White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
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nlmay97 [2011/02/14 18:07]
127.0.0.1 external edit
nlmay97 [2017/07/30 18:03] (current)
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 As income derived from advertising on the Internet continues to grow, so to do the risks and potential damages which may be awarded against an infringing party. As with all other forms of media such as books, films etc permission should be obtained from the author prior to using the work in any way to avoid risky and expensive litigation. As income derived from advertising on the Internet continues to grow, so to do the risks and potential damages which may be awarded against an infringing party. As with all other forms of media such as books, films etc permission should be obtained from the author prior to using the work in any way to avoid risky and expensive litigation.
 =====  Suppliers - beware of third party claims ===== =====  Suppliers - beware of third party claims =====
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 In the UK decision of //​[[case_links#​DSL Group Limited v Unisys International Services Limited|DSL Group Limited v Unisys International Services Limited]]//,​ Unisys, a supplier of hardware was found prima facie liable to pay DSL, a software developer, damages in relation to a settlement paid by DSL to a end user (in excess of $1,000,000) and DSL's legal costs (in excess of $344,000) for a software development project that went wrong as a result of, in part, inadequate hardware and system software. DSL was providing the programming services and was found to have relied upon misrepresentations made by Unisys staff as to the capability of certain hardware and software to perform the required tasks. The project had been scheduled to take six months but after two years was still not complete. The end user sued DSL and subsequently settled the litigation. Because the settlement was a reasonable one, DSL was prima facie entitled to recover the settlement amount (including costs) from Unisys. It was significant that at least one Unisys sale staff member who made the representations knew them to be false. In the UK decision of //​[[case_links#​DSL Group Limited v Unisys International Services Limited|DSL Group Limited v Unisys International Services Limited]]//,​ Unisys, a supplier of hardware was found prima facie liable to pay DSL, a software developer, damages in relation to a settlement paid by DSL to a end user (in excess of $1,000,000) and DSL's legal costs (in excess of $344,000) for a software development project that went wrong as a result of, in part, inadequate hardware and system software. DSL was providing the programming services and was found to have relied upon misrepresentations made by Unisys staff as to the capability of certain hardware and software to perform the required tasks. The project had been scheduled to take six months but after two years was still not complete. The end user sued DSL and subsequently settled the litigation. Because the settlement was a reasonable one, DSL was prima facie entitled to recover the settlement amount (including costs) from Unisys. It was significant that at least one Unisys sale staff member who made the representations knew them to be false.
  
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 A similar situation may arise with respect to a business or company name. If another party registered a trade mark which is similar to your firm's name you may have to cease trading under that name. A similar situation may arise with respect to a business or company name. If another party registered a trade mark which is similar to your firm's name you may have to cease trading under that name.
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-This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquiries and seek appropriate legal advice. 
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