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E-Commerce and Intellectual Property


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

Attorneys in our group 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, prosecutions, and maintenance. We can assist in the assessment of patent prosecution viability, but we typically refer patent prosecution cases to external patent lawyers. We also handle complex transactions associated with IP, such as licenses, assignments, and development agreements. Our goal is to ensure that clients understand the relevance of IP protections and brand development; and help to register, protect, and address in applicable contracts their IP assets. Our services include:

  • Trademark prosecution, maintenance, and protection
  • Trademark filings (state, federal, Madrid Protocol, and international)
  • Copyright registrations
  • Copyright assessments and protections
  • Patent assessments and referrals
  • Trade secret plans and non-disclosure agreements
  • Software, website, and mobile development agreements
  • Copyright licenses
  • Software and technology licenses
  • Assignments
  • Independent contractor and work-for-hire agreements
  • Cease and desist demands
  • Infringement assessments

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