Internet and E-Commerce

We have both breadth of knowledge and depth of experience in the Internet and e-commerce arena. We counsel and litigate on all facets of intellectual property relating to the Internet.

E-commerce Capabilities

We advise clients on the full range of transactional needs for setting up, operating and maintaining e-commerce businesses. Our transactional experience includes licensing agreements, patent and trademark prosecution and licensing, data licensing, media agreements and copyright protection and licensing.

We represent clients with respect to privacy issues, intellectual property ownership issues, and negotiating contracts with a variety of e-commerce vendors, including software licensors and implementers. We also deal with infringement claims, including those arising from misuse of our client's copyrighted Web site materials.

In addition, we have extensive experience negotiating ad serving agreements and affiliate program agreements, including agreements with online payment providers such as CheckFree and PayPal. We routinely negotiate a variety of commercial agreements relating to the purchase and supply of products and services including distributor, supply, value added reseller, and OEM agreements.

Web Site Development and Operations

We routinely negotiate Web site development agreements including content development and related software. In addition, we assist clients with agreements to license content for Web site use including hosting and Internet access agreements.

We have extensive experience in the drafting of online terms for the operation of Web sites, including terms of sale, terms of use and privacy policies.  We have addressed a wide range of issues relating to online and electronic contracting, including click wrap and shrink wrap licenses, online purchase orders and rental agreements.

We have assisted our clients in setting up B2B marketplaces and portals. We have drafted and reviewed participation agreements for online B2B services. We have also negotiated agreements relating to eBay and specialized online auction services. We negotiate and review agreements relating to Electronic Data Interchange (EDI).

Internet Advertising

We have a broad range of capabilities with respect to advertising law-related matters and issues. These include:

  • Negotiating and preparing contracts to license trademarks, logos, animated characters, literary works and other entertainment properties. 
  • Policing domain names and trademarks to guard against cybersquatters, infringement and dilution and genericness.
  • Prosecuting and defending claims relating to unfair or deceptive advertising.
  • Reviewing and providing clearance for advertisements and promotions (including copy used in connection with sweepstakes and contests).
  • Drafting official rules for games of chance and skill and advising on state rules and registration requirements.
  • Providing advice on use of advertising and promotional materials on the Internet and running online sweepstakes and promotions. 
  • Securing permission to use copyrighted works from clearing agencies, publishers and authors

Internet and E-Commerce Litigation Experience

Our experience includes the litigation of Internet and e-commerce issues on behalf of global companies in matters regarding trade secrets, the enforceability and content of Internet terms of service, Internet false-advertising allegations and unfair competition, and the enforceability and content of the company's Internet terms of service, including click-wrap and browse-wrap agreements.