Essay ECLA7311: E-Commerce Law 3 – King Consulting Pty Ltd Provides Training Courses – Law Assignment Help

Assignment Task:

Question 1
King Consulting (Pty) Ltd runs a consulting agency that provides training courses throughout South Africa on subjects such as leadership and presentation skills. The courses are marketed in a number of ways, including by means of newsletters which are sent by email. King Consulting (Pty) Ltd provides the service provider with copies of the newsletters to send out and lists of email addresses to send them to, and the service provider does the actual sending of the emails. Although the applicant does not indicate whether the lists of email recipients are created by it or are purchased or otherwise procured from other sources, the promotional material is sent to those on the list via bulk email transmissions. The emails can only be transmitted via independent internet service providers (ISPs) with whom King Consulting (Pty) Ltd subscribes. Some of the ISPs it has contracted with to transmit bulk emails are members of The Internet Service Provider Association (“ISPA”). King Consulting (Pty) Ltd’s standard emailed newsletter contains details of the sender, date, recipient and subject matter. ISPA’s website contains a webpage titled “Hall of Shame” on which it lists those whom it claims are “spammers”. King Consulting (Pty) Ltd’s name appears on the list as a result of King Consulting (Pty) Ltd sending unsolicited bulk email to people without their explicit consent or where there was no prior relationship between them (and the subject matter of the email did not concern that relationship) and failed to provide proper details of the source from which it obtained the consumer’s personal information upon request. 
You are a legal intern working at ISPA. ISPA has received a letter from King Consulting (Pty) Ltd’s attorneys to have its name removed from ISPA’s Hall of Shame and they are threatening to bring an interdict for its removal and institute proceedings for defamation. King Consulting (Pty) Ltd is relying on the law of defamation to assert that its rights have been infringed. Your supervisor approaches you to assist him with this matter. He remembers there being a similar case that arose a few years ago, but he can’t remember the name. He asks you to do legal research to determine if they have to remove the listing, he wants you to find and discuss the relevant case, relevant legislation and also consider new legislative developments since the case was decided. He requests that you structure your research in the form of a legal opinion. He tells you that he does not doubt that King Consulting (Pty) Ltd was defamed, however, he believes there would be a 
defense available to ISPA. 

You are aware that if you write a brilliant legal opinion on the matter, you may be offered a permanent position in 2021. You immediately consult with your E-commerce lecturer and she provides the following suggested issues that should be included in your opinion as a guideline: 
• The facts, issue in dispute 
• Meaning of the Internet. 
• The Definition of an ISP as defined in relevant legislation. 
• The Role of an ISP in relation to emails. 
• The effect that receiving SPAM has on recipients. 
• The definition of SPAM. 
• The provisions of relevant legislation in respect of SPAM. 
• A discussion of the mechanisms put in place by ISPA to curb SPAM. 
• A discussion of the relevant legislation that pertains to SPAM. 
• The defense available to ISPA as set out in the relevant case. 
Your opinion should be addressed to your supervisor, at ISPA, have a heading and contain the following sub-headings: 
1. Facts 
2. Legal Question(s) 
3. Short answer 
4. Applicable legal principles 
5. Application 
6. Summary and recommendation. 
Your supervisor advises you that you must refer to at least three journal articles and one additional textbook besides your E-commerce textbook. 
Your supervisor advises you that your legal opinion may not be longer than 20 typed pages 

Question 2 (ECLA7311)
Q.2.1 In Laugh It Off Promotions CC v SAB International (Finance) BV t/a SABMark International 2006 (1) SA 144 (CC), the court stated that the purpose and scope of section 34 of the Trade Marks Act (1) which must be understood in the light of the Constitution. Briefly discuss. 

Q.2.2 Differentiate between a domain name and a trademark.