e-Commerce and Digital Intellectual Property
While e-commerce provides tremendous opportunities for our clients, it also presents challenges from cybersquatting, domain name disputes, and protecting proprietary software and applications. We work with our clients to address the challenges presented by new technologies, to protect our clients’ rights and to comply with new regulatory dictates, including privacy and anti-spam measures.
Now that computer software, processes based on mathematical formulas, and certain business methods are patentable, there are new and powerful ways to protect intellectual property. In some circumstances, software can be protected simultaneously by patent, copyright and trade secret, providing significant financial and competitive advantages for the software developer. Recent cases, however, may limit IP rights in this area, and Porzio can help a company navigate these waters.
We have represented companies in matters involving the Internet and e-commerce since businesses began exploring the commercial use of the Internet in the mid-1990s. We routinely counsel clients on licensing, copyrights, trademarks, patents, risk management and other issues that impact e-businesses. We handle licensing and litigation in connection with the misuse of brand names, HTML metatags and other protected rights associated with e-commerce.
Porzio’s Intellectual Property attorneys provide the following services for emerging Internet companies:
- Register domain names
- Establish an e-commerce business
- Negotiate and draft agreements for e-commerce transactions, interactive content providers, and online marketing and advertising regarding product and software development, distribution, outsourcing, system integration, Internet home page development, e-commerce sites, corporate e-mail policies, hyperlinks and electronic data interchange
- Prepare agreements relating to intellectual property rights and technology transfer
- Counsel clients on advertising or promoting products or services via the Internet or through other electronic media
- Counsel clients and document transactions regarding the protection, enforcement, licensing, and acquisition of intellectual property rights for business conducted via the Internet, including copyright, trademark and patent prosecution
- Represent Internet Service Providers (ISPs) and website owners
- Advise clients on the legality of their privacy policies
- Conduct website audits with respect to intellectual property and liability issues
- Counsel clients on legal restrictions for the use of encryption
Todd A. Denys Principal