We provide a wide range of e-commerce legal services.
Our attorneys are experienced in negotiating and drafting agreements and policies, handling emerging e-commerce matters, and litigating federal cases involving trademark misuse on the internet, including cases of unauthorized domain name use, website hijacking, content infringement, fake reviews, cybersquatting, false advertising, deceptive marketing practices, DMCA matters, online marketplace infringement, anti-counterfeiting, and social media disputes.
Our e-commerce services include, but are not limited to:
- Litigating unauthorized use of trademarks in domain names and product listings, unauthorized copying of website content, images, and other protected works, misleading product descriptions, reviews, or claims, and conflicts over the use of trademarks in online advertising.
- Creating website privacy policies, terms and conditions, and disclaimers.
- Counseling concerning state-specific data privacy compliance law protecting personally identifiable information, data access requests, requests to delete and correct, and opt-out requests.
- Using Uniform Domain Name Dispute Resolution (UDRP) proceedings to resolve disputes over domain name registrations.
- Litigating disputes concerning the Digital Millennium Copyright Act (“DMCA”). Preparing website development, web hosting, and web linking agreements.
- Conducting domain name searches and offering strategic counseling.
- Advice concerning domain name selection, registrations, and renewals.
- Preparation of domain name transfer and escrow agreements.
- Counseling concerning keyword issues.
- Click-wrap licenses.
- Preparing mobile app development agreements.
- Preparing social media influencer and affiliate marketing agreements.
- Issuing take down notices and cease and desist letters.
E-Commerce FAQs
What is cybersquatting?
Cybersquatting refers to the act of registering or using, in bad faith, a domain name in order to profit from anothers trademark, corporate name, or the personal name of an individual. The Anticybersquatting Consumer Protection Act (ACPA) gives a trademark holder the ability to bring a federal lawsuit against someone for cybersquatting.
What is a web development agreement?
A web development agreement is an agreement between a website owner and website developer pertaining to building, creating, maintaining and hosting a website.
What is the UDRP?
The Uniform Domain Name Dispute Resolution Policy (UDRP) provides an out-of-court procedure for resolving of disputes between a complainant and a domain name registrant over a domain name registration and use of the global top-level domains that include a name that is identical or confusingly similar to a trademark or service mark of the complainant. The UDRP procedure is typically provides a faster and less expensive way of resolving a dispute regarding a domain name registration and use of the domain name than going to court. Importantly, a losing party in a UDRP proceeding may sue in federal court to reverse the outcome.
What is the Digital Millennium Copyright Act?
The DMCA, as it is known, has a number of different parts. One part is the anticircumvention provisions, which make it illegal to “circumvent” a technological measure protecting access to or copying of a copyrighted work. Another part gives web hosts and Internet service providers a “safe harbor” from copyright infringement claims if they implement certain notice and takedown procedures.
What is a takedown notice?
The DMCA enables copyright holders to request the removal of infringing online content. A takedown notice is a notice sent from a copyright holder to a web host, search engine, or internet service provider to get user-uploaded material that infringes their copyrights taken down off of websites. The process entails the copyright owner (or the owners agent) sending a takedown notice to a service provider requesting the provider to remove material that is infringing their copyrights.
What is Personal Identifiable Information (PII)?
Personal Identifiable Information (PII) refers to any data that can be used to identify a living individual. This can range from basic information like a name or account number to more complex digital identifiers such as IP addresses, usernames, or GPS coordinates.
Why is some PII considered sensitive?
Certain PII is classified as sensitive due to the increased risk of harm that can occur if it’s leaked or misused. This can include information like social security numbers, financial data, health records, or information about minors.
What are comprehensive consumer privacy laws, and why are they important?
Various states have enacted consumer privacy laws to safeguard PII and protect individuals’ privacy rights. These laws impose obligations on businesses handling personal information to ensure transparency, security, and accountability in data processing practices.
How do consumer privacy laws vary across different states?
While many states have passed comprehensive consumer privacy laws, the specifics can vary. Differences may exist in the scope of applicability to businesses and individuals, enforcement mechanisms, penalties for violations, and the rights granted to consumers.
What are some common requirements of consumer privacy laws?
Consumer privacy laws typically entail provisions granting consumers certain privacy rights, such as the right of access, correction, deletion, and portability of their personal information. Additionally, these laws may provide consumers with the option to opt out of the sale of their data, targeted advertising, and profiling.
What rights are generally granted to consumers under these laws?
Consumers are typically granted rights including:
Right of Access: The ability to request access to their personal information held by businesses.
Right of Correction: The right to request corrections or updates to inaccuracies in their personal data.
Right of Deletion: The right to request the deletion of their personal information.
Right of Portability: The right to receive their personal information in a structured, commonly used, and machine-readable format.
Opt-Out Rights: The ability to opt out of the sale of their personal information, targeted advertising, and profiling.
How can businesses ensure compliance with consumer privacy laws?
To ensure compliance, businesses should implement robust data protection measures, including comprehensive privacy policies, secure data handling practices, regular audits of data processing activities, and mechanisms for responding to consumer requests regarding their personal information.
What are the consequences of non-compliance with consumer privacy laws?
Non-compliance with consumer privacy laws can result in significant penalties, including fines and legal action. Additionally, it can damage a company’s reputation and erode consumer trust, leading to loss of business and potential lawsuits.
