E-Commerce and Intellectual Property

E-Commerce

When it comes to e-commerce, even the simplest online commercial transaction requires a deep understanding of the credit card processor rules, compliance with state and federal regulations, nuances of technology related to e-commerce sites and shopping carts, consent approaches to terms, shipping and delivery considerations, and – most importantly to our clients – the protection of the business interests. We capably advise, draft, and manage a myriad of agreements and transactions related to e-commerce:

• Credit card processor agreements
• Merchant account agreements
• Online sales and/or shopping cart agreements
• Transportation and delivery agreements
• Website terms and conditions
• Privacy policies
• E-commerce services agreements
• Security assessments
• Outsourcing agreements
• Hosting services
• Cloud services agreements
• Business process operations
• Data processing
• Services agreements (e.g., call centers, etc.)

Intellectual Property

The attorneys on our team have focused on technology and intellectual property matters for years. We assist clients with any “soft IP” (i.e., trade secret, copyright, and trademark), including IP registrations, renewals, responses to office actions, prosecutions, and maintenance. We can also assist in the assessment of patent prosecution and litigation viability, but we refer patent prosecution and litigation cases to trusted external patent lawyers with whom we have established relationships. We also handle complex transactions associated with IP, such as licenses, assignments, and development agreements. Our goals are to ensure that clients understand the relevance of IP protections and brand development and help them register, protect, and address those concepts for their IP assets in corporate policies and applicable contracts. Our firm manages hundreds of trademarks in both simple and complex portfolios.

Our services include:

• Trademarks and service marks:
  • Prosecution, maintenance, and protection
  • Trademark filings (state, federal, Madrid Protocol, and international); including coordination with local counsel as appropriate for international filings
• Copyrights:
  • Registrations
  • Copyright assessments and protections
• Patent protection and litigation assessment and referrals to trusted patent counsel
• Trade secret protections and non-disclosure agreements
• IP transactions:
  • Software, website, and mobile development agreements
  • Copyright and/or mark licenses
  • Software and technology licenses
  • Assignments
  • Independent contractor and work-for-hire agreements
  • Brand and other internal policies
• Protections:
  • Drafting and/or responding to cease and desist demands
  • Assisting clients with potential infringement assessments