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[_] Trademarks

Richard Price richardprice at
Wed Dec 30 11:17:27 GMT 2009

2009/12/30 Richard Dennys <richard.dennys at>

> Hi Thomas,
> It's an interesting question. Most UK trading laws seem inadequate for the
> internet. For example if you sell an app, the customer has 7 days to reject
> it to get their money back, even if it works, under the distance selling
> directive. Seen this referred to on Itunes t&cs? No thought not.
According to the OFT:

Do downloads of electronic books or music from a website,
or the purchase of ring tones and screen savers for mobile
phones fall within the cancellation exceptions referred
to above?

3.38 Unless you have agreed that they can, your consumers cannot cancel
if the order is for:

- audio or video recordings or computer software that the customer
has unsealed

3.39 We consider that these examples are likely to constitute services,
rather than goods as the consumer does not receive physical goods.
The right to cancel are therefore those that apply to services.

Which answers that...