IPStyle specialists protected the software developer’s interests in court

2018-08-19

IPStyle was applied for a help by the software developer widely known in Ukraine in the field of setup and management of customer communication systems (CRM-systems). The issue was caused by some customers, who received the right from the developer to use the software and after using the software for some time, decided to return the paid money. What is interesting – these clients justified their requirements by the fact that they were said to have transferred money erroneously. To strengthen their position, customers tried to convince the court that the developer did not provide an access to the software or the technical support in it, and generally denied the existence of any contractual relationship with the developer. With that said, the customers were proving the error of money transfer.

Decision

IPStyle’s lawyers represented the developer’s interests in court and provide convincing evidence of the developer’s proper fulfillment of his obligations as to providing software licenses and technical support for each client, as well as the developer’s ownership of exclusive property rights to the software. The complexity of this particular case was in the specific nature of the software developer’s activities – any actions regarded to providing the software access and its configuration were performed by the developer’s employees remotely by the Internet. Customers tried to reverse the fact that the developer fulfilled his obligations, for example, the developer’s provision of authentication data for the software access, hosting the relevant CRM-systems on the subdomains created by customers etc. IPStyle lawyers developed a strategy to protect the software developer’s interests, formed a solid evidence base covering all the actual circumstances of the legal relationship between the developer and clients, and implemented lawyer examinations of CRM-systems on the Internet. In addition, due to reasoned motions of IPStyle lawyers, electronic evidence was examined in court sessions, for example, electronic correspondence between the dispute parties, including e-mails which contain communication with customers as to the software implementation, the modules modifying, training and advices providing of the developer to the clients. Due to the qualified representation of the developer’s interests provided by IPStyle lawyers, the court had no doubt about the right way of disputes resolving.

Result

Despite the difficulty of providing the evidence regards the case circumstances, taking into account all the special procedural actions committed, the materials and evidence provided on the cases, the court took the decisions in favor of the software developer, while the claims of these clients for money recovery (return) were refused.