legal risks potentially associated with innovative and aggressive marketing campaigns.

Internet and eCommerce.

Businesses heavily rely on the internet for internal and external communications, for social media and as a channel to market. The internet’s ubiquity presents a unique set of challenges and risks to businesses in all industries and existing laws are constantly challenged by the ever-changing technologies and opportunities. Bespoke is at the forefront of this area advising in the following areas:

Domain names.

We recognise that an effective domain name programme can help mitigate the risk of domain name piracy and enhance the value of your asset portfolio. Our team provide a comprehensive range of domain name services including:

  • dispute resolution.
  • enforcement.
  • licensing and domain name strategy advice.
  • portfolio management and renewals.
  • registration.
  • searching.

We also have experience in dealing with cybersquatters and typosquatters.

eCommerce.

We advise both online suppliers and customers and are skilled at negotiating and implementing e-commerce transactions. We regularly advise on e-commerce contracts, online publishing, content deals, online collaborations, social media, intellectual property, privacy and defamation issues.

Our focus on enforceable click-wrap agreements ensures that online contracts are user friendly and efficient to implement.

Online terms and conditions and policies.

We are expert at drafting tailored legal documentation, terms and conditions and privacy policies for websites, intranets and applications (mobile, tablet, desktop and browser applications).  Given the nature of the online world, our drafting seeks to limit your liability, protect your valuable intellectual property rights and provide a solid foundation for transacting business via e-commerce channels.

We can assist you in preparing e-commerce documentation, including the following:

  • blog terms and conditions.
  • cookies policy.
  • delivery policy.
  • online competition terms and conditions.
  • privacy policy.
  • refund policy.
  • terms and conditions of use.
  • terms of and conditions for group buying or aggregator sites.
  • terms of and conditions for online portals.
  • terms of supply for online retailers
  • user generated content policy.

Social media.

The ease with which information can reach an almost limitless audience via social media channels is a key attraction, yet we recognise that it can present itself as a key source of risk. Bespoke is expert at advising on the numerous risk and governance issues arising from the use of social media by the business, and personal use by staff.

Intellectual property, privacy and defamation.

Given the ability to easily post and disseminate information online (such as via social media or blogs) or ‘regram’ Instagram photos, together with their potenitally endless audience reach, it is no surprise that there is a rapid rise of claims in this area. We have experience in dealing with intellectual property infringement claims, defamation claims or privacy issues, arising as a result of online publications (such as social media, blogs or instagram).

As with other forms of intellectual property, we recognise the importance of registration of social media handles in order to enhance the value of your asset portfolio. In this respect, we provide a comprehensive range of domain name services from searching, registration, enforcement, dispute resolution and portfolio management.

Employment.

It is inevitable that employees will use social media and will often do so to express grievances, derogatory or unsavoury comments about their employer or other third parties. Rigorous social media clauses in employment agreements and the implementation of a Social Media Policy for all employees will minimise the risks to the business (including the risk of being vicariously liable for employee’s conduct via social media, even if outside working hours). A Social Media Policy is a vital workplace tool to help everyone understand their rights and responsibilities when it comes to using social media. Bespoke has experience in drafting Social Media Policies, social media clauses in contracts and also in advising on social media processes.

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Contact

Jeremy Szwider