A domain name or web address is a vital asset to any e-commerce business, and therefore needs to be properly protected. When a domain name is registered purely to take unfair advantage of a company’s rights, or to profit from the goodwill of a trademark they do not own, this is referred to as an abusive registration, or cybersquatting.

In some cases, these can be resolved by bringing a complaint to a relevant industry body, such as Nominet or the World Intellectual Property Organisation (WIPO). However, this can be a time-consuming process, and the cost to a business for each minute that their domain is under attack means a speedier legal response may be warranted.

In these cases, it is best to speak to an e-commerce solicitor with experience in handling domain disputes, abusive registrations and cybersquatting cases.

As the value of a domain increases, so does the temptation for competitors to copy parts of the site. Website infringement cases arise when companies discover a rival who has:

• Attempted to replicate the look and feel of their website
• Plagiarised wording, images or other material
• Copied terms and conditions, privacy policies or other contractual agreements

These activities are designed to take traffic from one website and drive it to a competitor and could constitute trademark infringement or copyright infringement. If this occurs, it is best to seek legal advice from a solicitor with online business expertise.

Most e-commerce companies require assistance from a third party to host their website, putting the security and visibility of that site in the hands of the web-hosting company. If this responsibility is abused or treated carelessly, this can cause significant problems for the business in question.

Complaints relating to web-hosting agreements include threats to destroy or disable a website, or claims for business interruption or loss of service. A specialist e-commerce solicitor can help to resolve these cases.

Many e-commerce businesses enter into agreements with companies specialising in SEO to assist with their online ranking.

Disputes can arise when the SEO company fails to achieve the promised results, or achieves only short-term gains, with no long-term traction for the website. Complaints may also be made if the SEO company fails to operate in accordance with a search engine’s terms of use, causing the client’s website to be penalised and downgraded.

E-commerce companies looking to establish an online presence often sign a contract with a website designer or builder. These agreements generally specify key objectives, milestones and timescales for the design, build and improvement of a website. Breaching the terms of the contract can cause issues such as:

• A delay or interruption in trading activity
• A delay to the launch date of the website
• Reputational damage due to a substandard or absent website
• Loss of business due to poor functionality

If you feel that a web designer has failed to honour the terms of an agreement, they may be in breach of contract. In these cases, you should contact a solicitor with e-commerce expertise to see whether legal action will be needed to protect your business.